HomeMy WebLinkAboutMaddox Road and Flowing Wells Road Water Line Extension
Augusta Richmond GA
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DOCUMENT NAME: \'<"CCO.D~ '<C:(d 0\- ~M\\'Q ~ '(<:XX) ~tt
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DOCUMENT TYPE: ~~(}~~
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NUMBER OF PAGES:
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CONTRACT DOCUMENTS AND SPECIFICATIONS,
FOR
WILLOW CREEK STORM
LINE REHABILITATION PROJECT
REFERENCE NO.: 76-082
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/ PREPARED BY
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ENGINEERING DEPARTMENT
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FOR
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AUGUSTA-RICHMOND COUNTY
COMMIS SION -co UNCIL
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ROOM 701, MUNICIPAL BUILDING
530 GREENE STREET, AUGUSTA GA. 30911
MARCH, 1997
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April 2, 1997
RE: Water Line Extension - Project No. U97-001
for Augusta-Richmond County Commission
ADDENDUM NO. 1
In reference to the plans and specifications entitled Water Line Extension - Project No. U97-001
for Maddox Road, Flowing Wells Road, and Frontage Road, dated March 19, 1997 prepared by
Johnson, Laschober and Associates, P.C., the following are hereby made a part of these
documents.
I. CONTRACT SPECIFICATIONS.
1. Section - BID - Bid Schedule Items 28,29 & 30 DELETE Bituminous Coated.
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2.
Section - BID - Bid Schedule Footnote No. 13 ADD, A maximum of7 test ports
shall be required.
3. Section - BID - Bid Schedule Footnote No.9 ADD, Concrete underlayment shall
be required at county roadway cuts only. Driveways shall be repaired to match
existing conditions.
n. CONTRACT DRAWINGS.
1. Drawing - C-l, C-2 & C-3 - CHANGE, Water Line Location Note #3 TO Read
Water Line located in ditch line shall be installed with 4'-0" minimum cover.
2. Drawing - C-4, General Note No.7, ADD, The Augusta-Richmond County
Public Works Utility Inspector shall also be notified.
3. Drawing - C-4, Detai112/C-4, CHANGE, 6" concrete TO 8" concrete.
K:\4270 IIADMIN\GENERALIADD.OO 1
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Contract Documents
for
MADDOX ROAD AND FLOWING WELLS ROAD
WATER LINE EXTENSION
Project No. U97.001
Prepared For
Augusta-Richmond County Commission
Augusta-Richmond Utilities Department
2760 Peach Orchard Road
Augusta Georgia 30906
Prepared By
Johnson, Laschober & Associates, P.C.
1296 Broad Street
Augusta, Georgia 30901
March 12, 1997 JLA JOB NO. 42.701
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. TABLE OF CONTENTS
PAGES
Advertisement for Bids 1
Information for Bidders 1 - 5
Bid 1-7
Bid Bond 1-2
Agreement 1-6
General Conditions 1 - 28
Supplemental Conditions 1 - 11
Special Provisions 1-2
Payment Bond 1-2
Performance Bond 1-2
Notice of Award 1
Notice to Proceed 1
Change Order 1-2
Partial Payment Estimate 1-2
Certificate of Substantial Completion 1-2
Waiver of Lien 1
Technical Specifications
Section 1.0 - Excavation, Trenching & Backfilling for Pipelines
Section 2.0 - Construction of Water Distribution System
Section 3.0 - Soil Erosion Control
Section 4,0 - Grassing
1 - 6
1 - 10
1 - 5
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INVITATION TO BID
Bid Item 97-042, Maddox Road and Flowing Wells Road Water Line Extension - County Project
No. U97-001 - Engineer's Project No. 42.701. Sealed proposals from General Contractors will
be received by the Augusta-Richmond County Commission, Purchasing Department, Room 605,
Municipal Building, 530 Greene Street, Augusta, Ga. 30911, until 3 p.m. legally prevailing time
on April 10, 1997, for the construction of:
Project Description: Maddox Road and Flowing Wells Road Water Line Extension; County
Project No. U97.001. Project includes approximately 2,700 L.F. of 10" DIP
water main and 7,000 L.F. of 12" water main
At the time and place noted above the proposals will be publicly opened and read. No extension of
the bidding period will be made.
Contract time is 120 days with substantial completion on or before July 27, 1997 after notice to
proceed issued on or before April 28, 1997.
Bidding documents may be obtained at the office of the engineer, Johnson, Laschober & Associates,
P.c., Consulting Engineers, 1296 Broad Street, Augusta, Georgia 30901. Applications for
documents, together with an amount of $50.00 per set shall be filed promptly with the engineer.
Bidding material will be forwarded, shipping charges collect, as soon as possible. The $50.00
amount is non-refundable. Bid documents may be viewed at the following' locations: The Augusta
Richmond County Commission Purchasing Department, The Engineer's Office, Dodge Plan Room,
and Augusta Builder's Exchange. .
Contract, ifawarded, will be on a lump sum basis. No bid may be withdrawn for a period of 45 days
after time has been called on the date of opening. Bids must be accompanied by a bid bond and in
an amount not less than 10% of the base bid. Both a performance bond and a payment bond will be
required in an amount equal to 100% of the contract price. Liquidated damages are $250.00 per day.
The Owner reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item # and Project Name on the outside of the envelope.
GERI A. SAMS, Purchasing Director
Augusta-Richmond County
Consolidated Government
Augusta Chronicle - March 20,27, and April 3
Augusta Focus - March 20
Metro Courier - March 26
F1LE\K:\4 270 I 'ADM INISPEL"S\I NY. BI D
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INFORMA nON FOR BIDDERS
BIDS will be received by Augusta-Richmond County Board of Commissioners (herein called the
"OWNER"), at the office until 3:00 P.M., April 10, 1997, 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, Purchasing Department, Room 605, Municipal Building, 530 Greene Street, Augusta, .
Ga. 30911,. Each sealed envelope containing a BID must be plainly marked on the outside as BID
for Maddox Road and Flowing Wells Road Water Line Extension, and the envelope should bear O!l
the outside the BIDDER'S name, address, and license number if applicable. If forwarded by mail,
the sealed envelope containing the BID must be enclosed in another envelope addressed to the
OWNER at Augusta-Richmond County Commission, Purchasing Department, Room 605, Municipal
Building, 530 Greene Street, Augusta, Ga. 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 openings 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 45 days after the actual date of 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 OWNER shall provide to BIDDERS prior to BIDDING, afJ information which is pertinent to,
and delineates and describes, the land owned and rights-of-way acquired or to be acquired.
The CONTRACT DOCUMENTS contain the provisions required for the construction of the
PROJECT. Information obtained from the officer, agent, or employee of the OWNER or any other
person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the
contractor from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID bond payable to the OWNER for ten (10) 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
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the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the
successful BIDDER will be retained until the payment BOND 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.
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. ALL BONDS must
be countersigned by a Georgia Agent.
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 (10) calendar days from the date when NOTICE
OF AWARD is delivered to the BIDDER The NOTICE OF AWARD shall be accompanied by the
necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the
Agreement, the OWNER may 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 (10) 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 the 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 (10) 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 (10) 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 deemed necessary to determine the ability of the
BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information
and date 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 to complete
the WORK contemplated therein.
A conditional or qualified BID will not be accepted.
Bids Opened in Public: Bidders are requested to be present at the opening of Proposals, which will
be in public. '
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Award will be made to the lowest responsible BIDDER. The Owner reserves the right to reject any
or all bids and to waive informalities. No bids will be received after the time set for opening
Proposals. Any unauthorized conditions, limitations or provisions attached to the Proposal, except
as provided herein, will render it informal and may cause its rejection. Unbalanced bids will be
subject to rejection. Any bidder may withdraw bid, either personally or by telegraphic or written
request, at any time prior to the scheduled closing time for receipt of bids.
Contract Time: One hundred and twenty (120) consecutive days are allowed for completion of all
work under this contract from date of Notice to Proceed.
Liquidated Damages are $250.00 per day.
Construction Stakes: The Engineer will furnish a sufficient number of controlling points to enable
the Contractor to layout the necessary construction lines. All subsequent subsidiary lines shall be
laid out by the Contractor from the controlling lines furnished by the Engineer or from
measurements shown on the drawings. The Contractor shall check horizontal location and depth
of water line construction. All lines shall be subject to checking by the Engineer, but this checking
shall in no way relieve the Contractor from responsibility for their correctness.
Right of Way: The necessary right of way for the. construction of the work will be furnished by the
Owner. The Owner will provide no right of way over other property. The Contractor shall take
every possible precaution to inconvenience as little as possible the owners or tenants of adjacent
property.
Railroad and Public highways shall not be obstructed in such a way as to cut off traffic except as per
agreement with the various owners. The Contractor shall, at his own expense, repair any damage
or injury to either public or private property during the progress of the work.
Weather: During unseasonable weather, all work must stop when the Engineer so directs and all
work must be suitably protected.
Protective Work: The Contractor shall furnish and install all necessary temporary works for the
protection of the work.
Sanitary Regulations: Necessary sanitary convenience for the use of the workmen on the work shall
be erected and maintained by the Contractor, in such a manner and at such points as shall be
approved by the Engineer. Their use shall be strictly enforced. .
Shanties: Should the Contractor so desire, he may build shanties or other structures for housing
tools, machinery and supplies, but they will be permitted only at approved places on land acquired
by the Contractor, and their surroundings shall be maintained at all times in a sanitary and
satisfactory manner. On or before the completion of the work, all such structures shall be removed,
together with all rubbish and trash, at the expense of the Contractor.
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Electric Light and Power: The Contractor shall provide temporary electric service and meter and
also provide outlets at convenient point or points so that extension cords of not over 150'-0" will
reach all work requiring artificial light or power. Extension cords, sockets, light bulbs, etc. shall be
furnished by the Contractor.
Water Supply: The Owner will furnish all water necessary for construction operations. All
connections and other means of conducting water must be provided by the Contractor.
Georgia State Sales Tax: Bidders shall include in amounts bid in the Proposal an allowance for
payment of State Sales Tax on all taxable materials specified to be furnished by the Contractor and
incorporated into the work under this Contract.
Utilities: The attention of the bidders is called to the presence within the construction limits of the
project of overhead and underground utilities (consisting of water mains, gas mains, electrical power
transmissions, communication cables, together with their service lines, and appurtenances incidental
thereto ).
The Contractor shall be required to coordinate the General Construction procedure with the
necessary work or removal and/or reconstruction, or relocation of utilities in a cooperative manner
so as to spare the property of the utilities from damage and expedite the progress of the project as
a whole. The Owner will arrange with the respective owners for any removal, relocation or
reconstruction of their own utilities, other than those shown on the plans or included in the Contract.
Documents. The Contractor will not be paid directly for any delays or extra expense caused by the
change in the various utilities, and he should include the anticipated cost of any expense caused by
this work in some pay item.
Reference Specifications: In order to reduce the bulk of the specifications, this project will be
constructed in accordance with the 1993 Edition of the Standard Specifications for Construction of
Roads and Bridges of the Georgia Department of Transportation in addition to the Supplemental
Conditions and Special Provisions included herewith. Should there be any conflicts between the
Standard Specifications and this Contract Document, the latter prevails.
Signs: No signs or advertisement will be allowed to be displayed without approval of the Engineer.
All warning signs, construction signs, etc. will conform to the 1971 edition of the "Manual on
Uniform Traffic Control Devices" as revised.
All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction
over 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 its BID.
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Further, the BIDDER agrees to abide by the requirements of the GENERAL CONDITIONS and
SUPPLEMENT AL GENERAL CONDITIONS.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS and
SUBCONTRACTORS when required to do so by the OWNER
Based on a Notice to Proceed date of April 28, 1997, water main construction along Maddox Road,
from Sta. 0+00 to Sta. 18+30 including the 6" water maiJ;1 crossing at Sta. 15+00, shall be
substantially complete by May 30, 1997.
The ENGINEER is Johnson, Laschober & Associates, P.c.; Contact Person - Richard 1. Laschober,
P.E.
THE ENGINEER'S address is Johnson, Laschober & Assoc., P.c., 1296 Broad Street, Augusta, GA
30901.
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BID
Proposal of
~LA.I2..- r .DA1.s..T'2..1 ~-r,~A.J. LAI~.
(hereinafter called
"BIDDER"), organized and ~g under the laws of the State of r...t: /,)P t:..J A. doing
business as 4- r .n""Pj')r_~ ~ 1'\""- *with the Augusta-Richmond County Board of
Commissioners (hereinafter called "OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
WORK for the construction of MADDOX ROAD AND FLOWING WELLS ROAD WATER LINE
EXTENSION - PROJECr NO. 97.001 in strict accordance with the CONTRACT DOCUMENTS,
within the time set forth therein, and at the prices stated belo~.
By submission of this BID, each BIDDER. certifies, and in the cm;e-~fajoint BID each piUty
thereto certifies as to its own organization, that this BID has been arrived at independently, without
consultation, communication, or agreement as to any matter relating to this BID with any other
BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be
specified in the NOTICE TO PROCEED and to fully complete the PROJECT within one hundred
twenty (120) consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated
. damages, the sum of Two hundred fifty dollars (5250.00) for each consecutive calendar day
thereafter as provided in the General Conditions and th~ Agreement.
BIDDER acknowledges receipt of the following ADDENDUM:
Addendum No. dated 4 - 2.-~'1
Addendum No.
dated
Addendum No.
dated
*Insert "a corporation", "a partnership", or "an individual" as applicable.
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II BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for
, the following unit or lump sum prices:
II BID SCHEDULE
.
II NOTE: Bids shall include sales tax and all other applicable taxes and fees.
fl The und~rsigned BIDDER agrees, to perform all of the water improvements descn1>ed in the
specifications and shown on the plans, for the following unit priceS.
)
[I HQ.. ITEM UNIT UNIT PRICE AMOUNT TOTAL PRICE
II 1. 12" D. 1 Pipe
(AWWAC-II0;
Class 350) (1,2) LF . $ Jldf..."ILF 6850 $ lit.( t.>~2 .'sr-.
.
II 2.: 10" D. 1 Pipe
(AWWA C-II0;
'I Class 350) (1,2) LF $ '4. 'U~ILF 2775 S ~'~os.rr.
3. 8" D. 1 Pipe
I (AWWA C-llO;
II
Class 350) (1,2) LF S . SJ){) ILF 30 $ LI.'" f) . fY")
II 4. 6" D. Y. Pipe
(AWWAC-IIO;
Class 350) (1,2) . LF $ 1 ~.l. s: ILF 15 S t ,~. ?oS
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II 5. 10" D. 1 Pipe; Pressure
'. Class 350 psi wi
restrained joint fittings;
U.S. Pipe "FIELD-LOK-
i or equal. (1,2) LF $ 2..1: \s ILF 50 $ , ~.s?~O
.
(I 6. 10"XIO"X6" Tee
I (4,5) EA $ 1"l).~A I $ I~~.f")~
!I
7. 10"XIO"X8" Tee
II (4,5) EA $ I ~.LJO lEA 2 $ 3..~.t:lQ
8. 12"XI2"XI0" Tee
II e 4,5) EA $ 2..(J}. lZ'iIEA I $ ;> '~o .01')
9. 12"X12"XI2" Tee
, (4,5) EA $ 2.. ?c. a> lEA I $ 2.... ?D. DO
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II- 10. 12" Gate Valve
and Box (4,5,6) EA S q'-~.NYRA 8 $ '" '4 n I) t"\rl
I II. 1 0" Gate Valve
II
and Box (4,5,6) EA S ? 7.o.roEA 2 $ I J4 ~~ .00
II 12. 8" Gate Valve
and Box (4,5,6) EA $ .E.oo.tnlEA 2 $ Jln~.f'JC
II 13. 6" Gate Valve _
and Box (4,5,6) EA $ .:!I.ID .fj()IEA 1 $ .~yo.oo
II 14. 12" Plug (4,5) EA $ '7.5.()() lEA 1 S ?~ . 1)0
II IS. 8" Plug (4,5) EA $ oS/) ..rhIEA 2 S I (')0. ~o
16: 12" X 900
'I Bend (4,5) EA $ , fY}.t:D lEA 1 S 2.. f)O . t:iO. .
17. 12" X 450
II Bend (4,5) EA $ , ?l!!..MIEA 4 $ 7M.OO
18. 12" X 22 1/20
I Bend (4,5) EA S , ?5.[)f)/EA 3 S 52-S.an
19. 10" X 450
I Bend (4,5) EA $ I 'I.!;.. odEA 4 S S'sD.t')t'\
20. 10" X 22 1/20
II Bend (4,5) EA S I c.g.otJEA 1 S I "f.s..~
II 21. 12" X 10"
Reducer (4) EA $ I '-I.b,l){)/EA 1 S \ &.f~.~
I 22. 10" X 8"
11 Reducer (4) EA S I U?.oofEA 1 $ , ~....s. rY'"\
II 23. 12" X 8"
Reducer (4) EA $ 14D.ndEA 1 $ Il..I.tJ.rn
II 24. 6" x 18" D.I.P. offset
with m~hanical joints
(4,5) EA $ S?~.NJIEA 1 .$ ..5 'J ~ I ()()
II .;,
25. 8" x 18" D.I.P. offset
with mechanical joints
II (4,5) EA $ 11.1.5,0IEA 1 $ 7'/6.1')1')
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- 35. Pressure Reducing
Valve Station (14) LS $'~t)~.a/LS S I? n~ nn.
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I 36. Cut, remove and replace
existing asphalt paviftg
II at driveways, county
roads miscellaneous
aprons. (9) LF $ 2..!;..no/LF 100 S 2.. ~nn, nc.
.
'I 37. Repair existing gravel
driveways and
II miscellaneous gravel
aprons (11) LF $ I~ .on /LF 30 S ~t). 0(\
'I 38. Waterline crossing
under stream or pipe '
culvert (3) EA $ "1M. DO lEA 4 S 'Jf..L>b.oO
,
'I 39. Demo. existing headwall
and construct new
JI headwall LS $l.~.OCJ/LS $ , Jt.t'\.f\. (} ~
. ,
40. Concrete encasement .
'I around water line LF $ I.!!;../)f}/LF 20 S .,~~.~^
41. No. 57 stone
'I bedding. (I 0) TN. $ I~ J'lO trN SO $ ~~.t'\1 Db
Select Refill and
I 42.
II Backfill material.
(10) . 'CY. $ .s.L~ ICY 150 S ""'?.~ ~
II 43. Rock Excavation.
(10) CY. $ 55 00 ICY 10 S 550.00
~I 44. Soil Erosion and
Sediment Control LS $-\~MlLS $ ~.sIV1. CJn
r
!I 45. Rip-rap 8t1
Thick. (10,12) SY $ 'M.nn /SY 10 $ '-I.()f:). 00
I
II 46. Repair Erosion
Control Mat LF $ ID_<^ /LF 200 $ 2.. I (){) . I"Jn
.
I ...
\1 47. Relocate' and
reconnect existing
I services EA $ ~./JnIEA 10 S ., San. 00
II
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48. Grassing Complete LS $ 1./, n '/1). tx::JLS $ '4 t") lLJ. Q 0 .
,
49. Lump Sum
Construction (13) LS $24 axJ,a>/LS $ 'fJ nno_t'\n
I
TOTAL OF BASE BID......... ... ................ ......... .......... ......... ................ $2..S~ (.q~. ?5.
~~t~.:~~~~~~~~E~f
DISCREP ANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN.
Footnotes:
(1) Locate water to depth of cover and distance off edge of pavement noted on drawings.
(2) Unit price shall not include approved select bedding material for unsuitable trench bottom.
Unit price shall not include approved select backfill material for unsuitable on-site soils.
(3) Bid Item includes gradually lowering the pipe to route pipe under stream or culvert. Pipe
is compensated under pipe bid item. Where Contractor is installing water line outside of pipe
culvert, no separate payment will be made for crossing except-concrete encasement.
(4) All fittings shall be ductile or cast iron mechanical joint type fittings.
(5) Unit price shall include thrust blocks in accordance with detail3/C-4.
(6) Gate valve and box shall be in accordance with detail6/C-4.
(7) Fire hydrant and installation shall be in accordance with detailllC-4.
(8) Bore and jack shaD be in accordance with detail 13/C-4 and includes mechanica1joint ductile
iron carrier pipe.
(9) Removal and replacement shall be in accordance with detail 121C-2. .
(10) As directed and approved by the Engineer. Select refill, shall be as approved by Engineer,
delivered (loose measure) and confirmed installed.
(11) Includes 6" sand clay base and 4" gravel topping to match existing gravel type.
(12) Includes filter fabric.
(13) Any work not covered by a specific pay item shall be included in Lump Sum Construction,
including test ports for bacteriological samples.
(14) Includes all items shown in detail 14/C-4.
The Bidder declares that he understands the above quantities shown, for unit price items are
approximate only and are subject to either an increase or a decrease, and that should the quantities
be decreased, the Bidder also understands that payment will be made on the basis of actual quantities
at the unit price bid and will make no claim for anticipated profits for any. decrease in quantities, and
that actual quantities will be determined upon completion of the work, at which time adjustment will
be made to the Contract amount by direct increase or decrease.
The Bidder furthermore agrees that, in case of a failure on his part to execute Articles of
Agreement and Bonds within ten (10) days after notification of award of Contract, the Bid Bond or
certified check accompanying his bid and the monies payable hereon, shall be pai.Q into the funds of
the Owner of liquidated damages for such failure, otherwise the Certified Check or Bid Bond
accompanying this Proposal shall be returned to the Bidder according' to the provisions of
"Information to Bidders".
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The bidder further declares that he understands that the owner reserves the right to add other
work (not shown in the contract documents, but within the general scope of the work described) to
the contract at the unit prices shown in the bid.
BIDDER understands that the OWNER reserves the right to reject-any or all Bids and to
waive any informalities in the Bidding.
The BIDDER agrees that this Bid shall be good and may not be withdrawn for a period of 4S
calendar days after the scheduled closing time for receiving Bids.
ll..LA. \ ~ CJ)N~2.1} ~ 'T I()JJ l :J:A1C... .
. (Bidder) . \ . I
By: ItlJa~~AN\r(-w!I~JA'-'-I,
:. .'
Title: Pt?1='~I~~
ADDRESS OF BIDDER;
l!:LAJ1!.. ~'1lZ.LJC.TI~I~ -
PO.il,D){ 'l7D ~VAAl~ ~. L~~
,
Attached hereto is the Bid Security in the amount of IO~ o-P -x......<.P ~;A AAt^'.I'L+
($ ) according to the conditions of "Information to Bidders" t and provisions thereof.
The full name and addresses of persons or parties interested in the foregoing bid, as principals
are as follows: .
NAME
ADDRESS
w: It ~--- z...M~~r:, A.-_c:.~
p 1). ")!:.L) x.. ??n ~AALSI G..t... ~9
~AIP. L. AAUT"I.AA..ta r :or... -lI V. ~o:.
Pn.~}l '1?n ~VA.AlS:Jt;,A..~9
The Bidder shall here state what work he has done of similar nature to that bid fort and give
reference that will afford the Owner opportunity to judge as to experience, skill, business standing
and financial ability.
1'~<:J.lP~ ::r.^TDo~rPJAl XI J/'D.. - WA~JZ.. M.AJ~ ~ - 1l.1~ /!L)f.iV/V - p~J2lr k::. TIt U .A2:'T>., ~--?%-6C
V~rT~ yn ~ Uv L>WFJJS I2.MJJ - WA-r.::1' .AAA..I.A,t c;- ('/')U}M."(;JAULJAJ7V- "glll_Y t' J.A,,-rt'J~ k.8~
Jot ~PLllJ'RA..tV M~..A.U Ln.-VI A-,-p.J? MA IA.L<;' - hI" ~ t!.L>~,~ - PXJ1!J(' K. "'D IUA1!.:D~ ~-Se
r LAArrf)JJ lll"JA..h - W A.I;:-~ ..u: ~ IN - ('.L) { UN. 'F:..J A. ran "JA/TV - ;fl./ U " ~ A VVJ# ~ ~k.3-~
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..
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, thatwe Blair Construction, Inc.
iH,f, .I\,tft awn ".m, .ncJ .c.tO',,'u '"~ It'.~. t:I;" ",I Ln"I,..llor
PO Box 770, Evans, Georgia 30809
as Principal, hereinafter called the Principal, and American Casualty Company of Reading,
(M,.. ."..t' 1,,11 "''''' .^tJ .dcJ'", '0' ir\;.1 "I:. t)t \..,.".
Pennsylvania, CNA Plaza, Chicago, Illinois 60685
.
a corporation duly organized under the laws of the Sta:e of Pennsy 1 van i a
as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County
Commis~ion-Council, 530 Greene Street IH... ,n'.'I',,1I n.me .na .U<I,.." U' '''1.1 hlle ft. Own.,.
Municipal Building, Augusta, Georgia 30911
. as Obligee, hereinafter called the Obligee, In the sum of Ten percent of amount. bid
Dollars <S 10% of bid),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and ~C:V~/ilnt, firml.,. by
these presents.
WHEREAS, the Principal has submitted a bid for Maddox Road and Flowing Wells Road Wat
CH.". 1"'1:" 1,,11 n.",,,". ....\J,...." .."d lI,,'''~ ....IIt,,. ,.1 :')'IIJe'(f)
Line Extension Project NO. 097.001
,
,
NOW, THEREFORE, If the...obUpe shall Iccept the bid of the Principal and the Prlncipal'shaU-enter into a Contract
wilh lhe Obligee in accordance with the lerms of such bid. and gjy/! suc'" bond 01 bonds as may bl: ~pcci(..:d .n itl/: h'dding
or Contract Oncuments with lood and sufficienl surely (0' lht failhful perlo,manr,e (II such Cunll." ant! fur lilt: p'"mpl
plyment 01 labor and mate,ial furnished in the proseculion (he'eol. 01 .n Ihe eYl.'nl ul Ihe (a.luI" "I Ihe I'"nc,p.1 10 enler
.uch Contllct and siye such bond or bonds, if Ihe Princip.1 sh.lI pay 10 'he Obligee Ii'll.' diHerencl.' "". 10 ,,'ct:e:d It,\.< Ill'n.lty
hereof between the amount speCified in s.id bid and such largel .mounl 101 ....hich Ihe: Obl.g,,~. rn.y .., loud I..lh ~"r""CI
with another P'''y to perfo,m the Work covered by uid bid, lhen Ihis ollliS.I.on sh.II be null .nd yu.cJ. ulhe:rw,\\: "u I"m..n
In full force and eHecl. .
i.'.
- Signed and sealed'1hls
. ~.
day of
10th
April
19 97
C~~-~~;~~
~S) ,
I B~air c.onstr(~~,~~il~~n, :nc.
{))AO}{~ R_~
lele) ~
American Casualty Company of
Reading, Pennsylvania .... ~.: \ _
I (Surety)" (Sell)
B~ /i1~
Buck Leig,. (Title) AttorI1ey-in-Fact
(Sell)
'J1il~~y ~ ~
( u)
.'
AlA DOCUMENT AJ10" BID BONO. AlA e, FEBRUARY '970 EO, THE AMERICAN
INSTITUTE OF ARCHITECTS, 173$ N.Y. AVE., N.W., WASHINGTON. O. C;. 2000b
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporatioc.. AMERICAN CASUALTY COMPANY OF READING, PENNSYlVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signatlJre and seals herein affixed hereby make, constitute and appoint
James D. ThaxtDn, Theodore J. Marek, Buck Leigh, GA Weathersby, IncflVidually
of Columbia, South Carolina
their true and lawful AttDmey(sHn-Fact with fuD power and authority hereby conferred 10 sign, seal and execute fer and on their behalf bonds,
undertakings and other obligatory instrumen1s of similar natlJre
- In Unlimited Amounts -
and 10 bind them thereby as fully and 10 the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant 10 the authority hereby given are hereby ratified and ..ot.fu 1I-:l.
This Power of Atb:mey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indic:at8d, by the Boards of DirectDrs of the corporations.
In WItness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 21 st day of January , 1 gg]
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYlVANIA
~~
M.C. Vonnahme
Group VIce President
State of Illinois, County of Cook, ss:
On this 21 st day of January , 19!i17 ,before me personaIJy came
M. C. Vonnahme , 10 me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien . S13t8 of lUinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYlVANIA cIescribed in and which eXBCUted the above instrument; that he
knows the seals of said corporations; that the seals ~ 10 the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said .............wns and that he signed his name thereto pursuant to like authority; ana-a.;knowIedges
same to be the act and deed of said corporations.
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My Commission Expires June 5, 2000
\.&......1. Po.t.L.1zL
Eileen T. Pachuta
Notary Public
CERTIFICATE
I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYlVANIA do hereby certify that the Power of Attorney herein above set forth is
still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 10th day of Afri.1 , 19;{7.
I
I (Rev.7/14f95)
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
/fA-F-t7
Robert E. Ayo
Assistant Secretary
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AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the
year 1997 by and between Augusta-Richmond County Commission (hereinafter called OWNER) and
Blair Construction, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Maddox Road and Flowing Wells Road Water Line Extension; County
Project No. U97.001. Project includes approximately 2,700 L.F. of 10"
DIP water main and 7,000 L.F. of 12" water main
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Article 2. ENGINEER.
The Project has been designed by Johnson, Laschober & Associates, P.C., who is hereinafter called
ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and
have the rights and authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1 The Work will be substantially completed within 120 days from the date when the
Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.13 of the General
Conditions within 120 days form the date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense
and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
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a penalty) CONTRACTOR shall pay OWNER Two hundred fifty dollars ($250.00) for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred fifty
dollars ($250.00) for each day that expires after the time specified in paragraph 3. IE for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds as follows:
Two hundered fifty four thousand six hundred ninety eight dollars and seventy five cents.
Dollars ($254,698.75)
subject to adjustment from measured quantities of unit price items included in the Bid.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the 15th day of each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured by the
schedule of values established in paragraph 2.9 of the General Conditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no schedule
of values, as provided in the General Requirements.
5.1. 1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
The retainage shall be an amount equal to 10% of said estimate until 50% of the work has
been completed. At 50% completion, further partial payments shall be made in full to the
CONTRACTOR and no additional amounts may be retained unless the ENGINEER
certifies that the job is not proceeding satisfactorily, but amounts previously retained shall
not be paid to the CONTRACTOR At 50% completion or any time thereafter when the
progress of the WORK is not satisfactory, additional amounts may be retained but in no
event shall the total retainage be more than 10% of the value of the work completed.
Upon substantial completion of the work, any amount retained may be paid to the
CONTRACTOR When the WORK has been substantially completed except for WORK
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which cannot be completed because of weather conditions, lack of materials or other
reasons which in the judgement of the OWNER are valid reasons for noncompletion, the
OWNER may make additional payments, retaining at all times an amount sufficient to
cover the estimated cost of the WORK still to be completed.
The request for payment may also include an allowance for the cost of such major
materials and equipment which are suitably stored either at or near the site.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph
14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest
at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTA nONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the
determination set forth in paragraph S C-4.2 of the Supplementary Conditions of the extent of
the technical data contained in such reports and drawings upon which CONTRACTOR is
entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports and
studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain
to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the
cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary
for the performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data
are or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or contiguous
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to the site and assumes responsibility for the accurate location of said Underground Facilities.
No additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with' the terms and conditions of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7, inclusive).
8.2 Bid
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 General Conditions.
8.6 Supplementary Conditions.
8.7 Special Conditions.
8.8 Technical Specifications Sections Ql through 04, (inclusive).
8.9 Drawings, consisting of cover sheet and sheets numbered CO-l and Cl-l through CI-4,
inclusive with each sheet bearing the following general title:
Cover Sheet.
CO-l - Index Sheet and Soil Erosion and Sediment Control Plan.
Cl-1 - Maddox Rd. Sta. 0+00 TO Sta. 27+76
CI-2 - Flowing Wells Rd. Sta. 0+00 to Sta. 27+97
Frontage Rd Sta. 0+00 To Sta. 15+00
CI-3 - Frontage Rd Sta. 15+00 To Sta. 43+70
C 1-4 - Details
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8.10 Addenda numbers 1 to 1 inclusive.
8.11 CONTRACTOR'S Bid.
8.12 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of
the General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5
of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article I of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound~ and specifically but without limitation moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the Contract
Documents.
Article 10. OTHER PROVISIONS.
10.1 GEORGIA PROMPT PAY ACT
This agreement is intended by the parties to, and does, supercede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. , 13-11-1, et seq. In the event any provision of this Agreement
is inconsistent with any provision of the Prompt Pay Act, the provisions of this Agreement shall
control.
10.2 CONSENT TO JURISDICTION
All claims, disputes and other matters in question between the OWNER and the CONTRACTOR
arising out of or related to the Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
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10.3 RETAINAGE
Notwithstanding any provision of the law to the contraI)', the parties agree that no interest shall be
due CONTRACTOR on any sum held as retainage pursuant to this Agreement and
CONTRACTOR specifically waives any claim to same.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf
This Agreement will be effective on
Attest
. im .. AI
t · ... #
Address for gi~n~~.~~i' _---
. 8"7It- {j,
~1~,g 7l . ~,J~~
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of
Agreement. )
Ylft?tjfr2
,19 f7 .
/
'- )~
r
[CORPORATE SEAL]
~~~
Address for giving notices
P.('), YJx....- ?7n
EllANS (,,,,,A, ,Y)~9
'" .
License No. Il (' ~.~ 100
Agent for service of process:
""J!i:siJ1n'l 12 f) \JJ '--..)A:D
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
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GENERAL CONDITIONS
1 ARTICLE I-DEFINITIONS
I Wherever used in these General Conditions or in the other
Contract Documents the tollowing terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I Addenda-- Wlitten or graphic instlUments issued prior to thc
opening of Bids which clarify, COlTect or change the bidding
I documents or the Contract Documents.
Agreement--The written agreement between OWNER and
CONTRACTOR covering the Work to be pert(lnned: other
I Contract Documents arc attached to the Agreement and made a
part thereof as pn)\'ided therein.
I Application for Payment- - The fonn accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
I porting documentation as is required by the Contract Documents.
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Bid-- The otTer or proposal of the bidder submitted on the
prescribed fonn setting torth the prices for the Work to be
perfonned .
Bonds--Bid, pertonnance and payment bonds and other
1 instruments of security.
Change Order--A document recommended by ENGINEER,
I which is signed by CONTRACTOR and OWNER and authorizes
an addition, deletion or revision in the Work, or an adjustment in
the Contract Price or the Contract Time, issued on or after the
Etfective Date of the Agreement.
I Contract Documents- - The Agreement, Addenda (which per-
tain to the Contract Documents), CONTRACTOR's Bid
I (including documentation accompanying the Bid and any post
Bid documentation submitted prior to the Notice of A ward) when
attached as an exhibit to the Agreement, the Bonds, these
General Conditions, the Supplementary Conditions, the
I Specifications and the Drawings as the same are more spe-
cifically identitied in the Agreement, together \>;'ith all amend-
ments, modifications and supplements issued pursuant to
I paragraphs 3.4 and 3.5 on or after the EtTective Date of the
Agreement.
Contract Price- - The moneys payable by OWNER to CON-
I TRACTOR 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).
I
Contract Time-- The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the C
I completion of the Work.
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CONTRACTOR--Theperson, film 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 confonn to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or
appnl\'al ret~rred 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.X or 14.10).
Drawings-- The drawings which show the character and scope
or the Work to be pertonned and which have been prepared or
appn1\'ed by ENGINEER and are refelTed to in the Contract
Documents.
Effective Date of the Agreement-- The date indicated in
the Agreement on which it becomes etfective, but ifno such date
is indicated it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
ENGINEER--Theperson, 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 I of the Speci-
fications .
Laws and Regulations; Laws or Regulations--Laws,
rules, regulations, ordinances, codes and/or orders.
Notice of A ward-- The written notice by OWNER to the
apparent successful bidder stating that upon compliance hy the
apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will sign
and deliver the Agreement.
. Notice to Proceed--A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date on
which the Contract Time will commence to run and on which
CONTRACTOR shall start to perfonn CONTRACTOR'S
obligations under the Contract Documents.
OWNER -- The public body or authority, corporation, asso-
ciation, finn or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utilization--Placinga portion of the Work in service
tor the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
FI LE: I( :\42 70 I \AD~ f INISP ECSI I 0 I D.X
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Pro j ect- - The total construction of which the Work to be
I provided under the Contract Docunlents may be the whole, or a
part as indicated elsewhere in the Contract Document....
Resident Project Representative-- The authorized represen-
I tative of ENGINEER who is assigned to the site or any part
thereof.
I Shop Drawings- -All drawings, diagrams, illustrations,
schedules and other data which are specifically prepared by or
for CONTRACTOR to' illustrate some portion of the Work and
I all illustrations, brochures, standard schedules, pertomlance
charts, instlUctions, diagrams and other infonnation prepared hy
a Supplier and submitted by CONTRACTOR to illustrate
material or equipment for some pOltion of the Work.
I
Specifications-- Those portions of the Contract Documents
consisting of Wlitten technical descriptions of materials,
I equipment, construction systems, standards and workmanship a...
applied to the Work and certain administrative details applicable
thereto.
I Subcontractor--An individual, finn or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the perfonnance of a part of the Work at the cite
'I
Substantia' Completion--The Work (or a specified part
I thereot) 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 Documents, so that the Work (or
I 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 tenns
I "substantially complete" and "substantially completed" as
applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions -- The part of the Contract Docu-
I ments which amends or supplements these General Conditions
I Supplier--A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
I Underground Facilities--All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing
I 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
I removal, traffic or other control systems or water.
Unit Price Work--Work to be paid for on the basis of unit
I pnces.
I
Work-- The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Docunlents. Work is the result of per-
forming senices, furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all as
required by the Contract Docunlents.
Work Directive Change--A written directive to
CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and reconunended by
ENGfNEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical
conditions under which the Work is to be perfonned as
provided in paragraph 4.2 or 4.3 or to emergencies under
paragraph 6.22. A Work Directive Change may not change
the Contract Price or the Contract Time, but is evidence that
the parties expect that the change directed or docwnented 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.
Written Amendment- -A written anlenclment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the non engineering or nontechnical rather than
strictly Work-related aspects of the Contract Docunlents.
ARTICLE 2--PRELIMfNARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required
to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless othenvise 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.
Commencement of Contract Time; Notice to
Proceed:
2.3. The Contract Time will conunence 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 Agree-
ment. 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.
2
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I Starting the Project:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Time commences to nm. but no
I Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CON-
I TRACTOR shall carefully study and compare the Contract
Docwnents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
I TOR shall promptly report in writing to ENGINEER any
conflict, error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or c1arifi-
I cation from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
I conflict, error or discrepancy in the Contract Docwnents,
unless CONTRACTOR had actual knowledge thereof or
should reasonably have known thereof
I 2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
'I ENGINEER for review:
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work
I
I
2.6.2. a preliminary schedule of Shop Drawing sub-
missions; and
I
I
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the
Work into component parts in sufficient detail to serve as
the basis for progress payments during construction. Such
prices will include an appropriate amount of overhead
and profit applicable to each item of Work which will be
confirmed in writing by CONTRACTOR at the time of
submission.
I
2.7. Before any Work at the site is started, CONTRAC-
I TOR shall deliver to OWNER, with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase
I 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)
I which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
I
Preconstruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Work at
I
the site, a conference attended by CONTRACTOR, ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures
for handling Shop Dra,vings and other submittals and for
processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
Finalizing Schedules:
2.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRAC-
TOR, ENGINEER and others as appropriate will be held to
finalize the schedules submitted in accordance with para-
graph 2.6. TIle finalized progress schedule will be acceptable
to ENGINEER as prO\-iding 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 scheduling of the Work nor
relieve CONTRACTOR from full responsibility there for.
The finalized schedule of Shop Drawing submissions will be
acceptable _ to ENGINEER as providing a workable
arrangement for processing the submissions. The fmalized
schedule of values will be acceptable to ENGINEER as to
fornl and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3. I. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Docwnents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Docunlents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Docwnents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be
inferred from the Contract Docwnents as' being required to
produce the intended result will be supplied whether or not
specificall); called for. When words which have a
well-known technical or trade meaning are used to describe
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. Ho\vever, no provision of
any referenced. standard specification, manual or code
(whether or not specifically incorporated by reference in the
Contract Docwnents) shall be effective to change the duties
3
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and responsibilities of OWNER, CONTRACTOR or
I ENGINEER, or any of their consultants, agents or employ-
ees from those set forth in the Contract Documents, nor shall
it be effective to assign to ENGINEER, or any of ENGI-
NEER's consultants, agents or employees, any duty or
I authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
I Clarifications and interpretations of the Contract Docwnents
shall be issued by ENGINEER as provided in paragraph 9.4.
I 3.3. If, during the performance of the Work, CONTRAC-
TOR finds a conflict, error or discrepancy in the Contract
Documents, CONTRACTOR shall so report to ENGINEER
I 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
I report any conflict, error or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof.
I
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Amending and Supplementing Contract 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 fonnal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4), or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and
Contract Time may only be changed by a Change Order or
a Written Amendment.
3.5. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and
I deviations in the Work may be authorized, in one or more of
the follo\\;ng ways:
I
3.5. L a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
I
I Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
I Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect contract
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
I
\\;th OWNER shall have or acquire any title to or o\\nership
rights in any of the Dra\\ings, Specifications or other docu-
ments (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.
ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
fonned, rights-of-way and easements for access thereto, and
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or pemla-
nent 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 ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time, CONTRACTOR may make a claim there for as
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 Conditions:
4.2.1. Explorations and Reports: Reference is made to
the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data, interpreta-
tions 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. Existing structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions 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 ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings, but not for the
completeness thereof for CONTRACTOR's purposes.
Except as indicated in the immediately preceding
4
FILE: ":"~270 I IADMINISPECS\ I" I O,H
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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. Report of Differing Conditions: If
CONTRACTOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR 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 indi-
cated, reflected or referred to in the Contract Docu-
ments,
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.
I
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of obtaining additional explorations or tests
with respect thereto and advise OWNER in writing (with
a copy to CONTRACTOR) of ENGINEER's fmdings and
conclusions.
'I
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4.2.5. Possible Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions 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.
I
I
4.2.6. Possible Price and Time Adjustments: 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 attributable 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 there for as provided in Articles 11 and 12.
I
I
Physical Conditions- - Underground Facilities:
I 4.3. L Shown or Indicated: The information and data
shown or indicated in the Contract Documents with respect
I to existing Underground Facilities at or contiguous to the site
is based on information and data furnished to OWNER or
Ei.\jGfNEER by the owners of such Underground Facilities
or by others. Unless it is otherwise expressly provided in the
I Supplementary Conditions:
I
4.3. L L OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and,
4.3.1.2. CONTRACTOR shall have full responsibility
for reviewing and checking all such infonmition and data,
for locating all Underground Facilities shown or
indicated in the Contract Documents, for coordination of
the Work with the O\~ners of such Underground Facilities
during construction, for the safety and protection thereof
as provided in paragraph 6.20 and repairing any damage
thereto resulting from the Work, the cost of all of which
will be considered as having been included in the
Contract Price.
4.3.2. Not Shown or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the site
which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of, CONTRACTOR
shall, promptly after becoming aware thereof and before
performing' any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22), identify the o\\'ner 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 Time, or both, to the
extent that they are attributable to the existence of any
Underground Facility that was not shown or indicated in the
Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of. If the parties
are unable to agree as to the amount or length thereof,
CONTRACTOR may make a claim there for as provided in
Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish 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
5
FI LE: 1(:\4270 I IADM IN\SPECS\ 191 O.R
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locations, and shall be responsible for the accurate
I replacement or relocation of such reference points by
professionally qualified personnel.
I ARTICLE 5--BONDS AND INSURANCE
I
I
I
I
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment 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 Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
I panies" 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
'I certified copy of the authority to act.
I
5.2. If the surety on any Bond furnished by CONTRAC-
TOR 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
I thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER
I Contractor's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
cU1l1Plehensive general liability and other insurance as is
I appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
I mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR, by any
I Subcontractor, by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
I
I
I
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
efit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury,
I
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 re~ult of an offense directly or indirectly related to
the emplo~ment of such person by CONTRACTOR, or
(b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible prop-
erty wherever located, including loss of use resulting
therefrom;
5.3.6. Claims arising out of operation of Laws or Reg-
ulations 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 Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a provi-
sion 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 there aft
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph
13.12. In addition, CONTRACTOR shall maintain such
complete operations insurance for at least two years after
final pay me q and furnish OWNER with evidence of
continuation of such
insurance at final payment and one year thereafter.
Contractual Lability Insurance:
5.4. The comprehensive general liability insurance
required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR's obligations under
paragraphs .6.30 and 6.31.
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
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FILE: 1-::1.1270 I \ADM INISPECSI I ~I 0,&
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Property Insurance:
I 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
I 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
I interests of OWNER, CONTRACTOR, Subcontractors,
ENGINEER and ENGINEER's consultants in the Work, all
of whom shall be listed as insureds or additional insured
I 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
I as may be provided in the Supplementary Conditions, and
shall include damages, losses and expenses arising out of or
resulting from any insured loss or incurred in the repair or
I replacement of any insured property (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals). If not covered under the "all risk"
I insurance or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and maintain
similar property insurance on portions of the Work stored on
'I and off the site or in transit when such portions of the Work
are to be included in an Application for Payment.
I
I
5 .7 . OWNER shall purchase and maintain such boiler
and machinery insurance or additional property insurance as
may be required by the Supplementary Conditions or Laws
. and Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work, all of whom shall be
listed as insured or additional insured parties.
I 5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
I tained 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
I 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.
I
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
I CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
I deductible amount, will be borne by CONTRACTOR, Sub-
contractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
I purchaser's own expense.
I
5.10. If CONTRACTOR requests in wTiting that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possible, include such insurance, and
the cost thereof will be charged to CONTRACTOR by
appropriate Change Order or Written Amendment. Prior to
commencement of the Work at the site, OWNER shall in
writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Waiver of Rights:
5.1!.!. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against the Subcontractors, ENGI-
NEER, 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 the proceeds of insurance
held by OWNER as trustee or otherwise payable under
any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide
primal)' coverage for all losses and danlages caused by
the perils covered thereby. Accordingly, all such policies
shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no
rights of recovery against any of the parties named as
insureds or additional insureds, and if the insurers require
separate waiver forms to be signed by ENGINEER or
ENGINEER's consultant OWNER will obtain the same.
and if such waiver forms are required of any
Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any
money so received, and shall distribute it in accordance with
such agreement as the parties in interest may reach. If no
other special agreement is reached the damaged Work shall
be repaired or replaced, the moneys so received applied on
account thereof and the Work and the cost thereof covered
7
FILE:K:\4270 I "ADM IN\SPECS\ I ~ I 0.8
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by an appropriate Change Order or Written Amendment.
I 5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
I, interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
I as the parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shall, upon the
occurrence of an insured loss, give bond for the proper per-
formance of such duties.
I
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Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage
afforded by or other provisions of the insurance required to
U.;; pw~ha:)eJ and maintained by CONTRACTOR in
accordance with paragraphs 5.3 and 5.4 on the basis of its
not complying with the Contract Docunlents, OWNER shall
notify CONTRACTOR in writing thereof within ten days of the
date of delivery of such certificates to OWNER in accordance
with paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not complying with the Contract Documents, CON-
TRACTOR shall notify OWNER in writing thereof within ten
I days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional infonnation in respect of insurance provided by each
I 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 insur-
I' ance purchased by the other as complying with the Contract
Documents.
I
Partial Utilization- -Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work, such use or occupancy may be accom-
I plished in accordance with paragraph 14.10; provided that no
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
I thereof and in .."Titing effected the changes in coverage
necessitated thereby. The insurers providing the property
insurance shall consent by endorsement on the policy or
I policies, but the property insurance shall not be cancelled or
lapse on account of any such partial use or occupancy..
I
ARTICLE 6--CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
I 6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
I
and applying such skills and expertise as may be necessary
to perfonn the Work in accordance with the Contract Doc-
wnents. 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 Docunlents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without '''Titten notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and layout the Work and per-
fonn construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adj acent 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 perfonnance of Work on Sat-
urday, Sunday or any legal holiday without OWNER's writ-
ten consent given after prior ",Titten notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full
responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities
and incidentals 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 Doc-
uments. 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, con-
nected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Docwnents; but no pro-
vision 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
8
FILE:J.::\42 70 I IADMINISPECSI I ~ I o,~
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furnishing or perfonnance of the Work or any duty or
I authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
I 6.6. CONTRACTOR shall submit to ENGINEER for
' acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
I of new developments; these will confonn generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
I thereto.
I
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the
name of a proprietary item or the name of a particular
Supplier the naming of the item is intended to establish
the type, function and quality required. Unless the name
is followed by words indicating that no substitution is
permitted, materials or equipment of other Suppliers may
be accepted by 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
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 perfonn 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
\vi!l require a change in any of the Contract Documents
(or in the provisions of any other direct contract with
OWNER for work on the Project) to adapt the design to
the proposed substitute and whether or not incorporation
or use of the substitute in connection with the Work is
subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified
will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate 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
I
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I
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I
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I
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require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.2. If a specific means, method, technique,
sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR
may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction
acceptable to ENGINEER, if CONTRACTOR submits
sufficient infomlation to allow ENGINEER to determine
that the substitute proposed is equivalent to that indicated
or required by the Contract Documents. The procedure
for re..-iew 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. ENGI-
NEER 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 evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special perfonnance
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, CON-
TRACTOR shall reinlburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluating
each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, 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 perfonn 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 per-
sons or organizations (including those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance of the specified date prior
to the Effective Date of the Agreement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mental}' Conditions, OWNER's or ENGINEER's accept-
9
FILE:K:',4270 I \ADMINISPECS\ I 0108
I
I
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I
ance (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.
I
I 6.9. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
I Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR just
I as CONTRACTOR is responsible for CONTRACTOR's
own acts and omissions. Nothing in the Contract Documents
shall create any contractual relationship between OWNER
'lor 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
I Suc::ontractor, Supplier or other person or organization
except as may otherwise be required by Laws and
Regulations.
I
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
I TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
I
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which
I officially binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions as
I required by paragraph 5.11. CONTRACTOR shall pay each
Subcontractor a just share of any insurance moneys received
by CONTRACTOR on account of losses under policies
I issued pursuant to paragraphs 5.6 and 5.7.
I
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I
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assunle all costs incident to the use in the perfor-
mance 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
I
specified in the Contract Documents for use in the perfor-
mance 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 and anyone directly or indirectly
employed by either of them from and against all claims,
damages, losses and expenses (including attorneys' fees and
court and arbitration costs) arising out of any infringement
of patent rights or copyrights incident to the use in the
performance 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
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work, which are applicable at the time of opening of
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, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto such as plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
emise expressly required by applicable Laws and Regu-
lations, neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR's compliance
with any. Laws or Regulations.
6.14:2. If CONTRACTOR observes that the Specifi-
cations 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
knowing or having reason to know 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 pri-
mary responsibility to make certain that the
Specifications and Drawings are in accordance with such
Laws and Regulations .
Taxes:
10
FI LE: K:14270 I\ADMIN' S PEeS\ I 0 I O. g
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6.15. CONTRACTOR shall pay all sales, consumer, use
I and other similar taxes required to be paid by CONTRAC-
TO R in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
I
I
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
I land and areas permitted by Laws and Regulations, rights-
of-way, permits and easements, and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
I responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
I Should any claim be made against OWNER or ENGINEER
by any such O\vner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to
'1 settle with such other party by agreement or otherwise
resolve the claim by arbitration or at law. CONTRACTOR
shall, to the fullest extent permitted by Laws and
'I Regulations, indemnify and hold OWNER and ENGINEER
harmless from and against all claims, damages, losses and
expenses (including, but not limited to, fees of engineers,
architects, attorneys and other professionals and court and
I arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought
by any such other party against OWNER or ENGINEER to
I the extent based on a claim arising out of CONTRACTOR's
performance of the Work.
I 6.17. During the progress oftlle Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
I 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
I 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
I by the Contract Documents.
6.18. CONTRACTOR shall not load nor perntit 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.
I-
I
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at
I the site one record copy of all Drawings, Specifications,
Addenda, Wriuen Amendments, Change Orders, Work
I
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 con-
struction. 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 docwnents,
sanlples and Shop Drawings will be delivered to
ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent danlage, injury
or loss to:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, s~ctures, utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or loss
to any property referred to in paragraph 6.20.2 or 6.20.3
caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, shall be remedied
by CONTRACTOR (except damage or loss attributable to
the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or anyone employed
by either of them or anyone for whose acts either of them
may be liable, and not attributable, directly or indirectly, in
whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
11
FILE: 10::'4270 I \ADM 1N'.SPECSI1910,R
I
issued a notice to OWNER and CONTRACTOR in accord-
lance with paragraph 14.13 that the Work is acceptable
(except as otherwise expressly provided in connection with
Substantial Completion).
I 6.21. CONTRACTOR shall designate a responsible rep-
resentative at the site whose duty shall be the prevention of
al,;~jdt:nls. 1bis person shall be CONTRACTOR's superin-
I tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
I Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
I 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
I notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
I determines that a change in the Contract Documents is
required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
'I be issued to document the consequences of the changes or
variations.
I
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
I ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-
graph 2.9), or for other appropriate action if so indicated in
I the Supplementary Conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop
Drawings, which will bear a stamp or specific written
I indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission. All
I 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
I ENGINEER to review the information as required.
6.24. CONTRACTOR shall also submit to ENGINEER
I for review and approval with such promptness as to cause no
delay in Work, all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
I pitn;.;;J 0) a siJl;':cific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Docunlents with respect to the review of the sub-
I mission and will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers. and the use
for which intended.
I
6.25.l. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities, dimensions, specified performance cri-
teria, installation requirements, materials, catalog nunl-
bers and similar data with respect thereto and re\iewed or
coordinated each Shop Drawing or sample \\'ith other
Shop Dra\\ings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRAC-
TOR shall give ENGINEER specific written notice of
each variation that the Shop Drawings or samples may
have from the requirements of the Contract Docunlents,
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.
6.26. ENGINEER \\-ill review and approve with reason-
able promptness Shop Drawings and samples, but ENGI-
NEER'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 nunlber of
corrected copies of Shop Dra\\'ings 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.
6.27. ENGINEER's review and approval of Shop Draw-
ings 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 attention 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 varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; 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. ] .
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
12
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Continuing the Work:
I 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
I disagreements, except as permitted by paragraph 15.5 or as
CONTRACTOR and OWNER may otherwise agree in
writing.
I
Indemnification:
6.30. To the fullest extent permitted by Laws and Regu-
1 lations CONTRACTOR shall indenmify and hold hannless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
I. 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) aris-
ing out of or resulting from the performance of the Work,
I such claim, damage, loss or expense (a) is attributable to
bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself)
I including the loss of use resulting therefrom and (b) is
:;~uscd in ,...hole or in part by any negligent act or omission
of CONTRACTOR, any Subcontractor, any person or
'I organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not
I it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
I 6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor, any
I person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, the
I' 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 or other person
I or organization under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
I
0.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
I of the preparation 'or approval of maps, drawings, opinions,
reports, surveys, Change Orders, designs or specifications.
I
ARTICLE 7 - OTHER WORK
Related Work at Site:
I 7.1. OWNER may perform other work related to the Proj-
I
ect at the site by OWNER's own forces, have other work
perfonned by utility o\\ners or let other direct contracts there
for which shall contain General Conditions similar to these.
If the fact that such other work is to be performed was not
noted in the Contract Documents, written notice thereof will
be given to CONTRACTOR prior to starting any such other
work; and, if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR
or requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
there for as provided in Articles II and 12.
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 perfornling the additional work with
OWNER's employees) proper and safe access to the site and
a reasonablc opportunity for the introduction and storage of
materials and equipment and the execution of such work,
and shall properly connect and coordinate the Work with
theirs. CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required to make its
several parts come together properly and integrate with such
other work. CONTRACTOR shall not endanger any work of
others by cutting, excavating or otherwise altering their work
and will only cut or alter their work with the written consent
of 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
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 o\\ner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non
apparent dcfects 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 anlong the various prime con
tractors 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. Unlcss otherwise provided in the
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FILE:K:Q270 I IADMINISPECS'.1 QI O,H
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Supplementary Conditions, neither OWNER nor
I ENGINEER shall have any authority or responsibility in
respect of such coordination.
I ARTICLE 8--0WNER'S RESPONSIBILITIES
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8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose sta-
tus under the Contract Docunlents shall be that of the fomler
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
I 8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER's identifying and making avail-
able 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 maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
I 8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
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0.7. OWNER's responsibili~' in respect of certain
inspections, tests and approvals is set forth in paragraph
13.4.
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8.8. In connection with 'OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph
115.2 deals with OWNER's right to tenllinate services of
CONTRACTOR under certain circumstances.
I ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
I Owner's Representative:
9.1. ENGINEER will be OWNER's representative during
I the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
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representative during construction are set forth in the Con-
tract Documents and shall not be extended ".;thout written
consent ot OWNER and ENulNE1::.K...
VISits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progres's and quality of the executed Work and to deter-
mine, in general, if the Work is proceeding in accordance
with the Contract Docunlents. 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 confonn to the Contract Documents. On the basis
of such visits and on-site observations as an experienced and
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 obselV;ng the perfomlance of the Work. The
duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not 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 require-
ments of the Contract Docwnents (in the form of Drawings
or otherwise) as ENGINEER may detemline 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 and the parties are unable to
agree to the amount or extent thereof, CONTRACTOR may
make a claim there for 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 nct involve an adjustnlent 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
14
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justifies an increase in the Contract Price or an extension of
I the Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim there for as provided in Article II or 12.
I Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
I will also have authority to require special inspection or
lesling of the Work as provided in paragraph 13.9, whether
or not the Work is fabricated, installed or completed.
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Shop Drawing..., Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10, II and 12.
9.9. In connection with ENGINEER's responsibilities in
I respect of Applications for Payment, etc., see Article 14.
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Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
I ENGINEER's preliminary detemlinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
I NEER's ,vritten decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days
after the date of any such decision, either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
I to ENGINEER wTitten notice of intention to appeal from
such a decision.
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Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
I acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work
I and claims under Articles II 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
I decision in accordance with this paragraph, which
ENGINEER will render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter
I will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event later
lhall Liliriy days) after the occurrence of the event giving rise
I 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
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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 par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection ,..ith 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 pa)1nent as pro,ided 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.
Limitations 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 n~ade 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 Docwnents the terms "as
ordered", "as directed". "as required", "as allowed", "as
approved" or temlS of 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 describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate the Work for compliance with the Contract
Documents (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 of the
Work or any duty or authority to undertake responsibility
contrary to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto, and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Docwnents.
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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I 10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
I 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
I 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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ART!CLE 10--CHANGES IN THE WORK
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an increase or decrease in
I 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 there for as
I provided in Article II or Article 12
10.3. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the Contract
I Time 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,
'I 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.
I lOA. OWNER and CONTRACTOR shall execute
appropriate Change Orders (or Written Amendments)
I covenng:
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10.4.1. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1, are required
because of acceptance of defective Work under paragraph
13 .13 or correcting detective Work under paragraph
13.14, or are agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Time which are agreed to by the parties; and
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10.5. If notice of any change affecting the general scope
I of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
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10.4. 3 . changes in the Contract Price or Contract
Time which embody the substance of any written
cl,;cl"ion 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.
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 ll--CHANGE OF CONTRACT PRICE
II. I. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR 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 anlounts
(direct, indirect and consequential) to which the claimant is
entitled as a result of the occurrence of said event. All claims
for adjustment in the Contract Price shall be determined by
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.
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 detennined in one of the following
ways:
11.3. I. Where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of unit prices to the quantities of the items involved
(subject to the prov'isions of paragraphs 11.9.1. through
I 1.9.3, inclusive).
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11. 5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
16 FILE:K:'A2701IADMINISPECSIIQIO,R
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Cost of the Work:
11.4. The term Cost of the Work means the sum of all
I costs necessarily incurred and paid by CONTRACTOR in
the proper perfonnance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items and shall
not include any of the costs itemized in paragraph 11. 5:
mined as provided in paragraphs 11.6 and 11.7).
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11.4.1. PaYToll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon
by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment,
excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and
foremen at the site. The expenses of performing Work
after regular working hours, on Saturday, Sunday or legal
holidays, shall be included in the above to the extent
authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
portation 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.
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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.
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11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost, including transportation and main-
tenance, of all materials, supplies, equipment, machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers, which
are consunlCd in the performance of the Work, and
cost less market value of such items used but not
consumed which remam the property of
CONTRACTOR.
11.4.5.3. Rentals of all construction equipment
and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of 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.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by
CONTRACTOR in connection with the performance
and furnishing of the Work (except losses and
damages within the deductible amounts of property
insurance established by OWNER in accordance with
paragraph 5.9), provided they have resulted from
causes other than the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages and
17
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expenses shall be included in the Cost of the Work for
the purpose of detennining 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,
express age 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 CON-
TRACTOR's officers, executives, principals (of partner-
ship and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors.
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
cmplo)'e.d by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in par -a graph 11.4.1 or specifically covered by
paragraph 11AA-- 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
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.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11.4.5.9 above).
II. 5 . 5 . Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone directly
or indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
11.5.6. Other oyerhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
CONTRACTOR'S Fee:
11.6. The CONTRACTOR's Fee allowed to
CONTRACTOR for overhead and profit shall be detennined
as follows:
11. 6.1. a mutually acceptable fixed fee; or if none can
be agreed upon,
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
. 11.6.2.1. for costs incurred under paragraphs
11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be
fifteen percent;
11.6.2.2. for costs incurred under paragraph
11.4.3, the CONTRACTOR's Fee shall be five
percent; and if a subcontract is on the basis of Cost of
the Work Plus a Fee, the maximum allowable to
CONTRACTOR on account of overhead and profit of
all Subcontractors shall be flfteen percent;
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4, 11.4.5 and
11.5:
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 deduction in
CONTRACTOR's Fee by an amount equal to ten
percent of the net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of
the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. \Vhenever the cost of any Work is to be detennined
pursuant to paragraph 11.4 or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
18
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Cash Allowances:
I 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
11j~: "tlch .'Subcontractors or ~upplIers and tor such sums
within the limit of the allowances as may be acceptable to
ENGrNEER. CONTRACTOR agrees that:
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11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be
delivered at the site, and all applicable taxes: and
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11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allov..'ances have been included in the Contract Price and
not in the allowances. No demand for additional payment
on account of any thereof will be valid.
I Prior to fmal payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
'I ingl)' adjusted.
Unit Price 'H'ork:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit
Price Work times the estimated quantity of each item as
indicated in the Agreement The estimated quantities of
items of Unit Price Work are not guaranteed and are
solely for the purpose of comparison of Bids and
determining an initial Contract Price. Determinations of
the actual quantities and classifications of Unit Price
Work perfornled 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.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quanti!)' of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof, CON-
TRACTOR may make a claim for an increase in the <;:on-
tract Price in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12--CHANGE OF CONTRACT TIME
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 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 ENGrNEER allows an additional period of time to
ascertain more accurate data in support of the claim) and
shaH be accompanied by the claimant's written statement that
the adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence' of said event All claims for adjustment in the
Contract Time 24 shall be deternlined 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 CON-
TRACTOR if a claim is made there for as provided in para-
graph 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 engineers, architects,
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13--WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEYf ANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGrNEER that all Work will be in accor-
dance 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
19 FILE:K:\42701'ADMINlSPECS\1910,R
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I Access to Work:
13.2. ENGINEER and ENGINEER's representatives,
I other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests "ill have
access to the Work at reasonable times for their observation,
I inspecting and testing. CONTRACTOR shall provide proper
and safe conditions for such access.
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this Article 13 .
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals.
I 13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
I be inspected, tested or approved. CONTRACTOR shall
assume full responsibility there for, pay all costs in
co~ceticn therewith and furnish ENGINEER the required
certificates of inspection, testing or approval.
I 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
'I 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
I 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
I by OWNER (unless otherwise specified).
13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having
I jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
specified) .
I
13.6. If any Work (including the work of others) that is to
be inspected, tested or approved is covered without written
I concurrence of ENGINEER, it must, if requested by ENGI-
N EER, be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
I given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
I
I
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the
Work in accordance with the Contract Documents.
Uncovering Work:
I 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
I
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 defrctive. CONTRACTOR shall bear all direct,
indirect and consequential costs of such uncovering, expo-
sure, observation, inspection and testing and of satisfactory
reconstruction, (including 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 there for as
provided in Article II. If, hO\vever, such Work is not found
to be defective. CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the Contract
Time, or both, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction:
and, if the parties are unable to agree as to the amount or
extent thereof, CONTRACTOR may make a claim there for
as provided in Articles II and 12.
Owner May Stop the Work:
13.10. If the Work is defrctive, 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.
Correction or Removal of Defective Work:
13 .11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defrctive' Work,
\vhether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with non defective Work.
CONTRACTOR shall bear all direct, indirect and
consequential costs of such correction or removal (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any
Work is found to be defective, CONTRACTOR shall
20
FI LE:K:\4270 I' ADM IN'SPECS\ I ~ I O,H
I
promptly, without cost to OWNER and in accordance with
I OWNER's \\Titten instructions, either correct such defective
Work, or, if it has been rejected by OWNER, remove it from
the site and replace it with non defecti,'e Work. If
CONTRACTOR does not promptly comply with the ternlS
I 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
I replaced, and all direct, indirect and consequential costs of
such removal and replacement (including but not limited to
fees and charges of engineers, architects, attorneys and other
I professionals) will be paid by CONTRACTOR. In special
circwllstances where a particular item of equipment is placed
in continuous seryice before Substantial Completion of all
I the Work, the correction period for that item may start to run
from an earlier date if so providcd in the Specifications or by
Written Amendment.
I
I
Acceptance of Defective Work:
13 . 13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final pa}ment, also
ENGINEER) prefers to accept it, OWNER may do so. CON-
TRACTOR shall bear all direct, indirect and consequential
'I costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be
approved by ENGINEER as to reasonableness and to
I include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such
acceptance occurs prior to ENGINEER's recommendation of
I final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Docwnents with
respect to the Work; and OWNER shall be entitled to an
appropriate decrease in the Contract Price, and, if the parties
I are unable to agree as to the amount thereof, OWNER may
m;]kc a claim there for as provided in Article I I. If the
acceptance occurs after such recommendation, an
I appropriate amount will be paid by CONTRACTOR to
OWNER.
I OWNER May Correct'Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
I to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perfoml the Work
in accordance with the Contract Documents, or if CON-
I TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR, correct and remedy any such
I deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the
extent necessary to complete corrective and remedial action,
I 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
II 21
possessIOn of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored
at the site or for which OWN ER has paid CONTRACTOR
but which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees
such access to the site as may be necessary to enable
OWNER to exercise the rights and remedies under this
paragraph. All direct, indirect and consequential costs of
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR in an amount approved as
to reasonableness by ENGINEER, and a Change Order will
be issued incorporating the necessary revisions in the
Contract Docunlents 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 there for as provided in
Article 11. Such direct, indirect and consequential costs will
include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court 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 performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14. I. 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 Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month), CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation 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 Docwnents. 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
docwnentation warranting that OWNER has received the
materials and equipment free and clear of all liens, charges,
FI LE: K:'4no I \AD~ t IN\SPECS\ I? I Q,R
I
security interests and encumbrances (which are hereinafter
I in these General Conditions referred to as "Liens") and
evidence that the materials and equipment arc covered by
appropriate property insurance and other arrangements to
I protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER. The amount of retain age with respect
to progress payments will be as stipulated in the Agreement.
I
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CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli-
cation for Payment, whether incorporated in the Project or
not, will pass to OWNER no later than the time of pa)'ment
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
Ow'l\jER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
I ommend payment. In the latter case, CONTRACTOR may
, make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
'I ment with ENGINEER's recommendation, the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due ~d when due will be paid by
I OWNER to CONTRACTOR.
I
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
I NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated; that, to the best of ENGI-
I NEER'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
1- prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to a
final determination of quantities and classifications for Unit
I Price Work under paragraph 9.10, and to any other qualifi-
cations stated in the recommendation); and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However, by recommending any such payment ENGINEER
I will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
I 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 CONTRAC-
I TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
I
14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR' s being entitled to final payment as set forth in
paragraph 14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any pa)'ment if, in ENGINEER's opinion, it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment, or, because of subseque'ntly 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:
14.7.1. the Work is defective. or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Written
Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with
paragraph 13 .14, or
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.
OWNER may refuse to make pa)1llent of the full amount
recommended by ENGINEER because claims have been
made again~t OWNER on account of CONTRACTOR's per-
formance 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.
Substantial Completion:
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 ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons there
for. If ENGINEER considers the Work substantially
complete, 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
22
FILE:":' 4270 I \ADMIN\SPECSI I ~I O.R
I
completed or corrected before final payment. OWNER shall
I 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
I Work is not substantially complete, ENGINEER ,,,ill within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the
reasons there for. If, after consideration of OWNER's
objections, ENGINEER considers the Work substantially
complete, ENGINEER will within said fourteen days
execute and deliver to OWNER and CONTRACTOR a'
defmitive 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 afore-
said recommendation will be binding on OWNER and CON-
TRACTOR Wltil final payment.
I
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14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
I Partial Utilization:
14.10. Use by OWNER of any fmished part of the Work,
I which has specifically been identified in the Contract Docu-
ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately fWlctioning and use able
I part of the Work that can be used by OWNER without sig- ,
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
I Substantial Completion of all the Work subject to the follow-
mg:
I
I
I
14. iO.l. OWNER at any time may request CON-
TRACTOR in writing to pemlit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWN
ER 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
I
considers any such part of the Work ready for its
intended use and substantially 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 inspec-
tion of that part of the Work to detemune its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER \\'ill
notify OWNER and CONTRACTOR in writing giving
the reasons there for. 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 accf?ss thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after 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 pa)ment. If CONTRACTOR does not object in
\\'Titing 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 ,,,ill deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the di"ision of responsibilities pending fmal
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 (Wlless 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 of part of
the Work will be accomplished prior to compliance with
the requirements of paragraph 5. 15 in respect of property
msurance .
Fino/Inspection: .
14.11. Upon wTitten 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 ,viII notify CONTRACTOR in writing
of all particulars in which this inspection reveals that the
23
FILE:K:'4270 I \ADMIN'SPECSI I" 10,H
I
Work is incompletc or defective. CONTRACTOR shall
I immediately take such measures as are necessary to remedy
such deficiencies .
I Final Application for Payment:
- 14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
I, maintenance and operating instructions, schedules, guaran-
tees, Bonds, certificates of inspection, marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments--all as required by the Contract Documents, and afier
1_, ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
may make application for final payment following the pro-
I cedure for progress pa~lnents. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and
,1-' legally effective releases or waivers (satisfactory to
OW-NER) 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
I 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
'I 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
I satisfied; and consent of the surety, if any, to final payment.
If any Subcontractor or Supplier fails to furnish a release or
receipt in full, CONTRACTOR may furnish a Bond or other
collateral satisfactory to OWNER to indemnify OWNER
I against any Lien.
I
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Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction 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
ha~ heen completed and CONTRACTOR's other obligations
I under the Contract Documents have been fulfilled, ENGI-
NEER will, within ten days lifter receipt of the final Appli-
cation for Payment, indicate in writing ENGINEER's rec-
I ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the
I" 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 fmal payment, in which case
I CONTRACTOR shall make the necessary corrections and
. resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
I documentation, in appropriate form and substance, and with
, ENGINEER's rcconunendation and notice of acceptability,
the amount recommended by ENGINEER will become due
I
and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, fmal
completion of the Work is significantly d~layed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR'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 and accepted. If the
remaining balance to be held by OWNER for Work not fully
completed or corrected is less than the retain age 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 pa~111ent shall be made under the tenns
and conditions governing final payment, except that it shall
not constitute a waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perfonn and com-
plete 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 cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Docunlents,
nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13,
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perfonn the Work in accordance with the Contract
Docunlents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
24
FI LE: 1-::142 70 I IADMIN'.sPECSI I ~ I 0,8
I
I
Liens, from defective Work appearing after final inspec-
tion pursuant to paragraph 14.1 I 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 Docwnents; and
I
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14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
I ARTICLE 15--SUSPENSION OF WORK AND
TERMINA nON
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Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, sus-
pend the Work 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 Work will be resumed. CONTRACTOR shall reswne
the Work on the date so fixed. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Time, or both, directly attributable to any
suspension if CONTRACTOR makes an approved claim
there for as provided in Articles II and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
I
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15.2.1. if CONTRACTOR commences a voluntary
case under any chapter of the Bankruptcy Code (Title II,
United States Code), as now or hereafter in effect, or if
CONTRACTOR takes any equivalent or similar action
by filing a petition or otherwise under any other federal
or state law in effect at such time relating to the
bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
I
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15.2.3. if CONTRACTOR makes a general
assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of
CONTRACTOR is appointed under applicable law or
under contract, whose appointment or authority to take
charge of property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or for the
purpose of general administration of such property for the
benefit of CONTRACTOR's creditors;
15.2.~. if CONTRACTOR admits in writing an inabi-
lity 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 (including, but not limited to, failure to
supply sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule
established under paragraph 2.9 as revised from time to
time);
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations 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 Docu-
ments:
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may
deem expedient In such case CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
the direct, indirect and consequential costs of completing the
Work (including but not limited to fees and charges of
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
reasonabler:tess 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 Work performed.
15.3. Where CONTRACTOR's services have been so
teoninated by OWNER, the termination will not affect any
rights or remedies of OWNER i'gainst CONTRACTOR then
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FILE:K:\4270 I \ADMIN\SPECS\ 1910.8
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c'Yisting or which may thereafter accrue. Any retention or
I' payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
I
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15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER, OWNER may, without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and tenninate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable tennination expenses,
which will include, but not be limited to, direct, indirect and
consequential costs (including, but not limited to, fees and
charges of engineers, architects, attorneys and other
professionals and court and arbitration costs).
I Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
I." Work is suspended for a period of more than ninety days by
OWN ER or under an order of court or other public
authority, or ENGINEER fails to act on any Application for
~ Payment within thirty days after it is submitted, or OWNER
II' fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
'.1, tenninate the Agreement and recover from OWNER
payment for all Work executed and any expense sustained
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plus reasonable tennination expenses. In addition and in lieu
of tenninating 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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intentionally. )
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FI LE:K:\42 70 1 \ADMfNlSPECS\ 191 0.8
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I 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
I (except for claims which have been waived by the making or
acceptance of final payment as provided by paragraph 14. 16)
will be decided by arbitration in accordance with the Con-
'I struction Industry Arbitration Rules of the American Arbi-
tration Association then obtaining subject to the limitations
of this Article 16. This agreement so to arbitrate and any
I other agreement or consent to arbitrate entered into in accor-
, dance herewith as provided in this Article 16 will be specifi-
cally enforceable under the prevailing law of any court
,I having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
I initially for decision in accordance with paragraph 9.11 will
be made until the earlier of (a) the date on which
ENGINEER has rendered a decision or (b) the tenth day
after the parties have presented their evidence to
ENGINEER if a written decision has not been rendered by
ENGINEER before that date. No demand for arbitration of
1- any such claim, dispute or other matter will be made later
than thirty days after the date on which ENGINEER has
rendered a written decision in respect thereof in accordance
with paragraph 9.11; and the failure to demand arbitration
I; within said thirty days' period shall result in ENGINEER's
. decision being final and binding upOn OWNER and
CONTRACTOR. If ENGINEER renders a decision after
I arbitration proceedings have been initiated, such decision
, may be entered as evidence but will not supersede the
arbitration proceedings, except where the decision is
I acceptable to the parties concerned. No demand for arbitra-
, tion of any written decision of ENGINEER rendered in
accordance with paragraph 9.10 will be made later than ten
I days after the party making such demand has delivered writ-
ten notice of intention to appeal as provided in paragraph
,9.10.
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writing with the other party to the Agreement and with the
American Arbitration Association, and a copy will be sent to
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ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten-day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limi-
tations .
16.4. No arbitration arising out of or relating to the Con-
tract Docwnents shall include by consolidation, joinder or in
any other manner any other person or entity (including
ENGINEER, ENGINEER's agents, employees or consul-
tants) who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration,
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common to
those who are already parties to the arbitration and which
will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent to
arbitration of any dispute not specifically described in
such consent or to arbitration with any party not
specifically identified in such consent.
16.5. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
appeal except to the extent permitted by Sections 10 and 11
of the Federal Arbitration Act (9 V.S.c. 10,11).
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ARTICLE 17--MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice, it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the finn or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
I business address known to the giver of the notice.
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Computation Or Time:
17.2.l. 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. .
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day,
'I General:
17.3. Should OWNER or CONTRACTOR suffer injury
I or damage to person or property because of any error, omis-
sion or act of the other party or of any of the other party's
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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 pro-
visions of ~y applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under 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, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or
all of them which are otherwise imposed or available by
Laws or Regulations, by special warranty or guarantee or by
other provisions of the Contract Documents, and the
provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in
connection With each particular duty, obligation, right and
remedy to which they apply. All representations, warranties
and guarantees made in the Contract Documents will survive
final payment and tennination or completion of the
Agreement.
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SUPPLEMENTAL CONDITIONS
SC-I.2.1
Add a new paragraph immediately after paragraph SC-l.2 of the General Conditions which is to read
as follows:
. SC-l.2.1 Agreement: This agreement shall be governed by the laws of Georgia. In addition
to any others, the parties consent to venue in the courts of Augusta-Richmond
County. This agreement may be modified only in writing signed by the parties.
SC-2.2.1
Add a new paragraph immediately after paragraph SC-2.2 of the General Conditions to read as
follows:
SC-2.2.1 Owner shall furnish to CONTRACTOR up to three copies 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.
SC-4.2.1.1
Amend paragraph SC-4.2.1.1 of the General Conditions to read as follows:
SC-4.2.1.1 Subsurface Conditions: No sub-surface explorations, tests or reports
are available for this site.
SC-5
Add the following paragraphs as an amendment to Article 5-BONDS AND INSURANCE:
SC-5
1. Contractor's and Subcontractor's Insurance: The Contractor shall not commence work under
this contract until he has obtained all the insurance required under this paragraph and such
insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor
to commence work on this subcontract until all similar insurance required of the subcontractor
has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the life
ofthis contract Workers Compensation Insurance for all of his employees to be engaged
in work on the project under this Contract, and in case any such work is sublet, the
Contractor shall require the subcontractor similarly to provide Workers Compensation
Insurance for all of the latter's employees to be engaged in such work unless such
employees are covered by the protection afforded by the Contractor's Workers
Compensation Insurance. In case any class of employees engaged in hazardous work on
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the project under this contract is not protected under the Workers Compensation statue,
the Contractor shall provide and shall cause such subcontractor to provide a Workers
Compensation policy for the protection of such of his employees not otherwise protected.
(b) Public Liability and Property' Damage Insurance: The Contractor shall take out and
maintain during the life of this contract such Public Liability and Property Damage
Insurance and Automobile Liability Insurance as shall protect him and any subcontractor
performing work covered by this contract from claims for damages for personal injury,
including accidental death, as well as from claims for property damages, which may arise
from operations under this contract, whether such operations are by himself or by any
subcontractor or by anyone directly or indirectly employed by either of them. The
amount of such insurance shall be as follows:
2. Contractor's Public Liability and Property Damage Liability Insurance: The Contractor shall
carry, with respect to the operations he performs, regular Contractor's Public Liability
Insurance providing for a limit of not less than $300,000 for all damage arising out of bodily
injuries to or death of one person, and subject to that limit for each person, a total of $500,000
for all damage arising out of bodily injuries to or death of two or more persons in anyone
accident, and regular Contractor's Property Damage Liability Insurance providing for a limit
of not less than $50,060 for all damages arising out of injury to or destruction of property in
anyone accident and subject to that limit per accident, a total ( or aggregate) limit of $1 00,000
for all damages arising out of injury to or destruction of property during the Policy period. If
any part of the work is sublet, similar insurance, in the same amounts as required of the
General Contractor, shall be provided by or in behalf' of the subcontractor to cover' his
operation.
3. Contractor's Protective Public Liability and Property Damage Liability Insurance The
Contractor shall carry in his own behalf, with respect to the operations performed for him by
any subcontractor, regular Contractor's Protective Public Liability Insurance providing for a
limit of not less than $300,000 for all damage arising out of bodily injuries to or death of any
one person, and subject to that limit for each person, a total limit of $500,000 for all damage
arising out of bodily injuries to or death of two or more persons in anyone accident, and
regular Contractor's Protective Property Damage Liability Insurance providing for a limit of
not less $50,000 for all damages arising out of injury to or destruction of property in anyone
accident and subject to that limit per accident, a total (or aggregate) limit of $1 00,000 for all
damages arising out of injury to or destruction of property during the Policy period.
4. Automobile Liability Insurance:
(a) Bodily injury in an amount not less than $300,000 including accidental death to anyone
person, and, subject to the same limit for each person, in an amount not less than
$500,000 on account of one accident.
(b) Property damage in an amount not less than $50,000 for anyone damage claim, and in
an aggregate amount up to $100,000 during the Policy period.
5 Owner's Protective Liability Insurance: Issued in the name of the Owner for liability and
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property damage in the same amounts as stipulated for the Contractor.
6. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with a certificate
showing satisfactory proof of carriage of the insurance required, which certificate shall be
cancelable only upon ten (10) days written notice to the Owner.
7. All of the insurance hereinbefore specified by SC-5 and Article 5 of the General Conditions
shall be carried until all work required to be performed under the terms of the contract is
satisfactorily completed as evidenced by the formal acceptance by Augusta-Richmond County.
Should such insurance be cancelled before such completion of the contract, the Contractor and
the subcontractor shall suspend all work or operations until such time as the Contractor shall
provide another policy or policies of insurance of like ten~r or effect
8. The Contractor shall have the Owner, Engineer and their representatives listed as insured on
all policies for the project.
SC-5.5 through SC-5.8 and SC-5.10
Delete paragraphs SC-5.5 through SC-5.8 and SC-5.1 0 of the General Conditions in their entirety.
SC-6.2.1
Add a new paragraph immediately after paragraph SC-6.2 of the General Conditions which is to read
as follows:
SC-6.2.1 Cooperation of Contractor: The Contractor will be supplied with three (3) sets of
the Drawings and Specifications. The Contractor shall have available on the work,
at all times, one (1) set of each of said Drawings and Specifications. He shall give
the work the constant attention necessary to facilitate the progress thereof and shall
cooperate with the Engineer and authorized parties in every way possible. The
Contractor shall at all times have a Superintendent, satisfactory to the Engineer,
capable of acting as his agent on the work, who shall receive instructions from the
Engineer or his authorized representatives. The Superintendent shall have full
authority to execute the orders or directions of the Engineer without delay and to
promptly supply such materials, tools, plant equipment and labor as may be
required. Work in connection with utility relocations performed by others will be
performed concurrently with others and shall coordinate his operations with theirs,
in order that maximum speed in construction in attained.
SC-6.2.2
Add a new paragraph immediately after paragraph SC-6.2.1 of the Supplemental Conditions which
is to read as follows:
SC-6.2.2 The Contractor shall, upon demand from the Engineer, immediately remove any
Superintendent, Foreman or workman whom the Engineer may consider
incompetent of undesirable.
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SC-6.3.1
Add a new paragraph immediately after paragraph 6.3 of the General Conditions which is to read
as follows:
SC-6.3.1 Any work necessary to be performed after regular working hours, on Sundays, or
legal holidays, shall be performed without additional expense to the Owner.
Contractor will be charged for inspection of work by Owner and Engineer for
overtime expenses incurred by Owner and Engineer.
SC-6.8.1.1
Add a new paragraph immediately after paragraph SC-6.8.1 of the General Conditions which is to
read as follows:
SC-6.8.1.1 The Contractor shall utilize the services of specialty subcontractors on
those parts of the work which, under normal contracting practices, are
performed by specialty subcontractors: Provided. That if the Owner shall
determine that the specialty work in question has been customarily
performed by the Contractor's own organization and that such organization
is presently competent to perform such work, the Contractor shall be
permitted to do so: Provided Further. That if the Owner shall determine that
the performance of any ~pecialty work by specialty subcontractors will
result in materially increased costs or inordinate delays, the requirements
of this paragraph shall not apply.
SC-6.8.1.2
Add a new paragraph immediately after paragraph SC-6.8.1.1 of Supplemental Conditions which
is to read as. follows:
SC-6.8.1.2 The Contractor shall not subcontract the complete work, or any major
portion thereof, and shall not award any work to any subcontractor without
prior written approval of the Owner, which request shall contain written
statements containing such information as the Owner may require.
SC-6.8.2.1
Add a new paragraph immediately after paragraph SC-6.8.2 of the General Conditions which is to
read as follows:
SC-6.8.2.1 CONTRACTOR shall provide list to OWNER of Subcontractors to be
used on project.
SC-G.14.2.1
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Add a new paragraph immediately after paragraph SC-6.14.2 of the General Conditions which is to
read as follows:
SC-6.14.2.1 He shall at all times, himself observe and comply with all laws,
ordinances and regulations, and shall protect and indemnify the
Owner and its agents against any claim or liability arising from or
based on the violation of any such law, ordinances, regulation,
order or decree, whether by himself or by his employees.
SC-6.16.1
Add a new paragraph immediately after paragraph SC-6.16 of the General Conditions which is to
read as follows:
SC-6.16.1 Field Office and Temporary Sanitary Facilities: CONTRACTOR shall be
responsible for maintaining a field office and temporary sanitary facilities adjacent
to the site. Field office shall contain a telephone, Contract Documents and the
Contractor's records. All facilities be maintained in compliance with authorities
having legal jurisdiction.
SC-6.16.2
Add a new paragraph immediately after paragraph SC-6.16.1 of the Supplemental Conditions which
is to read as follows:
SC-6.16.2 Contractor shall be responsible for arranging of adjacent off site location for
office, sanitary facilities, and storage of equipment and materials. (Reference:
General Conditions paragraph 4.1) Project site is area within right-of-ways and
indicated easements.
SC-6.20.4
Add a new paragraph immediately after paragraph SC-6.20.3 of the General Conditions which is to
read as follows:
SC-6.20.4 Protection of Persons and Property: The Contractor shall be responsible for all
injuries or damages to persons or property that occur in connection with the
performance or work under this contract. He shall take all necessary precautions
and exercise adequate diligence to prevent injuries or damages of any nature to
persons or to the property of others during the prosecution of this said contract. .
Contractor shall prevent the construction site from being contaminated with any
substance in quantities or under circumstances prohibited by environmental
protection laws of the United States or the State of Georgia. Contractor shall be
responsible to Owner if, at any time, state and federal authorities make a claim
or demand against the Owner on account of contamination of the site caused or
allowed by Contractor or any of its forces or subcontractors.
SC-6.30.3
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Add a new paragraph immediately after paragraph SC-6.30.2.8 of the General Conditions which is
to read as follows:
SC-6.30.3 Guarantee: The Contractor shall guarantee all work performed under this contract
against defective workmanship or materials, and shall replace all such defective
work, materials or equipment furnished by the Contractor, for a period of one
year from the date of final acceptance of the work, unless a longer period is
otherwise provided for within the contract documents.
SC-6.31.1
Add a new paragraph immediately after paragraph SC-6.31 of the General Conditions which is to
read as follows:
SC-6.31.1 Mutual Responsibility of ~ontractors: If, through acts of neglect on the part of
the Contractor, any other Contractor, or allY subcontractor shall suffer loss or
damage on the work, the Contractor agrees to settle with such other Contractor
or subcontractor will so settle. If such other Contractor or subcontractor shall
assert any claims against the Owner on account of any damage alleged to have .
been so sustained, the Owner shall notify the Contractor, who shall indemnify
and save harmless the Owner against any such claim.
SC-9.3.1
Add new paragraphs immediately after paragraph SC-9.3 of the General Conditions which is to read
as follows:
SC-9.3.1 Inspection:
(a) Authority and Duties of Inspector: Inspectors shall be authorized to inspect all work
done and all materials furnished. The Inspector shall not be authorized to alter or waive
any requirement of the Specifications. He shall call the attention of the Contractor to any
failure of the work or materials furnished to conform to the Specifications and Contract
He may reject materials or suspend the work until any question at issue can be referred
to and decided by the Engineer.
(b) Inspection of Work and Materials: The Contractor shall furnish the Engineer with every
reasonable facility for ascertaining whether or not the work performed and materials
furnished are in accordance with the requirements and intent of the Plans, Specifications
and Contract. No work shall be done or materials used without suitable supervision or
inspection by the Engineer or his representative. Failure to reject any defective work or
materials shall not in any way prevent later rejection when such defect is discovered, or
obligate the Owner to final acceptance.
All materials furnished and work done when not in accordance with the Specifications and
Contract, will be rejected and shall immediately be removed and other work done and
materials furnished in accordance therewith. If the Contractor fails to remove the work and
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materials as above ordered, within forty-eight hours, then the Engineer shall have the right and
authority to stop the Contractor and his work at once and to supply men and material to
remove the rejected material or work, and replace same in accordance with Specifications, at
the cost and expense of the Contractor.
(c) Defective Work and Material: The inspection of the work shall not relieve the Contractor
of any of his obligations to fulfill his contract and defective work shall be made good,
notwithstanding that such work and materials have been previously inspected by the
Engineer and accepted or estimated for payment. The failure of the Engineer to condemn
improper materials or workmanship shall not be considered as a waiver of any defect
which may be discovered later, or as preventing the Owner at any time subsequently
from recovering damages for work actually defective. All work shall be guaranteed
against defects in workmanship for a period of one year, and all materials furnished by
the Contractor shall be guaranteed for a period of one year. This guarantee of work shall
be in addition to and not in limitation of any other guaranty, warranty or remedy arising
by law or elsewhere in the contract documents.
SC-9.4.1
Add a new paragraph immediately after paragraph SC-9.4 of the General Conditions which is to read
as follows:
SC-9.4.1
Corrections: Should any portions of the Contract Drawings and Specifications
be obscure or in dispute, they shall be referred to the Engineer and he shall
decide as to the true. meaning and intent. He shall also have the right to correct
any errors or omissions at any time when such corrections are necessary for the
proper fulfillment of said Plans and Specifications.
It shall be the Contractor's responsibility to timely advise the Owner or Owner's
representative of any questions concerning or defects with the drawings or
specifications, or of any other conditions or circumstances which the Contractor
believes the Owner has the responsibility to correct or change.
SC-9.11
Amend the 6th sentence of paragraph SC-9.11 of the General Conditions to read as follows:
SC-9.11 ENGINEER's written decision on such claim, dispute or other matter will be final and
binding upon OWNER and CONTRACTOR
SC-ll.2
Amend 2nd sentence of paragraph SC-ll.2 to read as follows: .
SC-ll.2 The Contract Price may only be changed by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party and to ENGINEER
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promptly (but in no event later than ten days) after the start of the occurrence or 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 the start of
such occurrence or event (unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the adjustment claimed covers all
known amount to which the claimant is entitled as a result of said occurrence or 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.
SC-ll.9.4
Add a new paragraph immediately after paragraph SC-ll. 9.3 of the General Conditions which is to
read as follows:
SC-I1.9.4 The OWNER reserves the right to add to or eliminate from the contract an
amount of work equal to twenty five (25%) percent of the contract amount, at
the unit prices bid in the ProposaL
SC-12.1
Amend 2nd sentence of paragraph SC-12.1 of the General Conditions to read as follows:
SC-12.1 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 ten days) after the occurrence of the event giving rise
to the claim and stating the general nature of the claim..
SC-14.15.2.1
Add a new paragraph immediately after paragraph SC-14.1S.2 of the General Conditions which is
to read as follows:
SC-14.15.2.1 Evidence of Payment by the Contractor: The Contractor shall furnish
the Owner, whenever requested, with satisfactory evidence that all
persons who have done work, or furnished materials under this
agreement have been duly paid or satisfactorily secured. In case such
evidence is not furnished as aforesaid, such amount as may be
necessary to meet the claim of such unsatisfied person may be retained
from monies due the Contractor under this contract, until the liabilities
aforesaid shall be fully discharged.
SC-17.6
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Add a new paragraph immediately after paragraph SC-17. 5 of the General Conditions which is to
read as follows:
SC-17.6 Assignments: The Contractor shall not assign the whole or any part of this contract or
any monies due or to become due hereunder without written consent of the Owner. In
case the Contractor assigns all or any part of any monies due or to become due under this
Contract, the instrument of assignment shall contain a clause substantially to the effect
that it is agreed that the right of the assignee in and to any monies due or to become due
to the Contractor shall be subject to prior liens of all persons, firms and corporations for
services rendered or materials supplied for the performance of the work called for in this
contract.
SC-17.7
Add a new paragraph immediately after paragraph SC-17. 6 of the Supplemental Conditions which
is to read as follows:
SC-17.7 Delays - Damages:
(a) If the Contractor refuses or fails to prosecute the work or any separable part thereof, with
such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to complete said work within such time, the Owner may, by written
. notice to the Contractor, terminate his right to proceed with the work or such part of the
work as to which there has been delay. In such event, the Owner may take over the work
and prosecute the same to completion, by contact or otherwise, and the Contractor and
his sureties shall be liable to the Owner for any excess cost, loss of use of the project, or
other damages associated with the delay, occasioned the Owner thereby. If the
Contractor's right to proceed is tenninated, the Owner may take possession of and utilize
in completing the work such materials, appliances, and plant as maybe on the site of the
work and necessary therefor. If the Owner does not terminate the right of the Contractor
to proceed, the Contractor shall continue the work, in which event the actual damages
for the delay will be impossible to determine and in lieu thereof the Contractor shall pay
to the Owner as fixed, agreed, and liquidated damages for each calendar day of delay
until the work is completed or accepted the amount as set forth in this section and the
Contractor and his sureties shall be liable for the amount thereof provided: If the
Contractor is delayed at any time in the progress of the work by any act or neglect of the
Owner or the Engineer, or by an employee of either, or by any separate contractor
employed by the Owner, or by changes ordered in the work, or by labor disputes, fire,
unusual delay in transportation, adverse weather conditions not reasonably anticipatable,
unavoidable casualties, or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Or by any other cause which the Engineer determines may
justify the delay, then the time for completion shall be extended by change order for such
reasonable time as the Engineer may determine. Any claim for extension of time shall
be made in writing by the Contractor to the Engineer not more than ten days after the
commencement of the delay; otherwise, it shall be waived. In the case of a continuing
delay only one claim is necessary. The Contractor shall provide in its notice an
explanation for the delay and the probable effect of the delay on the progress of the
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work. Any extension of time to the Contractor pursuant to this paragraph of the contract
shall be the sole remedy to Contractor for any such delay, suspension, interruption or
effect thereof
(b) Where actual damages for any delay in completion contemplated by this section are
impossible of determination by reason of the Owner's election under said sections not
to terminate the right of the Contractor to proceed, the Contractor and his sureties shall
be liable for and shall pay to the Owner the sum ~f $400 as fixed, agreed and liquidated
damages for each calendar day of such delay until the work is completed or accepted.
Provided. That the Owner may accept the work if there has been such a degree of completion
as will, in its opinion, make the project reasonably safe, fit, and convenient for the use and
accommodation for which it was intended. In such case, the Contractor shall not be charged with
liquidated damages, but the Owner may assess the actual damages caused by such delay.
SC-17.8
Add a new paragraph immediately after paragraph SC-17. 7 of the Supplemental Conditions which
is to read as follows:
SC-17.8 Time for Completion: The work shall be commenced at the time stated in the notice to
. the Contractor to proceed and shall be completed within the time specified in the Article
of Agreement, or Construction Agreement; except as otherwise provided in these
documents for extension of the time itself.
SC-17.9
Add a new paragraph immediately after paragraph 17.8 of the Supplemental Conditions which is to
read as follows:
SC-17.9 Notice and Service Thereof:
(a) All notices, demands, requests, instructions, approvals and claims shall be in writing.
(b) Any notice to or demand upon the Contractor shall be sufficiently given if delivered at
the office of the Contractor specified in the Bid (or at each other office as the Contractor
may from time to time designate to the Owner in writing), or if deposited in the United
States mail in a sealed, postage-prepaid envelope, or delivered, with charges prepaid, to
any telegraph company for transmission, in each case addressed to such office.
( c) All papers required to be delivered to the Owner shall, unless otherwise specified in
writing to the Contractor, be delivered to the Commissioners and any notice to or
demand upon the Owner shall be sufficiently given if delivered to the office of said
Commissioners or if deposited in the United States mail in a sealed, postage-paid
envelope, or delivered with charges prepaid to any telegraph company for transmission,
in each case addressed to said Commissioners or to ~uch representative of the Owner- or
to such other address as the Owner may subsequently specify in writing to the Contractor
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for such purposes.
(d) Any such notice or demand shall be deemed to have been given or made as of the time
of actual delivery or (in the case of mailing) when the same should have been received
in due course of post of (in the case of telegrams) at the time of actual receipt, as the case
may be. .
SC-17.10
Add a new paragraph immediately after paragraph SC-17.9 of the Supplemental Conditions which
is to read as follows:
SC-17.10 Payments by Contractor: The Contractor shall pay (a) for all transportation and utility
services not later than the 20th day of the calendar month following that in which such
services are rendered, (b) for all materials, tools and other expendable equipment to the
extent of90 percent of the cost thereof, not later than' the 20th day of the calendar month
following that in which such materials, tools and equipment are incorporated or used,
and (c) to each of his subcontractors not later than the 5th day following the payment to
the Contractor, the respective amounts allowed the Contractor on account of the work
performed by his subcontractors to the extent of each subcontractor's interest therein.
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SPECIAL PROVISIONS
SP-l Notifications:
Before commencing any construction, the CONTRACTOR shall notify the Director of the
Augusta-Richmond Utilities Department a minimum of 48 hours prior to planned
construction. Timing of the actual connections and tie-ins to the existing mains shall be at the
discretion of the Director and depending on weather conditions at the time. No valve shall
be operated, no taps made nor any connection made to existing water mains by the
CONTRACTOR or his representative without an authorized employee of the Water and
Sewer System being present.
SP-2 Existing Underground Utilities and Structures:
The CONTRACTOR shall be responsible for contacting all underground utility companies
for locations prior to starting the project. Any damage to utilities shall be at the
CONTRACTOR's expense.' The drawings indicate general locations of existing
improvements and utilities solely for the purpose of general identification and representation.
SP-3 Clean-Up:
Work within project area and any off site temporary facility associated with the project shall :
be cleaned sufficiently on a daily basis to produce a neat appearance.
SP-4 Soil Erosion and Sediment Control:
The CONTRACTOR shall implement best management practices on a daily basis 10
compliance with State and Federal regulations, the drawings, and specifications.
SP-5 Project Limits:
Water line construction shall be installed within the indicated right-of-way and easements.
Furthermore, existing fence lines and tree lines located within the project right-of-way shall
be left undisturbed as is physically possible. Disturbed fences shall be restored on a daily basis
to maintain security of the adjacent property and ultimately restored to its existing condition.
Tree roots and branches, if damaged, shall receive treatment by neat pruning of damaged
branches and roots and application of tree paint. Individual trees within right-of-way may be
removed upon prior approval of ENGINEER. Trees. damaged through negligence or
removed without prior approval shall be replaced at the CONTRACTOR's expense.
SP-6 Traffic Control:
The CONTRACTOR shall provide adequate traffic control within public rights-of-way as
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required by Georgia D.O.T. and Augusta-Richmond County. Blockage of traffic on any
roadway for more than a thirty minute period shall require written permission from the public
authority. Prior to the end of each work day, all trench excavation shall be completely
backfilled and compacted in accordance with specifications and roadway shoulders shall be
finished graded to original lines and shape and left in a clean condition free of construction
debris. Work should be scheduled such as to minimize' interruption of access to private
properties and if necessary to provide suitable temporary access over or around the
CONTRACTOR's work. On a daily basis the CONTRACTOR shall inspect and maintain all
previously completed work related to safety and maintaining passibility of driveway entrances,
roadway intersections and roadway shoulders. The CONTRACTOR shall be responsible for
any cost incurred by the OWNER for the CONTRACTOR's failure to comply with any of the
above provisions.
SP-7 Compaction:
Compaction testing shall be provided by OWNER. Costs to the OWNER due to re-testing
related to noncompliance with compaction specifications shall be at the CONTRACTOR's
expense.
SP-8 Schedule
Based on a Notice to Proceed date of April 28, 1997, water main construction along Maddox'
Road, from Sta. 0+00 to Sta. 18+50 including the 6" water main crossing at Sta. 15+00, shall
be substantially complete by May 30, 1997.
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THE AMER'CAN~INST'TUTf.. O'F 'ARCHITECTS
}
labor and Material Payment Bond
THIS 10ND IS IssurD SIMULTANrOUSLV WITH ,rUORMANcr 10ND IN 'AVOR 0' THI
OWNER CONDITIONED ON TH[ FULL AND fAITHfUL PERfORMA>-;CE Of THE CONTRACT
KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc.
IHefC .n\tll 1",,11 ,."m, t"'U H/d',,\ 01 Itl,l Idle 0' COI'IIlHIOlj
PO Box_770, Evans, Georgia 30809
as Principal, hereinafter called Principal, and, American Casualty Company of Reading I
IHe" In\flt 1..,11 n.,nt .nd .ddfn, 01 le,.1 tllle of ~\,j'f\"1
Pennsylvania, CNA Plaza, Chicago, Ill. 60685
, , .
.. Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County
IHc" ,nlell Ivll nlm, Ind IddlCII 01 1"11 loll, 01 OwnC"
Commission, 530 Greene. St./Municipal Building, Augusta, GA 30911
as Obligee. hereinafter called Owner. (or the use and benefit of claimants "s hereinbelow ddined. in the
Two Hundred Fifty-Four Thousand Six Hundred
amount of. Ninety-Eight and 75/100s j
(HI" h".n I IUIII .qU"10 Ill.,.. o",.h,II 0' 'he CO"IrHl p,letl Dollars ($ 254,698.75 ),
for the payment whereof Principal and Surety bind themselves. lheir heirs. executors. administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated .May 16,
CHert 1"'tI' full /\'''',. Iddrtll I/\d dflcrlpllo/\ 01 plolecl)
19 97, entered into a contract wIth Owner for
Maddox Road and Flowing Wells Road Water
In accordance with Drawings and Speclncatlons prepared by
Associates,P.C.~ PO Box 2103, Augusta,' GA
30903
Line Extension
~ohnson, Laschober &
IHr" ,nit II Ivll n.~m, Ind Idd'lIl o;i,,'1 1111, 01 A'C~'IC(II
,',.
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which contract .Is by reference made a part hereof,. and. Is. he'rein.a'her referred to as the Contract
AlA DOCUMENT A311 ' P[RFORMM':CE BONO AND tABOR AND MA~(R1AL PAY.V.!NT BONO . AlA i!l
fl8llUARY 'C)~o EO.' THE AM[RI(M': INSTITUll Of .\RCHIT[CTS. '17), N V AvE" N Vi Vi^',""'Cl()N 0 ( i:'00&
WARNING: UnlklenMcl phcMoopylng Ylolet" U.S. COP'frlllht ,_ and I, lublKllO I~.I pl'OMCullol1,
';
-'tABOR AND MATERIAL PAYMENT BOND
i_
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NOW. T1t(llUClIl(, TH[ CONDITION Of THIS OBl.IC^TION 'is such Ih~l. if P;incipOII shOlll.. promptly rr\OIk~ r>,)ym~nl 10 ~II
claim~nlS .II herein,)(ler d.~(ined, for all labor and m.lleri;d used or rcalonably required rnr u1e ;n Ihe pe'rfo(mJn~~ o( rhe
(onlrH'I, IIlen Ihis obligalion sh..II b~ void; olherwise il shall remain in full (orce Jnd eHecl. lubjecl, however, /0 Ihe 101.
lowjn~ condiliOn5: '.
1. ^ c1OlimOlnl Is defined IS one having II direcl con.
Iract wilh Ihe Principal or with a Subconlraclor of lhe
Princip~1 (or I,)oor. material. or bOlh, used or reason,)bly
required 101 IJle in the performance' o( the (onllacl.
'~bol ~nd mJI~'riJ' beinll conSlrued 10 include 11'1.11 pari of
waler. SH. powel. liShl. he~l. oil. Ruoline. Ic"'rhone
service 'If renlJI 0/ cquipmenr direclly ~ppl!CJble 10 Ihe
(onllHI.
2. Th~ ,)bov~ n.Jm~cJ Principal and Surely her('oy
loinlly anu Icverally agree wilh Ih~ Ownc:r Ihal ev/;ry
clJimanl .II hercin defined, who holS nOI been raici in
lull belolc Ihe expilalion of a p~riod of nint'ly (90)
dayl .,/lel IIle ualC on which rhe I~Sl o( Hlch cl.lim.ll1l'\
\Vor~ 01 IJbol .....as donc or perlolmed, or m.ller;JII w('r('
IUlnished by such cl~imanl, mOly sue on lhis bond (or
Ihe u\e or luch ,I,)jm,)nl. pro~ecule Ihe luil to (inal
iudS'ment 101 such ~um or ~\lms ,)S mOly be juslly due
c1~im,)nl. anu have txe,"ulion rhereon. The Ownel shall
nOI be liable lor Ihe paymenr of any COlli or ex()e/ll(,s
of any such suit.
3. Nn suit or llclion Sholl! b" commenced hereundt'r
by a~y claimant:
J) Unless ,I,)jln~nl, olher Ih.1n tIne hOlving ol direct
con",)CI wirh rh~ Principal, sh,lIl hOlv~ given wrillen
nOlice 10 tiny IwO o( the (ollowing: Ihe Principal. Ihe
Own,l. 01 the Surely tlbove named, within ninely (90)
d,)ys ,)(Ier IUl'h clolim,)nl did or performed the: lasl o(
the .....olk or I~hor, or furnished Ihe I~SI of the malerials
for 'which SOlid claim is m,)d~, sl~lins wilh lubslanli~1
Signed ~nd sc~led this
20th
day or
<g;Z~ ~ t~//...
L..ooo"" ,
. Wj'nl'1~)
~
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'711!3/l-AI_rY~ A ~ --fJ\,
(WI/nI"
I
accuracy Ihe ,)mounl c1~imed ,)nd ,h~ ntlme of lh~ pHly
10 whom Ihe m~le,iall wr.rr l\unilhecJ. o( (or whom
Ihe work o{ I~bo( WJS don\' Of ('Ier(olm('rl Such nOlice
Ihall be ser\'e'd by m~ilinb ,lie I.lme' by (('S'll~red mail
or c~rli(ied m~ili pOllase (Jr('(JJid. in an ,'nv~lop~ ad.
dr~\Sed 10 Ihe Principal. O""nel or SurCI'f. JI any place
where an ol(ice i~ r~bula,ly mainlained lo( the Iran~.
aelion of bu~ine~I, or ~er"cd in Jny. manner in which
ItS~f process m~y be serv~d in Ihe ".lIe In which Ih~
aforesaid proj~CI is loealed. lave 11'1." \Veil lervic~ need
nOI be made by ~ public 0(['(('1
bl ^(Icr Ihe expirJI10n of nn(' (1) yC'J' 1,111()w,ng Ihe
dale on which PrinCl('lJI C('.lll.e! Work on I.IIU Con/tHI,
it \,)cinb undefllood. hOwev,'r. ,IIJI ,( Jnr 1,"l/IJllon em.
bodied in Ihi~ bond il ('lr()",b.ICd hy any I.IW con/toll,ng
I he conI I rll CI ion he reof 1\1 C II I, m 1\ J t ion ,11.\ II /J (' r1 e em e d
10 be amenJcu so J~ 10 be \,'p,.ll In the m,I\,'"um (Jeriod
of limil.1Iion permilter1 Uy IU\ II l,lW.
c) Olher Ih~n in a Slale COll(1 (ll compel\,i\1 jUllldiCllon
in ~nd for Ihe counly or olhL'1 poliliol lulJd,yi~jon of
Ihe mle in which Ihe Plolecl. or any pm thereof. is
silualed. or in Ihe Uniled Slales OiwiCl (ouII (or Ihe'
diliricl in which Ihe Project. or any p,)rl thereof, is ~il.
ualed. .lnd nOI elsewhere.
4. The amount of Ihi\ hone.! II'JII bt' Ic.c1uced by anc1
10 Illl' exlenl o( dny paymCf11 ()( (laym('l\l\ "'Je!e ,n ~ood
lailh hereunder. inclu~ive 01 the paymCl\1 by Surely 01
mech~nics' liens which moly be (iled of (('cord ag~inlt
SJid improvement, whether or nol clJim for the amount
o( such lien be presenled under and ~8~if1\1 thil bond.
May
19 97
Blair Construction, Inc.
/1'1;nciflJI/
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American
Readi ng;..
Casualty Company
Pennsylvan~a
fSUfl"Y}
of
&du~
Buck Lei~h .'
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A t t~r;ney?. Lr{..."F'C\c t ~
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AlA OOCUMPIIT .10)11 . /'O/fOllMANCr DON'" AND IA/I()~ ANn "'IAH~IAl "AYM[NT AflNO'. ^'^ (!l>
((U~UA~Y 1~'IJ ll).. TH[ AM[RI(.'AN INSTITUT[ ur AK(.'HI!lCl\l}l\ N.Y. ^v(. N.W. W^Sr1INI.I()N. I) ( '''0/,
r -.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
.'
Know All Men By These Presents, That CONTINENTAL CASUAL TV COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUAL TV COMPANY OF R-EADING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint
James D. Thaxton, Theodore J. Marek, 'Buck Leigh, G.A. Weathersby. Individually
of Columbia, South Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 21 st day of January , ~
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~1}L-
M.C. Vonnahme
Group Vice President
S1ate of Illinois, County of Cook, ss:
On this 21 st day of January , ~,before me personally came
M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien ,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUAL TV COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporationS.
~~~1'P.~~
Iii ~~~ ...
S/C..'~ l.~ 1. p~
(Rev.7/14195)
My Commission Expires June 5,2000
CERTIFICATE
Eileen T. Pachuta
Notary Public
/{rA-F9
Robert E. Ayo
Assistant Secretary
.. ~
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sUo!~nlosa~ p~e sMe,-Ae 6U!ZIJOlUnV
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PAYMENT BOND
STATE OF GEORGIA )
) ss:
COUNTY OF RICHMOND )
KNOW ALL MEN BY THESE PRESENTS, That
, (hereafter referred to as the "Contractor"), as principal
and
hereafter referred to as "surety", and held and firmly bound unto Richmond County, a political
subdivision of Georgia (hereinafter called the "Owner") in the sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, or heirs, personal representatives, successors and
assigns, jointly and severally, firmly by these present.
WHEREAS, the Contractor has entered into a certain contract with the Owner, dated.
, 19 (hereinafter called the "Contract") for
NOW THEREFORE, if the Contractor shall promptly make payments to all persons,
firms, subcontractors, and corporations furnishing materials for performing labor in the
prosecution of the work provided for in the 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, however, that this bond is subject to the following conditions and
limitations.
(a) Any person, firm, subcontractor or corporation that has furnished labor, materials or
supplies for or in the prosecution of the work provided for in the Contract shall have a direct
right of action which shall be asserted in a proceeding, institute"d in the County in which the
work provided for il1 the contract is to be performed or in any County in which the Contractor or
Surety does business. Such right of action shall be asserted in a proceeding instituted in the name
of the claimant or claimants or for their use and benefit against the Contractor and Surety or
either of them (but not later than one year after the final settlement of said Contract) in which
action such claim or claims shall be adjudicated and judgment rendered thereon.
(b) The Contractor and Surety hereby designate and appoint the Owner as the agent of
each of them to receive and accept service of process or other pleading issued or filed in any
proceeding instituted on this bond and hereby consent that such service shall be the same as
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personal service on the Contractor and/or Surety.
(c) This bond is given pursuant to the term of Section 13 10-1 of the Official Code of
Georgia Annotated, as now or hereafter amended, and all the provisions of law with reference to
this character of bond as set forth in said section or as may hereinafter be enacted are hereby
made a part hereof to the same extent as is set out herein in full.
IN WITNESS WHEREOF the Contractor the Surety have caused this bond to be executed by
their duly authorized officers, under seal, on this day of , 19
APPROVED AS TO FORM:
By:
County Attorney
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THE AMERICAN INSTITUTE' OF ARCHITECTS '
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158 709 275
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AlA Document AJ11
Performance Bond
KNOW All MEN BY THESE PRESENTS: that Blair Construction, !nc.
IHtff In\(ll 11.111 l"I,m, .nd H)O',,, 0' Irl.1 1111, 01 COf'lIlHIOI;
PO Box 770, Evans, Georgia 30809
-
..
al Princ:lpa1, herelnaftf!r called Contractor, and, ~mer i ca n Ca ~~,~ ~~XI"lf,~~'~~~.t;;,t\?o~ \'~I~.~,dJ~~'~l:
Pennsylvania, CNA Plaza, Chicago, Ill. 60685
~s Surety, hereinafter called Surety, are held and firmly bound unto AU9usta-Richmond County
. (Hr/, l"\ffl 11,111 f'I.,""", t"cf .6<1',,, 0' 1'1.1 1111, 01 0........,,1
Commission, 530 Greene St./Municipal Building, Augusta, GA 30911
IS Obligee, hereinafter cllled Owner, In the amount of
Two Hundred Fifty-Four Thousand
Six Hundred Ninety-Eight and 75/1 OOs----------- Dolllrs ($ 254,698.75 ),
for the payment whereof Contrlctor and Surety bind themselves. their heirs, executors. administrators.
successors and assigns, jointly and severally, firmly by lhe~e pre~enl~.
WHEREAS,
Contractor hit by written asreem.nt dated May 16,
1M". 1'""1 filII ,."". .dd,,,, .,d d,,(/Ipllci, of ,'oj,ell
'997 , entered Into I contrlct with Owner for
Maddox Road and Flowing Wells Road Water Line Extension
In accordanee with Drawings and Specifications prepared by Johnson, Laschober &
Assoc i a tes, P. C., PO Box 2103, Augusta,. GA 1M... ,nll<l ,"" '.m, Ind Idd't\. 01 ;,., 1.1/, 01 ""n"r<'.
30903 'i';' ~
wtilch contract Is .by reference made a- part hereof, and is hereinafter referred to as the Contract
Cis by ~ 1:2. ~~.~ G.Aresident agent
-'1-' DOCUMPo/T -'311 ' PIRrOR"'''N(( 8()NO "NO l"BOR ^Nn "1"HRIAl PAYMINl Bn"l.) . AlA ~
I'IBRUARv 1~-O (0. lH( ^M(~IC"'''J I"'SlllUT( Of ^RCHlllCl,. " I'" v ^\'I . N W """\."'\.1' ,'< 0 C ir:xNi>
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PERfORMANCE t)ONU
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NOW, 1Hfu'Oitr., TMf CONDITION OF THIS OBllCATION is such 11'1.1. if ConlUClor \n~11 I'lrl'lmplly ~nd .r~l'nrully p~rlOlm
uid Conlr~CI.'lnen lnis oblig~lion sh~11 be null ~nd VOId' olh~rw'\r 01 ,hJ'11 'rmJ'" ." 'u'l I"." .."0 ,.I(r"
'n\, Surety hereby WIlylS notice of any all.ralion or
exltMion 01 time m~de by Ihe Owner. '
When eyer Con'rI(tor ,h.1I b., .nd d.cl.,.,d by Owner
10 b. in d,l~ull und,r Ihe ContrHI. the OWrlerhavlng
performed Owner's oblig.tions tnereunder, Ihe Surely
m.y prOmplly remedy Ine def.ult, or sn.11 promplly
11 Complete the Conlrlct In accord.nce wiln its "rm\
.nd condiliont, or
2) Obtain a bid or bid, (or completins the Conlr.Cl In
accordance with lIs lerms .nd condilions, ~nd upon de.
I"minatio" by Surely of Ihe lowesl responsiblt b,dder.
or, if Ihe Owner eleClt, upon determin.lion by the
Own" and Ihe Surely jointly of the loweu respoM,b1t
bidd.r, ~rtlnle lor ~ conlr.cl belwun such bidder ~nd
Own.r, and male, aY~il.ble u Worle progreHe\ leven
Ihou,h Ihere should be . def.ull or . succe\\ion of
Slped and It.led this
20th
tiC 4-<,--;t~ &;;t~/ tL
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'IV' Ct./Ut.A.- ~ R ~~. -RJ
'- 0 IWilnl'))'O
defaults under Ihe Cbn'r4C1 l'll en,,'r,," nl comf'llellOn
a"~ngl'd unc1rr Ih'l U"'J~'.\U." .,,1(., .r'" 1\1,,<1, "\ DJY ''''~
Cosl of complellon Ie's I~'I\' h"I~nl~ I'll Ihe Cl'lnllH I plll't
bul nol txct~d,n~. ,,,(Iurlln!.: lllt\('1 (1\111 .,nri u~m.q.:r'
101 ~nl(h lhe' ')Uf('lv rnJ\ III- 1'.11)1,' ""'r/\,'\/I\(1\'1 It\I' .Imllv,....~
\tl IOllt, ,,, Iht I.", \I,I'''\..:IJI)h 111""'" It'I'II'ln\ 11.1J"(l
01 tnt (.onl'~('.l pI". C J\ U\f'lO II' Ih., PJ'.q.:'oJ~" ,hldi
me~n Ihe IUI~1 ~mounl n~Y4hlr by ()Wnf','lll r'I't'lI'HIO'
und~I the (I'lnl'I(1 Jnd JnV .,mrndm('''I\ ,II"/l'II. IpI'
Ine .mounl proptrly p..d by Owntl 10 (o.nll.!( lOr
Any SUI' unClE" I t'" , ho"d mv,1 b~ "H'oIUIt'd ht'lo'~
Ihl' expll~I'On 01 IwO 'II -I'd" 1,(\", Ihr c.J."r on wh,(/"
r,n~1 p~vmtnl undE" 'he (O""j,' '."" dvo
NO Iq~nl 01 dCIIlln IhJl1 _( ('Il" ,,/0 Ih" '1""r1 III u' fO'
'ht V\t of lI"V Dt'\ll" n' 1(\'OIII,JI'II'\ (,tko." t~J'\ thr
Ow r\(1t r"\ ~ m t d ~ t f r I 1"\ f \I 1 ~ II I ,or' . , t"' 1 (. { V I (l , \ .. d r'I"'\. d" , \
IrJlo'\ 01 \u((P\\O'1 01 Ihe ()~".'
d.y of
May
1997
Blair Construction, Inc.
I ~l '/1~""I"I'I/O' J ~,r ~...\':~-~
, 1M /J .:.". , ~ /-
. / /,I/-{ / J1/ :', .~ 7 -" -;,
("".. Vlc...E:- jJ . _ ~~1:::i.~-:
American Casualty Company~~t ~ ~.
Reading, Pennsylvania ~ .
1 &u~ f-t,L~
. BUCK. La i gh (,I'
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AlA DOC\)M'''''T 4"1 . rrRrORMANcr BOND ''''''0 lA8C\R AND MAHRIAI PAY""!N! 8()NrI
r r ~ l( U ^ n \ ~ ~ II II) . 1 H I A....I ~ I ( ^ N I N ~ 111 U II i \I ^ R ( 'II 1l <.. I' ",', N V ... vi """" ".. . '" , .., "
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PERFORMANCE BOND
ST ATE OF GEORGIA )
) ss:
COUNTY OF RICHMOND )
KNOW ALL MEN BY THESE PRESENTS, THAT
(hereinafter referred to as the "Contractor") as principal, and
hereafter referred to as the "surety", do hereby acknowledge ourselves indebted and firmly bound
and held unto Richmond County, a political subdivision of Georgia (herein called the "Owner"), for
the use and benefit of those entitled thereto, in the sum of
Dollars ( ) for the payment of which well and truly
to be made, in lawful money of the United States, we do hereby bind ourselves, successors,Uassigns,
heirs and personal representatives.
BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS TillS:
WHEREAS, the Owner has engaged the Contractor for the sum of
Dollars ( ) to' construct
as more fully appears in a written agreement or contract bearing date of ,
19 _ ' a copy of.which agreement or contract is by reference hereby made a part hereof, and it
is the desire of the Owner that the Contractor shall assure all undertakings under said agreement or
contract.
NOW THEREFORE, if the Contractor shall fully and faithfully perform all the undertaking
and obligations under the agreement or contract hereinbefore referred to and shall fully indemnify
and save harmless the Owner from all costs and damage whatsoever which it may suffer by reason
of any failure on the part of the Contractor so to do, and shall fully reimburse and repay the Owner
any and all outlay and expense which it may incur in making good any such default, and shall
guarantee all materials and workmanship against defects for a period of one year, then this
obligation or bond shall be null and void, otherwise to remain in full force and effect.
And, for value received it is hereby stipulated and agreed that no change, extension of time,
alteration or addition to the terms of the said agreement or contract or in the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect the obligations
under this bond, and notice is hereby waived of any such change, extension of time, alteration or
addition to the terms of the said agreement or contract or to the work to be performed thereafter or
to the specifications accompanying same.
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This bond is given pursuant to the terms of Section 13-10-1 of the Official Code of Georgia
Annotated, as now or hereafter amended, and all the provisions of law with reference to this bond
as set forth in said section or as may be hereinafter enacted are hereby made a part hereof to the
same extent as is set out herein in fulL
IN WITNESS WHEREOF the Contractor and the Surety have caused this bond to be
executed by their duly authorized officers, under seal on this day of
, 19_
Signed, sealed and delivered
in the pre.sence of:
L
(Contractor)
2.
(As to Contractor)
By:
Title:
L
(Surety)
2.
(As to Surety)
By:
Title: APPROVED AS TO FORM:
By:
County Attorney
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NOTICE OF AWARD
TO:
PROJECT Description:
Maddox Road and Flowing Wells Road Water Line Extension; County
Project No. U97.00 I. Project includes approximately 2,700 L.F. of 10" DIP
water main and 7,000 L.F. of 12" water main
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated , 19
You are hereby notified that your BID has been accepted in the amount of
$
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance
within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from
the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the
OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
OWNER.
Dated this
day of
, 19
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
by
this the
day of
, 19
By
Title
flLE' K"C~O I 'ADM IS'SPE< 'S',N)2.~.~ 1.llll8
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NOTICE TO PROCEED
TO:
DATE:
You are hereby notified to commence WORK in accordance with the Agreement dated _
, on or before , and you are to complete the WORK
within one hundred and twenty (120) consecutive calendar days thereafter. The date of completion
of all WORK is therefore
By
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by
this the
, 19
By
Title
Employer Identification
Number
. F11.F.'.lo.::q~; IOI>'Af)MIN\SPECS\601-~.~ I.STP
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CHANGE ORDER
No.
PROJECT: Maddox Road and Flowing Wells Road Water Line Extension DATE OF ISSUANCE:
OWNER: Augusta-Richmond County Board of Commissioners
CONTRACTOR:
ENGINEER: Johnson, Laschober & Assoc., P.C.
CONTRACT FOR: Maddo:\ Road and Flowing Wells Road Water Line E:\tension
ENGINEER's Project No.
42.70(
Y Oll arc directed to make the IllIlowing changes in the Contract Documents.
Description:
I Purpose of Change Order:
Attachments: (List documents supporting change)
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CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
$
Previous Change Orders No.
Net change from previous Change Orders
to No.
$
Contract Price prior to this Change Order
Contract Time Prior to this Change Order
$
Net Increase (decrease) of this Change Order
Order
Net Increase (dt.'Crease) of this Change
$
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
$
RECOMMENDED:
APPROVED:
APPROVED:
bv
bv
by
Contractor
Engineer
Owner
EJCDC NO. 1910-lU3
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CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMA nON
This document was developed to provide a unifonn tt)lmat It)r handling contract changes that al1i.:ct Contract Price or
Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent
Change Ordcr if they aftect Price or Timc.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of
accwnulating change order items to reduce thc administrativc burden may lead to unneccssary disputes.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time. a Field
Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the fOlm, including a description of the changes involved and attachments based upon docwnents and
proposals submitted by Contractor, or requests from Owner, or both. , .
Once Engineer has completed and signcd the fonn, all copies should be sent to Contractor for approval. After approval
by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies
after approval by Owner. .
If a change only applies to Plice or to time, cross out the p3l1 of the tabulation that does not apply.
EJCDC NO. \9\0-8.8
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APPLICATION FOR PAYMENT NO.
To
Augusta-Richmond County Board of Commissioners
(OWNER)
Contract for Maddox Road and Flowing Wells Road Water Line Extension Proiect No. U97.00 I
ENGINEER's Project No.
42.701
For Work accomplished tlu'ough the date of
ITEM CONTRACTOR's Schedule of Values Work Completed
Unit Price Quantitv Amount Quantity Amount
$ $ $
Total $ $
(Olig. Contract)
C.O. NO.1
C. O. No.2
I Accompanying Documentation:
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GROSS AMOUNT DUE ............. $
LESS % RETAINAGE ............. $
AMOUNT DUE TO DATE ........... . $
LESS PREVIOUS PAYMENTS ....... $
AMOUNT DUE nus APPLICATION.. $
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (I) all previous progress payments received from OWNER on account
of Work done under the Contract reterred to above have been applied to discharge in full all obligations of
CONTRACTOR incurred in connection with Work covered by plioI' Applications for Payment numbered I through
inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or
cover~d by this Application for Payment will pass to OWNER at time of pa)ment tree and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER).
Dated
Contractor
By
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated
JOHNSON LASCHOBER & ASSOCIATES P C
Engineer
By
EJene NO. 1910.8-E
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APPLICATION FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMATION
This standard form is intended as a guide only. Many projects require a much more e:\.1ensive form with space for
numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials
and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer
or Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retain age must be
changed if the Agreement permits (or the Law provides), and Contractor elects, the deposit of securities in lieu of retain
age. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General Conditions,
should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and
equipment is often listed separately from the cost of their installation. All Change Orders affecting the Contract Price
should be identified and include such supplemental Schedules of Values as required tor progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required
accompanying docwnentation is usually more extensive for final payment. All accompan~ing documentation should be
identified in the space provided on the form. .
C. ENGINEER'S REVIEW
Engineer must review all Applications for Payment with care to avoid recommending any payments not yet earned by
Contractor. All accompanying docwnentation of legal natm-e, such as lien waivers, should be reviewed by an attorney,
and Engin~r should so advise Owner.
EJCDC NO. 191O.8-E
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CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER's Project No. 42.701
Pr~iect. Maddox Road and Flowing Wells Road Water Line Extension
CONTRACTOR
Contract Date
Contract For
This Certilicate of Substantial Completion applies to all Work under the Contract Documents or to the following
specitied patts thereof:
To:
OWNER
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authOlized representatives of OWNER,
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
ElCDC NO. 1910.R-f)
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows: .
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
rdease of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents.
Executed by ENGINEER on
JOHNSON, LASCHOBER & ASSOCIATES, P.c.
ENGINEER
By
CONTRACTOR accepts this Certificate of Substantial Completion on
CONTRACTOR
By
OWNER accepts this Certificate of Substantial Completion on
OWNER
By
EleDC NO. 1910.8-D
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WAIVER OF LIEN
Contractor ( ) hereby indemnifies and agrees to save
Owner (Augusta-Richmond County Commissioners) harmless from all liens, or claims or rights
to enforce liens, against the property of Owner or the improvements to be erected thereon arising
out of any work to be performed or labor or materials to be furnished under this Agreement for the
project described as Maddox Road and Flowing Wells Road Water Line Extension, Project No.
U97.001. Neither final payment by Owner nor acceptance of the improvements erected hereunder
shall constitute a waiver of this indemnity, and if any such lien or claim for lien shall at any time be
filed, Contractor shall refund to Owner all moneys Owner may be compelled to pay in discharging
such lien including all costs and reasonable attorneys fees.
Contractor
DATE
NOT AR Y PUBLIC
DATE
FllE:K:\4270! \AOWJN\SPEC~\WAIVER,LEN
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SECTION 01 - EXCAVATION, TRENCHING AND BACKFILLING
1.0 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 is subject to the terms and conditions of the Contract.
2.0 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
of30".
C. Excavation for Walls and Footings: Excavation for walls and footings shall extend
a sufficient distance to allow for the placing and removal of forms, installations of
services and for inspection, except where the concrete wall or footings may be
authorized to be deposited directly against excavated surfaces.
Backfill with earth under structures will not be permitted and any unauthorized
excess excavation below the levels indicated for the foundation of such structures
shall be filled with crushed rock as specified below under Trench Excavation.
D. Trench Excavation: The banks of trenches shall be kept as nearly vertical as
practicable, where required, and shall be properly sheeted and braced. The width of
trenches at and below the level of the pipe shall provide a minimum of 6" and a
maximum of 12" clearance on each side of the bell of the 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 the
trench bottom has been graded. Bell holes shall be excavated only to an extent
sufficient to permit accurate work in the making of the joints and to insure that the
EXCA V A TlON, TRENCHING AND B^CKFILLING
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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 offour
inches and maximum of 12" below the normal required trench depth. The over depth
rock excavation and all excess trench excavations shall be backfilled with well-
graded crushed stone or crushed gravel meeting the requirements of ASTM 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
Engineer and the trench backfilled to trench bottom grade with crushed stone or
gravel as specified above.
E. 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, public
or private property, the surface or use of the streets by the public, or work completed
or In progress.
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.
, F. 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 County. 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.
EXCA VA TION, TRENCHING AND BACKFILLING
01 - 2
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G. Excess Material: Excess excavated material not suitable or required for backfill or
filling shall be wasted as directed by the Augusta-Richmond Utilities Department
Engineer.
H. Stockpiles: Excavated material to be used for backfill shall be stockpiled as directed
by the Augusta-Richmond Utilities Department Engineer. Excavated material shall
be deposited a sufficient distance from the side of the excavation wall to prevent
excessive surcharge on the wall.
L Blasting: Where blasting is necessary, it shall be done in accordance with local
ordinances by skilled operation 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.
3.0 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 Engineer.
The trenches above the pipe bedding zone 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 Engineer and consist of finely
divided material free from debris, organic material and stone and may be suitable job
excavated material or shall be provided by the Contractor from other sources. The backfill
shall be placed in uniform layers not exceeding 6" 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 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" 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" 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 ASTM D 698.
EXCA V AT/ON, TRENCHING AND BACKFILLING
01 - 3
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Any trenches that 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 Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling progresses.
Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by
the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the
opinion of the Augusta-Richmond Utilities Department Engineer, damage is liable to result
from withdrawing she.eting, the sheeting will be ordered to be left in place.
4.0 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 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 hereinb~fore 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 the type and location of 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".
C. Sidewalks: Same as concrete pavement except that the thickness shall be 4".
D. Asphalt Concrete: The patch shall consist of a 6" thickness of 3,000 psi concrete and
a surface course of 2" thickness of asphalt concrete. 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 Co~nty
Specifications, Type "C", shall then be constructed on the prepared base.
EXCA V A TION, TRENCHING AND BACKFILLING
01 - 4
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E. Concrete Curb and Gutter: Concrete 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': concrete. New pavement shall match existing
construction.
5.0 EXISTING nv1PROVEMENTS
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 any 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.
6.0 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.
7.0 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 Augusta-Richmond Utilities Department,
2760 Peach Orchard Road. .
~.(\ MEASUREMENT
A.
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.
~
EXCA V AnON, TRENCHING AND BACKFILLING
01 - 5
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B. Crushed Stone or Gravel: The quantity of crushed stone or gravel authorized by the
Augusta-Richmond Utilities Department Engineer 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.
C. Select material: Select material authorized by the Augusta-Richmond Utilities
Department Engineer to replace unsuitable material for backfilling excavations and
fill shall be measured on a cubic yard basis truck measure, complete installed and
accepted.
D. Pavement Replacement: Pavement replacement - 8" thick concrete pavement, 6"
thick concrete driveway pavement, 4" thick concrete sidewalk pavement will be
measured on a linear foot basis complete and accepted, except where shown on plans
or approved by the Augusta-Richmond Utilities Department Engineer. 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.
I. 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 Engineer, 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.
2. 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 the same as for curb and gutter.
9.0 PAYMENT
No separate payment will be made for excavation and backfilling; testing, refill 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 improv~ments 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.
EXCA V A nON, TRENCHING AND BACKFILLING
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SECTION 02 - CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
1.0 SCOPE
The work covered by this section of the specifications consists offurnishing 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. All Technical specifications are minimum. specifications on the
Plans govern if said Specifications meet or exceed those minimum specifications given in the
Technical Specifications of the Contract Documents. It may be inferred that the intent of the
Contract Document is to describe a functionally complete Project and, therefore, all
appurtenances, fittings, valves, etc., shall be commensurate with the specified pipe size and
pressure class rating, unless noted otherwise. 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 Engineer prior to beginning construction. Any installation made .
without written approval shall be removed at the Contractor's expense.
2.0 NOTIFICATION
Before commencing any water main construction, the Contractor shall notify the Augusta- .' .
Richmond Utilities Department at 2760 Peach Orchard Road, 796-5000. No valves shall be
operated by the contractor or his representative without an authorized employee of the
Augusta-Richmond Utilities Department being present
3.0 MATERIALS
3.1 Pipe & Fittings: Pipe for water mains shall be ductile iron (DI), polyvinyl chloride
(PVC), or galvanized steel as per the following specifications. Fittings for all pipe
shall be cast iron or ductile iron, mechanical joint, cement lined. Retainer glands,
where specified, shall be ductile iron. All materials shall be marked as per A WW A
Standards (with pressure class, net weight of pipe without lining, length of pipe
segment, name of manufacturer, etc.).
a. Iron Pipe: Ductile iron pipe and ductile or cast iron fittings shall be cement-
mortar lined with rubber gasket joints and shall be in accordance with the
following specifications, except where noted on plans:
Specifications
Description
AWWACI04
ANSI A21.4
Cement-mortar lining for ductile-iron
pipe and fittings for water.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
02 - 1
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AWWACllO
ANSI A21.1O
Ductile-iron and Gray-iron fittings, 3
inches through 49 inches for water and
other liquids.
AWWAClll
ANSI A21.11
Rubber-gasket joints for ductile-iron
pressure pipe and fittings
AWWACI15
ANSI A21.15
Flanged ductile-iron pipe with threaded
flanges
AWWA CI5I
ANSI A21.51
Ductile-iron pipe, centrifugally cast, for
water or other liquids
AWWAC153
ANSI A21.53
Ductile-iron compact fittings, 3 inches
through 16 inches for water and other
liquids
except as otherwise indicated on plans, minimum pressure class for ductile,
iron pipe, fittings, and appurtenances shall be as follows:
Pipe Size
(in)
Pressure Class
(psi)
3" - 12"
14" - 20"
24"
30" - 64"
350
250
200
150
b. Polyvinyl Chloride (PVC) Pipe (4" - 12"): Polyvinyl cWoride pipe shall be in
accordance with A WW A Standard C900, Polyvinyl CWoride (PVC) Pressure
Pipe, 4" - 12" for water, Class 200 (class of pipe subject to change due to
pressure rating in the job area with change to be approved by written notice
from the Augusta-Richmond Utilities Department), DR-14 with cast-iron pipe
equivalent OD's and elastomeric-gasket bell ends of the integral wall-
thickened type.
c. Polyvinyl CWoride (PVC) Pipe 1 W' - 3"): 1 W' through 3" shall be ring-tite,
Class 200. Fittings shall be same as specified for iron pipe.
d. Galvanized Steel Pipe (1 W' - 3 "): All galvanized steel pipe shall be American
made, Schedule 40 and shall conform with the ASTM Specifications for
galvanized steel pipe for water distribution.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
02 - 2
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3.2 Valves: Valves shall be iron body, bronze mounted, AWWA mechanical joint,
conventional or "Oil ring packing, approved non-rising stem gate valves. All gate
valves and tapping valves shall be OPEN RIGHT and all linings shall be in accordance
with AWWA Standard C550.
a. Resilient-Seated Gate Valves: Resilient-Seated Gate Valves shall be in
accordance with AWW A Standard C509, Resilient-Seated Gate Valves for
Water and Sewerage Systems.
b. Butterfly Valves: Butterfly valves (appropriate for 3" through 72" valves)
may be used only upon approval by the Engineer for valves 12" or larger and
shall be in accordance with A WW A Specification C, Rubber-sealed Butterfly
Valves (minimum Class 150B).
c. Valve Boxes: Each valve box shall be slip-type or adjust for a minimum cover
of 36" bury. Extension pieces will be required for additional depth over
valves. Covers shall have "W ATER" cast on top. Valves requiring special
boxes shall be either cast-in-place or precast concrete boxes in accordance
with approved plans. All equivalents and alternates shall be submitted to the
Engineer for approval. All boxes shall provide adequate drainage.
d. Pressure Reducing Valve: The pressure reducing valve shall maintain a pre-'
adjusted downstream pressure regardless of changes in flow rate. The valve
shall be a Ross 12" 40WR-CI-PR or approved equal.
The valve shall have an internal check and be equipped with dual pilots.
The pressure reducing valve shall reduce a high incoming pressure to a lower,
constant discharge pressure regardless of variations in flow rate or changes in
upstream pressure.
The valve shall be ruggedly constructed with a size 12 inch, 250 lb. flanged,
full ported globe/angle body design.
The pressure reducing valve shall be fully bronze mounted, external pilot
operated, with a rugged internal free floating piston (operated without
springs, diaphragm or levers), single seat with seat bore equal to size of valve.
The minimum travel of the piston shall be equal to 25% of the diameter of the
seat.
For true alignment (to correct lateral thrust and stem binding) the piston shall
be guided above and below the seat a distance no less than 75% of the seat
diameter.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
02 - 3
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The piston shall carry a contoured cushion device that will cause a gradual
change in flow area as the valve approaches the seat. The cushion device
must move with the piston to minimize head loss when the valve is fully
opened and so designed as to insure positive closure.
The main valve shall be packed with leather (or other soft material) to insure
tight closure and prevent metal to metal friction and seating.
The main valve shall include a position indicator to show position of opening
of the piston.
The main valve will include gauge cocks for testing purposes.
The pilot valve, controlling operation of the main valve, shall have a range for
adjustment, be easily accessible and so arranged to allow for its removal from
the main valve while the main valve is under pressure.
The pilot valve and all associated piping and fittings necessary for proper
operation shall be factory assembled and furnished with the pressure reducing
valve.
Ball valves shall be installed in the control piping to completely isolate the
pilot valve when conditions may require pilot isolation for maintenance or
repaIr.
An external strainer with blow-off will be provided in the control circuit to
protect the pilot and needle valves.
The design shall be such that repairs and dismantling internally of the main
valve may be made without its removal from the line.
The 250 lb. flanged assemblie shall conform to ANSI standards for flange
thickness and drilling and wall thickness of body and caps.
The valve shall be ruggedly constructed of first class grey iron.
The grey iron shall be free from cold shuts, defective or spongy spots and
confo~ng to ASTM specification A-126 Class B with bronze or stainless
steel trim.
The bronze parts shall conform to ASTM specification B-62.
The seat disc shall be bronze.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
02 - 4
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3.3 Meter Service: Water meter service lines shall be copper, Type K, with hms.s fittings
in accordance with A WW A Standard C800. Threaded connections for fittings,
whether inlet or outlet, internal or external, shall be in accordance with A WW A
Standard C800, Section 4.2. Meter boxes shall be "Rome Type" cast iron 10" x 19"
X 10" or "Brooks" #1419 series. Top shall have cast ribs on bottom side with four (4)
legs to prevent sliding movement. Top shall have minimum weight of 13 pounds.
3.4 Fire Hydrants: Fire hydrants shall be in accordance with AWWA Standard C503, Dry
Barrel Fire Hydrants, as modified by the following minimum requirements. For water
mains with static and residual pressure in excess of those pressures indicated for this
fire hydrant, fire hydrants shall meet the minimum requirements specified on the plans.
1. A WW A Compression Type - Dry top - Traffic Model 150 psi working
pressure, 300 psi testing pressure.
2. Size of Hydrant Valve Opening - 5W'
3. Number and Size Hose Nozzle - 2 - 2~
4. Hose Nozzle Threading - National Standard
5. Number and Size Steamer - 1- 4~
6. Steamer Nozzle Threading - 5 3/8" O.D., 6 threads per inch (Richmond
County Standard).
7. Size of Shoe Connection - 6"
8. Type of Shoe Connection - Mechanical Joint
9. Size and Shape of Operating Nut - Pentagon, 1 WI flat to point
10. Direction of Opening - Open left (counterclockwise) N.R.S.
11. Bury - Minimum 42"
12. Color - White
3.5 Tapping Sleeves: The tapping sleeves shall be mechanical type joint suitable for the
working pressure specified for the water main, M&H, Mueller, Clow or equal.
4.0 EXCAVATION, TRENCIllNG AND BACKFll..LING
Excavation, trenching and backfilling shall be in accordance with Section 01 Excavation,
Trenching and Backfilling for Pipe Lines, of which a copy is hereto attached.
Pipe bedding: Bedding material for rigid, semi-rigid (pipe stiffuess 150 psi or greater) and
flexible (pipe stiffuess less that 150 psi) pipe shall be well-graded crushed stone or crushed
gravel meeting the requirements of ASTM C-33, Gradation 67 (3/4" to #4). the bedding
material shall be placed in the zone 4" below the pipe to the pipe's springline (horizontal mid-
point) for rigid and semi-rigid pipe and the bedding material shall extend to 12" above flexible
pipe. Select backfill consisting of sand, silty gravel, clayey gravel, silty sand, clayey sand, or
other approved materials, placed in 6" layers and compacted per Section 01, shall be the
backfill from the springline to 12" above the rigid or semi-rigid pipe.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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5.0 INSTALLATION
5.1 General: Installation of all pipe, valves, fittings and appurtenances for water mains
and services shall be in accordance with the applicable provisions of the specified
sections of AWWA Standard C600, Installation of Ductile-Iron Water Mains And
Their Appurtenances. Minimum cover over top of pipe shall be 36" or as indicated
on plans.
5.2 Water Main
a. 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
Specification C600, Installation of Ductile-Iron Water Mains And Their.
Appurtenances.
b. Existing Water mains to be Extended or Tapped: No taps or extensions of
existing mains shall be made unless an 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 Utilities
Department at the Contractor's expense.
c. 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 Engineer.
d. 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 Engineer, complete with reaction blocking.
5.3 Water Meter Service
a. Taps: Taps shall be made on the upper half of the water main at an angle of
450 from vertical. The trench for the service line shall be excavated to a
depth which will insure a minimum cover of 30" 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 on the
front property line, 8" below the top of the meter box, set flush with the
finished grade service. Taps on mains in subdivisions shall be, made so that
service lines will be located in the center of proposed lots.
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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b. New Water Meter Service on New and Existing Mains: A new water meter
service shall consist of the following:
1) 3/4" tap in water main and double-strapped tapped saddle if on PVC
pIpe.
2) 3/4" corporation cock installed in main.
3) 3/4" main connector.
4) 3/4" copper tubing from main connector
5) 3/4" service ell
6) 3/4" curb cock
Refer to Section 03 of these specifications on material.
c. Meter Service Renewal no 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 County Water and Sewer Engineer; installing a new 3/4"
copper line with required fitting and adapters from the existing corporation
cock in water main to the water meter; reconnecting the water meter to
existing house service with pipe and fitting of same size and type as existing
house service, complete.
d. 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 fittings or by.. -.
furnishing new pipe and fittings of the same size and material as existing.
e. Extending Services: Existing copper services, at the discretion of the
Inspector, can be extended by using copper to copper couplings. All new
appurtenances (service ell, curb cock and copper) shall be used and shall be
equal in size to the existing service to be extended.
5 .4 Valves: Valves shall be installed in accordance with A WW A Standard C500, Section
AS. Before setting each valve, make sure that interior is clean and tested for opening
and closing. Valves shall be installed while in the closed position. Set valves and
stops with stems plumb and at the exact locations shown. Valve and service boxed
shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a
distance of3' on all sides of the boxes. Tap connection to existing mains shall be kept
closed until after the line is tested, disinfected, flushed, and accepted for service.
5.5 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" behind the curb. The hydrant shall be set at a height so that the backfill
or final grade will be at the bury line. The fire hydrant shall be set a minimum of3.0'
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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from any tree, power pole, fence or structure. All laterals from main to hydrant
location shall be ductile iron with 6" M.J. valve. Two cubic feet of gravel shall be
placed under the hydrant for drainage from the barrel. Tie rods, concrete or retainer
glands shall be used for thrust restraint. After installation, all hydrants shall be given
a touch-up coat of red lead paint and two (2) field coats of high grade paint of the
color specified by the Augusta-Richmond Utilities Department Engineer.
5.6 Reaction Blocking: All plugs, fire hydrants, caps, tees, bends and other fittings shall
be provided with adequate reaction blocking. Concrete for reaction blocking shall
have a 28 day compressive strength of 3000 psi and shall bear directly against the
undisturbed trench wall. Metal tie rods and clamps or retainer glands may be used in
lieu of blocking when using ductile iron pipe. All tie rods, clamps and retainer joints
shall be left exposed and caution taken while pouring blocking not to cover tees,
bolts, etc., as mentioned above.
5.7 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 surface of the tapped main shall be cleaned just prior to installation of the
tapping sleeve.
6.0 TESTING
After installation of the main, hydrants, services and appurtenances, the mains 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
psi above the normal static pressure or 200 psi, whichever is greater. Test pressure shall not
be less than 1.25 times the working pressure at the highest point along the test section.
Leakage shall not exceed 33 gallons per inch of diameter per mile of pipe during the four (4)
hour testing period. The test shall be performed after the curb and gutter has been completed
and all curb cocks have been installed. Notice shall be given to the Augusta-Richmond
Utilities Department Engineer 24 hours prior to beginning the test.
7.0 DISINFECTION
Disinfection shall comply to AWWA Specifications C651, Disinfecting Water Mains. A
representative from the Augusta-Richmond Utilities Department shall be present with four
(4) hours 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 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
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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be obtained prior to placing the system in service.
8.0 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 Augusta-Richmond Utilities
Department, 2760 Peach Orchard Road, and placed at the location directed by the Augusta-
Richmond Utilities Department Engineer.
9.0 MEASUREMENT
9.1 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 center to center of
pipe junctions, end of pipe or centerline of fitting, valve or fire hydrant whichever is
applicable.
9.2 Fittings: Measurement of fittings shall be the total weight of all fittings with retainer
glands installed and accepted. Weight of gaskets, bolts and nuts shall not be included
in measured weight.
9.3 Tapping Sleeve and Valve: The quantity to be paid for under this item will be the
actual number of tapping sleeves and valves installed, complete (including the tap and
valve box) and accepted.
9. 4 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.
9.5 Valves: The quantity to be paid for under this item will be the actual number of
valves, installed, (complete with valve box) and accepted.
9.6 Fire Hydrants: The quantity to be paid for under this item will be the actual number
offire hydrants installed, complete and accepted. (this item includes hydrant, 6" pipe
and valve.)
9.7 Water Meter S~rvice: The quantity to be paid for under this item will be the actual
number of water meter services (new water main), water meter services (existing
water main) and water meter services renewed (existing main) installed, complete and
accepted.
9.8 Water Meter Service Adjusted: Measurement of water meter services adjusted shall
be the actual number of water meter services adjusted, complete and accepted
(includes new pipe and fittings as required.)
10.0 PAYMENT
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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Payment for each size of water main pipe measured as specified above will be paid for at the
contract price per linear foot as set forth below. Other measured items shall be paid for by the
contract unit or lump sum price for the various items, complete in place in accordance with
the specifications.
No separate payment will be made for excavation, and backfill, testing, disinfection, reaction
blocking and for clamps and tie rods or other items or 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.
The following information should be included on the plans for all valves:
1. Size
2. Model and Style Number, and "or Equivalent"
3. Type (i.e., double disc, resilient-seated, NRS, OS&Y, solid wedge, etc.)
4. Working and Hydrostatic Pressures
5. Materials (if not standard)
6. Stem Position (if other than vertical)
7. Gearing (spur or bevel)
CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
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SECTION 03 - SOIL EROSION CONTROL
1.0 SCOPE
1. I GENERAL:
A. All soil erosion control measures shall be implemented with the
commencement of clearing and grading or as required by the County
Engineer.
B. All soil erosion control measures on the plans, or as directed by the Soil
Conservation Agent or the County Engineer shall be properly constructed,
maintained or replaced as required by these specifications and the Manual for
Erosion and Sediment Control in Georgia to prevent on site erosion damage,
downstream siltation damage or to conserve and protect land, water and air
resources
C. Clearing operations shall be confined to the limits shown on the plans.
D. Vegetation outside of the limits of construction shall be protected from any
damage resulting from construction operations.
E. Sediment shall not be transported from the project area by construction
traffic.
F. Grassing in accordance with Section 04 of these specifications shall be
established on ares disturbed by construction operations as soon as possible.
1.2 HAY BALES
A. Hay bales shall be placed where shown on the plans.
I. Bales will be placed in a single row, lengthwise, on the contour and
embedded ip the soil to a depth of three (3) inches.
2. Bales will be securely anchored. upright in place by stakes or bars
driven through the bales.
3. Bales will be placed to the height required to effectively filter runoff
and prevent sediment deposition within the storm drain system or
offsite.
B. Bales shall be replaced when they are no longer effective sediment barriers
or as directed by the County Engineer.
SOIL EROSION CONTROL
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1.3 SILT FENCING
A. Temporary silt fencing shall be placed in accordance with Section 1.1 A in
lieu of hay bales.
B. Material shall be weather permeable, composed of strong rot proof synthetic
fibers formed into a matrix of woven or nonwoven fabric, GA DOT Qualified
Products List #36 only.
C. Either type shall be free of any treatment or coating but shall contain
stabilizer and/or inhibitors to make filaments resistant to deterioration from
heat or sunlight.
D. The fabric shall be free of defects or flaws which may alter the physical
and/or filtering properties.
E. Type A Fabric shall have a minimum width of 36". Sheets may either be
sewn or bonded together. Type "B" shall be minimum 22" wide.
F. Fabric may be manufactured with pockets for posts, hems with cord or with
posts preattached using staples or button head nails.
G. Installation of silt fence:
1. Posts shall be hardwood IS' x IS' x 48" minimum for Type A
Fabric. Type B Fabric, I" x I" x 36" minimum.
2. Steel posts shall be round "U", "T", or "C" shaped, with weight of
0.75 Ibs. per foot and minimum 1" diameter.
3. Spacing of all posts shall be six (6) foot centers.
4. Wire staples shall be No. I 7 gauge minimum and shall have a crown
at least 3/4" wide and legs at least 1/2" long, evenly spaced with at
least 5 per post.
5. Nails shall be 14 gauge, a minimum 1" long with 3/4" button head,
evenly spaced with 4 per post.
6. , Fencing shall be installed in a trench 12" to 18" in depth, posts shall
be installed on the front side of the fabric or facing against the flow.
H. Maintenance
Silt fencing shall be maintained until final stabilization IS achieved.
Replacement shall be in accordance with Section 1.3 C.
SOlL EROSlON CONTROL
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1.4 OTHER STRUCTURES
All other structures shown on the plans or as directed by the County Engineer shall
be constructed according to the Manual for Erosion and Sediment Control' in
Georgia.
2.0 PERMANENT EROSION CONTROL MEASURES
2.1 RIP-RAP (ONLY AS APPROVED BY ENGINEER)
A. At all discharge points of ditches or swales, pipe outlets and inlets, where
required by the plans or contract drawings or as directed by the County
Engineer, the contractor shall place loose rock rip-rap to the extent shown
on the plans, or a minimum length equal to six (6) times the diameter of the
pIpe.
B. Rip-rap shall be well graded with approximately 35% of the total weight of
the mixture being in stones of the maximum size. Size shall be selected to
prevent scour from excess velocities. Rip-rap shall be bedded on geotextile
fabric as approved by the County Engineer. '
C. If not otherwise specified in the plans or contract drawings, rip-rap shall be
placed by equipment on the surfaces and to the depths specified.
1. The rip-rap shall be constructed to the full course thickness in one
operation and in such a manner as to avoid the displacement of sub-
base or foundation material
2. The rip-rap shall be placed in such a manner as to ensure the rip-rap
in place shall be homogeneous with the larger rocks uniformly
distributed and firmly in contact with one another with the smaller
rock filling the voids between larger rocks.
3. Rip-rap shall be placed in such a manner as to avoid damage to
structures.
D. Within ten (10) feet of all structures, the rock shall be placed by hand.
1. It shall be securely bedded with the larger rocks firmly in contact
with one another.
2. Space between larger rocks shall be filled with smaller rock. Small
rock shall not be piled together as a substitute for larger rock.
3. Slab rock shall be laid on edge.
E. Rip-rap shall extend up the bank to the level where vegetation will provide
adequate protection.
SOIL EROSION CONTROL
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F. Rip-rap shall not be placed on banks steeper than 1.5: I. Banks steeper than
this shall be cut to at least 1: 5 to 1 prior to placing rip-rap,
3.0 GRASSING
Grassing shall be performed in accordance with Section 04 of these specifications.
4.0 FIELD TESTS
4.1 TEMPORARY STRUCTURES
A. At various times during construction, the County Engineer shall visually
inspect all temporary erosion control measures for adherence to these
specifications. NOTE: It is the contractor's responsibility to maintain all
such devices required by the plans, contract drawings or as directed by the
County Engineer in proper functioning order at all times, to prevent on-site
erosion and off site sedimentation damage.
B. Should such devices be found in poorly maintained condition, damaged or
no longer in place when they are still properly required, the County Engineer
may reject or refuse to accept all work being done in the right of way,
easement or limits of construction until the soil erosion and sedIment control
measures are brought up to specifications.
C. Should the contractor repeatedly ignore or neglect such measures or
requirements of the plans, contract drawings or direction of the County
Engineer, the County Engineer may stop work within the right of way,
easement or limits of construction and turn the matter over to the County Soil
Erosion Control Enforcement Officer for enforcement of of the Ordinances
of Richmond County, GA.
4.2 PERMANENT STRUCTURES
Prior to acceptance of the work, the County Engineer shall visually inspect all loose
rock rip-rap, grouted rip-rap and cement sand bag rip-rap to ensure that it is in place
correctly, undamaged and according to these specifications.
5.0 RESTORATION OF PROPERTY
Restoration of property shall be performed in accordance with Section 04, Paragraph 5,0 of
these specifications.
SOIL EROSION CONTROL
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6.0 CLEAN UP AND FINISHING
Clean up and finishing shall be performed in accordance with Section 16.12 of these
specifications.
7.0 MEASUREMENT AND PAYMENT
The satisfactory completion of this section, including temporary erosion control measures,
labor, equipment, tools and materials, in accordance with the plans and contract drawings
will be a no-pay item and considered incidental to the construction of the elements of the
installation it is associated with, the following exceptions being noted in the Summary of
Quantities.
7. LOOSE ROCK RIP-RAP, GROUTED RIP AND CEMENT SAND BAG RIP-RAP
A. Loose rock rip-rap, grouted rip-rap and cement sand bag rip-rap shall be
measured and paid for by the square yard for each type listed in the Summary
of Quantities, complete in place and accepted by the County Engineer.
B. Said payment shall be considered full and just compensation for all materials,
equipment, ,labor, excavation, backfill and anything required of any
description for the satisfactory completion of the work described or called for
by this section of the specifications not specifically noted as a pay item in the
Summary of Quantities.
SOIL EROSrON CONTROL
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SECTION 04 - GRASSING
1.0 DESCRIPTION
This section covers the furnishing of all labor, equipment and materials and the performance
of work required to establish a dense, permanent cover of the specified grass on all areas of
the site, within the construction limits, easement or right of way and any with this section
of the specifications.
2.0 MATERIALS
2. I FERTILIZER
A. Fertilizer shall be commercial 10-10- I 0, 6-12- I 2, 5-10-15 analysis fertilizer.
B. The following limits shall be; Nitrogen 5-10%, Phosphorus 10-15% and
Potassium 10-15%. Fertilizer shall be spread uniformly over the ground,
surface at the approximate rate of 1,200 pounds per acre.
C. Lime shall meet specifications set by the Georgia Department of Agriculture,
and be spread at rate predetermined by laboratory testing.
2.2 SEED
A. Common Bermuda (hulled)
B. Common Bermuda (unhulled)
C. Kentucky Fescue
D. Abruzzi Rye
2.3 WATER
A.
Water used to produce grass may be obtained from any approved source.
B.
The water shall be free of excess chlorine, and any chemicals or substances
harmful to plant growth.
GRASSING
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2.4 ASPHALT
A. Asphalt used to secure mulch shall be a homogeneous emulsification of a
refined petroleum asphalt suitable for spray application with or without
dilution with water.
B. Asphalt shall be suitable for this use and shall contain no petroleum solvent
or other diluting agents which would be harmful or toxic to plant growth.
C. The type used shall meet the requiremen.ts of GA DOT Spec Section 822 of
latest revision for SS-1 H or Section 824 for CSS- I H.
2.5 MuLCH
A. Mulch shall be either thrashed rye, oat or wheat straw, or Bermuda grass hay.
B. Cellulose mulch may be used in hydroseeding operations and shall meet GA
DOT Spec Section 718 of latest revision.
C. Mulch shall be dry to the touch and free of seeds of competing species or
weeds.
3.0 CONSTRUCTION
3.1 PREPARATION OF GROUND
A.
Final grades shall be established as shown on the plans prior to any seed bed
preparation. Grading shall be performed in accordance with Section 2.2 B.
B.
For slopes ofless than three percent, the ground shall be prepared by plowing
to a depth of6".
c.
After plowing, the areas shall be thoroughly disked until boulders, stumps,
roots or other matter which will interfere with the work shall be removed.
D.
Graded surfaces shall be maintained in a smooth and even condition by the
contractor until the required cover is established.
E.
Slopes of greater than three percent shall be prepared in accordance with GA
DOT Spec Section 700.05, current edition.
GRASSING
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3.2
3.3
GRASSING
APPLICATION OF FERTILIZER
A. Fertilizer shall be applied uniformly at a rate of 1200 Ibs, per acre and shall
be incorporated with the soil to depth of approximately, 4" by disking,
harrowing, or by other approved methods before anymore work is done on
the area.
B. Immediately following or simultaneously with the application of fertilizer,
lime shall be distributed at the rate predetermined by laboratory soil testing.
C. Not less than 30 days after completion of seeding, the contractor shall furnish
and apply nitrogen to the planted areas at a rate which will give not less than
501bs.
D. No fertilizer or nitrogenous material shall be spread on windy days or when
plant growth is damp.
SEEDING
A. Weather permitting, seed shall be sown within 24 hours (ollowing the
application of fertilizer and lime and preparation of the seed bed.
B. Seed shall be sown at the rates specified according to the following schedule:
DATE
April. 15 to Sept. 15
Sept. 15 to April I 5
TYPE
Hulled Common Bermuda
Unhulled Common Bermuda &
Kentucky Fescue or Rye
RATE
50 Ibs./acre
50 Ibs./acre
200 Ibs./acre
In areas adjacent to private residential property, the contractor shall match
any type of grass which may be growing on or planted in the adjacent area.
C. Seed shall be uniformly sown by the use of approved mechanical seed drills
or any other type of approved equipment that will produce a uniform
application of seed.
D. Distribution by hand will not be permitted.
E. No sowing will be done during windy weather which prevents even
distribution of seed; when the prepared surface is crusted; or when ground is
frozen, wet or in an otherwise untillable condition.
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3.4
3.5
GRASSING
MULCHING
A. All seeded ares shall be mulched.
B. The contractor may use bituminous treated mulch or mixed in place, mulch.
C. The quantity of mulch to be applied shall be that required to evenly cover the
seeded area to a depth of at least three quarters of an inch and not more than
one and one-half inches. It is intended that mulch shall allow some sunlight
to penetrate and air to circulate at the same time, shading the ground,
reducing erosion and conserving soil moisture.
D. Mulch may be applied by either hand or machine in the amount previously
specified.
E. Mulch shall be applied immediately after seeding and compaction.
F. Where mixed in place mulch is used, mulch shall be applied uniformly ata
rate of 1 tons per acre and shall then be immediately mixed into the soil with
specified equipment so as to produce a loose soil and mulch mixture 3 to 4
inches deep. As soon as the mixing is completed and disturbed areas have
been restored to line and grade, seeding shall be done as previously specified.
HYDRO SEEDING
A. Hydroseeding is an acceptable alternative form of seeding.
B. Seed bed shall be prepared as previously specified.
C. Wood fiber mulch shall be applied at a rate approximately 500 Ibs. per acre.
Seeds of all size may be mixed together.
D. Equipment for mixing and applying the mulch/seed slurry shall be especially
designed for this purpose. It shall be capable of applying a uniform mixture
over the entire area to be seeded. The slurry mix shall be agitated during
application to keep the ingredients thoroughly mixed.
E. All materials shall be discharged within one hour after being combined in the
spreader.
F. Hydroseeding shall not be performed when winds prevent an even thorough
distribution.
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G. Bituminous treated mulch or mixed in place mulch shall be applied over the
entire hydro seeded area in accordance with Section 3.4 of these
specifications.
4.0 SCHEDULE OF SEEDING AND MULCHING
4. I WITHIN RIGHTS OF WAY
A. All areas within the right of way shall be seeded and mulched as soon as
possible or within 30 days after paving operations are completed.
B. The contractor may request in writing an extension of the 30 days for a
specific period of time from the County Engineer when construction of
public utilities within the right of way- make such seeding and mulching
operations infeasible until said construction is complete.
4.2 EASEMENTS
Easements, including all area disturbed by construction within the easements, shall
be grassed and mulched immediately upon completion of construction within the
easement.
4.3 LIMITS OF CONSTRUCTION
All areas disturbed by construction not previously specified, e.g. fill areas, slopes,
etc., shall be grassed and mulched immediately upon completion of construction
operations in those areas.
4.4 EXCEPTIONS
It is the intent of this section of the specifications to provide for rapid and adequate
development of ground cover to prevent soil erosion and siltation damage.
Therefore, the County Engineer may require grassing and mulching of certain areas,
in accordance with these specifications, at any time, when in his opinion, grassing
and mulching is ne'cessary to prevent soil erosion or siltation damage.
5.0 FINAL ACCEPTANCE
5.1 PROTECTION AND REPAIR OF SOWN AREAS
The contractor shall be responsible for the protection and repair of grassed areas
from damages including, but not limited to, damage from vehicular traffic, erosion,
additional construction or other sources until the work is finally accepted.
GRASSING
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7.0
5.2 FINAL ACCEPTANCE
Final acceptance of the work shall not be given until grass is established m
accordance with Section 03 Paragraph 3.0 of these specifications.
MEASUREMENT
The quantity for this item furnished placed completed m accordance with these
specifications and accepted shall be measured by the acre.
PAYMENT
This work shall be paid for by the contract unit price per acre, in the Summary of Quantities,
complete in place and accepted, which price and payment shall constitute full compensation
for preparation of the seed bed, grading of all types, seeding fertilizing, mulching, furnishing
any and all material, equipment, labor, testing or work of any type or description required
to complete the work described in this section unless otherwise noted in the Summary of
Quantities.
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