HomeMy WebLinkAboutLovers Lane Water Main ans Sewer Sanitary Extention Project
Augusta Richmond GA
DOCUMENT NAME: LD ve y '5> L-.o..-he. Wcle Jr f'-1c::L\' ()
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DOCUMENT TYPE: Co n \-rLJ\Ci-
YEAR:
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BOX NUMBER: ~
FILE NUMBER: I 3 '6' ~
NUMBER OF PAGES:
110
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CONTRACT DOCUMENTS
for
and
TECHNICAL SPECIFICATIONS
LOVER'S LANE WATER MAIN
AND SANITARY SEWER
EXTENSION PROJECT
Project Reference #98-144
Prepared For:
Augusta-Richmond County Commission
530 Greene Street, Room 701
Augusta, Georgia 30911
(706) 821-1706
Prepared By:
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, Georgia 30901
(706) 722-4114
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July 14, 1998
PROJECT:
BID ITEM NO.:
BID DUE:
Lover's Lane Sanitary Sewer Extension Project
98-144
July 30, 1998 (3:00 p.m.)
ADDENDUM NO.3
Lover's Lane Sanitary Sewer Extension Project
The scope of work for the Lover's Lane Sanitary Sewer Extension Project has been revised to include the
installation of a 12" water main along Columbia Nitrogen Road. Please make the following changes to
the plans and specifications:
1. Destroy design plans dated May 5, 1998, and Replace with new design plans dated May 5, 1998,
revised July 9, 1998.
2. Replace the Invitation for Bids with new Invitation for Bids dated July 14, 1998.
3. Replace Proposal page No.2 (revised) with Quantity Takeoff sheet dated July 14, 1998.
4. Please acknowledge receipt of Addendum No.3 along with your Bid quote.
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July 7, 1998
PROJECT:
BID ITEM NO.:
BID DUE:
Lover's Lane Sanitary Sewer Extension Project
98-144
July 30.1998 (3:00 p.m.)
ADDENDUM NO.2
Lover's Lane Sanitary Sewer Extension Project
1. CHANGE bid date and time on the Invitation for Bids and the Information for Bidders (IFB 1)
sheets for the Lover's Lane Sanitary Sewer Extension Project as follows:
Previson Date: Wednesday, July 15, 1998 New Date: Thursday, July 30,1998
Previous Time: 11 :00 a.m. New Time: 3:00 p.m.
2. Please acknowledge receipt of Addendum No.2 along with your Bid quote.
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PROJECT:
BID ITEM NO.:
BID DUE:
Lover's Lane Sanitary Sewer Extension Project
98-144
July 15, 1998 (11:00 a.m.)
ADDENDUM NO.1
Lover's Lane Sanitary Sewer Extension Project
1. REPLACE Page 2 of Proposal (Bid Tabulation) with attached revised Page 2 (Addendum #1)
dated July 2, 1998
2. Please acknowledge receipt of Addendum No. 1 along with your Bid quote.
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Iitk
Invitation for Bids
Information for Bidders
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Technical Specifications:
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
INDEX FOR CONTRACT DOCUMENTS
~
1
1-3
1-4
1-2
1-2
1-2
1-2
1-33
1-5
Clearing & Grubbing
Excavation, Trenching & Backfilling
Grading
Sanitary Sewer and Appurtenances
Storm Sewer and Appurtenances
Water Distribution
Concrete
Concrete Curb & Gutter
Bituminous Paving
Finish Grading and Grassing
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INVITATION FOR BIDS
SEALED BIDS for the construction of approximately 1, 167 linear feet of 8 inch sanitary sewer and
appurtenances and 8 linear feet of 8 inch water main, 16 linear feet of 10 inch water main, and 4,081
linear feet of 12 inch water main and appurtenances, hereinafter referred to by project name as:
BID ITEM #98-144 Lover's Lane Water Main and Sanitary Sewer Extension
will be received at this office until 3:00 p.m., Thursday, July 30, 1998.
Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER
at the offices of:
Geri A. Sams
The Augusta-Richmond Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
Copies of the Contract Documents may be examined during regular business hours at the offices of:
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, Georgia 30901
Augusta-Richmond Purchasing Department
530 Greene Street, Room 605
Augusta, Georgia 30911
Copies may be obtained at the office of W. R. Toole Engineers, Inc. upon payment of $125.00
(NON-RETURNABLE) for each set.
A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's
qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award.
The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item Number on the outside of the envelope.
It is the wish of the Owner that minority business be given the opportunity to bid on the various parts
of the work. This desire on the part of the Owner is not intended to restrict or limit competitive
bidding or to increase the cost of the work. The Owner supports a healthy free market system that
seeks to include responsible businesses and provide ample opportunity for business growth and
development
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
June 16, 22, 30 & July 8, 1998
June 18, 1998
7/14/98
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INFORMATION FOR BIDDERS
Bids will be received by the Augusta-Richmond County Commission (herein called the II OWNER "),
at the office of the Purchasing Department until 3:00 p.m., Thursday. July 30. 1998, and then at
said office publicly opened and read aloud.
Each bid must be submitted in a sealed envelope, addressed to the Augusta-Richmond County
Commission, Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid
must be plainly marked on the outside as bid for Lover's Lane Water Main and Sanitary Sewer
Extension Bid Item #98-144 and the envelope should bear on the outside the name of the bidder, his
address and his license number, if applicable. If forwarded by mail, the sealed envelope containing
the bid must be enclosed in another envelope addressed to the Augusta-Richmond County
Commission, c/o Purchasing Department, Room 605, Municipal Building, Augusta, Georgia 30911.
All bids must be made on the required bid form. All blank spaces for bid prices must be filled in,
in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only
one copy of the bid form is required.
The OWNER may waive any informalities or minor defects or reject any and all bids. Any bid may
be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder may
withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons
why the contract cannot be awarded within the specified period, the time may be extended by mutual
agreement between the OWNER and the bidder.
Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by
examination of the site and a review of the drawings and specifications including addenda. After bids
have been submitted, the bidder shall not assert that there was a misunderstanding concerning the
quantities of work or of the nature of the work to be done.
The Contract Documents contain the provisions required for the construction of the project.
Information obtained from an officer, agent or employee of the OWNER or any other person shall
not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the
conditions of the Contract.
Each bid must be accompanied by a bid bond payable to the OWNER for ten percent of the total
amount of the bid. As soon as the bid prices have been compared, the OWNER will return the bonds
of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the
remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be
retained until the payment and performance bond have been executed and approved, after which it will
be returned. A certified check may be used in lieu of a bid bond.
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A performance bond and a payment bond, each in the amount of 100 percent of the contract price,
with a corporate surety approved by the OWNER, will be required for the faithful performance of
the contract.
Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each
bond a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain the
performance bond and payment bond within ten calendar days from the date when notice of award
is delivered to the bidder. The notice of award shall be accomplished by the necessary Agreement
and bond forms. In case of failure of the bidder to execute the Agreement the OWNER may at his
option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall
become the property of the OWNER.
The OWNER within ten days of receipt of acceptable performance bond, payment bond and
Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and
return to such party an executed duplicate of the Agreement. Should the OWNER not execute the
Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement.
Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.
The notice to proceed shall be issued within ten days of the execution of the Agreement by the
OWNER. Should there be reasons why the notice to proceed cannot be issued within such period,
the time may be extended by mutual agreement between the OWNER and Contractor. If the notice
to proceed has not been issued within the ten day period or within the period mutually agreed upon,
the Contractor may terminate the Agreement without further liability on the part of either party.
The OWNER may make such investigations as he deems necessary to determine the ability of the
bidder to perform the work and the bidder shall furnish to the OWNER all such information and data
for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the
evidence submitted by or investigation of such bidder fails to satisfy the OWNER that such bidder
is properly qualified to carry out the obligations of the Agreement and complete the work
contemplated herein.
A conditional or qualified bid will not be accepted.
A ward will be made as a whole to one bidder.
All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over
the construction of the project shall apply to the contract throughout.
Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with
the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in
no way relieve any bidder from any obligation in respect to his bid.
IFB-2
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The low bidder must supply the names and addresses of major material suppliers and subcontractors
when requested to do so by the OWNER.
Inspection trips for prospective bidders will be conducted by the OWNER if requested in writing by
the bidder. Such request shall be directed to the Augusta-Richmond County Utilities Department
Director by the bidder.
The Engineer is W. R. Toole Engineers, Inc.
IFB-3
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PROPOSAL
for
LOVER'S LANE WATER MAIN AND
SANITARY SEWER EXTENSION
The Augusta-Richmond County Commission
Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned, as bidder, herein referred to a singular and masculine, declares as follows:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents
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 Augusta-Richmond
County Utilities Department, carries no guarantee expressed or implied, as to its completeness
or accuracy and he has made due allowances 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 the Proposal is accepted he will contract with the Augusta-
Richmond County Commission-Council, to furnish all machinery, tools, apparatus and other means
of construction and to do all work and furnish materials called for in accordance with the requirements
of the Director of the Augusta-Richmond County Utilities Department and the true intent of the
Contract Documents and that he will take in full payment for each item of work, thereof, the unit or
lump sum price applicable to that item as stated in the schedule below.
(NOTE: Bidders must bid on each item.)
P-l
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I WATER MAIN / SAN IT ARY SEWER EXTENSION Addendum #3
LOVERS LANE @ ROCK TENN SITE Bid Item #98-144
T.E. JOB # 98014
I QUANTITY TAKEOFF 7/14/98
0 .,,',"ih,,:'" ,',,'" "" .', ">,4.IU.Jl'lit. GlWSrlflt'ic'1UhltG'o$t' :!f;;, ] Tbtatl:lost .' .
I Water Main (Site #1)
10. Gate Valve with Plug EA 1 $ 781.66 $ 761.66
12" Gale Valve EA 2 $ 869.15 $ 1.738.30
12" Gate Valve with Plug EA 1 $ 937.21 $ 937.21
I 8. X 8. Tapping Sleeve I Valve Assembly EA 1 $ 1,900.45 $ 1,900.45
12. X 10" Tapping Sleeve I Valve Assembly EA 1 $ 2,990.40 $ 2,990.40
12" X 6. Tee EA 1 $ 194.18 $ 194.18
12. X 10" Tee EA 1 $ 224.70 $ 224.70
I 12. X 12" Tee EA 1 $ 233.10 $ 233.10
8. X 12" Reducer EA 1 $ 134.03 $ 134.03
10. X 12" Reducer EA 1 $ 143.31 $ 143.31
8. Water Main LF 8 $ 15.23 $ 121.84
I 10. Water Main LF 16 $ 17.58 $ 281.28
12. Water Main LF 1666 $ 20.20 $ 33,653.20
Fire Hydrant. with Valve Assembly EA 1 $ 1,762.60 $ 1,762.60
Water Main (Site #2)
I 12" X 6. Tee EA 2 $ 194.18 $ 388.36
12" X 12" Tee EA 1 $ 233.10 $ 233.10
12" Gate Valve EA 2 $ 869.15 $ 1.738.30
12" Gate Valve with Plug EA 1 $ 912.21 $ 912.21
I 12. Plug EA 1 $ 101.15 $ 101.15
12" Water Main LF 2415 $ 25.20 $ 60,858.00
Jack and Bore (CarTier Pipe, Nollncluded) LF 49 $ 92.00 $ 4,508.00
I Sanitary Sewer
8" Sanitary Sewer, Depth 0-6' LF 193 $ 14.17 $ 2,734.81
8. Sanitary Sewer, Depth 6-8' LF 250 $ 16.17 $ 4,042.50
8. Sanitary Sewer, Depth 8-10' LF 272 $ 18.17 $ 4,942.24
I 8" Sanitary Sewer, Depth 10-12' LF 378 $ 20.17 $ 7,624.26
8" Ductile Iron Sanitary Sewer LF 74 $ 26.00 $ 1,924.00
Sanitary Sewer Manhole, Depth 0-6' LF 5 $ 880.00 $ 4.400.00
Sanitary Sewer Manhole, Additional Depth VF 15 $ 106.00 $ 1,590.00
Cleanout EA 1 $ 111.93 $ 111.93
I Jack and Bore (CarTier Pipe, Not Included) LF 70 $ 117.00 $ 8,190.00
Concrete Encasement CY 2 $ 125.00 $ 250.00
PA VEMENT REPLACEMENT
I OP'11Ofi If:t .'., J ~
1 1/2" Asphalt, Type "E. TN 120 $ 50.60 $ 6,072.00
4. Asphalt Binder, Type "B. TN 313 $ 42.50 $ 13,302.50
I Bitum Tack Coat GAL 85 $ 1.00 $ 85.00
8. Graded Aggregate Base TN 600 $ 12.57 $ 7,542.00
Miscellaneous
I Select Backfill CY 925 $ 5.75 $ 5,318.75
Lump Sum Construction: LS 1 $ 11,218.00 $ 11,218.00
Remove and Reset 30. R.C.P.
I Grassing
Soil Erosion
Traffic Control
i; ";:1:,:"':',' ,i.::'<: i,V> : T .'tOtal,8Jd'CoSt'io,: ,i'); .,. . ~..l\ $ ~Ii-' 193,1.63.37.
I Unit Cost
TN 120 $ 50.40
TN 626 $ 41.90
I GAL 85 $ 1.00
Additional Stone Bedding, if Required
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The contract covering the construction of all work described above will be completed within~
consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta-
Richmond County Utilities Department Director:
One Hundred Ninety-Three Thousand One Hundred Sixty-three and 37/100-------------------Dollars
($193.163.37) subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages
the sum of $200.00 for each consecutive calendar day thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to accept any
proposal as deemed to be to the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall be included as
part of the Contract Documents:
Addendum
Date
Addendum No.1
Addendum No.2
Addendum No.3
July 2. 1998
July 7. 1998
July 15. 1998
The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder
will within ten (10) days from the date of notification of acceptance of his proposal, execute the
contract and furnish the Owner with satisfactory performance and payment bond in the amount equal
to one hundred percent (100 %) of the total base bid sum. Enclosed herewith is a Bid Bond or
Certified Check in the amount of Ten Percent (10 %) of Bid Dollars being not less than ten (10 %)
percent of the total base bid sum.
Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case
this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as
liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the
amount received shall become the property of the Owner. If the security is a Bid Bond, the value
thereof shall be paid to the Owner by the Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is the proper
measure of liquidated damages which the Owner will sustain by the failure of the undersigned to
execute the Contract and furnish the Performance and Payment Bond.
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The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
Mabus Brothers Construction Co.. Inc.
Name of Bidder
Signature & Title of Authorized
Representati ve
920 Molly Pond Road
Business Address
Augusta. Georgia 30901
City and State
Date:
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, BID BOND
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Confonns with The American Institute of
Architects, A.I.A. Document No. A.310
KNOW ALL BY THESE PRESENTS, That we, Mabus Brothers Construction Co, Inc
as Principal, hereinafter called the Principal,
and the Travelers Casualty and Surety Company of America
of Hartford, CT
, a corporation duly organized under
the laws of the State of Connecticut
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond Commission
as Obligee, hereinafter called the Obligee,
in the sum of Ten Percent of Bid - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ Ten Percent 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 Lover's Lane Water Main and Sanitary Sewer Extension
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 30th
~~,~
July
1998
(Seal)
Principal
~'f
Title
day of
Witness
{
~t/~
/
Travelers Ca
America
{ Byk//!/~~
Attorney-in-Fact
Witness
S-00541G6€F 2198
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
as Principal and
as Surety, are hereby held and firmly
bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of
for the payment of which, well and truly made,
we hereby jointly and severally bind ourselves, successors and assigns.
Signed, this
day of
, 19
The condition of the above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part
hereof to enter into a contract in writing for the Lover's Lane Water Main and Sanitary Sewer
Extension.
NOW, THEREFORE,
(a) If said Bid shall be rejected or in the alternate,
(b) If said bid shall be accepted and the principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said bid)
and shall furnish a bond for his faithful performance of said contract and for the
payment of all persons performing labor or furnishing materials in connection
therewith and shall in all other respects perform the agreement created by the
acceptance of said bid.
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of time within which the Owner
may accept such Bid; and said Surety does hereby waive notice of any such extension.
BB-1
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the date and year first set forth above.
(L. S . )
Principal
Surety
By:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
BB-2
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AGREEMENT
THIS AGREEMENT, made this
day of
, 19_, by and
between the Augusta-Richmond County Commission, hereinafter called "OWNER" and Mabus
Brothers Construction Co.. Inc.
doing business as (an individual) or (a partnership) or (a
corporation) hereinafter called "Contractor II .
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned:
1. The Contractor will commence and complete construction for Lover's Lane Water Main and
Sanitary Sewer Extension.
2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10)
calendar days after the date of the Notice to Proceed and will complete same withiIL..Q!L
calendar days unless the period of completion is extended otherwise by the Contract
Documents.
4. The Contractor agrees to perform all the work described in the Contract Documents for the
sum of $One Hundred Ninety-Three Thousand One Hundred Sixty-Three and 37/100
5. The term "Contract Documents" means and includes the following:
(a) Invitation for Bids
(b) Information for Bidders
(c) Proposal
(d) Bid Bond
(e) Agreement
(f) General Conditions
(g) Supplemental Conditions
(h) Payment Bond
(i) Performance Bond
(j) Drawings Prepared by Owner
(k) Technical Specifications
(1) Addenda: No.1, dated July 2, 1998.
No.2, dated July 7, 1998.
No.3, dated July 15, 1998.
6. The Owner will pay to the Contractor in the manner and at such times as set forth in the
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General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement ~ (number of copies) each of which shall be deemed
an original on the date first above written.
OWNER:
Augusta-
BY:
E:
(Type r Print)
TITLE: ~ 4tjrJ/t
CONTRACTOR:
JJI/lfbf &r/leRrC//st:e~Cfl&rl r:. .;Ce.
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NAME: kmv ~A;ti'u..S f1?es.
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(Type or Print)
ADDRESS: 9..20 $dlLY /thO'
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TITLE Ck;eK. 0+ UmrAJ.SS/brl
~
o<h
(SEAL)
'</?R~V c::;,tX-S /3V
'(TYJ?~r P{int)
J./, f: S E c..
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
a
Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of _
dollars ($ ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with the OWNER, dated day of , 19 , a copy
of which is hereto attached and made a part hereof for the construction of Lover's Lane Water Main
and Sanitary Sewer Extension.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof and any extensions thereof which may be granted by the OWNER, with or without notice
to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands
incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs
and damages which it may suffer by reason of failure to do so and shall reimburse and repay the
Owner all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work to be
performed thereunder or the specifications accompanying the same shall be in any way affect its
obligation on this bond and it does hereby waive notice of any such change extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PFB-l
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PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _(number) of counterparts, each
of which shall be deemed an original this _day of , 19_
ATTEST
Principal
(Principal) Secretary
By
(s)
(SEAL)
Address
(Witness as to Principal)
(Address)
Surety
ATTEST:
By
Attorney-in-fact
(Surety) Secretary
(SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and authorized to transact business in the state where the
project is located.
PFB-2
. ~ ~
AIA Document A312
Performance Bond BONDIIllSl03084254
Confonns 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.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond RD, Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County Commission-Council
530 Greene Street, Augusta, Ga. 30911
CONSTRUCTION CONTRACT
Date:
Amount: $193,163.37
Description (Name and Location): Lover's Lane @ Rock Tenn Site
BOND
Date (Not earlier than Construction Contract Date):
Amount: $193,163.37
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Mabus Brothers Con
(Corporate Seal)
Signature:
Name and Tl e: ;C-"R. If
(Any additional signa es appear on page .)
(FOR INFORMA nON ONLY - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339
7706182082
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner 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 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:
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 to
SURETY 5026 (6-92)
S-18521GEEF2I98
Page 1 of 2
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
~ None
OSee Pag0 "2
SURETY
Company: Travelers Casualty (Corporate Se~iJ."
and Surety Company of America . -:
. ~ .'
Signature: f1/./Y c/~ 4~
Name and Title: W. G. Van Buskirk, Attorney in Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
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 complete 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 qf 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:
4.1 ~ge 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
i~.elf, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to 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 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 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
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 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
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.
6 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
Contract, and the responsibilities of the Owner to 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:
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.
MODIFICA TrONS TO THIS BOND ARE AS FOLLOWS:
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 account 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.
8 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.
9 Any 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 working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. 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.
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 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 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
settlement 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
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-18521GEEF 2198
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a
(Corporation, Partnership or Individual)
hereinafter called Principal
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of
dollars
($ ) in lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, assigns, jointly and severally, firmly by these presents.
The Condition of this obligation is such that whereas the Principal entered into a certain contract with
the Owner dated the day of , 19 , a copy of which is hereto
attached and made a part hereof for the construction of:
Lover's Lane Water Main and Sanitary Sewer Extension
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, contractors
and corporations furnishing material for or perfonning labor in the prosecution of the work provided
for in such contract and any authorized extension or modification thereof, including all amounts due
for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such work and all insurance premiums on
said work and for all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the specifications.
PYB-l
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PROVIDED FURTHER, that no fmal settlement between the OWNER and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed ~(number of copies) counterparts, each
one of which shall be deemed an original, this the _day of
19
ATTEST
Principal
By
(s)
Principal Secretary
Address
(SEAL)
Witness as to Principal
Address
ATTEST:
Surety
Surety Secretary
By
Attorney-in-fact
(SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
PYB-2
AlA Document A312
BOND#11 81 03084254
Payment
Confonns with the American Institute of Architects, AlA Document A3 12.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, lnc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County Commission-Council
530 Greene Street, Augusta, Ga. 30911
CONSTRUCTION CONTRACT
Date:
Amount: $193,163.37
Description (Name and Location): Lover's Lane @ Rock Tenn Site
BOND
Date( Not earlier than Construction Contract Date):
Amount: $193,163.37
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: ,
Mabus Brothers Con
(Corporate Seal)
Signature:
Name and Title: ,L/I/?
(Any additional signatur appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner 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
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
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.
SURElY 5026 (6-92)
S-1653/GEEF 2/98
Page 1 of 2
Bond
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
~ None
o See Page 2
SURETY
Company: Travelers Casualty (Corporate Seal)
and Surety Company of America
Signature: 14/ /f/ f/dAA- ~
Name and Title: W. G. Van Buskirk, Attorney in Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
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
.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.
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
actions:
6.1 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,
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 perfonnance of the Construction Contract and
to satisfy claims, if any, under any Construction Perfonnance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the perfonnance of the Construction
Contract are dedicated 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 work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
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.
10 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
other than in a court of competent jurisdiction in the location in which
MODIFICA nONS TO THIS BOND ARE AS FOLLOWS:
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 perfonned 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
perfonned, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
confonning 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 penn it 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 perfonnance of
the Contract. The intent of this Bond shall be to include without
limitation in tenns "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 perfonnance 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 perfonn and complete or comply with
the other tenns thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 2/98
fCorporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
POWER OF
A TIORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
SEATTLE, WASHINGTON 98105
4333 Brooklyn Avenue N .E.
Seattle, W A 98105
KNOW ALL BY THESE PRESENTS:
No.
9643
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporatio~ does hereby appoint
****JAMES R. WILLIAMS; W.G. VAN BUSKIRK; CYNDI Mc[EOD-LAWREN~E; VERA COHAN; Atlanta, Georgla**
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL
INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at
its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this
17
day of
June
19 97
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Ar~icle V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President. the Secretary. and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however.
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By-Laws. and
(jj) A copy of the power-of-attorney appointment. executed pursuant thereto, and
(Hi) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the' Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
day of
19
S'1049/EP 11/95
:m::..Aco7ijj....\I/:::::::;::::::::::::ifjfiJl:::a:u;,:;;:::k:::'::::::::::eI::J,ii.in;;rIj:::::::::::::::g::::::::::::::::::::::::::;:::::((::::::}::::::::::(::::::::::::::::I::::::?\:::::::::::;:::::::::Ii(:((::((:I:::::::I:Ii(::((I:::::::-..............................:)
:::::L::.:.:..::.:::.:::.:.:.:::.:.:.:.:.::.:.:.:.:.:.:.::.:~::::::.I:lm~:::~:::::::::!0.~::~~I5i~:::.:~:.m:::::::!:~I.e::I:glll:::::"~I~:I\II:I:I\m\.::::~:::\:\:~:::~:~:::\\:\::::\:\\\\::\\:::\:::~::::\:::\:::::::\:::i:::::::::::::DAT~(;/~/gf~):::.
PRODU~f,R 770-953-9002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Palmer & Cay of Georgia, Inc.
P. O. Box 724028
Atlanta, GA 31139-1028
COMPANY
A
CN~ Insurance Company
INSURED
Mabus Brothers Construction Co
920-B Molly Pond Road
Augusta GA 30901
COMPANY
B
National Union
COMPANY
C
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/vYI DATE (MM/DDIYY)
A GENERAL lIABILITY C01030240706 6/30/98 6/30/99 GENERAL AGGREGATE 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2000000
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000
FIRE DAMAGE IAny one flrel 50000
MEO EXP (Anyone person) 5000
A AUTOMOBILE LIABILITY BUA 1 030240723-SC 6/30/98 6/30/99
COMBINED SINGLE LIMIT
X ANY AUTO 1000000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS lPer person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS IPer accident)
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
B EXCESS lIABILITY 3576139 6/30/98 6/30/99 EACH OCCURRENCE
X UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSATION AND WC1030240740 6/30/98 6/30/99
EMPLOYERS' lIABILITY 500000
EL EACH ACCIDENT
THE PROPRIETOR! INCL EL DISEASE - POLICY LIMIT 500000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE. EA EMPLOYEE 500000
A OTHER C01030240706 6/30/98 6/30/99
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
Lover's Lane Water Main and Sanitary Sewer
Extension Project
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
530 GREENE STREET
AUGUSTA, GA. 30911
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
--12... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
S AGENTS OR REPRESENTATIVES.
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TABLE OF CONTENTS OF GENERAL CONDmONS
TItle
Definitions
Preliminary Matters
Contract Documents, Intent, Amending and Refuse
Availability of Lands; Physical Conditions; Reference Points
Bonds and Insurance
Contractor's Responsibilities
Other Work
Owner's Responsibilities
Engineer's Status During Construction
Changes in the Work
Change of Contract Price
Change of Contract Time
Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective
Work
Payments to Contractor and Completion
Suspension of Work and Termination
Arbitration
Miscellaneous
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GENERAL CONDITIONS
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ARTICLE 1 - DEFINITIONS
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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:
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Addenda: Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change
the bidding documents or the Contract Documents.
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A f{reement: 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.
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ArJDlication for Pcr.yment: The form accepted by
ENGINEER 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.
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/lid: The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work
to be performed.
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lk!ndJ:; Bid, perfOlIllllDCe and payment bonds and other
instruments of security.
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Chanf{e Order: A document recommended by
ENGINEER, 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 TIlDe, issued on or after the Effective Date
of the Agreement.
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Contract Documents: The Agreement, Addenda (which
pertain to the Contract Documents), CONTRACTOR's
Bid (mcluding dnMrrnPntAnon accompanying the Bid and
any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exlubit to the
Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all amendments,
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modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on 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.
CONIRACTOR: The person, firm or corporation with
whom OWNER has entered into the Agreement.
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 ENGINEER'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).
Drawines: 'The drawings which show the character and
scope of the Work to be performed and which have been
prepared or approved by ENGINEER and are referred
to in the Contract Documents.
FJfective Dare Q,f the A f{reemen!: 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
Agreemeot is signed and delivered by the last of the two
parties to sign and deliver.
ENGINEER: The person, firm or corporation named
as such in the Agreement.
Field Order: A written order issued by ENGINEER
which orders minor changes in the Work in accordance
with paragraph 9.5 but which does not involve a change
in the Contract Price or the Contract Time.
General Requirements: Sections of Division 1 of the
Specifications.
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Laws and ReKulations. Laws or ReKulations: Laws,
rules, regulations, ordinances, codes and/or orders.
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Notice if Award: The written notice by OWNER to the
apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent emunerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
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Notice to Proceed: A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing
the date on which the Contract Time will commence to
nm and on which CONTRACTOR shall start to perform
CONTRACTOR's obligations under the Contract
Documents.
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OWNER: The public body or authority, corporation,
association, firm or person with whom CONTRACTOR
has emered into the Agreement and for whom the Work
is to be provided.
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Partial Utilization: Placing a portion of the Work in
service for the purpose for which it is intended (or a
related fA11POS6) before reaching Substantial Completion
for all the Work.
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f:rJ:lkJ;r. The total constroction 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.
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Resident Prqfect ReTJresentative: The authorized
representative of ENGINEER who is assigned to the site
or any part thereof.
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Shqp DrawinV: 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.
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STJecjfications: Those portions of the Contract
Documents consisting of written technical descriptions
of materials, equipment, construction systems, standards
and worhnAn~Qip as applied to the Work and certain
administrative details applicable thereto.
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Subcontractor: An individual, firm or corporation
having a direct contract with CONTRACTOR or with
any other Subcontractor for the performance of a part of
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the Work at the site.
Substantial ComTJletion: The Work (or a specified part
thereof) has progressed to the point where, in the
opinion of ENGINEER as evidenced by ENGINEER's
definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract
Documems, so that the Work (or specified part) can be
utilized 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.
SUTJTJlemenJary Conditions: The part of the Contract
Documents which amends or supplements these General
Conditions.
SUTJTJlier: A manufacturer, fabricator, supplier,
distnbutor, materialman or vendor.
Underflround Facilities: All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasements
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.
]fQdr. 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, all as required by the Contract
Documents.
Work Directive Chanee: A written directive to
CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by. OWNER and
recommended by ENGINEER, 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
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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
paragraph 10.2.
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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
nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
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ARTICLE 2 - PRELIMINARY MATI'ERS
Dellvery of Bonds:
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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 paragraph 5.1.
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Copies of Documents:
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2.2. OWNER shall furnish to CONTRACTOR up to
ten copies (unless otherwise specified in the
Supplementary Conditions) of the Contract Documents
as are reasonably necessary for the execution of the
Work. Additional copies will be furnished, upon
request, at the cost of reproduction.
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Commencement of Contract TIme; Notice to Proceed
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2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement,
or, if a Notice to Proceed is given, on the day indicated
in the Notice to Proceed. A Notice to Proceed may be
given at any time within thirty days after the Effective
Date of the Agreement. In no event will the Contract
Time commence to run later than the seventy-fifth day
after the day of Bid opening or the thirtieth day after the
Effective Date of the Agreement, whichever date is
earlier.
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SJarling the Project:
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2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Time commences to run,
but DO Work shall be done at the site prior to the date on
which the Contract Time commences to run.
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Before SJarting 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 ENGINEER any conflict, error or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable
to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Contract
Documents, unless CONTRACTOR had actual
knowledge thereof or should reasonably 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
ENGINEER 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 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
~ parts in sufficient detail to serve as
the basis for progress payments during
construction. Such prices will include an
appropriate amount of overhead and profit
appli~le 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 a copy
to ENGINEER, certificates (and other evidence of
insurance requested by OWNER) which
CONTRACTOR is required to purchase and mAintain in
accordance with paragraphs 5.3 and 5.4 and OWNER
shall deliver to CONTRACTOR certificates (and other
evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and mAintain in
accordance with paragraphs 5.6 and 5.7.
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Preconstructlon Conference:
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2.8. Within twenty days after the Effective Date of
the Agreement, but before CONTRACTOR starts the
Work at the site, a conference attended by
CONTRACI'OR, ENGINEER and others as appropriate
will be held to discuss the schedules referred to in
paragraph 2.6, to discuss procedures for handling Shop
Drawings and other submittals and for processing
Applications for Payment, and to establish a working
understanding among the parties as to the Work.
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Flnal1zJng Schedules:
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2.9. At least ten days before submission of the first
Application for Payment a conference attended by
CONTRACI'OR, ENGINEER and others as appropriate
will be held to finalize the schedules submitted in
accordance with paragraph 2.6. The finalized progress
schem1le will be acceptable to ENGINEER as providing
an orderly progression of the Work to completion within
the Contract Time, but such acceptance will neither
impose on ENGINEER responsibility for the progress
or <:rhMllling of the Work nor relieve CONTRACTOR
from full responsibility therefor. The finalized schedule
of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for
processing the submissions. The finalized schedule of
values will be acceptable to ENGINEER as to form and
substance.
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ARTICLE 3 - CONTRACT DOCUMENTS:
INfENT. AMENDING. REUSE
Intent:
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3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complememary; what is called for one is a binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
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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 as being required to produce the
intended result will be supplied whether or not
specifically called for. Then words which have a well-
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known technical or trade meaning are used to descnbe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference
to standard 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. However, no provision of
any referenced standard specification, manual or code
(whether or not specifically incorporated by reference in
the CODtract Documents) shall be effective to change the
duties and responsibilities of OWNER, CONTRACTOR
or ENGINEER, or any of their consultants, agents or
employees from those set forth in the Contract
Documents, nor shall it be effective to assign to
ENGINEER, or any of ENGINEER'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 9.15 or 9.16.
Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided
in paragraph 9.4.
3.3. If, during the performance of the Work,
CONTRACTOR finds a conflict, error or discrepancy
in the Contract Documents, CONTRACTOR shall so
report to ENGINEER in writing at once and before
proceeding with the Work affected thereby shall obtain
a written interpretation or clarification from
ENGINEER; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract
Documents unless CONTRACTOR had actual
knowledge thereof or should reasonably have known
thereof.
Amending and Supplementing Contrad Documents:
3.4. 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:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
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3.4.3. a Work Directive Change (pursuant to
paragraph 10.1).
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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.
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3.5. 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:
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3.5.1. a Field Order (pursuant to paragraph
9.5),
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3.5.2. ENGINEER's approval of a Shop
Drawing or sample (pursuant to paragraphs
6.26 and 6.27) or
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3.5.3. ENGINEER's written intetpret.ation or
clarification (pursuant to paragraph 9.4).
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Reuse of DocumenJs:
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3.6. Neither CONTRACTOR nor any Subcontractor
or Supplier or other person or organization performing
or furnishing any of the Work under a direct or indirect
contract with OWNER shall have or acquire any title to
or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER;
and they shall not reuse any of them on extensions of
the Project or any other project without written consent
of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4 - A V AILABILITY OF LANDS:
PHYSICAL CONDmONS: REFERENCE POINTS
A vaJIab/JJty of Lands:
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4.1. OWNER shall furnish, as indicated in the
Comrac:t DoaIIDf'4lts, the lands upon which the Work is
to be performed, rights-of-way and easements for access
thereto, and such other lands which are designated for
the use of CONTRACTOR. Easements for permanent
structures or permanent changes in existing facilities
will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR believes that any delay in OWNER's
furnishing these lands, rights-of-way or easements
entitles CONTRACfOR to an extension of the Contract
Time, CONTRACTOR may make a claim therefor as
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provided in Article 12. 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 Condliions:
4.2.1. Explorations and Revorts: Reference
is made to the Supplementary Conditions for
identification of those reports of explorations
and tests of subsurface conditions at the site
that have been utilized by ENGINEER in
preparation of the Contract Documents.
CONTRACTOR may rely upon the accuracy
of the technical data contained in such reports,
but not upon nontechnical data, intetpretations
or opinions contained therein or for the
completeness thereof for CONTRACTOR's
purposes. Except as indicated in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
full responsibility with respect to subsurface
conditions at the site.
4.2.2. Existinf Structures: Reference is
made to the Supplementary Conditions for
identification of those drawings of physical
CODditions in or relating to existing surface and
subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which
are at or contiguous to the site that have been
utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data
contained in such drawings, but not for the
completeness thereof for CONTRACTORS's
purposes. Except as indicted in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
full responsibility with respect to physical
conditions in or relating to such structures.
4.2.3. ReDort q,f Ditferinr Conditions: If
CONTRACTOR believes that:
4.2.3.1. any technical data on which
CONTRACTOR is entitled to rely as provided
in paragraphs 4.2.1 and 4.2.2 is inaccurate, or
4.2.3.2. any physical condition
uncovered or revealed at the site differs
materially from that indicated, reflected.Dr
referred to in the Contract Documents.
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CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by
paragraph 6.22), notify OWNER and ENGINEER in
writing about the inaccuracy or difference.
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4.2.4. ENGINEER's Review: ENGINEER
will promptly review the pertinent conditions,
determine the necessity of obtaining additional
explorations or test with respect thereto and
advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings
and conclusions.
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4.2.5. Possible DocumenJ ChanKe: If
ENGINEER concludes that there is a material
error in the Contract Documents or that
because of newly discovered conditions a
change in the Contract Documents is
required, a Work Directive Change or a
Change Order will be issued as provided in
Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possible Price and Time A4/ustments:
In each such case, an increase or decrease in
the Contract Price or an extension or
shortening of the Contract Time. or any
combination thereof, will be allowable to the
extent that they are attnbutable to any such
inaccuracy or difference. If OWNER and
CONTRACTOR are unable to agree as to the
amount or length thereof, a claim may be
made therefor as provided in Article 11 and
12.
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Physkal Conditions-Underground Facilities:
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4.3.1. Shawn or IndiCaled: The information
and data shown or indicated in the Contract
Documents with respect to existing
Underground Facilities at or contiguous to the
site is based on information and data furnished
to OWNER or ENGINEER by the owners of
such Underground Facilities or by others.
Unless it is otherwise expressly provided in
the Supplementary Conditions:
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4.3.1.1. OWNER and ENGINEER shall
not be responsible for the accuracy or
completeness of any such information or data;
and
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4.3.1.2. 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 iodicated in the Contract Documents
and which CONTRACTOR could nqt
reasonably have been expected to be aware of,
CONTRACTOR shall, promptly after
becoming aware thereof and before performing
any Work affected thereby (except in an
emergency as permitted by paragraph 6.22),
identify the owner of such Underground
Facility and give written notice thereof to that
owner and to OWNER and ENGINEER.
ENGINEER will promptly review the.
Underground Facility to determine the extent
to which the Contract Documents should be
modified to reflect and document the
consequences of the existence of the
Underground Facility, and the Contract
Documents will be amended or supplemented
to the extent necessary. During such time,
CONTRACTOR shall be responsible for the
safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase
in the Contract Price or an extension of the
Contract Tune, or both, to the extent that they
are attnbutable 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
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establish reference points for construction which in
ENGINEER'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 ENGINEER
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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ARTICLE 5 - BONDS AND INSURANCE
Performance and Other Bonds:
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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 Regulations 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 prescnbed by Law or
Regulation or by the Contract Documents and be
executed by such sureties as are named in the current
list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All Bonds signed by an agent
must be accompanied by a certified copy of the authority
to act.
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5.2. 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 be
acceptable to OWNER.
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Contractors Liability Insurance:
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5.3. CONTRACTOR shall purchase and mAintiUn
such comprehensive general liability and other insurance
as is appropriate for the Work being performed and
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fuinished 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
fwnished 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 may be liable:
5.3.1. Claims under workers' or workmen's
compensation, disability benefits and other
similar employee benefits acts;
5.3.2. Claims for damages because of bodily
injury, occupational sickness or disease, or
death of 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, becm1se 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 and 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
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to be purchased and maintained (or the certificates or
other evidence thereot) shall contain a provision or
endorsement that the coverage afforded will not be
cancelled, materially changed or renewal refused until
at least thirty days prior written notice has been given to
OWNER and ENGINEER by certified mail. All such
insurance shall remain in effect until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in
accordance with paragraph 13.12. In addition,
CONTRACTOR shall maintain such completed
operations insurance for at least two years after final
payment and furnish OWNER with evidence of
continuation of such insurance at final payment and one
year thereafter.
Contractual Liability Insurance
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5.4. The comprehensive general liability insurance
required by paragraph 5.3. will include contractual
liability insurance applicable to CONTRACTOR's
obligations under paragraphs 6.30 and 6.31.
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Owner's Liab/lity Insurance
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5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and tTlllint.lliT1 such
insurance as will protect OWNER against claims which
may arise from operations under the Contract
Documents.
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Property Insurance:
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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, ENGINEER and
ENGINEER's consultants in the Work, all of whom
shall be listed as insured or additional insured parties,
shall insure against the perils of fire and extended
coverage and shall include "all risk" insurance for
physical loss and damage including theft, vandalism and
malicious mischief, collapse and water damage, and
such other perils as may be provided in the
Supplementary Conditions, and shall include damages,
losses and expemes arising out of or resulting from any
insured loss or incurred in the repair or replacement of
any insured property (including but not limited to fees
and charges of engineers, architects, attorneys and other
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professionals). H not covered under the "all risk"
insurance or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and
maintain similar property insurance or portions of the
Work stored on and off the site or in transit when such
portions of the Work are to be included in an
Application for Payment.
5.7. OWNER shall plt'Chase and tTlllintJlin such boiler
and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of the OWNER, CONTRACTOR,
Subcontractors, ENGINEER and ENGINEER's
consultants in the Work, all of whom shall be listed as
insured or additional insured parties.
5.8. All the policies of insurance .(or the certificates or
other evidence thereot) required to be purchased and
l1lllintained by OWNER in accordance with paragraphs
5.6 and 5.7 will contain a provision or endorsement that
the coverage afforded will not be cancelled or materially
changed or renewal refused until at least thirty days'
prior written notice has been given to CONTRACTOR
by certified mail and will contain waiver provisions in
accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interestsofCONTRACTOR,S~~rsorrnhers
in the Work to the extent of any deductIble amounts that
are provided in the Supplementary Conditions. The risk
of loss within the deductIble amount, will be borne by
CONTRACTOR, Subcontractor or others suffering any
such loss and if any of them wishes property insurance
coverage within the limits of such amounts, each may
purchase and mRintRip it at the purchaser's own
expense.
5.10. HCONTRACTOR requests in writing that other
special insurance be included in the property insurance
policy, OWNER shall, if possible, include such
insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the
Work at the site, OWNER shall in writing advise
CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of RJghts
5.11.1. OWNER and CONTRACTOR waive
all rights against each other for all losses and
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damages caused by any of the perils covered
by the policies of insurance provided in
response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the
Work, and also waive all such rights against
the Subcontractors, ENGINEER,
ENGINEER's consultants and all other parties
named as insureds in such policies for losses
and damages so caused. As required by
paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the
Subcontractor in favor of OWNER,
CONTRACTOR, ENGINEER, ENGINEER's
consultants and all other parties named as
insureds. None of the above waivers shall
extend to the rights that any of the insured
parties may have to be proceeds of insurance
held by OWNER as trustee or otherwise
payable.
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5.11.2. OWNER an:! CONTRACTOR intend
that any policies provided in response to
paragraphs 5.6 and 5.7 shall protect all of the
parties insured and provide primary coverage
for all losses and damages caused by the perils
covered thereby. Accordingly, all such
policies shall contain provisions to the effect
that in the event of payment of any loss of
damage the insurer will have no rights of
recovery against any of the parties named as
insured or additional insureds, and if the
insurers require separate waiver forms to be
signed by ENGINEER or ENGINEER's
consultant OWNER will obtain the same, and
if such waiver forms are required of any
Subcontra.ctor, CONTRACTOR will obtain the
same.
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Receipt and AppUcatJon of Proceeds:
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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 distnbute it in
accordance with such agreement as the parties in
interest may reach. IT no other special agreement is
reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account
thereof an:! the Work and the cost thereof covered by an
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appropriate Change Order or Written Amendment.
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 the loss to OWNER's
exercise of this power. IT 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. IT required in writing by
any party in interest, OWNER as trustee shall, upon the
occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. IT OWNER has any objection to the coverage
afforded by or o~r provisions of the insurance
required to be purchased and nu,intained 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. IT 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 of the date of delivery of such certificates to
CONTRACTOR in accordance with paragraph 2.7.
OWNER and CONTRACTOR shall each provide to the
other such additional information in respect of insurance
provided by each as the other may reasonably request.
Failure by OWNER or CONTRACTOR to give any
such notice of objection within the time provided shall
constitute acceptance of such insurance purchased by the
other as complying with the Contract Documents.
Partial UtiJization - Property Insurance:
5.15. IT 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 occupancy shall commence
before the insurers providing the property insurance
have acknowledged notice thereof and in writing
effected the changes in coverage necessitated thereby.
The insurers providing the property insurance shall
consent by endorsement on the policy or policies, but
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the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE 6
RESPONSIBILITIES
CONTRACTOR'S
Supervision and Superintendence:
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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 perl'orm the Work in accordance
with the Contract DnMttTtPnt"l. 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 selection of a
specific means, method, technique, sequence or
procedure of construction which is indicated in and
required by the Contract Documents. CONTRACTOR
shall be responsible to see that the finished Work
complies accurately with the Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without
written notice to OWNER and ENGINEER except
under extraordinary circumstances. The superintendent
will be CONTRACTOR's representative at the site and
shall have 811thority to act on behalf of CONTRACTOR.
All COIDIllIJIlications given to the superintendent shall be
as binding as if given to CONTRACTOR.
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Labor, Materials and Equipment:
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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
TTUI;nta;n 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 overtime work or the performance of Work
on Saturday, Sunday or any legal holiday without
OWNER's written consent given after prior written
notice to ENGINEER.
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6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and
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assume full responsibility for all materials, equipment,
Jabor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals necessary for the
furnishing, performance, testing, start-up and
completion of the Work.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; bJ.it no
provision of any such instructions will be effective to
assign to ENGINEER, or any of ENGINEER'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
9.15 or 9.16.
A4Justing Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9)
adjustments in the progress schedule to reflect the
impact thereon of new developmems; these will conform
generally to the progress schedule then in effect and
additionally will comply with any provisions of the
General Requirements applicable thereto.
SubstiJuJes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are
specified or descnbed in the Contract
Docnn,."m<l 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
equipmeDt of other Suppliers may be accepted
by ENGINEER if sufficient information is
submitted by CONTRACTOR to allow
ENGINEER to determine that the material or
equipment proposed is equivalent or equal to
that named. The procedure for review by
ENGINEER will include the following as
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supplemented in the General Requirements.
Requests for review of substitute items of
material and equipment will not be accepted by
ENGINEER 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 ENGINEER for
acceptance thereof, certifying that the
proposed substitute will perform adequately
the functions and achieve the results called for
by the general design, be similar and of equal
substance to that specified and be suited to the
same use as that specified. The application
will state that the evaluation and acceptance of
the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not
acceptance of the substitute for use in the
Work will require a change in any of the
Contract Documents (or in the provisions of
any other direct contract with OWNER for
work on the Project) to adapt the design to the
proposed substitute and whether or not
incorporation or use of the substitute in
connection with the Work is subject to
payment of any license fee or royalty. All
variations of the proposed substitute from that
specified will be identified in the application
and available maintenance, repair and
replacement service will be indicated. The
application will also contain an itemized
estimate of all costs that will result directly or
indirectly from acceptance of such substitute,
including costs of redesign and claims of other
contractors affected by the resulting change,
all of which shall be considered by
ENGINEER in evaluating the proposed
substitute. ENGINEER may require
CONTRACTOR to furnish at
CONTRACTOR's expense additional data
about the proposed substitute.
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6.7.2. If a specific means, method,
technique, sequence or procedure of
constroction 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 ENGINEER, if
CONTRACTOR submits sufficient information
to allow ENGINEER to determine that the
substitute proposed is equivalent to that
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indicated or required by the Contract
Documents. The procedure for review by
ENGINEER will be similar to that provided in
paragraph 6.7.1 as applied by ENGINEER and
as may be supplemented in the General
Requirements.
6.7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
proposed substitute. ENGINEER will be the
sole judge of acceptability, and no substitute
will be ordered, installed or utilized without
ENGINEER'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. ENGINEER will
record time required by ENGINEER and
ENGINEER's consultants in evaluating
substitutions proposed by CONTRACTOR and
in making changes in the Contract Documents
occasioned thereby. Whether or not
ENGINEER accepts a proposed substitute,
CONTRACTOR shall reimburse OWNER for
the charges of ENGINEER and ENGINEER's
consultants for evaluating each proposed
substitute.
Concerning Subcontrtutors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any
subcontractor, Supplier or other person or
organization (including those acceptable to
OWNER and ENGINEER as indicated in
paragraph 6.8.2), whether initially or as a
substitute, against whom OWNER or
ENGINEER 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 of acceptance by OWNER and
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ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or
ENGINEER's acceptance (either in writing or
by failing to make written objection thereto by
the date indicated for acceptance or objection
in the bidding documents or the Contract
Documents) of any such Subcontractor,
Supplier or other person or organization so
identified may be revoked on the basis of
reasonable objection after due investigation, in
which case CONTRACTOR shall submit an
acceptable substitute, the Contract Price will
be increased by the difference in the cost
occasioned by such substitution and an
appropriate Change Order will be issued or
Written Amendment signed. No acceptance by
OWNER or ENGINEER of any such
Subcontractor, Supplier or other person or
organization shall constitute a waiver of any
right of OWNER or ENGINEER to reject
defective Work.
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6.9. CONTRACTOR shall be fully responsible to
OWNER ani ENGINEER for all acts and omissions of
the Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR
just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in
the Contract Documents shall create any contractual
relationship between OWNER or ENGINEER and any
such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the
part of OWNER or ENGINEER 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.
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6.10. lbe divisions and sections of the Specifications
and 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.
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6.11. All Work performed for CONTRACTOR by a
Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the
Subcontractor which specificaDfbinds the Subcontractor
to the applicable terms and conditions of the Contract
DOCIJIJlOOts for the benefit of OWNER and ENGINEER
ani contains waiver provisions as required by paragraph
5.11. CONTRACTOR shall pay each Subcontractor a
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just share of any insurance moneys received by
CONTRACTOR on accoUDt 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. If a particular invention, design,
process, product or device is specified in the Contract
Docume:nt.s for use in the performance of the Work and
if to the actual knowledge of OWNER or ENGINEER
its use is subject to patent rights or copyrights calling
for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by
OWNER in the Contract Documents. CONTRACTOR
shall indemnify and hold harmless OWNER and
ENGINEER ani anyone directly or indirectly employed
by either of them from and against all claims, damages,
losses ani expenses (mcluding attorneys' fees and court
ani aIbitration costs) arising out of any infringement of
patent rights or copyrights incident to the use in the
performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents, and shall defend all such claims in
connection with any alleged infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
comtruction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges which are applicable at the time
of opening Bids, or if there are no Bids on the Effective
Date of the Agreement. CONTRACTOR shall pay all
charges of utility owners for connections to the Work,
ani OWNER shall pay all charges of such utility owners
for capital costs related thereto such as plant investment
fees.
Laws and Regulatlons:
6.14.1. CONTRACI'OR shall give all notices
and comply with all Laws and Regulations
applicable to furnishing and performance of
the Work. Except where otherwise expressly
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required by applicable Laws and Regulations,
neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations
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6.14.2. If CONTRACTOR observes that
Specifications or Drawings are at variance
with any Laws or Regulations,
CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any
necessary changes will be authorized by one of
the methods indicated in paragraph 3.4. If
CONTRACTOR performs any Work mowing
or having reason to mow that it is contrary to
such Laws or Regulations, and without such
notice to ENGINEER, CONTRACTOR shall
bear all costs arising therefrom; however, it
shall not be CONTRACTOR's primary
responsibility to IDB.ke certain that the
Specifications and Drawings are in accordance
with such Laws and Regulations.
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Taxes:
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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.
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Use of Premises:
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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
Dcx:umeDt.s and other land and areas permitted by Laws
and Regulations, right-so-way, permits and easements,
and shal1 not unreasonably encumber the premises with
constnJction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any land or areas contiguous
thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or
ENGINEER by any such owner or occupant because of
the performance of the Work, CONTRACTOR shall
promptly attempt to settle with such other part by
agreemecl 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 and ENGINEER harmless from and against all
claims, damages, losses and expense (including, but not
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limited to, fees of engineers, architects, attorneys and
other professionals and court and arbitration costs)
arising directly, iDdirectIy or consequentially out of any
action, legal or equitable, brought by any such other
party against OWNER or ENGINEER 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 resulting from the Work. At the completion of
the Work CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction
equipment and machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by
OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by
the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any
part of any structure to be loaded in any manner that
will endanger the structure, nor shall CONTRACTOR
subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
Record Documents:
6.19. CONTRACTOR shall rnllint.ain in a safe place
at the site one record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change
Orders, Work Directive Changes, Field Orders and
written interpretations and clarifications (issued pursuant
to paragraph 9.4) in good order and annotated to show
all changes made during construction. These record
documents together with all approved samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon
completion of the Work, these record documents,
samples and Shop Drawings will be delivered to
ENGINEER for OWNER.
Sqfefy and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, JTUlintllining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection
to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other
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persons and organizations who may be affected
thereby;
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6.20.2. all the Work and materials and
equipment to be incorporated therein, whether
in storage on or off the site; and
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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.
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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
mnint1lin all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of
adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or
to the acts or omissions of OWNER or ENGINEER or
anyone employed by either of them or anyone for whose
acts either of them may be liable, and not attnbutable,
directly or iodirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR's
duties and responsibilities for the safety and protection
of the Work shall continue until such time as all the
Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with
paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
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6.21. CONTRACTOR shall designate a responsible
representative at the site whose duty shall be the
prevention of accidents. This person shall be
CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR or OWNER.
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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 ENGINEER or
OWNER, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a
change in the Contract Documents is required because
of the action taken in response to any emergency, a
Work Directive Change or Change Order will be issued
to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field
measurements and after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGINEER for review
and approval in accordance with the accepted schedule
of Shop Drawing submissions (see paragraph 2.9), or
for other appropriate action if so indicated in the
Supplementary cooditions, five copies (unless otherwise
specified in the General Requirements) of all Shop
drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission.
All submissions will be identified as ENGINEER may
require. The data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria, materials and
similar data to enable ENGINEER to review the
information as required.
6.24. CONTRACTOR shall also submit to
ENGINEER for review and approval with such
promptness as to cause no delay in Work, all samples
required by the Contract Documents. All samples will
have been checked by and accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
1)nr.1Tt1Pntl: with respect to the review of the submission
and will be identified clearly as to material, Suppler,
pertinent data such as catalog numbers and the use for
which intended.
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6.25.1. Before submission of each Shop
Drawing or sample CONTRACTOR shall
have determined and verified all quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar data with respect thereto
and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings
and samples and with the requirements of the
Work and the Contract Documents.
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6.25.2. At the time of each submission,
CONTRACTOR shall give ENGINEER
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 Engineer for review and approval of each
such variation.
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6.26. ENGINEER will review and approve with
reasonable pIUllJlAuess Shop drawings and samples, but
Engineer'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. CONTRACTOR shall make corrections
required by ENGINEER, and shall return the required
number of corrected copies of Shop Drawings and
submit as required new samples for review and
approval. CONTRACTOR shall direct specific
attention in writing to revisions other than the
corrections called for by ENGINEER on previous
submittals.
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6.27. ENGINEER's review and approval of Shop
drawings or samples shall not relieve CONTRACTOR
from responsibility for any variation from the
requirements of the Contract documents unless
CONTRACTOR has in writing called ENGINEER's
att.emion to each such variation at the time of submission
as required by paragraph 6.25.2 and ENGINEER has
given written approval of each such variation by a
specific written notation thereof incorporated in or
accompanying the Shop drawing or sample approval;
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nor will any approval by ENGINEER relieve
CONTRACTOR from responsibility for errors or
omissions in the Shop Drawings or from responsibility
for having complied with the provisions of paragraph
6.25.1
6.28. Where a Shop Drawing or sample is required by
the Specifications and related Work performed prior to
ENGINEER's review and approval of the pertinent
submission will be the sole expense and responsibility of
CONTRACTOR..
Continuing the Work:
6.29. 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, excqt as permitted by paragraph 15.5
or as CONTRACTOR and OWNER may otherwise
agree in writing.
Indemnljication:
6.30. To the fullest extent permitted by Laws and
Regulations CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER and their
consultants, agents and employees from and against all
claim<;, damages, losses and expenses, direct, indirect or
consequential (including but not limited to fees and
charges of engineers, 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
(as) is attnbutable to bodily injury, sickness, disease or
death, or to injury to or destruction of tanglble property
(other than the Work: itself including the loss of use
resulting therefrom IUld (b) is caused in whole or in part
by any negligent act or omission of CONTRACTOR,
any Subcontractor, any person or organi.z.ation 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 DOt it is
caused in art by a party indemnified hereunder or arises
by or is imposed by lAw and Regulations regardless of
the negligence of any such party.
6.31. In any and all claims against OWNER or
ENGINEER or any of their consultants, agents or
employees by any employee of CONTRACTOR, any
subcontractor. any person or organi.z.ation directly or
indirectly employed by any of them to perform or
furnish any of the Work: or anyone for whose acts any
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of them may be liable, the indemnification obligation
under paragraph 6.30 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 other
person or organization under workers I or wormen I s
compensation acts, disability benefit acts or other
employee benefit acts.
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6.32. The obligations of CONTRACTOR under
paragraph 6.30 shall not extend to the liability of
ENGINEER, ENGINEER's consultants, agents or
employees arising out of the preparation or approval of
maps, drawings, opinions, reports, surveys, Change
Orders, designs or specifications.
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ARTICLE 7 - OTHER WORK
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ReloJed Work at Site:
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7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, have other
work performed by utility 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;
aDd, 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 shall
make a claim therefor as provided in Articles 11 and 12.
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7.2. CONTRACTOR shall afford each utility owner
and other contractor who is a party to such a direct
contract (or 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 cuttiJJg, fitting and patching
of the Work that may be required to make its several
parts come together properly and integrate with such
other work. CONTRACTOR shall not endanger any
work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work
with the written consent of ENGINEER 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
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other contractors to the extent that there are comparable
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility
owners and other contractors.
7.3. 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
ENGINEER in writing it unavailable or unsuitable for
such property 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
ENGINEER shall have any authority or responsibility in
respect of such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents sbalI be that
of the former ENGINEER. 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 paymems 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
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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 ENGINEER in preparing the
drawings and Specifications.
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8.5. OWNER's responsibilities in respect of
purchasing and m..,nt..,n,ng liability and property
insurance are set forth in paragraphs 5.5. through 5.8.
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8.6. OWNER is obligated to execute Change Orders
as indicated in paragraph lOA
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8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph
13.4.
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8.8. In CODDeCtion with OWNER's right to stop Work
or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain
circumstances.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
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9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall . not be extended without written consent of
OWNER and ENGINEER.
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VISITS to SITE:
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9.2. ENGINEER will make visits to the site at
intervals appropriate to the various stages of
construction to observe the progress and quality of the
executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. ENGINEER'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
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llIld qualified design professional, ENGINEER 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 ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER 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
represem OWNER at the site who is not ENGINEER'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. ENGINEER will issue with reasonable
promptness such written clarifications or interpretations
of the requirements of the Contract Documents (in the
form of Drawings or otherwise) as ENGINEER may
determine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that
a written clarification or interpretation justifies an
increase in the Contract Price or an extension of the
Contract Time llIld the parties are unable to agree to the
amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in
the Work: from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Time and are consistent
with the overall intent of the Contract Documents.
These may be accomplished by a Field Order and will
be binding on OWNER, and also on CONTRACTOR
who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an
increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
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9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER 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.
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Shop Drawings, Change Orders and Payments:
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9.7. In connection with ENGINEER's responsibility
for Shop Drawings and samples, see paragraphs 6.23
through 6.28 inclusive.
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9.8. In connection with ENGINEER's responsibilities
as to Change Orders, see Articles 10, 11 and 12.
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9.9. In connection with ENGINEER's responsibilities
in respect of Applications for Payment, etc., see Article
14.
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Determinations for Unit Prices:
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9.10. ENGINEER will determine the actual
quantities and classifications of Unit Price Work
performed by CONTRACTOR. ENGINEER will
review with CONTRACI'OR ENGINEER's preIiminary
determinations on such matters before rendering a
written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's
written decisions thereon will be final and binding upon
OWNER or CONTRACTOR delivers to the other party
to the Agreement and to ENGINEER written notice of
intention to appeal from such a decision.
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Decisions on Disputes:
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9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of
the ~eptahility of the Work thereunder. Claims,
dispJt.es 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 in the Contract Price or
Contract Time will be referred initially to ENGINEER
in writing with a request for a formal decision in
accordance with this paragraph, which ENGrnEER will
render in writing within a reasonable time. Written
notice of each such, dispute and other matter will be
delivered by the claimant to ENGINEER and the other
party to the Agreement promptly (but in no event later
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than thirty days) after the occurrence of the events
giving rise thereto, and written supporting data will be
submitted to ENGINEER and the other party within
sixty days after such occurrence unless ENGINEER
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, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The
rendering of a decision by ENGINEER pursuant to
paragraphs 9.10 and 9.11 with respect to any such
claim, dispute or other matter (except any which have
been waived by the making or acceptance of final
payment as provided in paragraph 14.16) will be a
condition 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.
Umitatlons on Engineer's Responsibilities:
9.13. Neither ENGINEER's authority to act under
this Article 9 or elsewhere in the Contract Documents
nor any decision made by ENGINEER in good faith
either to exercise or not exercise such authority shall
give rise to any duty or responsibility of ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization performing any of the
Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms
.as ordered., .as directed., .as required., .as
allowed., . as approved" , or terms of the like effect or
import are used, or the adjectives "reasonable",
. suitable. , .acceptable., .proper. or .satisfactory. or
adjectives of like effect or import are used to descnbe a
requirement, direction, review or judgement of
ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgement will be
solely to evaluate the Work for compliance with the
Contract DocnmAnt!: (unless there is a specific statement
indicating otherwise). The use of any such term or
adjective shall not be effective to assign to ENGINEER
any duty or authority to supervise or direct the
furnishing or performance or the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, and
ENGINEER will not be responsible for
CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the Work.
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ARTICLE 10 - CHANGES IN THE WORK
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10.1. Without invalidating the Agreement and
without notice to any surety, OWNER may, at any time
or from time to time, order additions, deletions or
revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Directive change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as
otherwise specifically provided).
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10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an incre4lSe or decrease
in the Contract Price or an extension or shortening of
the Contract Time that should be allowed as a result of
a Work Directive Change, a claim may be made
therefor as provided in Article 11 or Article 12.
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10.3. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract TIIDe with respect to any Work performed that
is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraphs
3.4 and 3.5, except in the case of an emergency as
provided in paragraph 6.22 and except in the case of
uncovering Work as provided in paragraph 13.9.
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10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders (or Written Amendments)
covering:
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10.4.1. changes in the Work which are
ordered by OWNER pursuant to paragraph
10.1, are required because of acceptance of
defective Work under paragraph 13.13 or
correcting defective Work under paragraph
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13.14, or as agreed to by the parties.
10.4.2. changes in the Contract Price or
Contract Time which are agreed to by the
parties; and
10.4.3. changes in the Contract Price or
Contract lIIDe which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.29.
10.5. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (mcluding, 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.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the Work.
All duties, responsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at his 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 ENGINEER 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
ENGINEER 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, iOOirect and consequential) to which the claimant
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is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price shall be
determined by ENGINEER in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot
otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
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11.3. The value of any Work covered by a Change
Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the
following ways:
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11.3.1. Where the Work involved is covered
by unit prices contained in the Contract
DOCUIDeDts, by application of unit prices to the
quantities of the items involved (subject to the
provisions of paragraphs 11.9.1. through
11.9.3., inclusive).
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11.3.2. By mutual acceptance of a lump sum
(which may include an allowance of overhead
and profit not necessarily in accordance with
paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work
(determined as provided in paragraph 11.4 and
11.5) plus a CONTRACTOR's Fee for
overhead and profit (determined as provided in
paragraphs 11.6 and 11.7).
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Cost of the Work:
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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
othetwise 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:
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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
spect 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 contnbutions, unemployment,
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excise and payroll taxes, workers' or
worlanen'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.
All 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 will then determine, with the
advice of ENGINEER, 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
(mcluding but not limited to engineers,
architects, testing laboratories, surveyors,
attorneys and accountants) employed for
services specifically related to the Work.
11.4.5. Supplemental costs including the
following:
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11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses
of CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
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11.4.5.2. Cost, including transportation
and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools
not owned by the workers, which are
consumed in the performance of the Work, and
cost less market value of such items used but
not consumed which remain the property of
CONTRACTOR.
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11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or
others m accordance with the rental
agreements approved by OWNER with the
advice of ENGINEER, 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.
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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.
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11.4.5.5. Deposits lost for causes other
than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts
any of them may be liable, and royalty
payments and fees for permit and licenses.
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11.4.5.6. Losses and damages (and related
expenses), oot 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 5.9), provided they have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any
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of them or for whose acts any of them may be
liable. Such losses shall include settlements
made with the written consent and approval of
OWNER. No such losses, damages and
expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's Fee. If, however, any such
loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilities, fuel and
sanitary facilities at the site.
11.4.5.8. Minor expenses such as
telegrams, long distance telephone calls,
telephone service at the site, expressage and
similar petty cash items in connection with the
Work.
11.4.5.9. Cost of premiums for additional
Bonds and insurance required because of
changes in the Work and premiums for
property insurance coverage within the limits
of the deductIble amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any
of the following:
11.5.1. Payroll costs and other compensation
of CONTRACTOR's officers, executives,
principals (of partnership and sole
proprietorships),general managers, engineers,
architects, estimators, attorneys, auditors,
accountants, purchasing and contracting
agents, expeditors, timekeepers, clerks and
other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's
principal or a branch office for general
AlImini~on of the Work and not specifically
iocludedio 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 the
CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's
principal and branch offices other than
CONTRACTOR's office at the site.
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11.5.3. Any part of CONTRACTOR's
capital expenses, including interest on
CONTRACTOR's capital employed for the
Work and charges against CONTRACTOR for
delinquent payments.
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11.5.4. Cost of premiums for all Bonds and
for all insurance whether or not
CONTRACTOR is required by the Contract
DllM11TI~ to purchase and mllintBin the same
(except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
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11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any
of them or 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.
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11. 5 . 6. Other overhead or general expense
costs of any kind and the costs of any item not
specifically and expressly included in
paragraph 11.4.
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CONTRACTOR's Fee:
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11.6. The CONTRACTOR's Fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
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11.6.1. a mutually acceptable fixed fee; or if
none can be agreed upon.
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11.6.2. a fee based on the following
percentages of the various portions of the Cost
of the Work:
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11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2 the
CONTRACTOR's Fee shall be fifteen percent;
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11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTOR's Fee
shall be five percem; 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;
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11.6.2.3. no fee shall be payable on the
basis of costs itemized under paragraphs
11.4.4, 11.4.5 and 11.5;
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 deductioo in
CONTRACTOR's Fee by an amount equal to
ten percent of the net decrease; and
11.6.2.5. when other additions and credits
are involved in any one change, the adjustment
in CONTRACTOR'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. Whenever the cost of any Work is to be
determined pursuant to paragraph 11.4 or 11.5,
CONTRACTOR will submit in form acceptable to
ENGINEER an itemized cost breakdown together with
supporting data.
Cash AIlowanus:
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 ENGINEER. 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
expense contemplated for the allowances have
been included in the Contract Price and not in
the allowances. No demand for additional
payment 00 account of any thereof will be
valid.
Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to
reflect actual amounts due CONTRACTOR 00 account
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ofWorlc covered by allowances, and the Contract Price
shall be correspondingly adjusted.
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Unit Price Work:
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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 classification of Unit Price Work
performed by CONTRACTOR will be made
by ENGINEER in accordance with Paragraph
9.10.
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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 bas incurred additional
expense as a result thereof, CONTRACTOR
may make a claim for an increase in the
Contract Price in accordance with Article 11 if
the parties are unable to agree as to the amount
of any such increase.
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ARTICLE 12 - CHANGE OF CONTRACT TIME
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12.1. The Contract Time may only be changed by a
Change Order or a Written Amendment. Any claim for
an extension or shortening of the Contract Time shall be
based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly
(but in no event later than thirty days) after the
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occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the
extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement
that the adjustment claimed is the entire adjustment to
which the claimant bas reason to believe it is entitled as
a result of the occurrence of said event.. All claims for
adjustment in the Contract Time shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Time will be
valid if not submitted in accordance with the
requirements of this paragraph 12.1.
12.2. The Contract Time will be extended in an
amount equal to time lost due to delays beyond the
control of CONTRACTOR if a claim is made therefor
as provided in paragraph 12.1. Such delays shall
include, but not be limited to, acts or neglect by
OWNER or others performing additional work as
contemplated by Article 7, or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or
acts of God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of
this Article 12 shall not exclude recovery for damages
(including but not limited to fees and charges of
eDgineers, architects, attorneys and other professionals
and court and arbitration costs) for delay by either
party .
ARTICLE 13 - WARRANTY AND GUARANTEE:
TEsrs AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPfANCE OF DEFECTIVE
WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in
accordance with the Contract Documents and will not be
defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not
in place, may be rejected, corrected or accepted as
provided in this Article 13.
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Access to Work:
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13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and
governmental agencies with jurisdictional interests will
have access to the Work at reasonable times of their
observation, inspecting and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
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Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required
inspections, tests or approvals.
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13.4. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereot) to
specifically be inspected, tested or approved,
CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACTOR shall
also be responsible for and shall pay all costs in
connection with any inspection or testing required in
connection with OWNER's or ENGINEER's acceptance
of a Supplier of materials or equipment proposed to be
incorporated in the Work, or of materials or equipment
submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work. The
cost of all inspections, tests and approvals in addition to
the above which are required by the Contract
Documents shall be paid by OWNER (unless otherwise
specified).
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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 ENGINEER if so specified).
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13.6. If any Work (including the work of others) that
is to be inspected, tested or approved is covered without
written concurrence of ENGINEER, it must, if
requested by ENGIN"EER, be uncovered for
observation. Such uncovering shall be at
CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's
intention to cover the same and ENGIN"EER has not
acted with reasonable promptness in response to such
notice.
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13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
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CONTRACTOR from CONTRACTOR's obligations to
perform the Work in accordance with the Contract
Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's
observation and replaced at CONTRACTOR's expense
13.9. If ENGINEER considers it necessary or
advisable that covered Work be observed by
ENGINEER or inspected or tested by others,
CONTRACTOR, at ENGINEER's request, shall
uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER 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, indirect and consequential costs of
such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstroction, (mcluding but
not limited to fees and charges of engineers, 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 attnbutable 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. If the Work is defective, or CONTRACTOR
fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform
the Work in such a way that the completed Work will
conform to the Contract Documents, OWNER may
order CONTRACTOR to stop the Work~ or any portion
thereof, 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.
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Correction or Removal of Defective Work:
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13.11. If required by ENGINEER, CONTRACTOR
shall promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or completed,
or, if the Work has been rejected by ENGINEER,
remove it from the site and replace it with nondefective
Work. CONTRACTOR shall bear all direct, indirect
and consequential costs of such correction or removal
(mcluding but not limited to fees and charges of
engineers, architects, attorneys and other professionals)
made necessary thereby.
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One Year Correction Period:
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13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescnbed by Laws or Regulations or by the terms of
any applicable special guarantee required by the
Contract Documents or by any specific provision of the
Contract Documents, any Worlc is found to be defective,
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 nondefective Work. If
CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (mcluding but not limited to fees and
charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR. In
special circumstances where a particular item or
equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date
if so provided in the Specifications or by Written
Amendment.
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Acceptance of Defective Work:
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13.13. If, instead of requiring correction or removal
and replacement of defective Work, OWNER (and,
prior to ENGINEER's recommendation of final
payment, also ENGINEER) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all
direct, indirect and consequential costs attnbutable to
OWNER's evaluation of an determination to accept such
defective Work (such costs to be approved by
ENGINEER as to reasonableness and to include but not
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be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such
acceptance occurs prior to ENGINEER's
recommPnliRtion of final payment, a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article 11. If the
acceptance occurs after such recommendation, an
appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable
time after written notice of ENGINEER to proceed to
correct and to correct defective Work or to remove and
replace rejected Work as required by ENGINEER in
accordance with paragraph 13.11, or if CONTRACTOR
fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails 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 ~""ry to complete corrective and remedial
action, OWNER may exclude CONTRACTOR from all
or part of the site, take possession of all or part of the
Work, and suspend CONTRACTOR's services related
thereto, take possession of CONTRACTOR's tools,
appliances, constroction 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
site as may be necessary to enable OWNER to exercise
the rights and remedies under this paragraph. All
direct, indirect and consequential costs of OWNER in
exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to
reasonableness by ENGINEER, and a Change Order
will be issued incorporating the necessary revision in
the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article 11. Such direct,
indirect and consequential costs will include but not be
limited to fees and charges of engineers. architects,
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14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by
ENGINEER to OWNER that the conditions precedent
to CONTRACTOR's being entitled to final payment as
set forth in paragraph 14.13 have been fulfilled
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14.7. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make such
representations to OWNER. ENGINEER 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 ENGINEER's opinion to protect
OWNER from loss because:
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14.7.1. the Work is defective, or completed
Work has been damaged requiring correction
or replacement.
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14.7.2. the Contract Price has been reduced
by Written Amendment or Change Order,
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14.7.3. OWNER has been required to correct
defective Work or complete Work in
accordance with paragraph 13.14, or
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14.7.4. of ENGINEER's actual knowledge of
the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive.
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OWNER may refuse to make payment of the full
amount recommended by ENGINEER because claims
have been made against OWNER on account of
CONTRACTOR's performance or furnishing of the
Work or Liens have been filed in connection with the
Work or there are other items entitling OWNER to a
set-off against the amount recommended, but OWNER
must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for
such action.
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Substantial Completion:
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14.8. When CONTRACTOR considers the entire
Work ready for its intended use CONTRACTOR shall
notify OWNER and ENGINEER in writing that the
entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete)
and request that ENGINEER issue a certificate of
Substantial Completion. Within a reasonable time
thereafter. OWNER, CONTRACTOR and ENGINEER
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.
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shall make an inspection of the Work to determine the
status of completion. If ENGINEER does not consider
the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers the Worle
substantially compete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER 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, ENGINEER
considers the Work substantially complete, ENGINEER
will within 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 ENGINEER
believes justified after consideration of any objections
from OWNER. At the time of delivery of the tentative
certificate of Substantial Completion ENGINEER will
deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities
pending final payment between OWNER and
CONTRACTOR with respect to security, operation,
safety, maintenance, heat, utilities, insurance and
warranties. Unless OWNER and CONTRACTOR
agree otherwise in writing and so inform ENGINEER
prior to ENGINEER's issuing the definitive certificate
of Substantial Completion, ENGINEER's aforesaid
recommendation will be biDding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
Pa:rtlal Utillzotlon:
14.10. Use by OWNER of any finished part of the
Work, which has specifically been identified in the
Contract Documents, or which OWNER, ENGINEER
and CONTRACTOR agree constitutes a separately
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attorneys and other professionals, all court and
arbitration 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 Time because of any delay in
petformance of the Work attnbutable to the exercise by
OWNER of OWNER's rights and remedies hereunder.
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ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
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Schedule of Values:
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14.1. The schedule of values established as provided
in paragraph 2.9 will serve as the basis for progress
payments and will be incorporated into a form of
Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed
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Application for Progress Payment:
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14.2. At least twenty days before each progress
payment is scheduled (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
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,
charges, security interests and encumbrances (which are
hereinafter in these General Conditions referred to as
.Liens") and in 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. The amount of retainage with respect to
progress payments will be as stipulated in the
Agreement.
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CONTRACTOR's Warranty ofTlJle:
14.3. CONTRACTOR warrants and guarantees that
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title to all Work, materials, and equipment covered by
an 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. ENGINEER will, within ten 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 ENGINEER's
reason for refusing to recommend payment. In the latter
case, CONTRACTOR may make the necessary
corrections and resubmit the Application. Ten days after
presentation of the Application for Payment with
ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and when due
will be paid by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's on-site observations of the Work: in
progress as an experienced and qualified design
professional and on ENGINEER's review of the
Application of Payment and the accompanying data and
schedules that the Work has progressed to the point
indicated; that, to the best of the ENGINEER's
knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning
whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classificatioDS of Unit Price Work under paragraph
9.10, and to any other qualifications stated in the
recommendation); and that CONTRACTOR is entitled
to payment of the amount recommended. However, by
recommending any such payment ENGINEER 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 ENGINEER
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.
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functioning and useable part of the Work that can be
used by OWNER 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:
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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 ENGINEER that said
part of the WORK is substantially complete
and request ENGINEER to issue a certificate
of Substantial Completion for that part of the
Work. CONTRACTOR at any time may
notify OWNER and ENGINEER in writing
that CONTRACTOR considers any such part
of the Work ready for its intended use and
sllh::tAntiAl1y complete and request ENGINEER
to issue a certificate of Substantial Completion
for that part of the Work. Within a reasonable
time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to
determine its status of completion. If
ENGINEER does not consider that part of the
Work to be substantially complete,
ENGINEER will notify OWNER and
CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of
the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with respect to certification of
Substantial Completion of that part of the
Work and the division of responsibility in
respect thereof and access thereto.
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14.10.2. OWNER may at any time request
CONTRACTOR in writing to permit OWNER
to take over operation of any such part of the
Work although it is not substantially complete.
A copy of such ~est will be sent to
ENGINEER and within a reasonable time
thereafter OWNER, CONTRACTOR and
ENGINEER 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 ENGINEER that such part of the
Work is not ready for separate operation by
OWNER, ENGINEER 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
ENGINEER). 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
ofpart of the Work will be accomplished prior
to compliance with the requirements of
paragraph 5.15 in respect of property
insurance.
Final Inspection:
14.11. Upon written. notice from CONTRACTOR that
the entire Work or an agreed portion thereof is
complete, ENGINEER 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 deficiencies.
Final Appllcation for Payment:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and
delivered all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates of inspection,
marked-up record documents (as provided in paragraph
6.19) and other documents-all as required by Contract
Dt'lr.nrnM1t~, and after ENGINEER has indicated that the
Work is acceptable (subject to the provisions of
paragraph 14.16), CONTRACTOR may make
application for final payment following the procedure
for progress payments. The final Application for
Payment shall be accompanied by all documentation
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called for in the Contract Documents, together with
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 thereof and
as approved by OWNER, CONTRACTOR may furnish
receipts or releases in full; an affidavit of
CONTRACTOR that the releases and receipts include
all labor, services, material and equipment for which a
Lien could be filed, and that 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; and consent of the surety, if any, to
final payment. If any Subcontractor or Supplier fails to
furnish a release or receiJX in full, CONTRACTOR may
furnish a Bond or other collateral satisfactory to
OWNER to indemnify OWNER against any Lien.
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Final Payment and Acceptance:
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14.13. If, on the basis of ENGINEER's observation
of the work during constroction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation- all as
required by the Contract Documents, ENGINEER is
satisfied that the Work has been completed and
CONTRACfOR's other obligations under the Contract
Documents have been fulfilled, ENGINEER will, within
ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's
recommeodation of payment and present the Application
to OWNER for payment. Thereupon ENGINEER will
give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provisions of
paragraph 14.16. Otherwise, ENGINEER 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.
Thirty days after presentation to OWNER of the
Application and accompanying documentation, in
appropriate form and substance, and with ENGINEER's
recommf'Jrlrudion and notice of acceptability, the amount
~ by ENGINEER will become due and will
be paid by OWNER to CONTRACTOR.
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14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt
ofCONTRACfOR's final Application for Payment and
recommendation of ENGINEER, and without
terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed
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and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is
less that the retainage stipulated in the Agreement, and
if Bonds have been furnished as required in paragraph
5.1, 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 ENGINEER 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.
Contrcutorls 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 ENGINEER, nor
the issuance of a certificate of Substantial Completion,
nor any payment by OWNER or CONTRACTOR under
the contract Documents, nor any use or occupancy of
the Work or any part thereof by OWNER, nor any act
of llCCeIXance 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 ENGINEER pursuant to paragraph 14.13, nor any
correct of defective Work by OWNER will constitute an
accqXance of Work not in accordance with the Contract
Documents or a release of CONTRACTOR's obligation
to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment
will constitute:
14.16.1. a waiver of all claims by OWNER
against CONTRACfOR, except claims arising
from unsettled Liens, from defective Work
appearing after final inspection pursuant to
paragraph 14.11 or from failure to comply
with the Contract Documents or the terms of
any special guarantees specified therein;
however, it will not constitute a waiver by
OWNER of any rights in respect of
CONTRACTOR's continuing obligations
under the Contract Documents; and
14.16.2. a waiver of all claims by
CONTRACTOR against OWNER other than
those previously made in writing and still
unsettled.
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ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
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Owner May Suspend Work:
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15.1. OWNER may, at any time without cause,
suspend the Worle or any portion thereof for a period of
not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the
date on which Worle will be resumed. CONTRACTOR
shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an increase in the
Contract Price or any extension of the Contract Time,
or both, directly attnoutable to any suspension if
CONTRACTOR makes an approved claim thereof as
provided in Articles 11 and 12.
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OWNER May Terminate:
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15.2. Upon the occurrence of anyone or more of the
following events:
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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:
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15.2.2. if a petition is filed against
CONTRACTOR under any chapter of the
Banlauptcy 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;
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15.2.3. if CONTRACTOR makes a general
assignment for the benefit of creditors;
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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 Anm;n;l:tration of
such property for the benefit of
CONTRACTOR's creditors;
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15.2.5. if CONTRACTOR admits in writing
an inability to pay its debts generally as they
become due;
15.2.6. if CONTRACTOR persistently fails
to perform the Work in accordance with the
Contract Documents (mcluding, 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 ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates
in any substantial way any provisions of the
Contract Documents;
OWNER may, after giving CONTRACTOR (and
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, constmction 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 consequ.emial costs of completing the Work
(including but not limited to fees and charges of
engineers, 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 ENGINEER 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
Worle performed.
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15.3. 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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15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right
or remedy, elect to abandon the Work and terminate the
Agreement. In such case, expense sustained plus
reasonable termination expenses, which sequential costs
(including, but not limited to, fees and charges or
engineers, architects, attorneys and other professionals
and court and arbitration costs).
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Contrrutor May Stop Work or Terminaie:
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15.5. If, through no act or fault of CONTRACTOR,
the Work is suspended for a period of more than ninety
days by OWNER or under an order of court or other
f'lblic authority, within thirty days after it is submitted,
or OWNER fails for thirty days to pay CONTRACTOR
any sum finally determined to be due, then
CONTRACTOR may under seven days' written notice
to OWNER and ENGINEER, terminate the Agreement
and recover from OWNER payment for all Work
executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of
terminAting the Agreement, if ENGINEER has failed to
act on an Application for Payment or OWNER has
failed to make any payment as aforesaid,
CONTRACTOR may upon seven days' written notice
to OWNER and ENGINEER stop the Work until
payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.29 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 - ARBITRATION
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16.1. 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 (except for claims which have been
waived by the making or acceptance of final payment as
provided by paragraph 14.16) will be decided in the
Superior Court of Richmond County, Georgia.
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ARTICLE 17 - MISCELLANEOUS
Giving Notice:
17.1. Whenever any prOVISIOD of the Contract
Dcx::umems 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.
CompuJation 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 will 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 6.30, 13.1, 13.12,
13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are
in addition to, 8Dd 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
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by Laws or Regulations, by special WllITlUlty or
guarantee or by other provisions of the Contract
Dcx:umems, and the provisions of this paragraph will be
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.
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I SGC-O 1.
I SGC-02.
I SGC-03.
SGC-04.
I SGC-05.
I SGC-06.
SGC-07.
I SGC-08.
I SGC-09.
I SGC-lO.
SGC-l1.
I SGC-12.
I SGC-13.
SGC-14.
I SGC-15.
I SGC-16.
I SGC-17 .
SGC-18.
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SUPPLEMENTAL GENERAL CONDITIONS INDEX
Owner's Liability and Property Insurance
Contractor I s Liability Insurance
Special Hazards
Testing Laboratory
Surveys
Progress Payments
Drawings
Rights-of-Way
Estimate of Quantities
Existing Structures and Utilities
Contractor's Breakdown of Lump Sum Payment Items
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
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SGC-Ol.
OWNER'S LIABILITY & PROPERTY INSURANCE:
Sections 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10 of the General Conditions shall be amended
as follows:
No additional liability or property insurance will be purchased by Augusta-Richmond
County Commission for this project.
Current insurance coverages will remain in effect for the life of this Contract.
SGC-02.
CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in an amount not less than $300,000 on
account of one accident, and Contractor's Property Damage Insurance in an amount not less than
$100,00.
The Contractor shall either (1) require each of his subcontractors to procure and to
maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance
of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the
activities of his subcontractors in his own policy.
SGC-03.
SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance
shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Georgia Highway System and the
Augusta-Richmond County Road System.
(b) Work within easements granted by property owners in connection with the
construction of the project.
(c) Work in close proximity to existing water lines, power lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job site.
SGC-04.
TESTING LAB ORA TORY:
All materials testing and laboratory work in connection therewith shall be paid for by ,
the Contractor and approved by the Engineer.
SGC-l
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SGC-05.
SURVEYS:
The Engineer will provide horizontal control points and benchmarks for vertical
control. The Contractors will provide surveying for construction stake-out.
SGC-06.
PROGRESS PAYMENTS:
Section 14.2 of the General Conditions shall be amended as follows:
The Contractor may submit monthly estimates for materials and work installed and
complete, in place. No payment will be made on the basis of material and equipment
delivered and stored on site and not incorporated in the work, complete and in place.
Monthly payments shall be made in the amount of ninety (90) percent work completed
and approved by the Engineer. Payments will be made to the Contractor by the 15th
of the month completed the previous month.
This agreement is intended by the Parties to, and does, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the
event any provision of this Agreement is inconsistent with any provision of the Prompt
Pay Act, the provision of this Agreement shall control.
Not withstanding any provision of the law to the contrary, the parties agree that no
interest shall be due Contractor on any sum held as retainage pursuant to this
Agreement and Contractor specifically waive any claim to same.
SGC-07.
DRAWINGS:
The Engineer will furnish to the Contractor all copies of drawings reasonably
necessary for the execution of the work. Location of all features of the work included in the Contract
are indicated on the Contract Drawings. The following drawings comprise the plans for this contract:
Sheet No. Iitk ~
1 Cover Sheet May 5, 1998
2 General Notes & Details May 5, 1998
3 Development Plan May 5, 1998
4 Sanitary Profile May 5, 1998
SGC-2
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SGC-08.
RIGHTS-OF-WAY:
The OWNER will furnish all land and rights-of-way necessary for the carrying out of
this contract and the completion of the work herein contemplated and will use due diligence in
acquiring said land and rights-of-way as speedily as possible. But it is possible that all lands and
rights-of-way may not be obtained as herein contemplated before construction begins, in which event
the contractor shall begin his work upon such land and rights-of-way as the OWNER may have
previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in
obtaining the remaining lands and rights-of-way. Should the OWNER be prevented or enjoined from
proceeding with the work or from authorizing its prosecution, either before the commencement, by
reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said
work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said
delay or to withdraw from the contract except by consent of the OWNER; but time for completion
of the work will be extended to compensate for the time lost by such delay; such determination to be
set forth in writing and approved by the OWNER.
SGC-09.
ESTIMATE OF OUANTITIES:
The estimated quantities of work to be done and materials to be furnished under this
contract if shown in any of the documents including the bid are given only for use in comparing bids
and to indicate approximately the total amount of the contract and the right is especially reserved
except as herein otherwise specifically limited to increase or diminish them as may be deemed
reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract
and such increase or diminution shall in no way vitiate this contract nor shall any such increase or
diminution give cause for claims or liability for damages.
SGC-IO.
EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground utilities indicated on the
plans are not guaranteed and shall be investigated and verified in the field by the contractor before
starting work. The contractor shall be held responsible for any damage to and for maintenance and
protection of existing utilities and structures.
SGC-l1.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The contractor shall, immediately after the contract has been awarded, submit to the
Augusta Utilities Department Director for his approval, a breakdown showing estimates of-all costs
apportioned to the major elements of equipment, material and labor comprising the total work
included under any of the lump sum items shown in the proposal. These estimates as approved will
serve as the basis for estimating of payments due on all progress estimates.
SGC-3
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SGC-12.
PRIOR USE BY OWNER:
Prior to completion of the work, the OWNER (by agreement with the Contractor) may
take over the operation and/or use of the incompleted project or portions thereof. Such prior use of
the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor
from any of the requirements of the Contract Documents.
SGC-13.
CLEANING UP:
The Contractor shall keep the premises free from the accumulation of waste material
and rubbish and upon completion of the work, prior to final acceptance of the completed project by
the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools,
etc., and leave his work in a clean condition, satisfactory to the Augusta Utilities Department
Director.
SGC-14.
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the contractor shall provide adequate
warning and protection for pedestrian and vehicular traffic from any hazard arising out of the
contractor's operations and will be held responsible for any damage caused by negligence on his part
or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes,
sidewalks and driveways will be kept open and clear at all times except as provided below. The
contractor shall not block traffic on any street more than 30 minutes or such other time as the agency
having jurisdiction may specify, without written permission from such agency. Before leaving the
work each night, it shall be placed in such condition as to cause the least possible hazard therefrom.
Should the contractor fail to comply with the provisions of this paragraph, the Owner may, with his
own forces, provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate hazards,
construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to
the contractor.
SGC-lS.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to business establishments during
all times they are open for business, to churches, schools and other institutions during the time they
are open and to all residential and other occupied buildings or facilities at all times. Bridges across
open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges
with handrail protection will be required for crosswalks at street intersections. It is recognized that
it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The
Contractor shall, however, plan and pursue this operations so as to minimize the time that direct
entrance is blocked.
SGC-4
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SGC-16.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and perform operations in such
a manner that siltation and bank erosion will be minimized during all phases of construction. Any
areas disturbed during the course of construction shall be restored to a condition equal or better than
the original condition.
SGC-17.
BYPASSING SEW AGE:
The Contractor will be required to schedule and coordinate construction sequences and
operations and to use temporary construction and other approved methods which will minimize the
bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open
ditches or streams will not be permitted.
SGC-18.
SAFETY AND HEALTH REGULATION&:
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational and Health Act of 1970 and under
Section 107 of the Contract Work Hours and Safety Standards Act.
SGC-5
TABLE OF CONTENTS
Technical Specifications
Ii11&.
Clearing & Grubbing
Excavation, Trenching & Backfilling
Grading
Sanitary Sewer and Appurtenances
Storm Sewer and Appurtenances
Water Distribution
Concrete
Concrete Curb & Gutter
Bituminous Paving
Finish Grading and Grassing
No. of Pages
1-2
1-5
1-3
1-8
1-7
1-7
1
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1-3
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TEC~CALSPECllITCATIONS
SECTION I
CLEARING AND GRUBBING
TSI-Ol.
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.
TSI-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 designated by the Engineer to be left
standing, and all stumps, roots and brush in the 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 tree 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 barriers or by such other means as 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.
TSI-03.
GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the
site as indicated on the drawings or as directed by the Engineer. In foundation areas, stumps, roots, logs or other
timber, matted roots, and other debris not suitable for foundation purposes shall be excavated and removed to a
depth not less than 18 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.
TSI-04.
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 ~
the Contractor or otherwise disposed of as approved by the Engineer. When 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.
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TSI-05.
PAYMENT:
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No separate payment will be made for the work covered under this section. Clearing and
grubbing will be considered as subsidiary obligations of the Contractor for the construction of the sewer
improvements and the cost involved shall be included in the applicable contract lump sum or unit price bid for
sewer pipe, water main, and appurtenances, complete in place.
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TEC~CALSPECnnCATIONS
Section IT
EXCA V ATION. TRENCHING AND BACKFILLING
TS2-01.
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 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.
TS2-02.
EXCAVATION:
a.
General:
Excavation shall be in accordance with OSHA Safety Requirements.
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. Water mains shall have a minimum cover of 36".
c. Trench Excavation: The banks of trenches shall be kept as nearly vertical as practicable,
and where required, shall be properly sheeted and braced. The width of trenches at and below the level of the
pipe shall provide a minimum of six inches and a maximum of 12 inches clearance on each side of the bell ofthe
pipe. The width of the trench above this level may be made wider as necessary for sheeting and bracing and the
proper installation of the work.
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 -tbe 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.
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 over depth of four inches and maximum of 12 inches below the normal required
trench depth. The over depth rock excavation and all excess trench excavation shall be backfilled with well-
graded crushed stone or crushed gravel meeting the requirements of AS1M C-33, Gradation 67 (3/4" to #4).
Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the
Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth
required for the lengths designated by the Augusta-Richmond Utilities Department and the trench backfilled to
trench bottom grade with crushed stone or gravel as specified above.
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d. Dewatering and Drainage: All excavations shall be protected from flooding by surface
waters (rain runoff, etc.).
Dewatering by pumping or well pointing from excavated areas shall be performed by the
Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to
the Owner.
Water removed from the excavated areas shall be conveyed in a proper manner to a
suitable point of discharge where it will neither cause injury to public health, damage to public or private
property .
To guard against the danger of flotation of empty or partially empty pipe due to a high
water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill
has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is
entirely submerged.
e. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as
necessary to protect life or property. Excavations shall not be made until shoring has been completed. All
existing structures, streets, pipes and foundations which are not to be removed or relocated shall be adequately
protected or replaced by the Contractor without cost to the City. The Contractor shall adequately protect the
work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring
and bracing or by sloping the banks in accordance with the angle of repose of the soil.
f. Excess Material: Excess excavated material not suitable or required for backfill or filling
shall be wasted as directed by the Augusta-Richmond Utilities Department.
g. Stockpiles: Excavated material to be used for backfill shall be stockpiled as directed by
the Augusta-Richmond Utilities Department. Excavated material shall be deposited a sufficient distance from
the side of the excavation wall to prevent excessive surcharge.
h. Blasting: Where blasting is necessary, it shall be done in accordance with local
ordinances by skilled operators and precautions shall be taken to avoid damage. Suitable mats shall be provided
to confine, within the limits of the excavations, all materials lifted by blasting.
TS2-03.
BACKFILLING:
Trenches and other excavations shall not be backfilled until all required tests are performed and
the work has been approved by the Augusta-Richmond Utilities Department. The trenches shall be carefully
backfilled with earth, loam, sandy clay, sand and gravel, soft shale or other approved materials. No material
shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete
or pavement or other hard materials having any dimension greater than two 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 materials shall be used. Selected materials shall be approved by the Augusta-
Richmond Utilities Department 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 uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and
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tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral
displacement.
The remainder of the backfill material shall then be placed and compacted above the level
specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and each layer
moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways,
paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed
in 6-inch layers and each layer moistened and compacted. After compaction, the dry weight per cubic foot for
each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by AS1M
D698.
Any trenches which are improperly backfilled or where settlement occurs, shall be reopened to
the depth required for proper compaction, then refilled and compacted with the surface restored to the required
grade and compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to
a reasonable uniformity and the excess material wasted as directed by the Augusta-Richmond Utilities
Department.
Sheeting not specified to be left in place shall be removed as the backfilling progresses.
Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the Augusta-Richmond
Utilities Department, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left
in place.
All compaction testing for backfilled areas will be scheduled by Augusta-Richmond County
Utilities Department personnel. Contractor will not be responsible for providing testing services.
TS2-04.
PAVEMENT REPLACEMENT:
The Contractor shall replace all pavement removed, undermined 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 performed.
Pavement replacement shall be started as soon as possible after completion of backfill. 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 the thickness shall be 6 inches.
c. Sidewalks: Same as concrete pavement except that the thickness shall be 4 inches.
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consist of a 6 inch thickness of 3,000 psi concrete placed to asphalt pavement elevation after milling and prior to
overlay. After the concrete has attained sufficient strength, 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 conforming to Georgia Department of Transportation, Type liE",
shall then be constructed on the prepared base, where required for patching.
e. Concrete Curb and Gutter: Concrete curb or curb and gutter which has been removed
shall be replaced to match the adjacent curb in type and dimensions. 3,000 psi concrete shall be used in
construction of curb and gutter.
f. 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.
g. Brick Pavement: Replace brick on 6 inch concrete. New pavement shall match existing
,construction.
TS2-05.
EXISTING IMPROVENfENTS:
The Contractor shall maintain in operating condition and protect from damage all existing
improvements including utilities, sewers, gutters and other drains encountered and repair to the satisfaction of the
Engineer a~y surface or subsurface improvement damaged during the course of the work. The Contractor shall
also make reasonable and satisfactory provisions for the maintenance of highway and street traffic.
TS2-06.
RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced by operations or acts of any of his
agents or employees. Such restorations shall include seeding, sodding and transplanting of lawns, hedges,
ornamental plantings and the repair or replacement of driveways, walks or other facilities.
TS2-07.
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 a no pay
item.
TS2-08.
MEASUREMENT:
1. Excavation and Backfill: Unclassified excavation and backfill of excavated materials
including satisfactory removal and disposal of excess material shall not be measured for payment and all costs
shall be included in the applicable contract payment item as set forth in the Proposal.
2. Crushed Stone or Gravel: The quantity of crushed stone or gravel authorized by the
Augusta-Richmond Utilities Department to refill or unsuitable material excavation shall be the actual tons of
stone installed and accepted. Crushed stone or gravel required to backfill unauthorized over-excavation in either
width or depth will not be measured for payment.
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3. Select Material: Select material authorized by the Augusta-Richmond Utilities
Department to replace unsuitable material for backfilling excavations and fill shall be measured on a cubic yard
basis truck measure, complete installed and accepted.
4. Pavement Replacement: Pavement replacement - 8" thick concrete pavement, 6" thick
concrete driveway pavement, 4" thick concrete sidewalk pavement, asphalt concrete pavement, brick pavement
will be measured on a square yard basis complete and accepted, except where shown on plans or approved by the
Augusta-Richmond Utilities Department. Limit of measurement for pavement replacement over trench
excavation shall be the pipe outside diameter plus three (3) feet. Limit of measurement around manholes and
structures shall be two (2) feet beyond the outside wall.
a. Curb and Gutter: The quantity of curb and gutter measured shall be the actual
. linear feet of curb and gutter replaced, complete and accepted. Except where shown on plans and approved by
the Augusta-Richmond Utilities Department, the limit of measurement shall be the pipe outside diameter plus
three (3) feet plus distance on either side of above width centered over pipe to closest construction or expansion
joint on either side.
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b. Granite Curb: The quantity of granite curb removed and replaced shall be the
actual linear feet of granite curb and gutter removed and replaced, complete and accepted. Limit of measurement
shall be same as for curb and gutter.
TS2-09.
PAYMENT:
No separate payment will be made for excavation and backfilling; refilling of over-excavation;
dewatering and drainage; sheeting and shoring; stockpiling; blasting; pavement replacement and curb and gutter
and granite curb replaced outside specified limits; protection and replacement of existing improvements damaged
by Contractor's operations; restoration of property damaged by Contractor's operations; salvage material or other
items of work except items as itemized below for payment and all such costs shall be included in the applicable
contract unit price or lump sum bid items.
Measured items shall be paid for at the contract unit or lump sum price for the items as set forth
in the proposal, which payment shall be full compensation for the work, complete in place and accepted.
Payment will be made under the following:
Select Material *
Crushed Stone or Gravel
8" thick Concrete Pavement
6" thick Concrete Driveway Pavement
4" thick Concrete Sidewalk Pavement
Asphalt Concrete Pavement
Brick Pavement
Curb and Gutter
Granite Curb
per cubic yard
per ton
per square yard
per square yard
per square yard
per square yard
per square yard
per linear foot
per linear foot
*Contractor will not be responsible for providing compaction testing of excavated and backfilled areas.
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TEC~CALSPECnnCATIONS
SECTION ill
GRADING
TS3-01.
SCOPE:
This section covers grading for all project streets, roads, sidewalks, and adjacent driveways,
complete.
TS3-02.
REFERENCE:
All referenced Sections and Articles refer to the Standard Specifications for the "Construction of
Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition).
TS3-03.
GENERAL:
All work covered in this section will be in accordance with requirements ofD.O.T.
Specifications, Section 205, except as specifically specified herein.
TS3-04.
EXCAVATION:
a. The term "excavation" used hereinafter is defined as "unclassified excavation".
Excavation of every description regardless of material encountered within the grading limits of the project, shall
be performed to lines and grades indicated, it shall consist of the removal of anything which is necessary but not
covered by a specific bid item and which may be encountered in the grading operation. Use only suitable
excavated material devoid of weeds, underbrush, roots, wood, trash of every description, and other foreign matter
for fill areas. If existing soil conditions are exposed during excavating which contain decaying matter or other
unsuitable materials, see Select Refill for specific instructions on excavation below plan grades. During
construction, excavation shall be performed in a manner and sequence that will provide drainage at all times.
Material required for fills in excess of that produced by excavation within grading limits shall be excavated from
off-site areas selected by Contractor.
b. Select Refill Material: During construction if it is determined by Engineer that the soil
encountered is unstable or unsuitable, he may direct additional excavation beyond the plan grades to remove such
unsuitable material. Backfilling material shall conform to Georgia State Highway Specification, Section 812 -
Backfill Materials, Type I or Type II as required by the Engineer.
c. Driveways: To make the necessary driving grade approach to the gutter line it may be
necessary to grade beyond the RJW limit. A unit pay item is included in the proposal for each Driveway graded
beyond the RJW limit.
d. All existing driveways shall be graded from the elevation of the new curb to the Right-
of-way. This will be a no pay item, and shall be included in the lump sum bid for grading.
TS3-05.
PROTECTION OF EXISTING SERVICE LINES AND UTILITIES STRUCTURES:
All existing utility lines or structures as well as utility lines constructed during excavation
operations shall be protected from damage during excavating and backfilling, and if damaged, shall be repaired
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by the Contractor at his expense. The Atlanta Gas Light Co. shall be notified prior to commencing work on a
street, so they may have a representative on the job to assist in locating and preserving their lines.
TS3-06.
BACKFILL ADJACENT TO STRUCTURES:
Backfill adjacent to structures shall be placed and compacted uniformly to prevent wedging
action or eccentric loading upon or against structures. Slopes bounding or within areas to be backfilled shall be
stopped or serrated to prevent sliding of fill.
TS3-07.
COMPACTION:
a. Under Roadways: Compact each layer of fill to at least 95% of maximum density to within
one foot of the top of the embankment. The top 12 inches shall be compacted to at least 98% of maximum
density. Compaction shall be based upon the Standard Proctor Method, AASHO T-99.
b. Other Areas: Compact each layer of fill t at least 95% of maximum density based upon the
Standard Proctor Methods, ASSHO T-99.
TS3-08.
RESTORATION OF PROPERTY:
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 oflawns, hedges, ornamental
planting, and repair or replacement of driveways, walks, fences, steps, or other facilities which are not shown as
a unit price item and shall be at least equal in quality to original undisturbed work.
TS3-09.
RECONSTRUCTION OR ADJUSTMENT TO GRADE OF MISCELLANEOUS
ROADWAY STRUCTURES:
Contractor shall reconstruct or adjust to finished top of pavement grade, all manholes,
underground pipelines, watermeters, water valves, catch basins, or the like, within the roadway or as directed by
the Augusta-Richmond Utilities Department.
All work shall comply with the applicable requirements ofD.O.T. specifications, Section 611, and shall be
included in the unit price of the proposal.
TS3-10.
MEASUREMENT AND PAYMENT:
a. Select Refill Material: Payment for Select Refill Material Type I will be made at the
Contract Unit Price per cubic yard as set forth in the proposal and shall represent full compensation for
excavation and removal of unsatisfactory material, furnishing and installing the Select Refill Material. Payment
for Type II refill material shall be made at the contract unit price per ton, complete in place.
b. Unclassified Excavation: Unclassified excavation shall be paid for on a lump sum basis as
indicated by the appropriate item of the bid proposal. This price and payment shall constitute full compensation
for all labor, equipment, tools, and incidentals necessary to complete all items of work, rolling, compacting,
bedding, and backfilling, the preparation and completing of subgrade, ditches and shoulders, finishing and
protection of completed slopes and surfaces and the disposal of all waste materials as specified herein and not
covered by a specific bid item.
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c. Restoration of Property: No payment will be made for the restoration of property. All such
costs will be considered obligation of the contract which are subsidiary to and included in the applicable contract
prices for which the work is required.
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d. Reconstruction of Adjustment to Grade of Miscellaneous Roadway Structures: Adjustment to
grade of miscellaneous roadway structures shall apply to structures, excluding underground pipelines, where the
top elevation and/or throats are raised or lowered and shall be measured and paid for at the price per each
indicated in the bid proposal.
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Reconstruction shall apply to structures, including underground pipe lines, other than adjustment as defined
above. Reconstruction of roadway structures complete and accepted shall be paid for as reconstructing each type
of structure at a price per linear foot indicated in the bid proposal, or as a unit bid price.
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TEC~CALSPECnnCATIONS
Section IV
SANITARY SEWER AND APPURTENANCES
TS4-01.
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.
TS4-02.
APPLICABLE SPECnnCATIONS:
The latest edition of the following specifications form a part of this section of the specifications:
a. American Society of Testing Materials Specifications:
ASTM Des. C-12
ASTM Des. C-76
ASTM Des. C-700
ASTM Des. C-425
Installing Clay Sewer Pipe.
Reinforced Concrete Culvert, Storm Drain and Sewer Pipe
Extra Strength Clay Pipe.
Vitrified Clay Pipe Joints using materials having resilient
properties.
Joints for Circular Concrete Sewer and rubber-type gaskets.
Precast Reinforced Concrete Manhole Risers and Tops.
ASTM Des. C-443
ASTM Des. C-478
b. Federal Specifications:
SS-B-656
Brick: Building (Common) Clay
c. Manufacturers Specifications:
Johns-Manville Perma-Loc Pipe
TS4-03.
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 drawing 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 specifically called for on both.
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TS4-04 MATERIALS:
(a) General: All materials furnished by the Contractor shall be new and shall meet the requirements
of the applicable specifications in this paragraph. The pipe installation is designated for the rigid pipe
listed in the substitution schedule with a minimum factor-of-safety of 1.5 when installed in accordance
with these specifications. Except where called for on the plans, the Contractor may use any type of rigid
pipe in accordance with the following substitution schedule.
The Contractor may also use flexible pipe meeting this specification. The Contractor shall modify the
pipe bedding and installation procedures as outlined herein in accordance with the pipe manufacturer's
recommendation to provide a maximum limiting deflection of 5% of the nominal pipe diameter under
loads for this installation. Calculations shall be furnished the Augusta-Richmond Utilities Department
upon request.
SUBSTITUTE SCHEDULE FOR RIGID PIPE
Pipe Size
Clay Pipe Concrete Reinforced Concrete
C-700 C14 Ex. Str. ---------------
" II
---------------
" "
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" II C-76 Class III
" " II
" " "
6"
8"
10"
12"
15"
18" or larger
b. Pipe (Rigid Type):
1. Non-Reinforced Concrete Pipe: ASTM Specification C-14.
2. Reinforced Concrete Pipe: ASTM Specification C-76 sizes.
3. Clay Pipe: ASTM Specification C-700, Extra Strength for all sizes.
c. Pipe (Flexible):
1.
2.
Polyvinyl chloride (pVC) sewer pipe per ASTM Specification D-3034, SDR-35.
Johns-Manville Penna-Loc PVC pipe.
d. Joints and Jointing Materials:
1. Rubber Gasket Joints for Concrete Pipe: All concrete pipe shall be provided
with a-ring rubber gasket joints confonning to the requirements of ASTM
Designation C-443. Gaskets shall have a 45 plus or minus 5 when measured in
accordance with ASTM Designation D-2240. The pipe joints shall be designed
to withstand the gasket compression.
2. Vitrified Clay Pipe Joints Using Material Having Resilient Properties: Resilient
joints shall confonn to the requirements of ASTM Designation C-425, Type III.
3. Reinforced Polyester Mortar Pipe: O-ring rubber gasket joints.
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4. Polyvinyl Chloride: Rubber gasket.
TS4-05.
INSTALLATION:
(a. 1) Pipe Laying: 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 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 line and grade in such manner as to form 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 permissible width of the trench at the elevation of
the top of the pipe is exceeded for any other reason than 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, earth or other foreign substance can enter the line.
(a.2) Flexible pipes shall be installed so as to support the dead loads (backfill) and live loads
(units, equipment, etc.) with a limiting vertical deflection of no more than 5% of the normal pipe diameter. The
Contractor shall install the pipe in accordance with the manufacturer's recommendations and in accordance with
ASTM D-232l-74. The Contractor shall demonstrate that theJimiting vertical deflection requirement of this
specification is met by testing every section of pipe with the diameter of 8" or larger with a Go-No-Go device
approved by the Augusta-Richmond Utilities Department.
Design loading criteria: ASCE No.3 7
(a)
(b)
(c)
Dead Load:
Live Load:
Impact Factor:
(Earth backfill) 120 #/Cu. Ft.
10,000 # wheel load
1.5
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.
TS4-06.
CONCRETE CRADLES, SADDLES AND ENCASEMENT:
The Contractor shall install concrete cradles, saddles or encasements 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.
TS4-07.
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
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be constructed with cast iron frames and covers in accordance with the details as shown on the plans. The base
of the manhole shall be constructed of3,OOO psi concrete as specified elsewhere in these specifications. The
invert channels shall be smooth and accurately shaped to the semicircular 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 the true curvature as the size of the manhole will permit. Manhole steps shall be spaced
as shown on the plans.
b. Types:
1. Brick Manholes: Brick for manholes shall conform to Federal Specifications
SS-B-656, Type H. All brick shall be thotoughly 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.
Details of the manhole shall conform to the plans. Brick shall be laid up with the 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, brick work and mortar shall be
protected against low temperatures.
2. Precast Concrete Manhole: Precast manholes consisting of precast riser and
tops, conforming to the requirements of ASTM Designation C478-6IT, may be used in lieu of brick manholes.
The precast top section shall be of the eccentric cone type. The lower end of the section shall be set in a bed of
mortar in a recess formed in the base slab and the outside of the joint shall then be sealed with a level fillet of
mortar. The joints in the riser pipe shall be set in and sealed with cement mortar as specified above.
3. Poured-in-Place Concrete: The manhole construction shall be similar in detail to
manholes shown on the plans. Concrete shall have a 28 day compressive strength of 3,000 psi when tested in
accordance with ASTM Specifications C-39. The base shall be poured monolithically with the rest of the
manhole. The base shall have a minimum diameter 8" greater than the outside diameter of the manhole and a
minimum thickness including the area under the pipe as follows:
0' to 8' depth
8' to 12' depth
12' and above
8"
10"
12"
Reinforcing in the bottom shall be #4 bars at 11 inches on center each way.
The manhole barrel wall shall be a minimum of 6" thick. Reinforcing is not required.
The first pour shall consist of approximately 1/2 cubic yard deposited evenly around the walls. The concrete
must be carefully rodded or vibrated on each side of each pipe. Additional concrete should be deposited in
evenly distributed layers not to exceed 18" with each layer vibrated or rodded to bond it to the proceeding layer.
Form marks and offsets up to 1/2" will be permitted inside the manhole. All offset on edges inside the manhole
will be smoothed and plastered with a mortar consisting of three parts of masonry sand to one part of Portland
Cement immediately upon removal of the forms. If cracks occur or excessive honeycombs appear after form
removal, at the opinion of the Augusta-Richmond Utilities Department, the entire manhole will be removed at
the Contractor's expense and repoured.
No cold joint pours witl be permitted.
The top of the barrel shall have the form of an eccentric cone so that manhole steps are on a vertical face.
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4. Manhole Steps: Manhole steps shall be installed in all sections of each manhole as
indicated on the drawings. 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 mortar to prevent leakage. Steps shall be of cast iron,
Sumpter Machinery Company #1 or approved equal.
5. Manhole Frames and Covers:
General: Manhole frames and covers in improved areas or streets shall set flush with the
finished grade. In unimproved areas or where no finished grade is established, the top of the frame and cover
shall be set one foot above the existing ground, unless otherwise directed. The word SEWER shall be cast on the
manhole cover.
Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to
AS1M A-48, Class 30, gray iron. Casting 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. All bearing surfaces
shall be machined to provide mating and to eliminate rocking. Standard frames and covers shall be Sumpter
Machinery Company No. MF-68L frames and MC-68L covers.
Installation: The top of the manholes shall be topped out with brick as indicated on the
drawings. The number of courses will depend on the required elevation of the top of the manhole. The brick
shall be laid radially in header courses with joints broker by staggering each successive course. The manhole
ring and cover shall be 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 damage by freezing.
Outside Drop Connections: Where specified, drop connections to manholes shall be
constructed in accordance with Paragraph 06 and pipe and fittings in accordance with Paragraph 04.
TS4-08.
STUB-OUT FOR FUTURE SEWERS:
Where and to the extent indicated on the plans, pipe stub-outs for the connection of future sewers
shall be provided during the construction of new manholes of the sewer. Joints shall conform to the requirements
of Paragraph 04 of these specifications. Each stub-out shall be plugged with a clay or concrete pipe plug sealed
in the bell end of the stub-out.
TS4-09.
TIE-IN OF EXISTING SEWERS:
Existing sewers shall be tied-in to the new sewers at locations indicated on the plans. New
manholes will be constructed at the intersection of the two sewers with the existing sewer passing through the
manhole. After the completion of the manhole, the portion of the existing sewer inside the manhole will be
removed in a neat manner to allow the flow of sewerage to enter the manhole. When the flow of the existing
sewer is to be diverted into the new sewer, the open end of the existing sewer in the opposite wall will then be
closed and sealed with a precast plug or masonry bulkhead coated with cement mortar plaster.
TS4-10.
SIDE SEWERS:
1. General: 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 Augusta-Richmond
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Utilities Department. The side sewer connection to the street sewer shall be as follows:
New 8",10", or 12" Y fitting in street sewer with 45 degree elbow
New 15" and larger or existing
street sewer
Machine made tap and suitable saddle or otherwise as
approved by the Augusta-Richmond Utilities Department.
The Contractor shall install a side sewer where shown on the plans or directed by the Augusta-Richmond
Utilities Department 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 uniform grade between fittings on a uniform 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 materials 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 of 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 cleanout provided on the straight leg.
TS4-11.
"DRY BORE AND JACK" METHOD:
MATERIALS:
1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A-
211, Grade B, with minimum wall thickness as shown on the plans. Steel pipe will have a minimum yield strength of
35,000 PSI. Casing pipe shall be joined together with welded joints.
2. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein.
3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If
voids 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 Augusta-Richmond Utilities
Department.
When installing water line through casing, the Contractor shall use mechanical joint pipe with retainer
glands/megalugs throughout length of casing. The water main shall be strapped to 8-foot long wooden skids with
metal straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar.
TS4-12.
FIELD TESTS:
1. 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.
2. 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
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have been maintained.
3. 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.
4. Infiltration: A maximum allowable rate of infiltration into sewer lines shall be limited to 100
gallons per inch of diameter per mile of sewer per 24 hours. 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: The 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. In the event that rainfall is insufficient to allow a satisfactory
test before the date of completion of the work, the Contractor will be required to conduct the tests at any time up
to 30 days following the completion date. The test shall be made up to three measurements of flow taken at
hourly intervals. The amount of infiltration shall be computed from the average flow measured.
The Contractor shall provide and install all necessary measuring 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.
TS4-13.
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 oflawns, hedges, or
ornamental plantings and the repair or replacement of driveways, walks, 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 procedure, if necessary, has been completed.
l'S4-14.
CLEAN UP AND lREP AIRING:
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.
TS4-15.
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 carned out. During this inspection, the Contractor shall, at his own expense, make
provisions for suitable drainage and maintenance.
TS4-16.
MEASUREMENT:
1. Street or Main Sewer Pipe: Sewer pipe shall be measured in place from center to center
of manholes or structures without deductions for length of line through the structures. Depth of cut shall be
measured from the ground surface to the pipe invert.
2. Side Sewers: Measurement shall be along the pipe from the outside surface of the main
sewer or manhole connection to the extreme end of the last pipe or fitting placed, through tees, wyes and other
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fittings; and from the center of the side sewer along the center line of any branch to the extreme end of the last
pipe or fitting placed, through tees, wyes, or other fittings. Plugged wyes or tees shall not be considered
branches. Measurement shall be to the nearest one-tenth (0.1) foot. Fittings shall not be measured for payment.
3. Standard Manhole: The number of standard manholes to be paid for shall be the actual
number of standard manholes, installed, complete, including frame and cover and accepted. Standard manholes
shall have a depth dimension of between 0' and 6' measured from the invert of the lowest outlet pipe to the top of
concrete or masonry the frame and cover sits on.
4. Manhole - Additional Depth: The depth of each manhole shall be measured as specified
above and subtracting 6.0 feet from this depth shall be the additional depth of each manhole. Measurement shall
be to the nearest one-tenth (0.1) foot.
5. Concrete Cradles and Encasements: The quantity of 3,000 psi at 28 day concrete
authorized by the Augusta-Richmond Utilities Department for encasement, cradles and collars required for
protection of the pipe shall be the actual cubic yards of concrete installed and accepted.
6. Connections to Existing Sewers or Manholes: The quantity to be paid for under this item
shall be the actual number of each size pipe connected to either an existing sewer or manhole, complete and
accepted.
7. Bore & Jack: Installation of pipe by bore and jack method shall be measured in place
from end of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking and
casing pipe ends sealed, complete per plans and this specification.
TS4-17.
PAYMENT:
1. Street or Main Sewer Pipe: Payment for each size of sewer pipe measured as specified
above will be paid for at the contract unit price per linear foot for various depths of cut, as set forth in the
Proposal.
2. Side Sewers: Payment for each size of side sewer pipe measured as specified above will
be paid for at the contract unit price per linear foot as set forth below. No separate payment shall be made for
fittings or connections and all such costs shall be included in the specified unit price item.
3. Other Items: Other measured items shall be paid for at the contract unit or lump sum
price for the various items as set forth below, which payment shall be full compensation for furnishing and
installing the items, complete, in place in accordance with the Plans and Specifications.
Payment will be made under the following:
~inch (size), Sanitary Sewer,_to_ft cut-----per linear foot
~inch (size), Side Sewer-----------------------------per linear foot
Standard Manhole (0' - 6' Depth)-------------------------per each
Manhole - Additional Depth-------------------------------per vertical foot
Drop Manhole --------------------------------------------per each
Concrete for Cradles and Encasement----------------------per cubic yard
~inch (size), Sanitary Sewer Connection to Existing
Manhole or Sewer----------------------------------------per each
Boring and Jacking for sanitary sewer line--------------per linear foot
* as shown in the Proposal.
TS4-8
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TS5-01.
SCOPE:
TEC~CALSPECnnCATIONS
SECTION V
STORM SEWER AND APPURTENANCES
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 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.
TS5-02.
EXCAVATION. TRENCHING AND BACKFILLING:
All excavation, trenching and backfilling shall be as specified under the Section entitled "Excavation,
Trenching and Backfilling".
All concrete work shall conform to the requirements of Section II Concrete" .
TS5-04.
APPLICABLE SPECIF1CATIONS:
The latest edition of the following specifications form a part of this section of the specifications:
A. American Society of Testing Materials Specifications:
Installing Clay Sewer Pipe
Concrete Sewer Pipe
Reinforced Concrete Pipe
Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe
Vitrified Clay Pipe Joints Using Materials Having Resilient Properties
Joints for Circular Concrete Sewer and Concrete Pipe Using Flexible,
Watertight, Rubber-type Gaskets
Precast Reinforced Concrete Manhole Risers and Tops
Reinforced Concrete Elliptical Culvert, Storm Drain and Sewer Pipe
Reinforced Concrete D-Load Culvert, Storm Drain and Sewer Pipe
Reinforced Concrete Low-head Pressure Pipe
B. Federal Specifications:
Brick, Building (Common) Clay
TS5-05. 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.
TS5-03.
CONCRETE WORK:
C 12-82
C 14-82
C 76-85A
C 700-78A
C 425-77
C 443-85A
C 478-85A
C 507 -84A
C 655-85A
C 36l-85A
SS-B0656
TS5-1
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The drawing and these specifications shall be considered as supplementary, one to be 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.
TS5-06.
MATERIALS:
All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable
specifications. All pipe shall be furnished with "a" ring rubber 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:
Substitution Schedule
Pipe Clay Concrete Reinforced
Size Pipe Pipe Concrete
6" C-700-78A C-14-82 Ex. Str. ------------------
8" " II " II " " "
------------------
10" " " " II " " "
------------------
12" II " " " II II " C-76-85A Class III
15" -------------- II " "
18" -------------- " " "
24" -------------. " II II
Reinforced Concrete: Pipe 15" and larger shall be reinforced concrete conforming to ASTM C-76-85A, strength class as
shown on the plans, Class III where not designated or ASTM C-655-85A. Pipe designed for ASTM C-655-85A 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.
TS5-07.
INST ALLA nON:
A. Pipe Laying:
The bottom of the 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 form 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 permissible width of the trench at the elevation of the top of the pipe is exceeded for
any other reason than 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, earth or other
foreign substance can enter the line.
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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.
TS5-08.
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.
TS5-09.
MANHOLES:
A. General: Manholes shall be constructed with case 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 l' - 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 conforming
to the requirements of ASTM C478-85A 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 formed 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
courses will 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.
E. 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 cased by the insertion of the steps shall be repaired and sealed with expanding mortar to
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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 fmished grade is established, the top of the frame and
cover shall be set two feet above the existing round unless otherwise directed. The words STORM SEWER shall be cast
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, blowholes, blisters and defects of every kind which render them unfit for
the intended use. No plugging or filling shall be permitted. Standard frames and covers shall be Sumter Machinery
Company Frame MF-800 and Cover No. MC-800 or the comparable product ofNeenah Foundry Company.
TSS-IO.
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.
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 Sumpter Machinery Company
Frame MF-3 and Cover MC-5 with lugs or the comparable product of Neenah Foundry Company.
F. Grate Frame, Grate and Hood: Standard frame, grate and hood for hood-back traps shall be
Sumpter Machinery Company Frame C.F.F.-51, Grate C.B.G.-51 and Hood C.B.H.-51 or the comparable product of
Sumpter Machinery Company.
TS5-11.
CONNECTING EXISTING STORM SEWERS:
A. Manhole or Trap Connections: Where existing storm sewer laterals pass through a new manhole
or trap, the new structure shall be constructed 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
new wall. When the new storm 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 storm sewer shall be plugged at the wall of the
structure with brick and mortar.
B. Line Connections: At those locations where portions of the existing storm sewer laterals are to
be removed and/or replaced with new laterals connecting to the new storm sewer collector pipe, manhole or trap, all
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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 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" storm sewer lateral left in place shall be plugged with concrete in such 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.
TS5-12.
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. Particular notice shall be made of the 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 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.
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 by cleaning, pointing or if necessary by rebuilding at the expense of the Contractor.
TS5-13.
INFILTRATION OR EXF'll.TRATION 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 judgement 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 an to the satisfaction of the Engineer.
The Engineer may, at his option, order an exfiltration test in lieu of the 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 a ring. After sufficient time has elapsed for air to bleed off and absorption to be
complete, the water level in the manhole shall be measured at 30 minute intervals for 2 hours. The measured drop in
water level shall then be translated into the amount of exfiltration. The rate of ex filtration shall be within the limits
prescribed for the infiltration test.
For pipe larger than 42" 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.
TS5-14.
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 manner as to meet the approval
TS5-5
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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 as 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.
TS5-7
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TEC~CALSPECnnCATIONS
Section VI
WATER DISTRIBUT][ON
TS6-0 1.
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 underground 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, (spec., materials and drawings) approved by the Planning and Zoning
Commission must be reviewed and approved in writing by the Augusta-Richmond Utilities Department prior to
beginning construction. Any installation made without written approval shall be removed at the Contractor's expense.
TS6-02.
NOTIFICATION:
Before commencing any water main construction, the Contractor shall notify the Augusta-Richmond
Utilities Department, 2760 Peach Orchard Road, 796-5000. No valves shall be operated by the Contractor or his
representative without an authorized employee of the Waterworks Operations Department being present.
TS6-03.
SPECIFICATIONS (MATERIALS):
a. General: Pipe for water mains shall be cast iron (CI), ductile iron (DI), or polyvinyl chloride (pVC) per
the following specifications. Fittings for all pipe shall be cast iron or ductile iron, mechanical joint, cement lined.
Retainer glands/megalugs, where specified, shall be ductile iron. All materials will be American made. Any pipe, solder
or flux used in the installation or repair of water lines must be lead-free. Pipes and fittings must not contain more than
8.0% lead and solders and flux must not contain more than 0.2% lead. marked as per A WW A Standards (with
manufacturer's mark and pressure class as a minimum).
1" water meter service lines shall be copper, 'Type K. with brass fittings, as listed below:
Mueller: Hays: Ford: McDonald:
Curb stops, ball type
(360 deg. turn) B-20200-3 4300WR B 11-444R 6111
Corporation Cocks H-997l 5230 F-200 3120
Service Ells H-15530 5628 L28-44 4779M
Service Connections H-15485 5312 LAI02-44 4749
Copper to Copper H-15400 5615 C22-44 4758
Copper to Iron H-15425 5605 C28-44 4753
Note: Flare fittings only. No compression fittings will be accepted.
b. Iron Pipe: Cast iron or ductile iron pipe and fittings shall be in accordance with the following
specifications with 1/16 in. cement mortar lining and rubber gasket joints, except where noted on plans. Cast iron pipe
shall have a bursting tensile strength of 21 ,000 psi and a ring modulus of rupture of 45,000 psi. Except as otherwise.
indicated on plans, minimum wall thickness shall be as follows:
TS6-1
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Pipe Size:
Thickness Class:
Ductile Iron
350 PSI (Class 51)
350 PSI (Class 50)
300 PSI (Class 50)
250 PSI (Class 50)
4"
6" - 18"
20"
24"
Cast Iron
22
21
21
23
Specifications
Description
AWWA C-106-75
ANSI A-21.6-1975
AWWA C-108-75
ANSI AZ1.8-1975
A WW A C-110-93
ANSI AZI.1 0-93
AWWA C-111-90
ANSI AZ1.11-90
AWWA C1l5-88
ANSI AZ1.l5-88
AWWA C151-91
ANSI AZ1.51-91
A WW A C-602-89
ANSI AZ1A-90
Cast iron pipe centrifugally cast in metal
molds for water or other liquids.
Cast iron pipe centrifugally cast in sand-lined
molds for water or other liquids.
Gray-iron and ductile-iron fittings, 2 inc.
through 48 in. for water and other liquids.
Rubber-gasket joints for cast-iron and ductile-
iron pressure pipe and fittings.
Flanged cast-iron and ductile-iron pipe with
threaded flanges.
Ductile-iron pipe, centrifugally cast in metal
molds for water or sand-lined molds for water or other liquids.
Cement-mortar lining for cast-iron and ductile-
iron pipe and fittings for water.
The pressure rating, metal thickness class, net weight or pipe without lining, length of pipe and name of manufacturer
shall be clearly marked on each length of pipe.
c. Galvanized Pipe: All galvanized pipe (1-1/2" - 3") shall be American made, Schedule 40 and
shall conform with the ASTM Specifications.
d. Polyvinyl Chloride (pVC) Pipe: Polyvinyl chloride pipe shall be in accordance with A WW A
Specifications C900-75, Polyvinyl Chloride (pVC) Pressure Pipe, 4 in. through 12 in. for water, Class 200, DR-14 with
cast iron pipe equivalent OD's, gasket bell end with elastomeric gasket.
1. Polyvinyl Chloride (pVC) Pipe: 1-1/2" through 3" shall be ring-tight joints, Class 200.
Fittings shall be same as specified for iron pipe.
e. Valves: Valves 3" through 12" shall be iron body, bronze mounted, A WW A mechanical joint,
convention or "0" ring packing, approved non-rising stem gate valves. Valves shall be M&H Style 67-01, Muller A-
2380-20 or approved equal. All gate valves and tapping valves shall be OPEN RIGHT. Tapping valves shall be Mueller
Style H-667, or approved equal. Valves smaller than 3" must be ball type, Ford No. B11-777R or approved equal (no
hand wheel valves allows). All tapping valves must have full opening to use a Mueller CC-24 shell cutter.
1. Gate valves in sizes 16" and larger shall be of horizontal type with mechanical joint,
rollers, tracks and with non-rising stem. All 16" and larger valves shall have a by-pass valve with non-rising stem. All
horizontal valves shall have totally enclosed watertight gear case. Horizontal valves should be of the Mueller A-2480-
20-06 type or approved equal.
f. Valve Boxes: Each valve box shall be M&H E2702 (564A), Mueller H10364 (564A), Russell
#564-S or 564A, or approved equal. Each valve box shall be screw-type to adjust for a minimum cover of 36" bury.
Extension pieces will be required for additional depth over valve. Extensions shall be M&H E-3120 or Mueller H-
TS6-2
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10375 or approved equal. Covers shall have "WATER" cast on top.
g. Meter Boxes: Meter boxes shall be "Rome Type" cast iron 10" x 19" x 10". Lids shall have cast
ribs on bottom side (lmown as a "Piedmont lid") to prevent sliding movement. Top shall have minimum weight of 13
pounds. Box shall have minimum weight of 37 pounds. Lids to be marked "W A TER".
h. Fire Hydrants: Fire hydrants shall be in accordance with A WW A Standard C502-73, Dry Barrel
Fire Hydrants, as modified by the following minimum requirements:
1. Model- Mueller Centurion, M&H Style 129, American Darling No. B-62-B, or approved equal.
A WW A compression type - dry top - traffic model, 150 psi working pressure, 300 psi testing
pressure.
2. Size of Hydrant Valve Opening - 5 1/4"
3. Number and Size Hose Nozzle - 2 - 22.
4. Hose Nozzle Threading - National Standard
5. Number and Size Steamer - 1 - 5".
6. Steamer Nozzle Threading - 5 3/8" a.D., 6 threads per inch (City of Augusta Standard).
7. Size of Shoe Connection - 6".
8. Type of Shoe Connection - Mechanical Joint.
9. Size and Shape of Operating Nut - Pentagon, 1 1/2" flat to point.
10. Direction of Opening - Open left (Counterclockwise) N.R.S.
11. Bury - Minimum 42".
12. Color - Yellow with aluminum bonnet and caps.
i. Tapping Sleeves: The tapping sleeve shall be mechanical type joint suitable for 150 psi working
pressure, M&H, Mueller, Clow, or approved equal.
TS6-04.
EXCAVATION, TRENCHING AND BACKFll.,LING:
Excavation, trenching and backfilling shall be in accordance with Section, "Excavation, Trenching and
Backfilling for Pipe Lines".
TS6-05.
INSTALLATION:
a. General: Installation of all pipe, valves, fittings and appurtenances shall be in accordance with
the applicable provisions of the specified sections of the following specifications. Minimum cover over top of pipe shall
be 36" 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.
Iron Pipe: A WW A Specifications C600-93. "Installation of ductile iron water mains."
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.
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"
TS6-3
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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 of typical water meter services is incorporated in these specifications. Service taps on mains
in subdivisions shall be made so that service lines will be located in the center of proposed lots.
2.
of the following:
New Water Meter Service on New and Existing Mains: A new water meter service shall consist
a.
b.
I" tap in water main using double-strapped tapped saddle.
I" corporation cock installed saddle.
1" main connector, optional.
1 "copper tubing from main connector.
I" service ell.
1" curb cock.
Meter box and top.
c.
d.
e.
f.
g.
Refer to Section TS-03 of these specifications for materials.
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 Augusta-Richmond Utilities
Department; installing a new 1" copper line with required fittings 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 by furnishing new pipe and fittings of the same and material as existing as required.
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.
6. Existing water Mains to be Extended or Tapped: No taps or extension of existing mains
shall be made unless and Inspector is present. Notice of 24 hours shall be given to the Augusta-Richmond Utilities
Department before commencing work. Large transmission mains will be tapped by Waterworks Department at the
Contractor's expense.
7. New water Main Installation: After the curb and gutter has been installed or line and
grades established to receive asphalt with raised edge, the water main shall then be installed. Procedure of installation to
conform to A WW A Specifications C600-64, Section 7, 9b through 13.
c. Valves: Before setting each valve, make sure the interior is clean and tested for opening &
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' 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 plumb with hose nozzles 18" 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 of3.0' from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be cast
iron or ductile iron with 6" MJ. valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from the
TS6-4
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barrel. Tie rods, concrete and retainer glands/megalugs shall be used for blocking. After installation, all hydrants shall
be given a touch-up coat of primer paint and two (2) field coats of high grade paint of the color specified by the Augusta-
Richmond Utilities Department.
e. Reaction Blocking: All plugs, fire hydrants, caps, tees, bends and other fittings shall be provided
with adequate reaction blocking. Reaction blocking shall be of 3000lb concrete and shall bear directly against the
undisturbed trench wall. Metal tie rods and clamps and retainer glands/megalugs may be used in lieu of blocking when
using cast iron pipe or ductile iron pipe. All tie rods, clamps and retainer glands/megalugs shall be given a bituminous
protective coating. All bolts and joints shall be left exposed and caution taken while pouring blocking not to cover tees,
bolts, etc., as mentioned above.
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 Augusta-Richmond
Utilities Department.
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
Augusta-Richmond Utilities Department, complete with reaction blocking.
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, paragraph i, and Section 05, paragraphs b6 and b7.)
TS6-06.
TESTING:
After installation of the main, hydrants, services and appurtenances, the main shall be filled and flushed
to remove air from the system prior to the testing. The main shall then be refilled and all valves closed feeding the
system to be tested. The Contractor shall be required to furnish all equipment to satisfactorily perform the hydrostatic
test as specified herewith. The pump shall be installed at the low point of the system and pressure shall be increased to
100 lbs. per square inch above the normal static pressure or 200 lbs. per square inch, whichever is greater. Leakage shall
not exceed 23.3 gallons per day, per mile of pipe, per inch of diameter. All pressure tests shall be successfully conducted
for not less than four (4) consecutive hours. The test shall be performed after the curb and gutter has been completed and
all curb cocks have been located. Notice of 24 hours shall be given to the Augusta-Richmond Utilities Department prior
to beginning the test.
TS6-07.
STERILIZATION:
Sterilization shall comply to A WW A Specifications C651-92. The method of disinfection shall comply
with Section 5.2 ofC65 1. A representative from the Augusta-Richmond Utilities Department shall be present with four
(4) hour notice prior to placing the disinfectant in the system. A notice of 24 hours shall be given to the Augusta-
Richmond Utilities Department when the main is ready for a sample to be drawn and tested. The provisions of this
paragraph apply equally to new pipe and fittings and to existing pipe lines into which connections have been made or
which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the
Health Department shall be observed in executing this work. Acceptable analysis must be obtained prior to placing the
system in service. Disinfection of water lines and the disposal of heavily chlorinated water (following disinfection) must
be accomplished in accordance with A WW A Standard C651 (latest revision).
TS6-08.
"DRY BORE AND JACK" METHOD:
MA TERlALS:
1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A-
TS6-S
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211, Grade B, with minimum wall thickness as shown on the plans. Steel pipe will have a minimum yield strength of
35,000 PSI. Casing pipe shall be joined together with welded joints.
2. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein.
3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If voids
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 Augusta-Richmond Utilities Department.
When installing water line through casing, the Contractor shall use mechanical joint pipe with retainer
glands/megalugs throughout length of casing. The water main shall be strapped to 8-foot long wooden skids with metal
straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar.
TS6-09.
SALVAGE 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 Water Works Operations Department, 2822 Central Avenue and placed at
location directed by the Augusta-Richmond Utilities Department.
TS6-10.
MEASUREMENT:
a. Water Main: The overall length of water main actually installed will be measured in linear feet
along the central axis of the diameter of the pipe from the center to center of junction pipes, end of pipe or centerline of
fitting, valve or fire hydrant whichever is applicable.
b. Fittings: Measurement of fittings shall be the total weight of all fittings with retainer
glands/megalugs installed and accepted. Weight of gaskets, bolts and nuts shall not be included in measured weight.
c. Water Main Cut and Plugged: The quantity to be paid for under this item will be the actual
number of each size water main cut and plugged, complete and accepted.
d. Tapping Sleeve and Valve: The quantity to be paid for under this item will be the actual number
of tappings sleeves and valves installed, complete including tap and valve box and accepted.
e. Valves: The quantity to be paid for under this item wTH be the actual number of valves, installed,
complete with valve box and accepted.
f. Fire Hydrants: The quantity to be paid for under this item will be the actual number of fire
hydrants installed, complete and accepted.
g. Water Meter Service: The quantity to be paid for under this item will be the actual number of
water meter services (new), water meter services (existing water main) and water meter services renewed (existing main)
installed, complete and accepted.
h. Water Meter Service Adjusted: Measurement of water meter services adjusted shall be the
actual number of water meter services adjusted, complete and accepted (this item includes new pipe and fittings as
required).
1. Bore & Jack: Installation of pipe by bore and jack method shall be measured in place from end
of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking and casing pipe ends
sealed, complete per plans and this specification.
TS6-6
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TS6-11.
PAYMENT:
Payment for each size of water main pipe measured as specified above will be paid for at contract price
per linear foot as set forth below. Other measured items shall be paid for at the contract unit or lump sum price for the
various items, which payment shall be full compensation for furnishing and installing the items, complete in place in
accordance with the specifications.
No separate payment will be made for excavation and backfill, testing, sterilization, reaction blocking,
and for clamps and tie rods, or other items of work required for a complete installation except as itemized below for
payment and all such costs shall be included in the applicable contract unit price or lump sum bid item.
Payment will be made under the following:
Water Main
Fittings
Valve with Box
Tapping Sleeve and Valve
Water Meter Service, New
Water Meter Service, Renewal, Existing Main
Water Meter Service, Adjusted
Water Main Cut and Plugged
Fire Hydrant
Boring an Jacking for water Line
inch size
per linear foot
per ton
per each
per each
per each
per each
per each
per each
per each
per linear foot
inch size
inch size
inch size
TS6-7
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TEC~CALSPEcnnCATIONS
Section vn
CONCRETE
TS7 -01.
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, 1993 Edition.
TS7 -02.
SInEW ALKS
Concrete sidewalks shall be placed in accordance with Section 441 of the Specifications of the State
Highway Department of Georgia, 1993 Edition.
TS7-03.
CONCRETE PAVING:
Concrete paving shall be placed to the thickness shown on the plans and in conformity with Section 430
of the Specifications of the State Highway Department, 1993 Edition.
TS7 -04.
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 pour shall
be tested for 7, 14, and 28 day strength.
TS-05. METHOD OF MEASUREMENT AND PAYMENT:
A. Curb and gutter will be measured and paid for on a linear foot basis.
B. Sidewalks will be measured and paid for on a square yard basis.
C. Concrete paving will be measured and paid for on a square yard basis.
D. No separate payment shall be made for concrete testing.
TS7-1
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TEC~CALSPEcnnCATIONS
SECTION vm
CONCRETE CURB AND GUTTER
TS8-01.
SCOPE:
This section covers construction of portland cement concrete curb and gutter.
TS8-02.
REFERENCE:
All referenced sections and articles refer to the standard specifications of the "Construction of Roads and
Bridges" of the Department of Transportation, State of Georgia (1993 Edition).
TS8-03.
MATERIALS:
Concrete shall be Class A as described in Article 500.3 of Georgia Highway Specifications, 3000 psi,
with an air content by volume of 3% to 6%. The concrete shall have a maximum slump of 3 inches. All materials shall
meet the requirements of Georgia Highway Specifications. Reference is made to the following:
Portland Cement
Water
Fine Aggregate Size No. 10
Coarse Aggregate
Steel Bars for Concrete Reinforcement
Dowel Bars and Tie Bars
Performed Joint Filler
Article 830.01
Article 880.01
Article 801.02
Article 800.01
Article 853.01
Article 853.08
Article 833.().l
TS8-04.
CONSTRUCTION:
Construction methods shall be in compliance with the applicable portions of Sections 441 and 430 of the
Georgia State Highway Specifications.
TS8-05.
CURB AND GUTTER:
All curb and gutter removed and damaged during and resulting from excavation of the trench for the
proposed sewer lines shall be replaced by the Contractor in such manner that it will conform to existing or improved
condition before the trench was cut.
TS8-06.
MEASUREMENT AND PAYMENT:
Replacement of curb and gutter will be paid for at the applicable unit price as set forth in the proposal.
TS8-1
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TEC~CALSPECnnCATIONS
SECTION IX
BITUMINOUS PAVING
TS9-01. .
SCOPE:
This section covers a graded aggregate base course, bituminous prime coat, bituminous tack coat, and a
hot laid asphaltic concrete surface course, complete.
TS9-02.
REFERENCE:
All referenced sections and articles refer to the Standard Specifications for the "Construction of Roads
and Bridges" of the Department of Transportation, State of Georgia (1993 Edition).
TS9-03.
SUBGRADE:
Prepare and compact sub grade to receive a graded aggregate base course in accordance with the section
of these specifications entitled II Grading" .
TS9-04.
GRADED AGGREGATE:
Graded aggregate base course shall be constructed to the thickness indicated on plans.
a. Materials: Materials shall conform to requirements of Section 815, and related articles.
b. Applications: Apply graded aggregate base course in accordance with applicable requirements
of Section 310.
c. Compaction: Compact to at least 100% of maximum density at optimum moisture content based
upon the Standard Proctor Method, AASHO T-99.
TS9-05.
MTT.L ASPHALTIC CONCRETE PAVEMENT:
Milling existing asphaltic pavement shall be performed in accordance with Section 432 of the standards
in the locations shown on plans.
TS9-06.
BITUMIN6US PRIME:
Bituminous prime shall be applied to the fmished base course at the rate of 0.15 to 0.30 gallons per
square yard in accordance with Section 412, the exact amount being specified for each job by the Augusta-Richmond
Utilities Department. The material used in accordance with article 820.00.
TS9-07.
BITUMINOUS TACK COAT:
a. Material & Construction: Section 413.
b. Quantity per Square Yard: 0.02 to 0.04 gallons per square yard.
TS9-1
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TS9-08.
ASPHALT CONCRETE SURFACE COURSE:
The asphalt concrete surface course shall be type "E" or type "B-Modified" and of a thickness indicated
on plans.
a. Materials: The materials to be used shall be in accordance with the following articles:
Asphalt Cement
Article 820.01-Table 820.1
Coarse Aggregation for
Asphaltic Concrete
Article 802.02
Fine Aggregate for
Asphaltic Concrete
Article 802.01
Mineral Filler
Article 803.01
See following for Mix.
b. Application: Apply asphalt concrete surface course in accordance with applicable requirements
of Section 400.
c. Compaction: Compact to at least 98% of the density of a laboratory specimen of the same
mixture subjected to 50 blows of a standard Marshall Hammer on each side of the specimen,
based on the Marshall Test Procedure, ASTM D1559.
BITUMINOUS PLANT MIX BASE:
a. Material and Construction: Section 400.
b. Job Mix: Section 400.
TS9-09.
PAVEMENT MARKING:
All pavement markings shall be constructed in accordance with Section 653 of reference specifications
and placed as indicated on plans.
TS9-10.
TESTS:
a. Materials: Contractor shall be responsible for having materials he proposes to furnish tested to
demonstrate conformance to these specifications. Certified copies of Test Reports shall be
approved by t he Augusta-Richmond Utilities Department prior to construction.
b. Compaction: Compaction test will be made at the discretion of, and at locations specified by the
Augusta-Richmond Utilities Department, at no cost to the Contractor.
TS9-11.
MEASUREMENT AND PAYMENT:
Graded aggregate base will be measured and paid for on a square yard basis. The thickness shall be 12"
after compaction. Milling existing asphalt concrete pavement will be measured and paid for by the square yard.
Bituminous Prime will not be paid for separately. Bituminous tack material shall be paid for on a per gallon basis. The
TS9-2
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asphalt concrete will be paid for by the ton. Asphalt concrete, all types, shall be paid for by the ton. Pavement markings
shall be paid for per linear foot for striping and per word or symbol, each.
TS9-3
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TEC~CALSPEcnnCATIONS
SECTION X
FINISH GRADING AND GRASSING
TSIO-Ol.
SCOPE:
Work under this section shall consist of finish grading, fertilizing and grassing the construction area and
other ares 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.
TSIO-02.
FINISH GRADING:
Finish grading shall consist of finishing off to a uniformly smooth surface free from abrupt irregular
surface changes, all areas disturbed by Contractors' operations within the permanent and temporary easement area. The
degree of smoothness 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.
TSIO-03.
FERTILIZER:
a. Material: Fertilizer shall be 4-12-12, commercially mixed, conforming to the fertilizer laws of
the State of Georgia.
b. Application: All areas disturbed by the Contractor's operations shall be fertilized. Fertilizer shall
be applied just before or simultaneously with the planting of grass. It shall be applied uniformly
at the rate of 1,500 pounds per acre. It shall be applied with approved mechanical spreaders.
TSIO-04.
SEEDING:
All areas disturbed by the Contractor's operations shall be seed as follows:
Planting Date
Feb. 1 to Sept. 1
Sept. 1 to Nov. 15
Srui
Hulled Bermuda
Abrujji Rye
Application (# per acre)
20
20
TSIO-05.
PROTECTION:
Newly graded and seeded 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 elevations and slopes at the Contractor's expense.
TSIO-06.
MAINTENANCE:
Maintenance of the seeded area shall be furnished under this contract for a period of 60 days after the
completion of the work. Reseeding shall be required where previous planting did not grow at the Contractor's expense.
TSIO-07.
PAYMENT:
No separate payment will be made for the work covered under this section. Finish grading and grassing
will be considered as subsidiary obligations of the Contractor for the construction of the sewer improvements and the
cost involved shall be included in the applicable contract lump sum or unit prices bid for sewer pipe and appurtenances,
and water main and appurtenances, complete in place.
TSIO-l