HomeMy WebLinkAboutKemp Drive Sanitary Sewer Improvements
Augusta Richmond GA
DOCUMENT NAME: ~ \),\\\Je So\\\\Q.X<j ~ \h1~'(Wef'<'e(\t5
DOCUMENT TYPE: L.C:J~Qc.-\
YEAR: Oc9
BOX NUMBER: \ ~
FILE NUMBER: \ 19 \ D3>
NUMBER OF PAGES: \ ~\
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CONTRACT DOCUMENTS &
SPECIFICA TIONS
KEMP DRIVE SANITARY
SEWER IMPROVEMENTS
Prepared For
Augusta-Richmond County Board of Commissioners
Municipal Building
Augusta, GA 30901
By
PM&A Consulting Engineers, Inc.
609 Broad Street
Augusta, GA 30901
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PM&A Proj. 00052
January 25, 2002
ACORQ.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDD/YvJ
,.1;5/16#002
PRODUC~ (77~)246-8300 FAX (770)246-8301 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sutter, Mclellan & Gilbreath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Norcross, GA 30092-2205 INSURERS AFFORDING COVERAGE
linda Mitchell
INSURED Blair Construction, Inc. INSURER A: FCCI Insurance Group
P. O. Box 770 INSURER B: Atlantic Mutual Insurance Co.
Evans, GA 30809 INSURER C:
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
llfI/SR "TYPE OF INSURANCE POLICY NUMBER 'Dk~ ltMMlDDlYVi "~~!fE' IMMlDDml LIMITS
LTR
GENERAL LIABILITY PPCGl0100018850 02/14/2002 02/14/2003 EACH OCCURRENCE $ 1,000,00(]
T COMMEROAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000
I ClAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAL & MJV INJURY $ 1,000,00(]
- 2,000,000
GENERAL AGGREGATE $
. 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I n PRO- nLOC
POLICY JECT
~OMOBfLE LIABILITY ~PPCAU0100018850 02/14/2002 02/14/2003 COMBINED SINGLE LIMIT $
X />NY AUTO (Ee eccident) 1,000,00(]
-
- ALL OWNED AUTOS BODfL Y INJURY
$
SCHEDULED AUTOS (Per person)
A X
HI RED AUTOS BODILY INJURY
- $
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Par accident)
GARAGE LIABILITY AUTO ONL Y - EA ACCI DENT $
R />NY AUTO OTHER THAN EA ACC $
AUTO ONL Y: AGG $
EXCESS LIABILITY UMB01000019236 02/14/2002 02/14/2003 EACH OCCURRENCE $ 5,000,000
~ OCCUR D ClAIMS MADE AGGREGATE $ 5,000,000
A $
1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 001WC02A50790 02/14/2002 02/14/2003 I iORhrMlTS I IU~I(
EMPLOYERS' LIABILITY $ 500,000
A EL EACH ACCIDENT
EL DISEASE - EA EMPLOYEE $ 500,000
E,L. DISEASE - POLICY LIMIT $ 500,000
OTHER 259021525 02/14/2002 02/14/2003 $250,000 per item/max limit
leased/Rented
B Equ i pment ' $1,000 per claim ded.
~ESCRIPTlON OF OPERATlONS/LOCATlONSNEHlCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I
roject: Kemp Drive Sanitary Sewer Improvements
Augusta, GA
Contract Amount: $382,670.io
CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETIER: CANCELLATION I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I
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EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
--1!L. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Room 60S Municipal Building OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Augusta, GA 30911 AUTHORIZED REPRESENTATIVE ~~~~~-
Mark Jaynes CSP/lINDAM ,
ACORD 25-5 (7/97)
@ACORDCORPORATION 1988
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KEMP DRIVE SANITARY SEWER IMPROVEMENTS - RAE'S CREEK - POCKET
AUGUSTA UTILITIES DEPARTMENT - AUGUSTA, GEORGIA
TABLE OF CONTENTS
SECTION
DESCRIPTION
# PAGES
CONTRACT DOCUMENTS
AFB
ITB
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BB
A
PFB
PYB
NOA
NTP
GC
SC
Advertisement for Bids .......................... 1
Instruction to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Proposal ...................................... 2
Bid Bond ..................................... 2
Agreement .................................... 3
Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Payment Bond ..,.............................. 3
Notice of A ward . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. 1
Notice to Proceed. . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 1
General Conditions ......,..................,.. 57
Special Conditions . . , . . . . , . . , . . . . . . . . . , . . . . . , . .. I
TECHNICAL SPECIFICATIONS
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TSI
TS2
TS3
TS4
TS5
TS6
TS7
TS8
TS9
Table of Contents , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clearing and Grubbing. . . . . . . . . . , . . . . . . . . . . . . . . .. 2
Excavation, Trenching & Backfilling ............... 8
Sanitary Sewers and Appurtenances ............... 11
Storm Sewers and Appurtenances .................. 9
Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Water Distribution .. . . . . . . . . . . . . . . . . . . . . . . . . . .. II
Bituminous Paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Flowable Fill .................................. 2
Finish Grading and Grassing . . . . . . . . . . . . . . . . . . . . .. 2
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ADVERTISEMENT FOR BIDS
Sealed proposals will be received by the Augusta-Richmond County Commission of Augusta, Georgia, until 12:00
noon on , for furnishing all materials, tools, machinery, etc., necessary for
"Kemp Drive Sanitary Sewer Improvements", all in accordance with specifications of the City Engineer and
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Commissioner of Public Works.
Bids will be received on a unit price basis for the work in place with the low bid on all work being considered the
low bid.
Plans and specifications for bidding purposes may be obtained at the office of the City Engineer, 701 Municipal
Building, upon payment of Dollars ($ ) for each set of documents issued,
NONREFUNDABLE.
Bids must be accompanied by a Certified Check or Bid Bond in an amount equal to ten (10%) of the total bid
price. No bid may be withdrawn for a period of sixty days after closing time scheduled for receipt of bids.
Address all bids to Geri Sams, marking the envelope, "Kemp Drive Sanitary Sewer Improvements," City
Reference:
The Augusta-Richmond County Commission reserves the right to reject any or all bids.
Geri Sams
Purchasing Department
G05 Municipal Building
Augusta, GA 309 I I
Publish in the Augusta Chronicle
, 200 l.
AFB - Page I of I
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SECTION IB
INSTRUCTION TO BIDDERS
I IB-O I GENERAL
All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed
with the owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in
every respect as though filed in person and will be subject to the same requirements.
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IB-02
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Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any
proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period
of sixty (60) days after bids have been opened, pending the execution of contract with the successful
bidder.
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all other matters which can in
any way affect the work or the cost thereof under the contract. No oral agreement or conversation with
any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall
affect or modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRET A TrONS
No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any
bidder orally,
Every request for such interpretation should be in writing addressed to the Director of
and to be given consideration
must be received at least five days prior to the date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in the forn1 of written addenda to the
specifications which, if issued, will be sent by certified mail with return receipt requested to all
prospective bidders (at the respective addresses furnished for such purposes), not later than three days
prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda
so issued shall become part of the Contract Documents.
IB-04 PREP ARA TrON OF BIDS
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Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing the
bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on
all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the
words "no bid" where appropriate.
ITB - Page 1 of3
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SECTION IB
INSTRUCTION TO BIDDERS
Alternative bids will not be considered unless specifically called for.
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Telegraphic bids will not be considered, Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted
as such, and shall not reveal the total amount of either the original or revised bids.
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Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations
will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix
the corporate seal to the proposal.
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NOTE:A 10% Bid Bond is required in all cases.
IB-OS BASIS OF AWARD
The bids wilI be compared on the basis of unit prices, as extended, which wilI include and cover the
furnishing of all material and the performance of alIlabor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
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Where estimated quantities are included in cCliain items of the proposal, they are for the purpose of
comparing bids, While they are believed to be close approximations, they are not guaranteed, It is the
responsibility of the Contractor to check all items of construction. In case of error in extension of prices
in a proposal, unit bid prices shall govern.
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IB-06 BIDDER'S QUALIFICATIONS
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No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled
in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations
to be incurred in carrying out the work. He shalI submit with his proposal, sealed in a separate envelope,
a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications. The Owner
may make such investigations as are deemed necessary to determine the ability of the bidder to perforn1
the work and the bidder shall furnish to him all such additional information and data for this purpose as
may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder
or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein, Part of the evidence required
above shalI consist ofa list of the names and addresses of not less than five (5) firms or corporations for
which the bidder has done similar work,
fB-07
PERFORMANCE BOND
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At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the
purpose of such contract, conditional for the payment as they become due, of all just claims for such
work, tools, machinery, skilI and tern1s, for saving the Owner harmless from alI cost and charges that may
accrue on account of the doing of the work speci fied, and for compliance with the laws pertaining thereto.
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ITB - Page 2 of3
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SECTION IB
INSTRUCTION TO BIDDERS
Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do
business in the State of Georgia,
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy
of the power of attorney.
IE-OS REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to
reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to
be in the best interest of the Owner.
MINORITY AND ECONOMICALL Y DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority
and economically disadvantaged businesses in the contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firn1s. The bids will be evaluated based
on qualifications, price and construction time, With all other items being considered equal, the contract, if awarded
will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as
subcontractors on this project.
The bidders shall include with their bid a statement of qualification for themselves and/or any qualified
subcontractors explaining why they should be considered a minority or economically disadvantaged firm. I f the
firn1 does not fall into this category, no information is necessary.
ITB - Page 3 of3
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PROPOSAL
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KEMP DRIVE, RAE'S CREEK POCKET SANITARY SEWER I:MPROVEMENTS
AUGUSTA-RICHMOND COUNTY-
The Augusta-Richmond County Commission
Municipal Building
Augusta, GA 30911
Gentlemen:
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The undersigned, as bidder, herein referred to as singular and masculine, d~lares as follows:,
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1. The only parties interested in the proposal as principa~s are named herein;
2. He has care:fiY.ly examined and fully understands the Contract Documents, including the drawings
and technical specifications;
3. He understands that information relative to existing structures and underground utilities as furnished
to him on the drawings, the Contract Documents or by the City Engineer, caIJ.ies no guarantee
expressed or implied as to its completeness or accuracy and he has made due ,allowance therefore;
4. He has made a personal examination of the site of the proposed work and has satisfied himself as to
the actual conditions and requirements of the work;
and hereby proposes and agrees that if this, proposal is accepted, he will contract with the Augusta-
Richmond County Commission, Augusta, Georgia, to furnish all machinery, tools apparatus and other
means of construction and do all work and furnish all materials called for in accordance with the
requirements of the City Engineer and the true intent of the Contract Documents and that he will take in
full payment for each item of work thereot: the unit or lump sum price applicable to that as stated in the
schedule below.
(Note: Bidders must bid on each item).
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, PROPOSAL
KEMP DRIVE SANITARY SEWER IMPROVEMENTS
ADDENDUM 5 REVISED BID SCHEDULE
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lITEM NO.UDESCRJPTION' "UNIT, IjQUANTITY IIUNIT PRICE/ITOT AL I
1 SELECT BACKFILL (IN PLACE VOLUME WITH 7' MAx WIDTH) CY 5000 ,1!!- J:85 Co !!!!-
2 CONCRETE COLLAR EA 10 ,?(P7 ~ ,?"- -} s- ~
3 10" GRADED,AGGREGATE BASE INCLUDING 2" BINDER SY 2074 2D~ .;.~ (P~I '!!!:.
4 1.5" OVERLAY INCLUDING TACK COAT SY 11150 3 12- ./11-788 ~
5 MILLING 0-1S SY 11150 2?2. ZB (PS" S' !f!::.-
6 CURB AND GUTTER LF 558 10 -8!- 5"103 ~
7 sn DIP SANITARY SEWER PIPE 6' - S' DEPTH LF 1314 U~ 3303'3 ~
8 sn DIP SANITARY SEWER PIPE S' -10' DEPTH LF 1018 2B!!!- 2$ ~B 7 Ztl-
9 S" DIP SANITARY SewER PIPE 10' -15' DEPTH LF 335 33~ 11/3~ t!:t.
10 an PVC SANITARY SEWER PIPE 6' - S' DEPTH LF 336 lo~ ?G. 79 ~
11 S" PVC SANITARY SEWER PIPE S' -10' DEPTH LF 200 11!f2 3~ 14- ~
12 an PVC SANITARY SEWER PIPE 10' - 15' DEPTH LF 24 ~~ : 500 '!!!.
13 LATERAL SERVICE Cur- (SEE NOTE) LF 600 16" !!:-- 95' (P9-- ~
14 TRANSITION SANITARY SEWER LATERAL (see detail) EA 35 12.6;0 ~ #/1(, ~
15 STANDARD SANITARY SEWER LATERAL (see detail) EA 4 ~~ 17"18 ~
16 EXISTING SANITARY SEWER MANHOLE CONNECTION EA 3 /137 z.o 2.S1I~
17 SANITARY SEWER MANHOLE 6' DEEP, 4' DIAMETER EA 21 /13~ 25: 2.J 828 ~
18 SANITARY SEWER RISER, 2 FEET EA 30 170 l$:. 5//0 ~
19 UNCLASSIFIED EXCAVATION CY 110 z.~ 4-lo7 ~
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20 DRIVEWAY REPLACEMENT 6" THICK SY 20 ZB~ 5'? 2- ~
21, RIP RAP (CLASS B, STONE PLAIN) CY 200 40 cys- 8/~o 00
22 SILT FENCE (TYPE C) LF 600 4-l:!. 2~-zc, 00
23 FLOATING SILT RETENTION BARRIER LF 50 i~'~ S2.~ ~
24 SOD SY 600 &.2!. +038 ~
25 FLOWABLE FILL CY 50 5~~ 2782.. $0
26 AC WATER MAIN C'ROSSING EA 1 2!>"'"Zo ~, 2SZ-o ~
27 CLASS A CONCRETE Cy 30 I/o Z~ 330'/ ~
28 LUMP SUM CONSTRUCTION I LS 1 323~3 10 32.J<..3 ~
LUMP SUM CONSTRUCTION INCLUDES, BUT IS NOT UMITED TO:
-REWORK TIMBER RETAINING WALL !382. ~/O
-GRASSING I --r;;J.",../ B;d: /I
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-CLEARING AND GRUBBING
, -TRAFFIC CONTRL .4JcI~clv'-' ,/
-SOIL EROSION AND SEDIMENT CONTROL Rec.e,""eJ 'vo. i,
-CONSTRUCTION STAKING
-PROPERTY RESTORATION
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-LATERAL SERVICE CUT IS TO INCLUDE THE FOLLOWING:
ROAD SAW CUT, EXCAVATION, C~MPACTlON, 10" GAB AND 2" BINDER
THE LINEAR FOOT MEASUREMENT IS 3.5' FROM THE CENTER LINE OF THE SEWER MAIN TO THE CURBlASPHAL t EOG
THE CONTRACTOR IS ENSURE THE tRENCH WIDTH IS WIDE ENOUGH TO MEET AUD COMPACTION REQUIRE)'
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~.6,...;.tfed ?;: D/G.J~ C::::O".-h-vc-I-io>#' I :::z:;;.,,:., ; , /
{)tft~ Rrrh1t;~ ~... 4/17/0L'
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BID BOND
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Confonns with The American Institute of Architects, A.I.A.
Document No. A-31 0
KNOW ALL BY THESE PRESENTS, That we. Blair Construction, Inc., PO Box 770, Evans, GeorQia 30809
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as Principal, hereinafter called the Principal,
I and the National Fire Insurance Company of Hartford
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of CNA Plaza, Chicago, III 60685
, a corporation duly organized under
the laws of the State of
Connecticut
, as Surety, hereinafter called the Surety, are held and frrmly bounq unto
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Augusta-Richmond County Commission, 530 Greene St, Room 605, Augusta, Georgia 30911
as Obligee, hereinafter called the Obligee,
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in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Dollars ($10% of bid ) for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Kemp Drive Sanitary Sewer Improvements
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NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed'the penalty hereof between the amountspecified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
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Witness
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Signed and sealed this
4th
day of
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Witness
{ NaUonaJ Fire Insurance Company of Hartford
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1 S-0054/GEEF 12/00
FRP
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I Know All Men By These Presents, That CONTINENTAL CASUALlY .COMPANY, an Illinois corporation, NATIONAL FIRE
NSURANCE COMPANY OF ~TFORD, a Connecticut corporation. AME'QICAN CASUAllY COMPANY OF READING
PENNSYLVAN~, a PeMsylv~OIa corporation (herein collectively called "the CCC Surety Companies.), are duly organized and exlstln
rp~rauffionsedhhavlOeb9 thelrkePrlnClPal.office3 In the City ot Chicago, and State of Illinois, and that they do by virtue ot the signature and se~s
ereln a x er y ma . constitute and appoint ' , .
James D. Thaxton, Theodore J. Marek, Buck Lei h, G. A Weathersb ,lndividuaU
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ot Columbia, South Carolina
their true and la~1 Attomey(s)-in-Fad with full power and authority hereby conterred to sign, seal and execute tor and on their behalf
onds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
nd to bind them the~by as fully and to the same extent as it such Instruments were signed by a duly authorized officer of their corporations
nd all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney Is made and executed pursuant to and by authority ot the By-Laws and Resolutiomt, printed on the reve~e
lereot, duly adopted. as Indicated, by the Boards of Directors of the corporations. '
In Wlbtess Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1999
CONTINENTAL CASUAlTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
A1~:?~G'PENNSYLVANIA
I Marvin J. Cashion Group Vice President
State ot illinois. County of Cook, SS: -
On this 28th, day of October , 1999 I before m~personaf/y came
Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago. State ot Illinois: ~
Ithat he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described In and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
land acknowledges same to be the act and deed of said corporations.
:........................... >> ~
. .OFFlCIAL SEAL- :
: DIANE FAULKNER : ~.' (l, .
I : NotarY ~ MaUl of UlIno1a · ~
. My CoAnmIItIoot...... "'710' :
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Diane Faulkner
Notary Public
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My Commission expires September 17. 2001
CERTIFICATE
I I Mary A. Ribikawskls Assistant Secretary ot CONTINENTAL CASUALlY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is stiU in force, and further certify that the By-Law and ResoluUon ot the Board of Directors of each corporation printed on the
reverse hereof are stili In force. In testimony whereof I ~ave hereunto subscribed my name and affixed the seals of the
I said corporations this 4th day of April I ~. ,
CONTINENTAL CASUALlY COMPANY
'.~ ~}'J.' ' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
I fg ~ : AMERICAN CASUALlY COMPANY OF READING, PENNSYLVANIA
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CO SEAL _ "t: L(..
I 18111
Mary A. Ribilcawskis Assistant Secretary
ev. 1 011/97)
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AGREEMENT
THIS AGREEMENT, made on the ~day of J)( /2/-1 , 2002.,-by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA-RiCHMOND COUNTY COMMISSION, party of the
first part, hereinafter called the OWNER, and ~/r C.'>JIrIA(:h(j~. .:Inc. . ,party of the
second part, hereinafter called the CONTRACTOR. '
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as
follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary,
and to perform all of the work shown on the plans and described in the speci fications for the project entitled:
"KEMP DRIVE SANITARY SEWER IMPROVEMENTS - RAE'S CREEK _ POCKET"
and in accordance with the requirements and provisions of the Contract Documents as defined in the General and
Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
~, Sre....,
The work to be performed under this Contract shall be commenced within ~ calendar days after the
date of written notice by the Owner or the Contractor to proceed. All work shall be completed within ~
calendar days with all such extensions of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date
of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL
CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and
unintelTuptedly at such rate of progress as will ensure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the
work described herein is a reasonable time for completion of the same, taking into consideration the average
climatic range and construction conditions prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK.
WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration
for the awarding of this contract, to pay the Owner the sum of 7Y>!J' /'''Nd~'' M~ ,g",J. "Pl..,
($ 2S0' ~ )Dollars, not as a penalty, but as liquidated damages for such breac of contract as hereinafter
set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the
Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such
event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the
completion of any work, the new time limit fixed by extension shall be the essence of this contract.
A - Page I of 3
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ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the
Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications
attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an
estimate covering the percentage of the total amount of the Contract which has been completed from the start of the
job up to and including the last working day of the preceding month, together with such supporting evidence as
may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at
the unit prices as set forth in the Bid Schedule.
On the vendor run following approval of the invoice for payment, the Owner shall after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The
10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the
Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall
within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract
fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by
this Contract has been completed and is accepted by him under the tenl1S and conditions thereof, and the entire
balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the
Owner within 15 days after the date of said final certificate.
(B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such
payment has not already been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner,
other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment,
from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all
claims by the Contractor except those previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the
Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Each payment shall be made under the terms and conditions governing final payment, except that it shall
not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each
of which shall be deemed an original, in the year and day first mentioned above.
(SEAL)
By:
(
(SEAL)
_Al1E~T:
'1rLAA 'in J~~
Secretary
,.
---p>;e ~~ -::O~
Witness
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CONTRACTOR: b/a..,;- t:::.nf./-rvc/''o"'7. :::Z;;c,
"
By As~f ~~:~ /
Address: ~o. "&,')(. 7") C>
&~~ ~""'9/~ 3'DgD"!
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AlA Document A312
Performance Bond
929229274
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Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where
CONTRACTOR (Name and Address):
Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
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OWNER (Name and Address):
Augusta-Richmond County Commission, 530 Greene St.
Municipal Building, Room 605, Augusta, Georgia 30911
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SURETY (Name and Principal Place of Business):
National Fire Insurance Company of Hartford
CNA Plaza, Chicago, Illinois 60685
CONSTRUCTION CONTRACT
Date;
Amount: Three Hundred Eighty-Two Thousand Six Hundred Seventy and 10/1 OOs ($382,670,10)
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Description (Name and Location): Kemp Drive Sanitary Sewer Improvements
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BOND
Date (Not earlier than Construction Contract Date):
Amount: Three Hundred Eighty-Two Thousand Six Hundred Seventy and 10/100s ($382,670.10)
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Modifications to this Bond:
I CONTRAcTOR AS PRINCIPAL
Company: Blair Construction, Inc.
(Corporate Seal)
I Signature; ;6'LnJA.' i. //;~:
Name and Title: 6/0...:.- L.. M~~"r I ""c.e fh;.);de..+-
I (Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: Thaxton Insurance Group, PO Box
24167, Columbia, SC 29224-4167 TEL: 803/736-2911
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1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
I for the performance of the Construction Contract, which is incorporated
herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and
the Contractor shall have no obligation under this Bond, except to
I participate in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
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3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner. the Contractor
and the Surety agree, the Contractor shall be allowed a reasonable time
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SURETY 5026 (6-92)
I S.18521GEEF 1 0/99
CiS by~ &.131 ~k.~ resident agent
Page 1 of 2
D None
D See Page 2
SURETY
Company; National Fire Insurance Company of (Corporate Seal)
Hartford
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Signature; ~"'" L4yt ,
Name and Title; Buck Leig ,Attorney-in-Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party); PM&A Consulting Engineers, Inc., 609 Broad St., Augusta, GA
30901
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to comptete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
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4.1 Arrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors .
acceptable 10 the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner resulting from
the Contractor's default; or
4.4 Wa!ve its right 10 perform an~ complete, arrange for completion,
or obtain a new contractor and With reasonable promptness under the
circumstances:
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After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is determined, tender payment therefor
to the Owner; or
Deny liability in whole or in part and notify the Owner
citing reasons therefor.
15 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
I available to the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment tendered or the
Surety has denied liability, in whole or in part, without further notice the
Owner shall be entitled to enforce any remedy available to the Owner.
16 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
I Contract, and the responsibilities of the Owner 10 the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
I 6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
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I MODI FICA TrONS TO THIS BOND ARE AS FOLLOWS:
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7 The Surety shall not be liable to the Owner or others for obligations
of the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on a~count of
any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs executors
administrators or successors. "
~ The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts purchase
orders and olher obligations. '
~. ~ny proceeding, legal or equitable, under this Bond may be
instituted In any court of competent jurisdiction in the location in which
the work or part of the work is located and shall be instituted within two
years after Contractor Default or within two years after the Contractor
ceased w?rking. or ,within two y~ars after the Surety refuses or fails to
perform Its obhgal1ons under thiS Bond, whichever occurs first. If the
proyisions .of.lhi.s Parag.raph are void. or prohibited by law, the minimum
penod of hmlla110n available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this. Bond h~s been fur!1ished to comply with a statutory or
other legal requirement In the location where the construction was 10 be
performed,. any provision in this Bond conflicting with said statutory or
legal re9U1rement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price; The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlemc:nt of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3 Contractor Default; Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to
comply with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the othc:r terms thereof.
I (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
I Company: (Corporate Seal) Company;
Signature: Signature:
I Name and Title: Name and Title: Buck Leigh, Attorney-in-Fact
Address: Address:
.c~ 'A,?J"''''''' 10199
._ 'W~_~~.
Page 2 of 2
(Corporate Seal)
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AlA Document A312
929 224 274
Payment
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
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CONTRACTOR (Name and Address):
Blair Construction, Inc" PO Box 770, Evans, Georgia 30809
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OWNER (Name and Address):
Augusta-Richmond County Commission, 530 Greene St., Room 605,
Municipal Building, Augusta, Georgia 30911
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Bond
SURETY (Name and Principal Place of Business):
National Fire Insurance Company of Hartford
CNA Plaza, Chicago, Illinois 60685
CONSTRUCTION CONTRACT
Date:
Amount: Three Hundred Eighty-Two Thousand Six Hundred Seventy and 10/100s ($382,670.10)
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Description (Name and Location): Kemp Drive Sanitary Sewer Improvements
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BOND
Date( Not earlier than Construction Contract Date):
AmOtglt: Th~ee Hundred Eighty-Two Thousand Six Hundred Seventy and 10/1 OOs ($382,670.10)
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~Modifications to this Bond:
I CONTRACTOR AS PRINCIPAL
Company:~' .BlairConstruction, Inc.
(Corporate Seal)
I Signature: .~M~ L /1;~
Name and Title: 81.,.....- L. M...+i-e.r ( .ce P,."~~d,,,~+
I (Any additional signatures appear on page 2.)
(FOR INFORMA TION ONLY - Name, Address and
Telephone) AGENT or BROKER: Thaxton Insurance Group, PO Box
I 24167, Columbia, SC 29224-4167 TEL: 803/736-2911
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
I to pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall be null and void if the
I Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
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2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is
no Owner Default.
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I SURETY 5026 (&-92)
S-1853/GEEF 3100
Page 1 of 2
o None
o See Page 2
SURETY
Company: National Fire Insurance Company of (Corporate Seal)
Hartford
,
Signature: ~("~ t4tf(" . '
Name and Title: Buck Leigh, orney-m..Fcct
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party): PM&A Consulting Engineers, Inc., 609 Broad St., Augusta, GA
30911
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the
party to whom the materials were furnished or supplied or
for whom the labor was done or performed; and
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.2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
1 5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
1 actions:
6.1
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Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond,
I and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
I Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and the
Owner accepting this Bond, they agree that all funds earned by the
Contractor in the performance of the Construction Contract are dedicated
1 to satisfy obligations of the Contractor and the Surety under this Bond,
subject to the Owner's priority to use the funds for the completion of the
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
1 Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
110 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
1 other than in a court of competent jurisdiction in the location in which
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1 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or
service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichever of (I) or
(2) first occurs. If the provisions of this Paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items
for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
1 (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
I Company: (Corporate Seal) Company:
Signature:
I Name and Title:
Address:
1 5-1 BS3IGEEF 3/00
Page 2 012
(Corporate Seal)
Signature:
Name and Title: Buck Leigh, Attorney-in-Fact
Address:
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I Know All Men By These Presents, That CONTI~ENTAL CASUALTY 'COMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF H~RTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING
PENNS:LVANI~, a Pe~ns~lv~",a corporation (herein collectively called "the eee Surety Companies"), are dul or anized and exlstln
IChorp?ratffilonsdhhavlngb thelrkPnnclPal.offices in the ?ity of Chicago, and State of Illinois, and that they do by virtue ~f t';e signature and se~ls
ereln a Ixe ere y ma e, constitute and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually
and to bind them the~ebY as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorn~y ~s made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
Ihereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1999
I Marvin J. Cashion Group Vice President
State of Illinois, County of Cook, ss: "
On this 28th day of October , 1999 ,before mEtpersonaUy came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago. State of Illinois:
Ithat he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
land acknowledges same to be the act and deed of said corporations.
:..........................:
. · OFFICIAL SEAL. :
: DIANE FAULKNER :
I : NoWY ~ lYte of Ullnola ·
. My~ ExpIIee i/17101 :
I...........................
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CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Af;;;;L7~;:G' PENNSYLVANIA
..
>>~ \:-~
My Commission Expires September 17, 2001
Diane Faulkner
Notary Public
CERTIFICATE
~a
I I, Mary A. Rlbikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
Isaid corporations this day of -
CONTINENTAL CASUALTY COMPANY
C,\,SlL1(,)' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
lig~
i · ~
l6 SEAI..,~
I 18111
Rev.10/1/97)
Mary A. Ribikawskis
Assistant Secretary
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Authorizing By-Laws and Resolutions
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ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly a:Jopted by the Board of
Directors of the Company.
"Article rX--Executlon of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution' of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority
previously given to any attorney-in-fact."
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
!.:')i' "ctors of the Company at a meeting duly called and held on the 17th day of February, 1993. .
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and bInding on the Company..
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This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
{')irl>ctors of the Company.
"Article V\--Executlon of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-In-fact to act in behalf of the Company in the
execution of'Jlolicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-In-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive. Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact:
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
[ I ,~ctors of the Company at a meeting duly called and held on the 17th day of February. 1993. '
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A["JPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
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"Resolved, that the signature of the President or any Executive, SenIor or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company..
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AD ~Ii"~ EO BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
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This Power of Atto,:"ey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:. That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from
time to time, ap~ornt. by written ce.rtificates, Attorneys-in-~act to act In behalf of the Corporation in the execution of policies of insurance.
bonds, ~ndert~klngs and other ~bhgatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their
respective certificates of authonty, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach t~e seal of the Corpo~atlon thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact:
. This Power of Attorney is signed and s,ealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President. an Executive Vice President or any Senior or Group Vice President and the seal
o~ the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of '
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal ofthe Corporation may be
affi?Ced by fa~imlle to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and bInding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed. shall
with respect to any bond or undertaking to which it is attached, contmue to be valid and binding on the Corporation:
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NOTICE OF A WARD
DATE: 05/14/2002
CONTRACTOR: Blair Construction Company
ADDRESS: P.O. Box 770
Evans'
City
GA
State
30809
Zip Code
,RE: Auqusta CIP - Proiect 50040 Kemp Drive Sanitary Sewer
PROJECT:
50040 - Kemp Drive
PROJECT NO: 50040
At a meeting of the Augusta-Richmond County Commission
you were awarded the Contract for the following Project:
held on (Date) 05/07/2002
50040 - Kemp Drive Sanitary Sewer
Enclosed please find 5'
copies of the Contract Documents for your execution. Please complete the
pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office within
10 days from the date ,of this letter, excluding Sundays and Legal Holidays.
The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
Very truly yours,
CH2M HILL, Inc.
~--f
/I7)Il7Y u(J1
{1.4}
REV 10/95 FORM 266
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NOTICE OF AWARD
TO:
PROJECT: KEMP DRIVE SANITARY SEWER IMPROVEMENTS
AUGUSTA-RICHMOND COUNTY, GEORGIA
AUGUSTA 2000 CIP PROJECT NO.: 050040
The OWNER has considered the BID submitted by you for the above described WORK in response to its
Advertisement for Bids and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of
Dollars ($ ).
You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's
Performance and Payment Bonds within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice,
said OWNER will be entitled to consider all rights arising out of the OWNER's acceptance of your BID as
abandoned and as forfeiture of your Bid Bond. The OWNER 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 O\\TNER.
Dated this
day of
,20_.
AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS
BY
TITLE
* * * ACCEPTANCE OF NOTICE * * *
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
D/a,;"..
c:;,~~-+/VG- 1-, '0 #<'7 ::Z:;;C ,
,/
this the
21 .!..7:
, 20 0 2-
BY
~M-,.l_ IJ)~; /
/Ylc:-v
I
day of
TITLE
V,ce PreSldeL--w+
NOA Page 1 of 1
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NOTICE TO PROCEED
TO:
DATE:
PROJECT: KEMP DRIVE SANITARY SEWER IMPROVEMENTS
AUGUSTA-RICHMOND COUNTY, GEORGIA
AUGUSTA 2000 CIP PROJECT NO.: 050040
You are hereby notified to commence work in accordance with the Agreement dated
, 20_, on or before
,20_, and you are to complete the
WORK within _ consecutive calendar days thereinafter. The date of completion of all WORK is
therefore
,20_.
AUGUST A-R1CHMOND COUNTY BOARD OF COMMISSIONERS
BY
TITLE
* * * ACCEPTANCE OF NOTICE * * *
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the
day of
,20
BY
TITLE
NTP Page 1 of 1
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Septe~r 19. 2000
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions of clarifications of the Contract Documents which have been duly issued by
COUNTY to prospective Bidders prior to the time of opening of Bids,
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be
performed: other Contract Documents are attached to the Agreement and made a part thereof as provided
therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the
Work to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents,
Change Order--A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation
submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these
General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same
are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change
Order duly delivered after execution of Contract. together with all amendments, modifications and
supplements issued pursuant to paragraphs 3.4 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9,1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia,
the Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
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Septeltl.ber 19, 2000
legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged
prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents,
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if
no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta,
Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time,
General Requirements-Sections of Division I of the Specifications.
Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes andlor orders,
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the
time specified, OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related
purpose) before reaching Substantial Completion for all the Work.
Professionaf- The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design andlor resident engineer services for the Work.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements contemplated to
be constructed in whole or in part under this Contract.
Project Manager-The profeSSional in charge, serving COUNTY with architectural or engineering services, his
successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or
having in charge the work embraced in this Contract.
Resident Project Representative- The authorized representative of PROFESSIONAL who is assigned to the
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Sept<E:CDber 19, 2000
site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically
prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures,
standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier
and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other SUBCONTRACTOR for the performance of a part of the Work at the site,
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued,
when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions,
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor,
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems or water.
Unit Price Work-Work to be paid for on the basis of unit prices,
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and fumishing documents, all as
required by the Contract Documents.
Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion
or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is
to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22, A Work
Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties
expect that the change directed or documented by a Work Directive Change will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-
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SeptelJU"...o)[ 19, 2000
engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents.
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S.pt~m.ber 19. 2000
ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to
Proceed may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4, CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences, Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare
the Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for
review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6,2. a preliminary schedule of Shop Drawing and Sample submissions: and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate
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Septo.mbec 19. 2000
amount of overhead and profit applicable to each item of Work which will be confirmed in writing by
CONTRACTOR at the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of
each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project
Manager, Professional and others as appropriate will be held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling Shop
Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment a conference attended
by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize
the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to
Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be
acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to
completion within any specified Milestones and the Contract Time, but such acc~ptance will neither impose
on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with
or relieve CONTRACTOR from full responsibility therefor, The finalized schedule of Shop Drawing
submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable
arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be
approved by PROFESSIONAL as to form and substance,
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work, Schedule updates shall accompany each pay request.
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SeptembQc 19. 2000
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding
as if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia.
3.2, It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for. When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual,
code or instruction (whether or not specifically incorporated by reference in the Contract Documents)and the
provisions of any such Laws or Regulations application to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation). Clarifications and interpretations of the Contract Documents shall be issued by
PROFESSIONAL as provided in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents,
3,5, If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in
the Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
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Sept~lllOOr 19, 2000
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition. the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
3.7.1. a Field Order (pursuant to paragraph 9,5),
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6,24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4),
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or
acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies
oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and
they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on
extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and
specific written verification or adaptation by PROFESSIONAL.
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Septe~[" 19. 2000
ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailability of Lands:
4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Wort< is
to be performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for
identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site
that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) that have been utilized in preparing the Contract Documents,
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including,
but not limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface
or otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if
they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an
equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and
PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated
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in the Contract Documents or are not materially different from those ordinarily found and that no change in
the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the detennination in
writing. The Work shall be performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
fumished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such infonnation or data: and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR
shall have full responsibility for reviewing and checking all such information and data. for locating all
Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work with the
OWNERs of such Underground Facilities during construction. for the safety and protection thereof as
provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of
which will be considered as having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work affected thereby except in an emergency as pennitted by paragraph
6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to
determine he extent to which the Contract Documents should be modified to reflect and document the conse-
quences of the existence of the Underground Facility, and the Contract Documents will be amended or
supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety
and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed
an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are
attributable to the existence of any Underground Facility that was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the
parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor
as provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which
in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR,
Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any, CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such affected area until after OWNER has obtained
any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that
such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii)
specifying any special conditions under which such Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which
Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in
Articles 11 and 12.
4,7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such
hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR
cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or
Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor
as provided in Articles 11 and 12. COUNTY may have such deleted portion of the Work performed by
COUNTY's own forces or others in accordance with Article 8,
4.7,1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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S.ptember 19, 2000
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date
when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All
bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in
the Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be
performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed
by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
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CONTRACTOR's employees;
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person
other than CONTRACTOR's employees;
5,3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by
any person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3,5, Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle,
The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less
than the limits of liability and coverages provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance, All of the policies of insurance so required to be purchased and maintained lot the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given
to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain
in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13,12, In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one veal thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5,3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
Owner's Liability Insurance:
5.5. OWNER shalf be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5,6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
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PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as inSUreds or additional insured parties, shall insure against the perils of fire and extended
coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and
malicious miSellief, collapse and water damage, and'suell other perils as may be provided in the
Supplementary Conditions, and shall include damages, losses and expenses arising oul of or resulling from
any insured loss or incurred in the repair or replacement of any insured property (including but not limited to
fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If not COvered
under the "all risk" insurance or otherwise provided in the SUPPlementary Conditions, CONTRACTOR shall
pUrchase and maintain similar property insurance on Portions of the Work stored on and off the site or in
transit when such portions of the Work are to be included in an Application for Payment.
Septentb&r 19, 2000
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional
property insurance as may be required by the Supplementary Conditions or laws and Regulations which will
inctude the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND
PROFESSIONAL's consuftants in the Work, all of whom shall be listed as insured or additional insured
parties.
5.8. All the policies of insurance (or the certificates or other evidence thereoQ required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a Provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused unlil
at least thirty days prior wriften notice has been given to CONTRACTOR by certified mail and will contain
waiver Provisions in accordance with paragraph of 5. 11.2,
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount,
will be borne by CO NTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense,
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if Possible, include such insurance, and the cost thereof will be eIlarged to
CONTRACTOR by appropriate Change Order or Wrillen Amendment. Prior to commencement of the WOrk at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWN ER and CONTRACTOR waive all rights against eaell other for all losses and damages
caused by any of the perils covered by the poliCies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all suell rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such Policies for losses and damages so caused. As required by paragraph 6.11. each subcontract belween
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consuftants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6
and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages
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Septembf,[ 19, 2000
caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the
parties named as insureds additional insureds, and if the insurers require separate waiver fonns to be signed
by PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiverfonns
are required of any Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13, OWNER shall
deposit in a separate account any money so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If required in willing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5,3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance
with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional infonnation
in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents,
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
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policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and
expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided
that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting
therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor,
anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable,
whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified
hereunder.
5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3, CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or
indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including
attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all
such claims in connection with any alleged infringement of such rights.
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September 19, 2000
ARTICLE 6--CONTRACTOR'S RESPONSIBiliTIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be
responsible for the negligence of others in the design or specification of a specific means, method,
technique, sequence or procedure of construction which is shown or indicated in and expressly required by
the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies
accurately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall
be as binding as if given to CONTRACTOR.
Labor. Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons
or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will
not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without
OWNER's written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery" tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall fumish satisfactory, evidence
including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of
PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 9.14 or 9,15,
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
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Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the
material or equipment proposed is equivalent or equal to that named. The procedure for review by
PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for
review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone
other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof,
certifying that the proposed substitute will perform adequately the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the same use as
that specified. The application will state that the evaluation and acceptance of the proposed substitute will
not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of
the substitute for use in the Work will require a change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the
proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is
subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified
will be identified in the application and available maintenance, repair and replacement service will be indi-
cated, The application will also contain an itemized estimate of all costs that will result directly or indirectly
from acceptance of such substitute, including costs of redesign and claims of other contractors affected by
the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed
substitute, PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional
data about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents, The procedure for review by PROFESSIONAL will be
similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in
the General Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL
will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
Whether or not PROFESSIONAL accepts a proposed substitute. CONTRACTOR shall reimburse OWNER
for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed
substitute.
Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
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(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2). whether
initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection,
6.8,2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment} to be submitted to OWNER in advance of the specified date prior to the Effective Date of the
Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance
(either in writing or by falling to make written objection thereto by the date indicated for acceptance or objec-
tion In the bidding documents or the Contract Documents} of any such Subcontractor, Supplier or other
person or organization so identified may be revoked on the basis of reasonable objection after due
Investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be
increased by the difference ,n the cost occasioned by such substitution and an appropriate Change Order
will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such
Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or
PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing orfumishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions, Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6,10. The divisions and sections of the Specifications and the identifications of any Drawings shall
not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work
to be performed by any specific trade,
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor
a just share of any insurance moneys received by CONTRACTOR on account of losses under pOliCies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the
use in the performance of the Work or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall
Indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by
either of them from and against all claims, damages, losses and expenses including attorneys' fees and court
and arbitration costs arising out of any Infringement of patent rights or copyrights Incident to the use In the
performance or the Work or resulting from the incorporation in the Work of any invention, design, process,
product or device not specified In the Contract Documents, and shall defend all such claims in connection
with any alleged infringement of such rights.
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September 19. 2000
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges
and inspection fees, and all public utility charges which are applicable and necessary for the execution of the
Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by
OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be
considered for time extensions only and no damages or additional compensation for delay will be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes
shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows
or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice
to the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable
during the performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-Of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from
the performance of the Worle Should any claim be made against OWNER or PROFESSIONAL by any such
owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR
shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and
against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONAls,
architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the
extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the
completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
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September 19. 2000
condition all property not designated for alteration by the Contract Documents.
6.18. CONTRAcrOR shall not load nor permit any part of any Structure to be loaded in any manner
that will endanger the structure, nor shall CONTRAcrOR subject any pan of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRAcrOR shall be responsible for initiating, maintaining and Supervising all safety
precautions and programs in connection with the Work. CONTRAcrOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRAcrOR has transferred the title of the stored
eqUipment or materials to OWNER. CONTRAcrOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or joss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected
thereby:
6.20.2. all the Work and materials and eqUipment to be incorporated therein, whether in storage on
Or off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for
the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. CONTRAcrOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall COOperate with them in the protection, removal, relocation and replacement of their property,
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRAcrOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly emplOYed by any of them to perform or furnish any the Work or anyone for
whose acts any of them may be liable, shall be remedied by CONTRAcrOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRAcrOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and
CONTRAcrOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided In connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be
the prevention of accidents at the site. This person shall be CONTRAcrOR's Superintendent unless otherwise
designated in Writing by CONTRACTOR to the Project Manager.
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Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change In the Contract Documents is required because of the action taken In response to an emergency, a
Work Directive Change or Change Order be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal
injuries to any person on the Site, whether or not such person was engaged in the construction of the
Project, and shall file a written report on such person(s) and any other event resulting in property damage of
any amount within five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents Is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown
on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other
information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each
submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample
may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff.
Any delays associated with the submittal process will be considered for time extensions only, and no damages
or additional compensation for delay will be allowed.
6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have detennined and
verified all quantities, dimensions, specified performance criteria, Installation requirements, materials, catalog
numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample
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September 19. 2000
with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRACfOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
6.27. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept in good order by CONTRACfOR at the site and shall be available to PROFESSIONAL and Project
Managery staff. Any delays associated with the submittal process will be considered for time extensions only,
and no damages or additional compensation for delay will be allowed.
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACfOR from
responsibility for any variation from the requirements of the Contract Documents unless COr-ITRACfOR has in
writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project
Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACfOR from responsibility for errors or omissions in the submittals.
6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense
and responsibility of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any diSputes or
disagreements, except as permitted by paragraph 15.6 or as CO NTRACfO R and OWNER may otherwise agree
in wilting.
Cleaning Up:
6.31. CONTRACfOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACfOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACfOR's failure to maintain
the site may result in withholding of any amounts due CONTRACfOR. CONTRACfOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
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Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all
claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and
charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or
expense (a)is attributable to t:xx:Iily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole
or in pan by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization under workers' or workmen's compensation acts.
disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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$l)ptelD..OOr 19, 2000
ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and,
if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees)proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct
contracts between OWNER and such utility owners and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site,
the person or organization who will have authority and responsibility for coordination of the activities among
the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to
be covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSIBILmES
8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all
communications to CONTRACTOR through the Project Manager or PROFESSIONAl.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.u
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's
efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work
will conform to the Contract Documents. On the basis of such visits and on-site observations as an
experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OWNER informed of the progress
of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may
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make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes
to be defective, and will also have authority to require special inspection or testing of the Work as provided in
paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc.,
see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary
determinations on such matters before rendering a whiten decision thereon (by recommendation of an
Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER
or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to
the performance and furnishing of the Work and claims under Articles 11 and 12 In respect of changes m the
Contract Price or Contract lime will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time, Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days
after the occurrence of the event giving rise thereto, and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an
additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in goad faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a
.
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condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim,
dispute or other matter.
Limitations on PROFESSIONAL 's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents, nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10uCHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order
additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a
proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall
promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If
the proposal request calls only for the deletion of Work, the Project Manager may order the partial
suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease
performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All
changed Work shall be executed under the applicable conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 7. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an
emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time
or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL
and CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 11.1.3, OWNER may, at its sole discretion issue
a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with
Section 12.1.3. The Work Directive Change will specify a price, and if applicable a time extension,
determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change,
CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall
nevertheless be obligated to fully perform the work as directed by the Construction Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
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ARTICLE tt-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence
(unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the
claim and shall be accompanied by claimant's written statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of
said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No
claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and acknowledge
that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
Quantities of items involved as measured in the field and required to complete the Work as originally defined
in the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as
defined in these Contract Documents is required and affects the Quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the Quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change In Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree
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on a price for the changed work, a reasonable price for the same shall be established by OWNER in
accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said
reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in
the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional
costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all
at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make
payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds
and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall
make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determine, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the
same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
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11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof---all in accordance with terms of said rental agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6). provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made with the written
consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the
Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established
by OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
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personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
for general administration of the Work and not specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to
be considered administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon.
11.6.2. a fee based on the following percentages of the various portions or' the Cost of the Work:
11.6.2.1. for costs Incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4,11.4.5 and
11.3:
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the net decrease: and
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11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, Inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the next change,
whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours
required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment
hours and rate for each piece of equipment, material by units of measure and price per unit, other costs
specifically itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL,
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will
be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
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11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is
no corresponding adjustment with respect to any other item of Work and If CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 jf the partes are unable to agree as to the amount
of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed ,by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within
seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data
will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such
occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for
adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly
indicate why the subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the
performance, progress, commencement or completion of the Work for any cause whatsoever, including those
for which OWN ER or PROFESSIONAL may be responSible in whole or in part, shall relieve CONTRACTOR of its
duty to perform or give rise to any right to damages or additional compensation from OWNER.
CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency,
suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in
accordance with the procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAl. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation oft:he
Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone
other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other
inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American
Society for Testing and Materials or such other applicable organizations as may be required by law or the
Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the
direction of PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR
(or by PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is
covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be
uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has
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given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has
not acted with reasonable promptness in response to such notice.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover,
expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require,
that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, exp0-
sure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees
and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be
entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to
be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
Owner May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or
equipment, or jf CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and
as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed,
or remove It from the site and replace it with non defective Work. If CONTRACTOR does not correct such
defective Work or remove and replace such defective Work within a reasonable time, all as specified in a
written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and Indirect costs
of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR.
CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed
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or damaged by the correction, removal, or replacement of the defective Work.
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One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non-
defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may
have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys
and other PROFESSIONAls) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of
PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If any such acceptance occurs prior to
PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an
appropriate decrease in the Contract Price, and, if the panics are unable to agree as to the amount thereof.
OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct and to correct defective Work or to remove and replace rejected Work as required by
PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in
accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the
Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any
such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed
expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude
CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the
site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to
enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER In exercising such rights and remedies will be charged against CONTRACTOR In
an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall
be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the
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amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, Indirect and
consequential costs will include but not be limited to fees and charges of PROFESSIONAls, architects,
attorneys and other PROFESSIONAls, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the Contract lime because of any delay in performance of
the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
Neglected War*' by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specific corrective actions including, but not limited to, employing additional workmen,
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
the Work back on schedule. If CONTRACTOR falls to correct the deficiency or take appropriate corrective
action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and
have the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident PROFESSIONAls shall be
identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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September 19, 2000
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule 0' Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application 'or progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment
(but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of
the application and accompanied by such supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER
has received the materials and equipment free and clear of all liens and evidence that the materials and
equipment are covered by appropriate property insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%)
retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF-
ESSIONAL's review of the Application for Payment and the accompanying data and schedules that the Work
has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and
belief, the quality' of the Work is In accordance with the Contract Documents subject to an evaluation of the
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September 19, 2000
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.10. and to any other qualifications stated in the recommendationtV: and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Uens have been filed in connection with the Work or there are other items entitling OWNER to a set-off
against the amount recommended, but OWNER must give CONTRACTOR Immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for Its intended use CONTRACTOR shall
notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of
Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL
shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con-
sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and
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Sept.emb4r 19. 2000
deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days after; receipt of the tentative certificate during which to
make written objection to PROFESSIONAL as to any proviSions of the certificate or attached list. If, after
considering such objections. PROFESSIONAL concludes that the Work is not substantially complete,
PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons, therefor. If, after consideration of OWNER's objections,
PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days
execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and
CONTRACTOR a written recommendation as to division of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance
and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL
prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore-
said recommendation will be binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following.
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is
substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that
part of the Work. CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspec-
tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that
part of the Work to be substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in
writing giving the reasons therefor. If PROFESSIONAL considers that part o(the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
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September 19, 2000
operation of any such part of the Work although it is not substantially complete. A copy of such request will
be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and
will prepare a list of the items remaining to be completed or corrected thereon before final payment. If
CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not
ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or
corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as
to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the
Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such
operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on said list and to complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is
complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defidencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL
and OWNER and delivered in accordance with the Contract Documents all maintenance and operating
instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2,
certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the
surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to
OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of
liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (I) the releases and receipts include all labor, services, material and equipment for which a
lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt In full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
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documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to perform the work
required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection, and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate
in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL
will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment
and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL,
nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR
under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor
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any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or
sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph
14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents (except as provided in paragraph 14.16).
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September 19. 2000
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CO NTRAcrOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRAcrOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRAcrOR against OWNER other than those previously made in
writing and still unsettled.
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Septombec 19, 2000
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in wilting to CONTRACTOR and PROFESSIONAL which will fix
the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided
in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(TItle 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at such time
relating to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of such
property for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
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Septettber 19, 2000
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees
and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination For Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may,
without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract.
In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not
affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue.
Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from
liability.
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September 19, 2000
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one
days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven
working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed
for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such
amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to
preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or
Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work
as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. Alf disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alfeged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state
the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope.
In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within
the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by
registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising
out of, or relating to, the Contract Documents or the breach thereof shalf be decided under Georgia Law in
the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have been validly given if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be
computed to exclude the first and include the last day of such period. If the last day of any such period falls
on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any
error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32,13.1,13.12,13.14,14.3 and lS.2and all of
the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not
to be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract Documents will
survive final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right
to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during
the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall
be conducted only during normal business hours. OWNER, during this period of time, shall also have the
right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns
the aforesaid records and supporting documentation.
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September 19. 2000
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are Inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those Indicated or required in the
contract documents without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an
emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite.
Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance, if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference) .
3. Maintain a chronicle of releveant information regarding the incident including specific actions
taken by the CONTRACTOR and estimates of the discharge volume.
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Se~tem.J:..er 19, 2000
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the
-_._., ,~~, ~'_~"_', -~, ,.~ ,~" '~_~'__~-"_" the CONTRACTOR is not responding to an emergency situation in an
appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation.
The cost of these actions will be the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream Inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 2822 Central Avenue, Augusta, GA
30909.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any
way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do
not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction
Contract Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction
documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER
neither guarantees the performance of the construction contractor(s) nor assumes responsibility for
construction contractor's failure to perform work In accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the
construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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SPECIAL CONDITIONS
KEMP DRIVE, RAE'S CREEK POCKET SANITARY SEWER IMPROVEMENTS
AUGUSTA-RICHMOND COUNTY
When events such as the Masters Golf Toumament occur during the life of the project, the contractor,
owner and public works inspector shall make proper arrangements to avoid any activities in, or adjacent
to, the roadway that would interfere with maximum traffic activities during such events.
Such arrangements may include removing all obstructions, equipment, temporary traffic control devices,
personnel, etc. from the travel and sidewalk areas. Such arrangements may include halting all activities
except any emergency, or otherwise necessary, traffic control.
In the event that the contractor is deprived of accomplishing meaningful work on the project during such
periods, consideration will be given to additional contract time commensurate with the lost time.
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KEMP DRIVE SANITARY SEWER IMPROVEMENTS
TECHNICAL SPECIFICATIONS
INDEX
SECTION DESCRIPTION PAGES
01 Clearing and Grubbing 02
02 Excavation, Trenching and Backfilling 08
03 Sanitary Sewers and Appurtenances 11
04 Storm Sewers and Appurtenances 09
05 Concrete 01
06 Water Distribution 11
07 Bituminous Paving 03
08 Flowable Fill 02
09 Finish Grading and Grassing 02
TS - Table of Contents
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03
04
TECHNICAL SPECIFICATIONS
01
CLEARING AND GRUBBING
01
SCOPE
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment, materials and appliances and in performing all operations in connection with the
clearing and grubbing in strict accordance with this section of the specifications and the
applicable drawings and subject to the terms and conditions of this Contract.
02
CLEARING
Clearing shall consist of the felling and cutting up or the trimming of trees and the satisfactory
disposal of the trees and other vegetation from the site as indicated on the drawings or as directed
by the Engineer, together with the down timber, snags, brush and other rubbish occurring within
the areas to be cleared. Trees and other vegetation as may be indicated on the drawings or roots
and brush in areas to be cleared shall be cut off flush with or slightly below the original ground
surface. Individual trees and groups of trees designated to be left standing within the cleared
areas shall be trimmed of all branches to such heights and in such manner as may be necessary to
prevent interference with the construction operations or as directed by the Engineer. All limbs
and branches required to be trimmed shall be neatly cut close to the bole of the trees or to main
branches and the cuts thus made shall be painted with an approved tree- wound paint. Individual
trees, groups of trees and other vegetation, incident to construction operations, by the erection of
batTiers or by such other means as the circumstances require. Clearing operations shall be
conducted so as to prevent damage by falling trees to trees left standing, to existing structures and
installations and to those under construction and so as to provide for the safety of employees and
others.
GRUBBING
Grubbing shall consist of the removal and disposal of all stumps, roots and matter roots from the
site as indicated on all drawings or as directed by the Engineer. In foundation areas, stumps,
roots, legs or other timber, matter roots and other debris not suitable for foundation purposes shall
be excavated and removed to a depth of not less than 8 inches below the original ground surface
for or by the removal of stumps and roots, shall be refilled with suitable material and compacted
to make the surface conform to the surrounding ground surface.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL
All timber, logs, stumps, roots, brush, rotten wood and other refuse from the clearing and
grubbing operations shall be removed from the site and placed in an approved offsite disposal
area provided by the Contractor or otherwise disposed of as approved by the Engineer. When
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05
approved by the Engineer, burning shall be done at such location and in such manner that
will avoid all public nuisance and all hazards such as damage to existing structures, construction
in progress, trees and vegetation. The Contractor will be responsible for compliance with all
Federal, State and Local Laws and regulations relative to the building of fires. Disposal by
burning shall be kept under constant attendance until the fires have burned out or have been
extinguished.
MEASUREMENT OF PAYMENT
Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal,
stockpiling, disposal and any required permitting. No additional payment shall be made for these
items.
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01
02
03
TECHNICAL SPECIFICATIONS
02
EXCAVATION. TRENCHING AND BACKFILLING
SCOPE
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment, materials and appliances and in performing all operations in connection with the
excavation, trenching and backfilling for water mains, sewers and appurtenant structures,
complete in strict accordance with this section of the specifications and the applicable drawings
and subject to the terms and conditions of the Contract.
EXISTING IMPROVEMENTS
The Contractor shall maintain in operating condition and protect from damage all existing
improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas
lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of
the Engineer any aerial, surface or subsurface improvements damaged during the course of the
work. Where and if shown on the plans, the locations and existence of nonexistence of
underground utilities are not guaranteed. The Contractor shall contact the various utility
companies to detennine and/or verify such information prior to proceeding with the work. He
shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, dri ves,
walkways and at street crossings and if necessary to provide temporary walkways and bridges for
crossing of the open trench as directed. Work shall not commence within Augusta right-of-way
until a Right-of-Way Encroachment Pern1it is obtained from the Public Works Department.
EXCAVATION
a. General
Excavation shall be made by the open cut method except as otherwise specified or shown on
the drawings. Excavation methods shall generally meet or exceed Occupational Safety and
Health Administration (OSHA) construction industry standards.
b. Classification
Excavation shall comprise the satisfactory removal and disposition of all excavated materials
regardless of classification.
The Contractor shall perform all excavation of every description and whatever substances
encountered to grade indicated.
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c. Trench Excavation
All excavated materials not required for fill or backfill shall be removed and wasted as
directed. The banks of shallow trenches shall be kept as nearly vertical as practical and
where required shall be properly sheeted and braced. Except where otherwise indicated,
trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the
outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a
clear space of not less than 6 inches nor more than 8 inches in width is provided on each side
of the pipe.
The bottom of trenches shall be accurately graded to provide uniform bearing and support
for each section of the pipe on undisturbed soil at every point along its entire length, except
for portions of the pipe sections where it is necessary to excavate for bell holes and for the
proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been
graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in
the making of the joints and to insure that the pipe, for a maximum of its length will rest
upon the prepared bottom of the trench. Depressions for joints other than mechanical shall
be made in accordance with the recommendations of the joint manufacturers for the
particular joint used. Excavation for structures and other accessories shall be sufficient to
leave at least 12 inches in the clear between their outer surfaces and the embankment or
timber which may be used to hold the barllc and protect them. Where damage is liable to
result from withdrawing sheeting, the sheeting will be ordered to be left in place.
Except at locations where excavation of rock from the bottoms of trenches is required, care
shall be taken not to excavate below the depths indicated. Where rock excavation is
required, the rock shall be excavated to a minimum overdepth of 4 inches below the n01111al
required trench depth. The overdepth rock excavation and all excess trench excavation shall
be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials
which are so hard or cemented that the excavation of such material requires blasting. The
excavation shall proceed in a conventional manner with satisfactory effort made to remove
hard materials before the Engineer makes a detennination of need for blasting. Predrilling
and blasting will be allowed, if the Contractor can provide evidence for the Engineer's
review that boring logs can and will show that the material can or cannot be excavated.
Evidence will be provided for the Engineer's review and approval before predrilling and
blasting is undertaken. The excavation and removal of isolated boulders or rock fragments
larger than one cubic yard in volume encountered in materials of common excavation shall
be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable
of properly supporting the pipe, as dete1111ined by the Engineer or indicated on the drawings,
is encountered in the trench bottom, such soil shall be removed to a depth required for the
lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as
herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth
under structures will not be permitted and any unauthorized excess excavation below the
levels indicated for the foundation of such structures shall be filled with sand, gravel, or
concrete, as directed.
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d. Dewatering and Drainage
Where water is encountered, it shall be prevented from accumulating in excavated areas by
pumping, well-pointing and pumping, or by other means approved by the Engineer as to
capacity and effectiveness. Water removed from excavations shall be discharged at points
where it will not cause injury to public o~ private property, or the work completed or in
progress. All efforts to prevent sedimentation shall be made. Under no circumstances shall
trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not
be allowed to rise in unbackfilled excavations after pipe or structures have been placed.
e. Shoring and Protection of Excavations
All shoring, sheeting, and bracing required to perform and protect the excavation and to
safeguard employees and the public shall be performed. The failure of the Engineer to direct
the placing of such protection shall not relieve the Contractor of his responsibility for
damage resulting from its omission.
Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that
portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or
removed. Sheeting left in place shall be cut off not less than one (1) foot below finished
grade. No sheeting shall be removed until the excavation is substantially backfilled as
hereinafter specified.
f. Excess Material
Material unsuitable for backfilling, as detemlined by the Engineer, shall be removed from
the job site and disposed of by the Contractor in a manner as approved by the Engineer.
g. Grading and Stacking
All grading in the vicinity of trench excavation shall be controlled to prevent surface ground
water from flowing into the trenches. Any water accumulated in the trenches shall be
removed by pumping or by other approved methods. During excavation, material suitable
for backfilling shall be stored in an orderly manner a minimum distance of one and one-half
(1 Yz) times the depth of the excavation back from the edges of trenches to avoid overloading
and prevent slides or cave-ins.
h. Blasting
Explosives are to be used only within legal limitations. Before explosives are used, all
necessary pemlits for this work shall be secured and all precautions taken in the blasting
operations to prevent damage to private or public property or to persons. The Contractor
shall assume full liability for any damage that may occur during the use of explosives. No
blast shall be set off within 50 feet of pipe already laid in the trench.
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04
1. Tree Protection
Care shall be exercised to protect the roots of trees to be left standing. Within the branch
spread of the tree, trench shall be opened only when the work can be installed immediately.
Injured roots shall be pruned cleanly and backfill placed as soon as possible.
BACKFILLING
Trenches and other excavations shall not be backfilled until all required tests are performed and
the work has been approved by the City Engineer. The trenches shall be carefully backfilled, with
earth, sandy clay, gravel, soft shale or other approved materials. Backfill under roadways to
consist of approved sand clay material. No material shall be used for backfilling that contains
mulch, other unstable materials, stones, blasted rock, broken concrete pavement or other hard
materials having any dimension greater than 2 inches; or large clods of earth, debris, frozen earth
or earth with an exceptionally high void content.
For backfilling, to a level one foot over the top of pressure pipelines and two feet above the top of
gravity pipelines, only selected material shall be used. Select materials shall be approved by the
City Engineer and consist of finely divided material free from debris, organic material and stone
and may be suitable job excavated material or shall be provided by the Contractor from other
sources. The backfill shall be placed in uniform layers not exceeding six inches in depth. Each
layer shall be moistened and carefully and unifoffi1ly tamped with mechanical tampers or other
suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and
thoroughness so as to eliminate the possibility of voids or lateral displacement.
The remainder of the backfill material shall then be placed and compacted above the level
specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and
each layer moistened and compacted to a density approximately that of the surrounding earth.
Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas
subject to traffic, the backfill shall be placed in six-inch layers and each layer moistened and
compacted to a density at least equal to that ofthe surrounding earth so that traffic can be
resumed immediately after backfilling is completed. Any trenches which are improperly
backfilled, or where settlement occurs, shall be reopened to the depth required for proper
compaction, then refilled and compacted with the surface restored in the required grade
compaction. Along all portions of the trenches not located in roadways, the ground shall be
graded to a reasonable unifoffi1ity and the mounding over the trenches left in a neat condition
satisfactory to the Engineer.
Sheeting not specified to the left in place shall be removed as the backfilling progresses. Sheeting
shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the City
Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be
left in place.
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05
PAVEMENT REPLACEMENT
The Contractor shall replace all pavement removed, undennined or damaged by his construction
operations and as required by the plans.
As the completion of the pipe installation and construction of manholes and appurtenant
structures progresses all backfill shall be completed in the manner prescribed in this section of
these specifications. This backfill shall be finished off to a grade level with the surface of the
adjacent pavement and shall be maintained smooth and free from potholes, depressions and ruts
until the pavement replacement, grassing, etc., hereinafter prescribed are perfonned.
Pavement replacement shall be started as soon as possible after completion ofbackfilI. The edge
of existing pavement to remain shall be neatly cut vertically and on a uniform horizontal
alignment with a rotary power saw (concrete saw). The backfill material shall be removed to
depth required and subbase compacted as hereinbefore specified. The designated patch shall be
installed in accordance with the following specifications:
a. Concrete Pavement
The patch shall be 8" thickness of 3,000 psi concrete. Joints shall be provided in the new
pavement matching in type and location all joints in existing adjacent pavement. The
surface of the new pavement shall also be finished to match the surface of adjacent
pavement.
b. Driveways
Same as for concrete pavement except that thickness shall be 6 inches.
c. Sidewalks
Same as for concrete pavement except that thickness shall be 4 inches.
d. Asphalt Concrete
The patch shall consist of an 8" thickness of 3,000 psi concrete and a surface course of 2"
thickness of asphalt concrete. After the concrete has attained sufficient strength, the concrete
surface shall be cleaned and prepared for the bituminous surface by application of a
bituminous tack coat. A surface course consisting of a 2" compacted thickness of hot plant
mix bituminous material conforn1ing to City of Augusta specification, Type "E", shall then
be constructed on the prepared base.
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06
07
08
09
10
11
e. Concrete Curb and Gutter
Concrete curb or gutter which has been removed shall be replaced to match the adjacent curb
in type and dimensions. Granite curb which has been removed will be replaced by concrete
curb to match adjacent granite curb in all dimensions or by identical granite curb as directed
by the City Engineer. 3,000 psi concrete shall be used in construction of curb and gutter.
GRANITE CURB
In removing and replacing granite curb, extreme care shall be exercised to eliminate breakage or
other damage during removal, storage and replacement. The Contractor will be required to
replace all sections broken or damaged by his construction operations with new sections of
identical material and dimensions at his own expense. In the replacement of the curb, the
Contractor shall take extreme care in the placement and compaction of backfill under and adjacent
to the curb to insure adequate support throughout the full length of each section of curb.
BRICK PAVEMENT
Replace brick on 6" concrete. New pavement shall match existing construction.
MILL ASPHALT CONCRETE PAVEMENT
Milling of existing asphalt concrete pavement shall confornl to the requirements of Section 432 of
Department of Transportation Specifications.
RESTORATION OF PROPERTY
The Contractor shall carefully restore all property defaced by operations or acts of any of his
agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns,
hedges, ornamental plantings and the repair or replacement of driveways, walks or other facilities.
SALVAGE MATERIALS
All cast iron trap tops, grates and frames, manhole rings and covers, etc., that are removed and not
reused shall be salvaged and hauled to the Streets and Drains Department, 1568 Broad Street.
This is not a pay item.
MEASUREMENT AND PAYMENT
a. Select Backfill
Select backfill shall be measured in cubic yards and shall include costs for the backfill and
installation as well as all transportation and stockpiling charges. No additional payment
shall be made for these items.
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b. Asphalt Overlay
Asphalt overlay shall be measured in tons and shall include costs for asphalt materials and
installation, striping (both temporary and permanent), and markers (both temporary and
permanent). No additional payment shall be made for these items.
c. Concrete Roadway Cap and Asphalt Patch
Concrete roadway cap and asphalt patch shall be measured in square yards and shall include
costs for concrete, asphalt, installation, excavation, striping (both temporary and permanent),
and markers (both temporary and permanent). No additional payment shall be made for
these items.
d. Aggregate Base and Asphalt Patch
Aggregate base and asphalt patch shall be measured in square yards and shall include costs
for all aggregates (regardless of type), asphalt, installation, excavation, striping (both
temporary and permanent), and markers (both temporary and permanent). No additional
payment shall be made for these items.
e. Bituminous Tack Coat
Bituminous Tack Coat shall be measured in gallons and shall include costs for material and
installation.
f. Milling
Milling shall be measured in square yards and shall include all materials, labor, equipment
and material removal and disposal costs. No additional payment shall be made for these
items.
g. Rock Excavation
Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor,
equipment, and material removal and disposal. No additional payment shall be made for
these items.
h. Foundation Backfill
Foundation backfill shall be measured in cubic yards and shall include costs for the backfill
and installation as well as al transportation and stockpiling charges. No additional payment
shall be made for these items.
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1. Shoring
Shoring shall be measured in linear feet and shall include costs for the shoring material, all
support material, installation, and removal. No additional payment shall be made for these
items.
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01
02
03
TECHNICAL SPECIFICATIONS
03
SANITARY SEWERS AND APPURTENANCES
SCOPE
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment and materials and in performing all operations in connection with the installation of
sanitary sewer pipe, structures and appurtenances, complete, in strict accordance with these
specifications and the applicable drawings and subject to the terms and conditions of the contract.
GENERAL
The contract drawings indicate the extent and general arrangement of the sanitary sewer system.
If any departure from the contract drawings are deemed necessary by the Contractor, details of
such departures and the reasons therefore, shall be submitted as soon as practicable for approval.
No such departures shall be made without written approval of the Engineer.
The drawings and these specifications shall be considered as supplementary one to the other so
that materials and labor indicated, called for or implied by this one and not the other shall be
supplied and installed as though speci fically called for on both.
MATERIALS
a. General:
Pipe for sanitary sewers shall be polyvinyl chloride (PVC) or ductile iron pipe (DIP) as
outlined below. However, DIP is considered a remedial measure for special applications
only. Standard pipe lengths not greater than 20 feet shall be used. Force main pipe shall be
of approved C900-CL200 water pipe.
P\rC pipe shall be manufactured from virgin resin conforming to ASTM D-3034 (latest
version) with minimum classification of SDR-35. DIP shall be epoxy-lined and conforn1 to
A WW A CI51/ANSI A21.51 (latest version). Design methods shall conform to
A WW ACI50/ANSIA21.50(latestversion). DIPshallbeClass350forl2"and smaller.
All fittings shall be of the same quality and material as the pipe to be used. Pipe classes shall
be detern1ined based upon the installation and the use intended. Pipe shall be appropriately
labeled on the drawings. WYE fittings shall be utilized. TEE fittings and saddles shall not
be allowed. All DIP fittings shall be ductile iron or cast iron.
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b. Joints and Jointing Materials:
1) PVC shall be jointed with a rubber gasket and shall conform to ASTM F477 Ilk. (latest
version) and manufacturer's recommendations. Solvent weld is prohibited. DIP shall
be of the bell and spigot type with push-on joints confonning to ANSI A2 1. I I (latest
version) or mechanical joints.
04
INSTALLATION
a. General:
Installation of sanitary sewer pipe and associated appurtenances shall be in accordance with
current ASTM specifications and manufacturer's requirements for the specific product.
Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to
avoid damage. All pipe shall be carefully examined before it is installed in the trench.
Damaged pipe or pipe which does not meet specification requirements shall be rejected and
removed from the work site. The interior of all pipe, fittings, valves, etc. shall be kept free
of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable
bottom. Wet trench installation shall be allowed only upon written approval of the Utilities
Director.
Backfill shall be free of boulders and debris, and shall confom1 to Georgia Department of
Transpol1ation Specifications. Sharp or rocky material encountered in the base shall
replaced with proper bedding. Pipe shall be laid on line and grade as designed. P joints,
gravity blocks, service connections, and conflicts shall be left exposed u visually inspected
and approved by the Augusta Utilities Department's Inspector.
b. Pipe Laying:
1) The bottom of the trench where sewer pipe is to be laid shall be prepared and shaped as
shown on the plans and specified under the Section EXCAVATION, TRENCHING
AND BACKFILLING, to give unifonn circumferential support to the lower quadrant of
the pipe for the maximum length.
The pipe shall be laid with bell or groove end upgrade. tested for soundness, clear
interior and satisfactory joint surfaces before lowering the pipe into the trench. Pipe
shall be laid in straight lines and grades between points where changes in alignment or
grade are shown. The pipe barrel shall be uniformly bedded. The line and invert grade
of each pipe shall be checked from a top line carried on batter boards not over 25 feet
apart or by use of a laser beam target inset1ed in each joint. Pipes shall be laid to fom1 a
smooth, unifom1 invel1. A stopper shall be installed in the pipe mouth when pipe laying
is not in progress.
PVC gravity sewer pipe and force main shall be installed in accordance to ASTM
D2321, latest version. Ductile iron force main shall be installed in accordance with
A WW A C600, latest version.
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2) Backfilling Around Pipe: As soon as the joint material has set, fine earth shall @e
carefully tamped around each joint, and around and over the pipe to a depth of at least 2
feet above the top of gravity pipelines. In addition, all PVC sewer pipe shall be bedded
in selected material from the pipe centerline down to a point 3 to 6 inches below the
pipe invert. Selected materials for this purpose shall be Class I or 11 soils as specified
in ASTM D232 1. Reconstruction or any roadway section or right-of-way shall be in
accordance with the Georgia Department of Transportation and City of Augusta
Specifications.
It.
COMPACTED BACKFIU
PER SECTION 14.31
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CLASS 1 BEDDING
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NOTE~:
1. TRENCH EXCAVATION, BACKFIU AND COMPACTION SHALL BE IN STRICT
CONFORMANCE WITH SECTION 14.31 OF AUGUSTA UTILITY DEPARTMENT SPECIFICATIONS.
c.
Jointing:
1) Ductile Iron Pipe:
The joints shall be made according to the manufacturer's recommendation.
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05
CONCRETE CRADLES. SADDLES AND ENCASEMENT
The Contractor shall install concrete encasement where shown on the plans or as directed by the
Engineer. These structures shall be constructed in strict accordance with the details shown on the
plans and as herein specified. Concrete shall have a 28 day compressive strength of 3,000 psi
when tested in accordance with ASTM Specification C-39.
06
MANHOLES
a. General:
All manholes indicated on the plans shall be furnished and installed by the Contractor in
accordance with the plans and provisions of this section of these specifications. Manholes
shall be constructed with cast iron frames and covers in accordance with the details as shown
on the plans. The top of manholes shall be topped out with brick as indicated on the plans.
The number of courses will depend on the required elevation of the top of the manhole. The
maximum number of brick courses allowed shall be three (3). The base of the manhole shall
be constructed of 3000 psi concrete as specified elsewhere in these specifications. The invert
channels shall be smooth and accurately shaped to the semi-circular bottom conforming to
the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the
sewer and entering branches shall have as long a radius of true curvature as the side of the
manhole will pen11it. Manhole steps shall be spaced as shown on the plans.
MAIN SEWER LINE
(SIZE VARIES)
. .
,.
INVERT TIE IN
TO SIDE MAIN
,.
NOTE: ARROWS OUTSIDE OF
PIPE FLOW INDICATE DIRECTION
OF 1. WASH ABOVE "CUT -oul'
OF PIPES SPRING LINE.
. .
TS 3-5
b. Types:
1) Masonry:
Brick for manholes and other sewer structures shall be laid with shove joints completely
filled with mortar. Horizontal joints shall not exceed Y2 inch, vertical joints 1/4 inch on
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their interior face. In circular structures, all brick shall be laid as header with joints
broken between courses. Interior joints shall be struck or wiped smooth with the face of
the wall. The exterior of sanitary sewer manholes shall be plastered to a thickness of at
least 'h inch.
2) Laying Brick and Concrete Block ~ork:
Only clean brick or block shall be used. The brick or block shall be moistened by
suitable means, as directed, until they are neither so dry as to absorb water from the
mortar, nor so wet as to be slippery when laid.
Each brick or block shall be laid in a full bed and joint of mortar without repairing
subsequent grouting, flushing, or filling, and shall be thoroughly bonded as directed.
3) Plastering and Curing Brick or Block Masonry:
Outside faces of masonry shall be plastered with mortar from 1/4 inch to 3/8 inch thick.
Ifrequired, the masonry shall be properly spread and troweled so that all cracks are
thoroughly worked out. After hardening, the plaster shall be carefully checked by being
tapped for bond and soundness. Unbonded or unsound plaster shall be removed and
replaced.
Masonry and plaster shall be protected from too rapid drying by the use of burlap kept
moist, or by other approved means, and shall be protected from the weather and frost,
all as required.
4) Manhole Inverts:
Manhole flow channels shall be constructed of concrete, sewer pipe, brick or precast,
and shall be of semicircular section. Each manhole shall be provided with such
channels for all connecting sewers.
The inverts shall conform accurately to the size of the adjoining pipes. Side inverts
shall be curved and main inverts (where direction changes) shall be laid out in smooth
curves of the longest possible radius which is tangent to the centerlines of adjoining
sewers.
5) Drop Manholes:
Drop inlets shall be provided into manholes on sanitary sewers for incoming lines
having inverts 2 feet or more above the inverts of the manhole outlet lines. Drop pipe
and fittings shall be encased in masonry integral with the manhole and extending from
the manhole base to the top of the incoming sewer. Diameter of drop manholes to be
four feet at a minimum.
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07
08
6) Setting Manhole Frames and Covers:
Manhole frames shall be set with the tops conforming accurately to the grade of the
pavement or finished concentric with the top of the masonry and in a full bed of mortar
so that the space between the top of the manhole masonry and the bottom flange of the
frame shall be completely filled and made watertight. A thick ring of mortar extending
to the outer edge of the masonry shah be placed all around the bottom flange. The
mortar shall be smoothly finished to be flush with the top of the flange and have a slight
slope to shed water away from the frame. Manhole covers shall be left in place in the
frames on completion of other work at the manholes.
7) Setting Precast Manholes Sections
Precast-reinforced concrete manhole sections shall be set so as to be vertical and with
sections and steps in true alignment.
All holes in sections, used for their handling, shall be thoroughly plugged with mortar.
The mortar shall be I part cement to 11/2 parts sand; mixed slightly damp to the touch
until it is dense and an excess of paste appears on the surface; and then finished smooth
and flush with adjoining surfaces.
STUB OUTS FOR FUTURE SKWERS
Branches and fittings shall be laid by the Contractor as indicated on the drawings and/or as
directed by the Engineer. Open ends of pipe and branches shall be closed with premolded gasket
joint stoppers which confonn with the same requirements as pipe being used.
TIE-IN OF EXISTING SE\VERS
Holes for new incoming pipe into existing manholes shall be machine cored neatly and carefully
so as not to damage the structural integrity of the manhole and large enough to allow the insertion
of a flexible rubber boot. Rubber boot shall be a PS 1 0 flexible gasket, manufactured by Press
Steel Gasket Corporation, or approved equal.
Bulkheads and Flushing: The contractor shall build a tight bulkhead in the pipeline where new
work enters an existing sewer. The bulkhead shall remain in place until its removal is authorized
by the Engineer.
Care shall be taken to prevent earth, water and other materials from entering the pipe, and when
pipe laying operations are suspended, the Contractor shall maintain a suitable stopper in the end
of the pipe and also at openings for manholes. All sanitary sewer, except building cOlmections
shall be flushed with water in sufficient volume to obtain free flow through each line. All
obstructions shall be removed and all defects corrected. As soon as possible after the pipe and
manholes are completed on any line, the Contractor shall flush out the pipeline using a rubber ball
ahead of the water. None of the flushing water or debris shall pem1itted to enter any existing
sewer.
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09
10
SIDE SEWERS
a. General
1) Side Sewer:
A side sewer shall consist of a sewer extending from a connection to the street or main
sewer to its connection to the house sewer or other point as designated by the City
Engineer. The side sewer connection to the street sewer shall be as follows:
New 6"
Wye fitting in street sewer with
45 degree elbow.
The Contractor shall install a side sewer where shown on the plans or directed by the
City Engineer and in accordance with the details shown on the plans.
2) Pipe Laying:
Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall
start and proceed up grade from the point of connection at the street sewer or other
starting point.
Pipe shall be laid in a straight line at a unifonn grade between fittings on a unifoll11
horizontal or vertical curvature achieved by deflecting pipe joints within the limits
recommended by the manufacturer of the pipe used.
3) Fittings:
All fittings shall be factory-produced and shall be designed for installation on the pipe
to be used. Fittings shall be of the same quality and material as the pipe used.
The maximum deflection permissible at anyone fitting shall not exceed 45 degrees
(one-eighth) 1/8 bend. The maximum deflection of any combination if two adjacent
fittings shall not exceed 45 degrees (one-eighth (1/8) bend) unless straight pipe of not
less than two and one-half (2-1/2) feet in length be installed between such adjacent
fittings or unless one of such fittings is a wye branch with a c1eanout provided on the
straight leg.
FIELD TESTS
a. Pipe
Each piece of pipe shall be visually inspected immediately before being placed in the trench
and all pieces which appear to be cracked or damaged in any way shall be rejected.
Particular notice shall be made of the joints to be sure that a water-tight joint will be assured.
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b. Joints, Alignment and Grade
After the pipe has been installed in the trench and prior to the placing of any backfill, the
joints, alignment and grade shall be carefully examined and checked for conformance with
specified requirements. The pipe shall be observed during backfilling operations and shall
be rechecked following the backfilling operations to be sure that the required conditions of
the joints, alignment and grade have been'maintained.
c. Appurtenances
All manholes and other appurtenances shall be of specified size, shape and materials. The
work shall comply with these specifications and if found not so in any respect it shall be
brought to proper condition at the expense of the Contractor.
d. Infiltration
Upon completion of a section of the sewer, the Contractor shall dewater it and conduct a
satisfactory test to measure the infiltration or exflltration for at least three consecutive days.
The amount of infiltration including "Y" branches, and connections shall not exceed 1 00
gallons per inch diameter per mile of sewer pipe per 24 hours for gravity sewer pipe. The
amount of 50 gallons per inch diameter per mile of sewer per 24 hours shall not be exceeded
for ductile iron pipe. The Contractor shall be responsible for the satisfactory water tightness
of the entire section of sewer.
As required, suitable bulkheads shall be installed to pennit the test of the sewer. Where the
ground water level is less than I foot above the top of the pipe at its upper end, or as directed
by the Engineer, the sewer shall be subjected to exflltration testing by plugging the pipe at
the lower end and then filling the pipelines and manholes with clean water to a height 4 feet
above the top of the sewer at its upper end. The leakage out of the sewer, measured by the
volume of the water necessary to maintain meter level in the highest manhole, shall not
exceed 200 gallons per inch diameter per 24 hours per mile of sewer for gravity sewer pipe.
The amount of 50 gallons per inch diameter per 24 hours per mile of sewer shall not be
exceeded for ductile iron pipe.
The sewer shall be tested before any connections are made to buildings or to active sewers.
The Contractor shall construct such weirs and bulkheads as may be required, shall fumish all
water, labor, test plugs, power, pumps, meters, and other equipment necessary for the test to
be properly made. The Contractor may use a low pressure air test as an option to the
hydraulic infiltration/exfiltration leakage test for gravity lines provided the Contractor
established a correlation between the air test results and the quantity of
infiltration/exfiltration actually being experienced by the line and the allowable air pressure
drop shall be that corresponding to the allowable hydraulic leakage specified previously in
this section. Such a correlation is to be established according to a procedure satisfactory to
the Engineer. The low pressure air test shall be perforn1ed in accordance with the applicable
sections of the Uni-Bell UNI-B-6-90, latest version.
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13
14
If the Contractor opts to use the low pressure air test, leakage tests on manholes shall be
conducted independently of the lines by using a hydraulic infiltration/exfiltration test as
directed by the Engineer. The allowable infiltration into the manhole over a 24 hour period
is zero and the allowable exfiltration is also zero when tested by plugging off the manhole
and filling it with water four feet above the top of the sewer and measuring the water loss
over a 24 hour period.
11
RESTORATION OF PROPERTY
The Contractor shall carefully restore all property defaced by operations and acts of any of his
agents or employees. Such restoration shall include seeding, sodding and transplanting of lawns,
hedges or ornamental plantings and the repair or replacement of driveways, walks, fences or other
facilities in such manner as to meet the approval of the Engineer. No structures or trees shall be
removed without the consent of the property owner until condemnation procedure, if necessary,
has been completed.
12
CLEAN UP AND REPAIRING
The sewers shall be kept clean during the progress of the work and upon completion shall be
thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor
shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive
leakage of water into the sewers or any deviation from proper grade or alignn1ent such as to make
the work, in the opinion of the Engineer, not consistent with first class work, shall be promptly
con'ected by the Contractor at his own expense.
FINAL INSPECTION
When the Contractor considers that all work has been completed, he shall then notify the
Engineer who will carefully inspect all work and make such tests as to satisfy himself that every
provision of the contract has been faithfully carried out. During this inspection, the Contractor
shall, at his own expense, make provisions for suitable drainage and maintenance.
MEASUREMENT AND PAYMENT
Payment will be made at the unit contract prices as shown in the bid schedule under Sanitary
Sewer.
a. Measurement of Pipelines:
Measurement of pipelines shall be the actual number of linear feet of pipe installed, complete
in place and accepted. No deductions in length will be made for manholes.
b. Measurement of Manholes:
Measurement of manholes will be the vertical dimension to the nearest tenth of a foot from
the invert of the outlet pipe to the top of the manhole cover ring casting.
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c. Concrete Encasement:
Concrete encasement will be paid for at the contract unit price, per cubic yard, for the actual
volume of concrete placed, up to the volume of concrete required by the maximum
dimensions for concrete encasement shown on the plans. Concrete in the excess of that
volume will not be paid for.
No separate payment will be made for any special fittings, tie-ins, or connections, nor will
any separate payment be made for normal bedding of sewer pipe.
d. Service Lines:
Service lines will be paid for at the unit contract price as shown in the bid schedule under
Sanitary Sewer, complete as shown on the plans.
e. Piping:
All piping items shall be measured in linear feet and shall include costs for piping and
installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and
gaskets, and normal backfill. No additional payment shall be made for these items.
f. Jack and Bore Line:
Jack and bore line items shall be measured in linear feet and shall include costs for piping
and installation, blasting, asphalt cutting, norn1al joints and gaskets, and n0l111al backfill. No
additional payment shall be made for these items.
g. Miscellaneous Pipe Fittings:
Miscellaneous pipe fittings and connections shall be measured in pounds and include costs
for all fittings and installation except normal joints and gaskets regardless of material. No
additional payment shall be made for these items.
h. Precast Manholes:
Precast manholes shall be measured individually (each) and shall include costs for manholes,
excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections,
installation, and normal backfill. No additional payment shall be made for these items.
t. Additional Sanitary Manholes:
Additional sanitary manhole depth line items shall be measured by vertical foot and shall
include costs for excavation, dewatering, and backfill as specified by type and class. No
additional payment shall be made for these items.
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J. Sanitary Sewer Connections:
Sanitary sewer connections shall be measured individually (each) and shall include costs for
6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, excavation,
dewatering, asphalt/concrete cutting, installation, normal backfill, and property restoration.
No additional payment shall be made for these items.
k. Sanitary Sewer Manhole:
Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs
for cutting/coring of existing manholes, collars, rubber boots, any required gaskets,
excavation, dewatering soil stabilization, asphalt cutting, and normal backfill. No additional
payment shall be made for these items.
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01
02
03
04
TECHNICAL SPECIFICATIONS
04
STORM SEWERS AND APPURTENANCES
SCOPE
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment and materials and in perforn1ing all operations in connection with the installation of
storm sewer pipe, structures and appurtenances, complete, in strict accordance with this section of
the specifications and the applicable drawings and subject to the terms and conditions of the
Contract.
EXCA V ATION. TRENCHING AND BACKFILLING
All excavation, trenching and backfilling shall be as specified under the Section entitled
"Excavation, Trenching and Backfilling".
CONCRETE WORK
All concrete work shall confonn to the requirements of Section, "Concrete".
APPLICABLE SPECIFICATIONS
The latest edition of the following specifications fonn a part of this section of the specifications:
a. American Society of Testing Materials (ASTM) Specifications:
C 12
Installing Clay Sewer Pipe
C 14
Concrete Sewer Pipe
C 76
Reinforced Concrete Pipe
C 700
Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe
C 425
Vitrified Clay Pipe Joints Using Materials Having Resilient Properties
C 443
Joints for Circular Concrete Sewer and Concrete Pipe Using Flexible,
Watertight, Rubber-type Gaskets
C 478
Precast Reinforced Concrete Manhole Risers and Tops
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05
06
C 507
Reinforced Concrete Elliptical Culvert, Storm Drain and Sewer Pipe
C 655
Reinforced Concrete D-Load Culvert, Storm Drain and Sewer Pipe
C 361
Reinforced Concrete Low-head Pressure Pipe
b. Federal Specifications
SS-B0656 Brick, Building (Common) Clay
GENERAL
The contract drawings indicate the extent and general arrangement of the storm sewer system. If
any departure from the contract drawings are deemed necessary by the Contractor, details of such
departures and the reasons therefore shall be submitted as soon as practicable for approval. No
such departures shall be made without written approval of the Engineer.
The drawing and these specifications shall be considered as supplementary, one to the other, so
that materials and labor indicated, called for by the one and not the other, shall be supplied and
installed as though specially called for on both.
MA TERJALS
All materials furnished by the Contractor shall be new and shall meet the requirements of the
applicable speci fications. All pipe shall be furnished with "0" ring mbber gasket joints. Pipe 24"
and smaller shall be in accordance with the following substitution schedule except where a
specific type pipe is designated on the plans:
Substitute Schedule
Pipe Size Clav Pipe
Reinforced Concrete
Concrete Pipe
6" C-700-78A
8" C-700-78A
10" C-700-78A
12" C- 700-78A
IS"
18"
24"
C-14-82 Ex. Str.
C-14-82 Ex. Str.
C-14-82 Ex. Str.
C-14-82 Ex. Str.
C-76-85A Class III
C-76-85A Class III
C-76-85A Class III
C-76-85A Class III
Reinforced Concrete: Pipe 15" and larger shall be reinforced concrete confoffi1ing to ASTM
C-76, strength class as shown on the plans, Class In where not designated or ASTM C-655. Pipe
designed for ASTM C-655 shall be designed for the specific installation, bedding and cover
conditions for which it is intended. The Contractor shall submit with his proposal a preliminary
design for this pipe. The design shall be based upon criteria of the American Concrete Pipe
Association and shall have been reviewed by the Engineers of that Association.
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07
08
INSTALLATION
a. Pipe Laying
The bottom ofthe trench where the sewer pipe is to be laid shall be prepared and shaped as
shown on the plans and specified under the Section, "Excavating, Trenching and
Backfilling", to give uniform circumferential support to the lower quadrant of the pipe for
the maximum length.
Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the
direction of the flow. Each pipe shall be laid true to the line and grade in such a manner as
to forn1 a close concentric joint with the adjacent pipe and to prevent offsets in the flow line.
As the work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous
materials of every description. Where cleaning after laying is difficult because of small pipe
size, a suitable swab or drag shall be kept in the pipe and pulled forward past each joint
immediately after the joint is completed. If the maximum pern1issible width of the trench at
the elevation of the top of the pipe is exceeded for any other reason that at the direction of
the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe
encasement or other bedding as is required by the Engineer to support the additional load on
the pipe.
Trenches shall be kept free of water until joints have been made up. No pipe shall be laid
when the condition of the weather or the trench bottom is unsuitable for such work. At all
times when the work is not in progress, all open ends shall be securely closed to the
satisfaction of the Engineer so that no trench water, em1h or other foreign substance can enter
the line.
All pipe shall be carefully examined before it is installed in the trench. All damaged or
unsound pipe or pipe which otherwise fails to meet specification requirements shall be
rejected and shall be removed from the site of the work.
b. Jointing
Vitrified Clay and Concrete Bell and Spigot Pipe: The jointing procedure for vitrified clay
pipe having rubber gasket joints as specified hereinbefore, shall be recommended by the
manufacturer of the joint material and approved by the Engineer. The Contractor shall
furnish and install the joint complete, using such adhesive or lubricating substances as are
recommended. Care shall be taken to prevent exposure of the gaskets to sunlight before
installation.
.
CONCRETE COLLARS. CRADLES. SADDLES AND ENCASEMENT
General: Collars, cradles, saddles or encasement shall be constructed of concrete with a minimum
28-day strength of 3,000 psi.
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09
MANHOLES
a. General:
Manholes shall be constructed with cast iron frames and covers. The base of the manhole
shall be constructed of concrete having a minimum 28-day compressive strength of 3,000
psi. The invert channels shall be smooth' and accurately shaped to the semi-circular bottom
conforming to the inside of the adjacent sewer sections. Changes in direction of the sewer
and entering branches shall have as long a radius of true curvature as the size of the manhole
will permit. Manhole steps shall be cast iron, NEENAH R-1980-M spaced at 1'-0" o.c., or
shall be the comparable product of equal width manufactured by Sumter Machinery
Company.
b. Brick Manholes:
Brick for manholes shall conform to Federal Specification SS-B-656, Type H. All brick
shall be thoroughly cleaned and saturated with water immediately before being laid up. The
brick shall be laid radially in header courses with the joint broken by staggering each
successive course. Brick shall be laid up with cement mortar made of one part Portland
cement and two parts of approved sand to which may be added lime not to exceed 25 percent
by volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of
cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking the
joints. Concrete, brickwork and mortar shall be protected against low temperatures.
c. Precast Concrete Manholes:
Precast manholes consisting of precast risers and tops confol111ing to the requirements of
ASTM C478 may be used in lieu of brick manholes. The precast top section shall be the
eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess
forn1ed in the cast-in-place base slab and the outside of the joint shall then be sealed with a
beveled fillet of mortar. The joints in the riser pipe shall then be sealed with Portland
cement mortar.
d. Brick Manhole Tops:
The top of the manholes shall be topped out with brick. The number of curses wi II depend
on the required elevation of the top of the manhole. The brick shall be laid radially in header
courses with joints broken by staggering each successive course. After the manhole ring and
cover has set in a bed of mortar on the top course of brick, the outside of the manhole shall
be plastered for the full extent of the brickwork with mortar to a thickness of not less than
1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of
striking the joints. The brickwork and mortar shall be protected against low temperatures
and cured so as to prevent any damage by freezing.
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10
e. Manhole Steps:
Manhole steps shall be installed in all sections of each manhole. The steps in the precast
sections may be installed when the sections are cast or may be inserted after the manhole has
been constructed. All damage to the precast section caused by the insertion of the steps shall
be repaired and sealed with expanding m?rtar to prevent leakage.
f. Manhole Frames and Covers
Manhole frames and covers in improved areas or streets shall be set flush with the finished
grade. In unimproved areas or where no finish grade is established, the top of the frame and
cover shall be set two feet above the existing ground unless otherwise directed. The words
STORM SEWER shall be case on the manhole cover.
g. Standard Frames and Covers
Cast iron for manhole frames and covers shall conform to ASTM A48, Class 30, gray iron.
Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain.
They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every kind
which render them unfit for the intended use. No plugging or filling shall be pern1itted.
Standard frames and covers shall be Sumter Machinery Company Frame MF-800 and Cover
No. MC-800 or the comparable product ofNeenah Foundry Company.
TRAPS
a. General:
The general location and type of trap are indicated; however, the final location and type of
trap shall be in accordance with the direction of the Owner or Engineer during construction
of the project. Traps may be located other than as indicated, added or deleted as necessary.
b. Brick Boxes:
Brick shall conform to Federal Specification SS-B-656, Type H. All brick shall be
thoroughly cleaned and saturated with water immediately before being laid up. Brick shall
be laid up with cement mortar made of one part Portland cement and two parts of approved
sand to which may be added lime not to exceed 25 percent by volume of the cement. The
inside of the box may be rubbed with a cloth in lieu of striking the joints. Concrete,
brickwork and mortar shall be protected against low temperatures.
c. Concrete:
All concrete shall conform to the requirements of the Section "Concrete" of these
specifications.
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d. Iron Castings:
Cast iron for frames, covers, grates and hoods shall conform to ASTM A 48, Class 30, gray
iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform
grain. They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every
kind which render them unfit for the intended use. No plugging or filling shall be permitted.
e. Frames and Covers:
Standard frames and covers for traps shall be Sumter Machinery Company Frame MF-3 and
Cover MC-5 with lugs or the comparable product ofNeenah Foundry Company.
f. Grate Frame, Grate and Hood:
Standard frame, grate and hood for hood-back traps shall be Sumter Machinery Company
Frame C.F.F.-51, Grate C.B.G.-51 and Hood C.B.H.-51 or the comparable product of Sumter
Machinery Company.
11
CONNECTING EXISTING STORM SEWERS
a. Manhole or Trap Connections:
Where existing stonn sewer laterals pass through a new manhole or trap, the new structure
shall be constmcted around the existing sewer and the space around the sewer on each side
of the manhole or trap shall be sealed with mortar or sealing compound to prevent infiltration
between the existing pipe and the new wall. When the new storn1 sewer lines are completed
and tested, the existing pipe inside the structure shall be carefully broken out and removed.
The down stream end of the existing storn1 sewer shall be plugged at the wall of the stmcture
with brick and mortar.
b. Line Connections:
At those locations where portions ofthe existing storm sewer laterals are to be removed
and/or replaced with new laterals connecting to the new storn1 sewer collector pipe, manhole
or trap, all connections shall be made in such manner as to prevent infiltration at those points
of connection. The Contractor shall submit his connection collar detail for approval by the
Owner and/or Engineer. The pipe to be removed shall be removed in such a manner as to
prevent any damage to the pipe or joints left in place for inclusion into the new storm sewer
piping system. The "downstream" storn1 sewer lateral left in place shall be plugged with
concrete in such a manner as to seal the end of the pipe but prevent any concrete from
intruding into or otherwise entering into the existing combined sewer pipe.
PLUGGING ABANDONED PIPE LINES
Existing pipe lines to be abandoned in place shall be closed and sealed with a precast plug or
masonry bulkhead coated with cement mortar plaster.
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13
FIELD TESTS
a. Pipe:
Each piece of pipe shall be visually inspected immediately before being placed in the trench
and all pieces which appear to be cracked or damaged in any way that could not be repaired
after installation, shall be rejected. Partic'ular notice shall be made ofthe joints to be sure
that a watertight joint can be assured.
b. Joints, Alignment and Grade:
After the pipe has been installed in the trench and prior to the placing of any backfill, the
joints, alignment and grade shall be carefully examined and checked for conformance with
specified requirements. The pipe shall be observed during backfilling operations and shall
be rechecked following the backfilling operations to be sure that the required conditions of
the joints, alignment and grade have been maintained. All gravity pipe lines are intended to
be straight between manholes and a full circle of light shall be visible from one end to the
other. Broken or cracked pipe shall be replaced with sound pipe and any deposit or
protruding joint material shall be removed and the joint remade.
d. Appurtenances:
All manholes and other appurtenances shall be of specified size, shape and materials; the
work shall comply with these specifications and if found not so in any respect, it shall be
brought to proper condition by cleaning, pointing or ifnecessary by rebuilding at the expense
of the Contractor.
INFILTRATION OR EXFILTRATION TEST
All gravity pipe lines shall be subjected to an infiltration or exfiltration test. The Contractor shall
provide at no additional expense to the Owner, all labor, supervision and measuring devices
necessary to conduct the test as described herein. A maximum allowable rate of infiltration into
sewer lines shall be limited to 200 gallons per 24 hours per inch of diameter per mile of sewer.
This clause does not relieve the Contractor of the necessity of making the sewers as tight as
possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such
steps as are necessary to bring the infiltration within the above allowance. The test for infiltration
shall be made as follows: This test shall be made following a period of heavy rain and when the
ground is saturated. The Engineer reserves the right to use his judgment as to whether or not the
ground is sufficiently saturated to allow a satisfactory test. The Contractor shall provide and
install all necessary weirs or other devices required to make the flow measurements. The test
shall be made in the presence of and to the satisfaction of the Engineer.
The Engineer may, at his option, order an exfiltration test in lieu of an infiltration test. The test
shall be made as follows: The run of sewer to be tested shall be plugged and the line filled with
water to a point approximately one foot below the top of the lowest manhole ring. After
sufficient time has elapsed for air to bleed off and absorption to be complete, the water level in
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the manhole shall be measured at 30 minute intervals for two hours. The measured drop in water
level shall then be translated into the amount of exfiltration. The rate of exfiltration shall be
within the limits prescribed for the infiltration test.
For pipe larger than 42" in diameter, the Contractor may elect to individually test the joints before
backfilling by subjecting one side of the joints to 5 psi water pressure; under these conditions
there shall be no visible leakage of the joint. '
15
RESTORATION OF PROPERTY
The Contractor shall carefully restore all property defaced by operations or acts of his agents or
employees. Such restoration shall include seeding, sodding and transplanting of lawns, hedges or
ornamental plantings and the repair or replacement of driveways, sidewalks, fences or other
facilities, in such a manner as to meet the approval of the Engineer. No structures or trees shall be
removed without the consent of the property owner until condemnation procedures, if necessary,
have been completed.
CLEAN UP AND REPAIRING
The sewers shall be kept clean during the progress of the work and upon completion shall be
thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor
shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive
leakage of water into the sewers or any deviation from proper grade or alignment such as to make
the work, in the opinion of the Engineer, not consistent with first class work, shall be promptly
corrected by the Contractor at his own expense. All materials, tools, temporary structures and
excess excavation shall be maintained in a neat condition throughout the project and shall be
removed, cleaned, smoothed, graded and/or finished in a workmanlike maImer at the completion
of the work.
FINAL INSPECTION
When the Contractor considers that all work has been completed, he shall then notify the
Engineer who will carefully inspect all work and make such tests as to satisfy himself that every
provision of the Contract has been faithfully carried out. During this inspection, the Contractor
shall, at his own expense, make provisions for suitable drainage and maintenance.
MEASUREMENT
a. Stom1 Sewer Pipe
1) Pipe smaller than 18" in diameter either shall be measured in place from center to center
of manholes or structures or shall be measured in place from the connection to the new
collector pipe to the connection with the existing lateral pipe, as appropriate. The depth
of the cut shall be measured from ground surface at center line to pipe invert.
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19
2) Pipe 18" in diameter and greater in diameter (including all arch or elliptcal pipe) shall be
measured in place from outside face to outside face of structures or manholes. The
depth of the cut shall be measured from the ground surface at the centerline to the pipe
invert.
b. Manholes
The number of manholes to be paid for shall be the actual number of manholes, installed
complete, including the frame and cover and accepted.
c. Traps
Single-wing, double-wing, hood-back and gutter inlet: The quantity to be paid for under this
item shall be the actual number of each type installed, complete and accepted.
d. J unction Boxes
The number of junction boxes to be paid for shall be the actual number of junction boxes,
installed complete, including the frame and cover and accepted.
PAYMENT
a. General
No separate payment will be made for excavation, trenching, backfilling, testing, restoration
of property, clean-up, repairing or inspection or other items of work required to complete the
work except as itemized below for payment and all such costs shall be included in the
applicable contract unit price or lump sum bid items as set forth in the proposal.
b. Storm Sewer Pipe
Payment for each size and class of storm sewer pipe measured a specified above shall be
paid for at the contract unit price per linear foot for the various depths of cut as set forth in
the proposal.
c. Drainage Structures
Payment for headwalls, inlets, manholes, junction boxes and the like will be made on the
basis of the applicable unit prices as set forth in the proposal. This payment shall be
considered full compensation for all materials, excavation and backfill necessary to complete
the structure.
d. Tie to Existing Structure
The connection of new pipe to an existing drainage structure will be paid for on a unit price
basis as set forth in the proposal.
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01
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03
04
TECHNICAL SPECIFICATIONS
05
CONCRETE
CURB AND GUTTER
Concrete curb and gutter shall be placed in accordance with Section 441 of the Specifications of
the State Highway Department of Georgia, current edition and Supplemental Specifications.
SIDEWALKS
Concrete sidewalks shall be placed in accordance with Section 441 of the Specifications of the
State Highway Department of Georgia, current edition and Supplemental Specifications.
CONCRETE TEST
The Contractor shall obtain the services of an approved Testing Laboratory and submit copies of
test reports on all concrete poured.
Two (2) cylinders per 50 cubic yards of concrete poured and not less than two for each day's pOllr
shall be tested for 7, 14 and 28-day strength.
MEASUREMENT AND PAYMENT
a. Concrete Sidewalk:
Concrete sidewalk shall be measured in square yards and shall include costs for concrete,
installation, site preparation, fonnwork, and finishing. No additional payment shall be made
for these items.
b. Curb and Gutter:
Curb and gutter replacement shall be measured in linear feet and shall include costs for
concrete, installation, site preparation, fonnwork, and finishing. No additional payment shall
be made for these items.
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03
TECHNICAL SPECIFICATIONS
06
WATER DISTRIBUTION
SCOPE
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment, materials and appliances and in performing all operations in connection
with installation, testing and sterilization of under-ground pipe, valves, fittings and appurtenances
for the water distribution system, complete in strict accordance with this section of the
specifications and the applicable drawings and subject to the terms and conditions of the contract.
Any deviations from the plans (specs., materials and drawings) approved by the Planning and
Zoning Commission must be reviewed and approved in writing by the City Engineering
Department prior to beginning construction. Any installation made without approval shall be
removed at the contractor's expense.
NOTIFICATION
Authorization must be obtained from the Augusta Utilities Department to construct, alter or
modify a water line. Construction of water infrastructure will be authorized by the Utilities
DepaJ1ment upon approval of submitted plans and notification of the Augusta Utilities
Department at least 24 hours prior to starting construction (706-772-5503). Where water lines
will encroach public right-of-way, a Right-of-Way Encroachment Pennit approved by the Public
Works DepaJ1ment is required prior to construction. A Right-of-Way Encroachment Pern1it
application is available through the Public Works Department (706-821-1706).
SPECIFICATIONS (MATERIALS)
a. Water Main:
Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (PVC), or galvanized
pipe as outlined below. Any pipe, solder and flux used during installation of the water lines
and services must be "lead-free" with not more than 8% lead in pipe and fittings, and not
more than 0.2% lead in solders and flux.
DIP shall be centrifugally cast and shall conforn1 to A WW A C 150/ ANSI A21.50 (latest
version) for design and A WW A CI51/ANSI A21.51 (latest version) for manufacture. PVC
pipe 6 inch to 12 inch diameter shall conform to A WW A C900 (latest version). PVC pipe
14 inch to 36 inch diameter shall confonn to A WW A C905 (latest version).
For water mains 6" through 16", DIP Pressure Class 350 shall be allowed. For water mains
18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date),
Class 200, SDR-14 with cast iron equivalent O.D.s, gasket bell end with elastomeric gaskets
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shall be allowed for water mains 6" through 10" (solvent weld joints are not permitted).
Galvanized pipe shall be seamless, American made, Schedule 80 and shall conform with the
ASTM Specifications. Flanged DIP shall have threaded ductile iron flanges and shall
conform to the requirements of A WW A C 1 15 (latest version). All flanges shall be Ductile
Iron Class 150, ANSI B 16.5 (latest version). Flanges shall be flat faced and all joints shall
use 1/8 inch black neoprene full-faced gaskets.
Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement
lined in accordance with A WW A C 1 04/ ANSI A2IA (latest version). DIP shall have 1/16"
cement mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical
joint glands shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket
joints shall conform to A WW A C I I I / ANSI A2 1. I I (latest version), and shall be
fumished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall
be supplied with the pipe in sufficient quantities for installing the pipe. The lubricant shall
be approved by NSF for use with potable water mains.
Pipe classes designated previously in this standard are minimum allowed. Actual pipe class
shall be detem1ined based upon the installation and the use intended. Pipe shall be
appropriately labeled on the drawings. All PVC pipe for potable water service shall bear the
approved stamp of the National Sanitation Foundation. Copper wire (12 gauge, bare single
strand) shall be attached along the top of all buried PYC water lines, wrapped around service
corporations and stubbed up into all valves boxes for locating purposes.
1) DIP shall be required in the following circumstances:
a) Within 10 feet of sanitary and stonn pipes.
b) Within 15 feet of structures (near side of concrete footing), or top of bank of
lakes/streams/creeks.
c) Crossings over or under sewers, gas and storm pipes with less than 18 inches
separation, with no joint allowed within 10 feet of crossing.
d) Beneath all paved areas, excluding driveways or sidewalks.
e) Within project boundaries of subdivisions with private roads where the Utilities
Department will take over the line for operations and maintenance.
f) Along all state right-of-ways.
2) The Utilities Director may mandate DIP in any instances of off-site or on-site
constmction where future abuse to the line is possible due to location or circumstances.
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3) Restrained Joints shall be DIP as follows:
For 12-inch and Smaller - Restrained joint shall be U.S. Pipe Field Lok, American
Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product.
For 14-inch Diameter and Larger - Restrained joint shall be U.S. Pipe TR Flex,
American Ductile Iron Pipe Lok-Ring, or equivalent product.
If inserting in older cast iron pipe, the restrained joint shall be as approved by the
Augusta Utilities Department.
Retainer Glands/Mega-Lug shall not be considered a fitting.
The restraint method shall be suitable for the pipe size thickness and test pressure as
required for the specified design case. The plans shall indicate the restrained length of
pipe each side of the fittings.
b. Water Service Lines
No direct service taps shall be allowed. All service line taps shall be supplied with
corporation stops. Service line tubing shall be rolled of soft continuous and seamless copper
Type K conforming to A WW A C800 and ASTM B-88 (latest version).
Corporation Stops and Main Connectors:
3/4" FB600 - 3 Ford or Equal
1" FB600 - 4 Ford or Equal
Taper Thread Inlet by Flare Copper Outlet
Eighth Bends:
3/4" LA02 - 33 Flare 1/8 Bend
3/4" LA04 - 33 Compression 1/8 Bend
1" LA02 - 44 Flare 1/8 Bend
1" LA04 - 44 Compression 1/8 Bend
Minimum size for residential use shall be one (I) inch. The service line shall be laid in a
straight line and be of a continuous piece of pipe from corporation to curb cock. The curb
cock shall be located 6 inches behind and 8 inches below the top of new curb or edge of
asphalt. Where service connects to DIP or any pressure-rated pipe, service saddles must be
used. Brass double strap tapping saddles shall be used. U-bolt type straps are not
acceptable. All water service taps on the main shall be spaced at a minimum distance of 18
inches apart and a minimum of 18 inches from a bell or fitting. If two or more taps are
required at a minimum spacing, they shall be offset 450 alternatively. Services greater than
one (1) inch shall be seamless galvanized. 2" services shall have two 2" 90-degree
galvanized elbows per Augusta Utilities' 2 Inch Water Service detail.
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Services shall not exceed over 100 feet ftom the main to the meter. Where possible, meter
shall be placed in unpaved area as close to the water main as possible.
C. Valves
Valving of all water distribution systems 'shall be designed to facilitate the isolation of each
section of pipeline between intersections of the network. Generally, the number of valves at
an intersection shall be one less than the number of pipes forming the intersection. Gate
valves, 4 inches to 12 inches, shall be the resilient seat type conforming toA WW A C509
(latest version). Valves larger than 12 inches shall be gear operated butterfly valves, con-
forming to A WW A C504 (latest version). Wafer valves shall not be accepted. Valves shall
generally be installed at intervals of not more than 2,000 LF on transmission mains and on
all primary branches connected to these mains. Where possible, a valve shall be installed
next to a fire hydrant for locating purposes. In high density areas (25 dwelling units), valves
shall be installed as necessary to minimize the number of persons affected by a water main
break.
The Utilities Director shall determine which mains are distribution or transmission.
Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RIGHT
if installed north of Gordon Highway. Valves shall be provided with valve stem extensions
to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet.
d. Valve Boxes
Valve boxes shall be M&H E-2702, Mueller HI0364 or approved equal. Each valve box
shall be slip-type to adjust for a minimum cover of 36" bury. The flanged base of the valve
box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller.
Extension pieces will be required for additional depth over valves. Extensions shall be
M&H E-3120 or Mueller H-I 0375. Covers shall have "WATER" cast on top.
e. Meter Boxes
Meter boxes shall be Rome type, 10" x 19" x 10" cast iron box and lid. The top shall have
cast ribs on the bottom side with four (4) legs to prevent sliding movement. The box shall
have a minimum weight of 3 7 Ibs., for meters 1 1/2 inch or smaller. Meter and curb stop shall
be fully encased by the meter box. Meter vaults (for meters 2 inch and larger) shall be
fabricated of masonry block or pre-cast reinforced concrete using 3,000 psi concrete and #4
rebar. The access hatch shall be made of heavy duty aluminum, and shall be hinged and
lockable. The hatch shall be large enough for removal of the meter but no smaller than 48" x
36". Wall dimensions shall allow 2 feet of working clearance. Vault floors shall be no less
than 4 inches thick with 3,000 psi concrete and #4 rebar, with the meter located no less than
18 inches off the floor.
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f. Fire Hydrants
Fire hydrants shall be provided in all water mains, transmission and distribution systems.
Accepted models are Mueller #A-24018, M&H Figure 29T A WW A Compression Type-Dry
Top-Traffic Model 150 psi working pressure, 300 psi testing pressure. Kennedy K81 D will
also be accepted. All fire hydrants shall be ordered safety yellow body with white bonnet
and caps. Fire hydrants shall be spaced such that the radius of protection will not be more
than 500 feet. In certain areas, closer spacing may be required by the Fire Marshal.
Each hydrant shall be left turn opening and capable of delivering a flow of at least 500
gallons per minute with a residual design pressure of not less than 20 psi, or a higher flow as
required by the Fire Marshal. Multiple fire hydrants with looped mains and/or larger main
sizes may be required to provide water for higher flow demand. Flow tests shall be
performed to verify the specified fire flow demand.
Fire hydrants shall be of the dry barrel break-away type conforn1ing to A WW A C502 (latest
version), with two 2-1/2 inches threaded hose nozzles and one 4-1/2 inch threaded pumper
nozzle. Hose and pumper nozzle threading shall be national standard. Show connection
shall be 6-inch mechanical joint. The center line of the nozzles shall be 18 inches above the
finish grade. Hydrants shall have a 5-1/4inch interior valve opening and be restrained from
hydrant to tee at the main. At the discretion of the Utilities Director, additional protection
for fire hydrants shall be provided including but not limited to concrete filled ductile iron
traffic posts.
Fire hydrant branches (from main to hydrant) shall be a minimum of 6 inches ill. Each
branch shall be provided with a resilient seat gate valve located as close as possible to the
main. Hydrants shall be located at or near road right-of-way lines with pumper nozzle
pointing toward the road. A clear zone around all fire hydrants shall be adhered to,
consisting of a 5 foot radius around the hydrant and 7 feet above the top of the hydrant.
Maintain 15 feet minimum from hydrant to all structures. Placement of landscaping,
fencing, etc. shall be considered in order to meet this clear zone requirement.
List of Specifications:
ANSI! A WW A C500-93 1993 or latest version
Metal-Seated Gate Valves for Water Supply Service (includes addendum C500a-95
ANSI! A WW A C502-94 1994 or latest version
Dry-Baffel Fire Hydrants (includes addendum C502a-95)
ANSI! A WW A C503-97 1997 or latest version
Wet-Barrel Fire Hydrants
ANSI! A WW A C504-94 1994 or latest version
Rubber-Sealed Butterfly Valves
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04
05
ANSI! A WW A C507 -99 I-DEC-1999 or latest version
Ball Valves 6 in. through 48 in. (150 mm through 1200 mm)
ANSI! A WW A C508-93 1993 or latest version
Swing-Check Valves for Waterworks Service, 2 in. (50 mm) through 24 in. (600 mm)
NPS (includes addendum C508a-93
ANSI! A WW A C509-94 1994 or latest version
Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95)
ANSI!A WW A C550-94 1990 or latest version
Protective Epoxy Interior Coating for Valves and Hydrants
I. Tapping Sleeves
Tapping sleeves and tapping crosses shall be of a heavy body ductile iron, mechanical joint
suitable for a working pressure of 150 psi for sleeves and crosses larger than 14-inch (200
psi for sleeves and crosses equal to or less than 14-inch), as approved by the Augusta
Utilities Department.
EXCA V A TION, TRENCHING AND BACKFILLING
Excavation, trenching and backfilling shall be in accordance with Section, "Excavation,
Trenching and Backfilling".
INSTALLATION
a. General
Installation of pipe, valves, fittings and appurtenances shall be in accordance with the
applicable provision of the specified sections of the following specifications. Minimum
cover over top of pipe shall be 36 inches or as indicated on plans. A horizontal separation of
at least 10 feet must be maintained between the water main and the existing or proposed
sewer. When water mains cross sewers, a minimum vertical separation of 18 inches must be
provided between the two (2) pipes (measured edge to edge). At crossings, one full length of
water pipe must be located so that both joints are as far from the sewer as possible.
I. Iron Pipe - A WW A specifications C600-64. Installation of cast iron water mains,
Sections 7, 9b through 13.
2. PVC Pipe - Same as above for iron pipe. 14 gauge copper wire will be buried above the
pipe and wrapped around valves and fittings to insure continuity.
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b. Water Meter Service
1. Taps
Taps shall be made on the upper half of the water main at angle of 45 degrees from
vertical. The trench for the service line shall be excavated to a depth which will insure a
minimum cover of 30 inches below finished grade. The new copper line shall be laid in
a straight line insofar as possible from the corporation cock to the curb cock. The curb
cock shall be located 12 inches behind the back and 8 inches below the top of the new
curb or raised edge asphalt. A plan oftypical water meter services is incorporated in the
plans. Service taps on mains in subdivisions shall be made so that service lines will be
located in the center of proposed lots.
2. New Water Meter Service on New and Existing Mains
A new water meter service shall consist of the following:
(a) 1" tap in water main and double-strapped tapped saddle if on PVC pipe.
(b) 1" corporation cock installed in main.
(c) 1" main connector, optional.
(d) 1" copper tubing from main connector.
(e) 1" service ell.
(f) 1" curb cock.
Refer to Section TS-06, Page 6 of these specifications on material.
3. Meter Service Renewal on Existing Main
Meter service renewal shall consist of relocating the existing meter and box to location
shown on the plans or as directed by the City Engineer; installing a new 1" copper line
with required fitting and adapters from the existing corporation cock in water main to
the water meter; reconnecting the water meter to existing house service with pipe and
fitting of same size and type as existing house service, complete.
4. Water Meter Service Adjusted
Where a conflict exists between the existing meter services and the new curb and gutter,
etc., the contractor shall adjust grade and make extension as required using existing pipe
and fitting or furnishing new pipe and fitting of same and materials as existing as
required.
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5. Extending Services
Existing copper services, at the discretion of the Inspector, can be extended by using 4
copper to copper couplings. All new material (service ell, curb cock and copper) shall
be used and shall be of equal size to the existing service to be extended.
c. Valves
Before setting each valve, make sure the interior is clean and test opening and closing. Set
valves and stops with stems plumb and at the exact locations shown. Valve and service
boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a
distance of 3 feet on all sides of the boxes. Tap connection to existing mains shall be kept
closed until after the line is tested, sterilized, flushed, and accepted for service.
d. Fire Hydrant and Laterals
Before setting, remove foreign material from barrel and test for opening and closing. Set
hydrant pump with hose nozzles 18 inches above finished grade and 24 inches behind the
curb. The hydrant shall be set at a height so that the backfill or final grading will be at the
bury line. The fire hydrant shall be set a minimum of 3.0 ft. from any tree, power pole, fence
or structure. All laterals from main to hydrant location shall be cast iron or ductile with 6"
M. 1. Valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from
the balTeI. Tie rods, concrete and retainer glands shall be used for blocking. After
installation, all hydrants shall be given a touch-up coat of paint and two (2) field coats of
high grade paint of the color specified by the City Engineer.
e. Reaction Blocking
All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction
blocking as shown on the drawings. Reaction blocking shall be made to bear directly against
the undisturbed trench wall. Where trench conditions are, in the opinion of the Engineer,
unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately anchor
the piping as shown on the drawings. All the rods and clamps shall be given a bituminous
protective coating.
f. Water Mains Cut and Plugged
After new main and services have been installed, sterilization test completed and meters
connected, existing water mains will be cut and plugged as directed by the City Engineer.
g. Water Mains cut and Plugged
The Contractor shall cut and plug existing water mains where shown on the plans or required
for the installation of new work, using a plug, cap or solid sleeve, as directed by the City
Engineer, complete with reaction blocking.
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06
07
08
h. Tapping Sleeve and Valve
The Contractor shall install a tapping sleeve and valve of proper size and type on the existing
water main, tap main and install valve box. The outside of the tapped main shall be cleaned
just prior to installation of the tapping sleeve. (Refer to Section 03, para. i.)
CLEANING AND FLUSHING
Upon completion of installation, the mains shall be flushed and the water disposed of without
creating a nuisance. Flushing must achieve a minimum water velocity of2.5 fps in all portions of
the pipe. The duration of the flushing will be determined by the Augusta Utilities Department's
Inspector. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficient
water available for proper flushing, the Contractor shall clean the lines by pigging. No flushing
or cleaning shall take place without an Augusta Utilities representative present. The existing
mains that the new mains are connected to may be required to be flushed under the direction of
the Augusta Utilities Department when service is restored.
TESTING AND STERILIZATION
All water mains shall be leak tested. The Contractor/Developer shall provide all equipment,
materials and labor necessary for pressure and leak testing. This test mllst be observed by an
Augusta Utilities Department representative and the design engineer. A pumping pressure of 200
psi must be supplied at the expense of the Contractor/Developer. The main tested shall either be
isolated from active potable lines or protected from leakage by a double valve aJTangement. All
water used for pressure testing must be potable water with an adequate chlorine residual. Water
lines shall be tested by valve sections. Maximum allowable leakage shall be as determined in
accordance with current A WW A speci fications. The standard duration of test is four (4) hours.
Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any
portions of the main which fail the test shall be replaced or adjusted until the entire new main
passes the test criteria. The pressure and leakage test shall be done concllrrently.
"DRY BORE AND JACK" METHOD
a. Materials
1. Casing Pipe
The casing pipe shall conform to the materials standard of ASTM Designation A252,
with minimum wall thickness of 0.219 inch. Steel pipe will have a minimum yield
strength of 35,000 psi. Casing pipe shall be joined together with welded joints.
2. Carrier Pipe
Carrier pipe shall be restrained joint DIP.
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10
Casing pipe used with jack and bore shall be in accordance with requirements of the
Georgia Department of Transportation (GDOT) or railway specifications and Section
14C Excavation & Backfilling of these specifications.
3. Installation
The steel casing shall be installed by the "Dry Bore and Jack" method. Ifvoids shall
develop or if the bored hole diameter is greater than the outside diameter of the pipe by
more than approximately one (1) inch, remedial measures will be taken as approved by
the City Engineer.
When installing water line through casing, the Contractor shall use mechanical joint pipe
with retainer glands throughout length of casing. The water main shall be strapped to
8-foot long treated wooden skids with metal straps throughout length of casing. The
ends of the casing shall be sealed with brick and mortar.
SAL V AGE MATERIAL
All existing pipe, fittings, valve boxes, etc., removed during installation of water system
improvements and not reused on the job shall be delivered to Waterworks Operations
Department, 2822 Central Avenue and placed at location directed by the City Engineer.
MEASUREMENT AND PAYMENT
a. Piping:
All piping line items shall be measured in linear feet and shall include costs for piping and
installation, trench excavation, trench box, dewatering, asphalt cutting, norn1al joints and
gaskets, and nonnal backfill. No additional payment shall be made for these items.
b. Jack and Bore:
Jack and bore line items shall be measured in linear feet and shall include costs for piping
and installation, blasting, asphalt cutting, nonnal joints and gaskets, and normal backfill. No
additional payment shall be made for these items.
c. Miscellaneous Pipe Fittings:
Miscellaneous pipe fittings and connections shall be measured in pounds and include costs
for all fittings and installation except normal joints and gaskets regardless of material. No
additional payment shall be made for these items.
d. Fire Hydrants:
Fire hydrants shall be measured individually (each) and shall include costs for hydrants, soil
surface preparation, connection to water main, all associated valves and fittings, concrete pad
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(if required), excavation, asphalt/concrete cutting, installation, normal backfill, and testing.
No additional payment shall be made for these items.
e. Valve Lines:
All valve line items shall be measured individually (each) and shall include costs for valves,
valve boxes/vaults, valve extensions, excavation, dewatering, asphalt/concrete cutting, all
associated fittings, installation, normal backfill, and testing. No additional payment shall be
made for these items.
f. Tapping Sleeve and Valves:
Tapping sleeve and valves shall be measured individually (each) and shall include costs for
sleeve, valve, associated hardware, temporary plugging/draining of pipeline, excavation,
dewatering, asphalt/concrete cutting, installation, normal backfill, and testing. No additional
payment shall be made for these items.
g. Water Service Connections:
Water service connections shall be measured individually (each) and shall include costs for
piping, water meter connection, dewatering, asphalt/concrete cutting, installation, norn1al
backfill, and prope11y restoration. No additional payment shall be made for these items.
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01
02
03
04
05
TECHNICAL SPECIFICATIONS
07
BITUMINOUS PAVING
SCOPE
This section covers a bituminous tack coat, leveling course and a hot asphaltic concrete surface
course, complete.
REFERENCE
All reference sections and articles refer to Department of Transportation, State of Georgia,
Standard Specifications, Construction of Roads and Bridges, 1993 Edition and all Supplemental
Specifications.
CLEANING AND EXISTING SURFACE
Before beginning the application of any hot mix asphaltic concrete pavement, the existing surface
shall be cleaned and free of all surface dust and all other loose and foreign materials which would
keep the bituminous material from adhering to the base.
LEVELING COURSE
After cleaning has been completed, leveling course shall be applied in areas designated by the
Engineer. The asphalt concrete leveling course shall be Type "G" in accordance with Department
of Transportation Specifications. Water valves, manholes, etc., shall then be raised as required to
receive surface course.
a. Material and Construction
Material and construction shall conform to requirements of Section 400.05.4 of Georgia
Department of Transportation Specifications.
BITUMINOUS TACK COAT
a. Material and construction shall conform to requirements of Section 413 of Department of
Transportation Specifications.
b. Quantity per square yard: .06 gal. per square yard.
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ASPHALT CONCRETE SURFACE COURSE
The asphalt concrete surface course shall be "E" mix and of2" compacted thickness, or match the
existing surface thickness (compacted).
a. Materials
The materials to be used shall be in accordance with the following sections of the Georgia
Department of Transportation Specifications:
Asphalt Cement
Section 820- Table 820-1
Coarse Aggregate for Asphaltic Concrete Section 802.02
Fine Aggregate for Asphaltic Concrete
Section 802.01
Mineral Filler
Section 883
b. Application
Apply asphalt concrete surface course in accordance with applicable requirements of Section
400 of the Georgia Department of Transportation Specifications. Mill existing pavement as
necessary to provide positive drainage to gutters and corresponding catch basins/curb inlets
in accordance with applicable requirements of Section 441 of the Georgia Department of
Transp0l1ation Specifications.
TESTS
The Contractor will be required to fumish all necessary samples of material for testing to
demonstrate confonllance to these specifications. The City will engage the Department of
Transportation to make all tests, which reports will detennine the suitability of the material.
Samples of the plant mix will be taken during the course of construction.
MEASUREMENT AND PAYMENT
a. Asphalt Overlay
Asphalt overlay shall be measured in tons and shall include costs for asphalt materials and
installation, striping (both temporary and permanent), and markers (both temporary and
pennanent). No additional payment shall be made for these items.
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c. Concrete Roadway Cap and Asphalt Patch
Concrete roadway cap and asphalt patch shall be measured in square yards and shall include
costs for concrete, asphalt, installation, excavation, striping (both temporary and permanent),
and markers (both temporary and permanent). No additional payment shall be made for
these items.
d. Aggregate Base and Asphalt Patch
Aggregate base and asphalt patch shall be measured in square yards and shall include costs
for all aggregates (regardless of type), asphalt, installation, excavation, striping (both
temporary and permanent), and markers (both temporary and permanent). No additional
payment shall be made for these items.
e. Bituminous Tack Coat
Bituminous Tack Coat shall be measured in gallons and shall include costs for material and
installation.
f. Milling
Milling shall be measured in square yards and shall include all materials, labor, equipment
and material removal and disposal costs. No additional payment shall be made for these
items.
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02
03
TECHNICAL SPECIFICATIONS
08
FLOW ABLE FILL
01
SCOPE
The work covered by this section of the specifications consists of furnishing all labor, equipment,
appliances, and materials, and in performing all operations in connection with the installation of
flowable fill work, complete, in strict accordance with this specification and the applicable
drawings, and subject to the terms and conditions of the Contract. Prior to the use of flowable
fill, approval must be obtained by the City/County Engineer in writing, on a case by case basis.
FLOW ABLE FILL MIX DESIGN
The mixes fall into the categories of "very flowable" and "less flowable," which is controlled by
the amount of water that is added. The less flowable mix should be used when it is desirable to
put traffic back on a roadway quickly (usually 8 to 10 hours) or when being used to backfill pipes
which could "float" out of position due to the buoyant effect of the very flowable fill mix. This
mix will still self-consolidate around pipes without any "honeycomb" areas. Adding water to
flowable fill to obtain the desired plastic characteristics will not compromise the quality of the
hardened flowable fill.
Less Flowable Mix (Mix 1)
Weights
Min. 50 Ibs.
Min. 600 lbs.
SSD 2500 Ibs.
55 gal. 458 lbs.
Total Cubic Feet =
Reference
ASTM C 150, Type I or II
AI,3TM C618, Class C
Volume
Cement
Fly Ash
Sand
Water
0.25
4.24
15.17
7.34
27.00
Clean, potable, < 500 ppm chlorides
Above values are based on specific gravities - cement 3.15, fly ash 2.27, sand 2.64, and water 1.00.
Anticipated unconfined compressive strength is 80 psi at 28 days and 150 psi at 56 days.
INSTALLATION OF FLOWABLE FILL
The trench shall be prepared and the pipe joints placed as norn1al. There should be at least 6 inches
of flowable fill above any utility line. Once the pipe is covered, it will be sufficiently anchored and
water may be added to the remaining flowable fill to ease placement without danger of floating the
pipe. If it is important to quickly return traffic to the roadway, the flowable fill mixture shall not be
altered by the addition of water.
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04
The flowable fill may be discharged directly from the ready-mix truck into the space to be filled, or
by other methods approved by the Utilities Department representative. The mix may be placed in
part depth or full depth as conditions at the site dictate. Formed walls or other bulkheads shall be
constructed to withstand the mounded soil rather than wood or metal forms. When backfilling
utility lines, flowable fill shall be distributed evenly to prevent any movement of the line.
,
The material is self-consolidating and there is no need to use vibrators. Finishing can be
accomplished with a square shovel if the fill surface is at the bottom of pavement or with a wood
float if the surface will be temporarily used as a finished surface.
Once flowable fill is in the trench, the self-consolidating material displaces the extra water not
needed for maximum density. Provision shall be made for this 'bleed water" to run off and away
from the surface of the hardening flowable fill (use of vapor barriers such as plastic sheets is not
desired). The material will usually support foot traffic within an hour after the bleeding ends.
Typically, full traffic can be allowed on the hardened flowable fill within 8 to 20 hours (depending
on site conditions, volume to be backfilled, etc.) without damage to the fill or any structures below.
If it is necessary to return traffic in less than 8 hours or ifthere is concern that traffic flow will 'rut'
the hardening flowable fill, steel plates shall be used to bridge over the hardening flowable fill as
directed by the Utilities Department representative. If the filled cavity is too wide to bridge, steel
plates shall be placed on top of the hardening flowable fill as soon as it is able to support foot
traffic (one hour after bleeding ends), and full traffic can be allowed without damage to the fill or
the structure below.
As the extra water is displaced from the consolidating flowable fill, there will be an initial
subsidence of about one-eighth (1/8) of an inch per vel1ical foot. Once the flowable fill hardens,
there will be no future settlement. The hardened flowable fill can be shaped to grade the next day
to allow the patch thickness required. The patch may be applied directly to the cured flowable fill.
It will be the responsibility of the Contractor to furnish the necessary inforn1ation to obtain
approval of the mix design and to use the necessary construction techniques to assure that the
finished material will perform as intended.
MEASUREMENT AND PAYMENT
a. Flowable Pill:
Flowable fill shall be measured in cubic yards and shall include costs for all materials, labor,
equipment, and excess materials. No additional payment shall be made for these items.
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01
02
03
TECHNICAL SPECIFICATIONS
09
FINISH GRADING AND GRASSING
SCOPE
Work under this section shall consist of finish grading, fertilizing and grassing the construction
area and other areas disturbed by the Contractor's operations, complete in strict accordance with
this section of the specifications and the applicable drawings and subject to the terms and
conditions of the contract.
FINISH GRADING
Finish grading shall consist of finishing off to a uniformly smooth surface free from abrupt
irregular surface changes, all areas disturbed by Contractor's operations within the permanent and
temporary easement area. The degree of smootlmess shall be that ordinarily obtainable from
power grader operation. The finished surface shall not be more than 0.25 feet above or below the
established grade. There shall be no roots, wasted building material, trash or other unsightly
matter projecting through or visible at the surface.
SODDING
All areas disturbed by the Contractor's operations shall be sodded. Sod shall be nursery grown
and be of the same species of grass as the adjoining area.
a. Topsoil
Topsoil where required is to be provided by the Contractor. It shall be a sandy loam with a
dark gray to grayish brown color and very friable. It shall have a minimum organic content
of one percent, a pH at 4.5 to 6.0 and be taken from the top 12 inches of its site location.
The soil shall be free of subsoil, brush, weeds, stones, roots, stumps or any other substance
that might ham1 plant growth.
The assistance of the local agricultural agent is recommended.
b. Fertilizer
Fertilizer shall be of a mixture recommended for the species of sod, commercially mixed,
conforming to the fertilizer laws of the State of Georgia. Application shall be in accordance
with the manufacturer's recommendations.
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c. Watering Sod
Watering shall be started immediately after completing each day of sodding. Water shall be
applied at a rate sufficient to ensure moist soil conditions to a minimum depth of one inch.
Run-off and puddling shall be prevented.
PROTECTION
Newly graded and sodded areas shall be protected from the action of the elements and any
settlement or washing that may occur from that or any other cause prior to acceptance of the work
shall be repaired and grades re-established to the required elevation and slopes at the Contractor's
expense.
MAINTENANCE
Maintenance of the sodded areas shall be furnished under this contract for a period of sixty days
after the completion of the work. Sodding shall be required where previous planting did not grow
at the Contractor's expense.
MEASUREMENT AND PAYMENT
a. Sod:
Sod shall be measured in square yards and shall include costs for materials, installation,
transportation, and stockpiling. No additional payment shall be made for these items.
b. Grassing:
Grassing shall be measured in acres and shall include costs for both temporary and
permanent grass seed (type as specified), installation, soil stabilization, and soil amendments
(fertilizer, etc.) as required. No additional payment shall be made for these items.
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