HomeMy WebLinkAboutMessrly Wastewater Treatment Plant
Augusta Richmond GA
DOCUMENT NAME: mes.sex \Lj ~\" \'(~+ \Y\il'0\-
DOCUMENT TYPE: ~~~\-
YEAR: C\l
BOX NUMBER: m
FILE NUMBER: \ ~~aq\
NUMBER OF PAGES: c9L\
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~& d /35)9
Project Manual
(Conformed Contract Set)
North Clarifier Modifications
Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
PROJECT NO. U-97-024
PREPARED FOR:
AUGUSTA-RICHMOND COUNTY COMMISSION
Larry E. Sconyers, Mayor
Freddie L. Handy, Mayor Pro Tempore
Lee N. Beard - District 1
Robert Zetterberg - District 3
Moses Todd - District 4
Henry L. Brigham - District 5
J. B. Powell - District 6
Jerry Brigham - District 7
Ulmer Bridges - District 8
William H. Mays, III - District 9
William B. Kuhlke, Jr. District 10
AUGUSTA-RICHMOND COUNTY UTiliTIES DEPT.
Max Hicks - Director
October 1997
PREPARED BY:
Freeman & Vaughn Engineering, Inc.
P.O. Box 15027
Augusta, Georgia 30919
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F&V Project No. 97 12401
North ClarifierModific;ations - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
PROJECT MANUAL
NORTH CLARIFIER MODIFICATIONS
MESSERLY WASTEWATER TREATMENT PLANT
AUGUSTA-RICHMOND COUNTY
TABLE OF CONTENTS
SECTION & TITLE
PAGE NUMBERS
DIVISION 1- GENERAL REQUIREMENTS
00100 Advertisement for Bids
00110 Instructions & Information to Bidders
00120 Bid Proposal
00125 Bid Bond
00130 Notice of Award
00135 Agreement
00140 Performance Bond
00145 labor & Material Payment Bond
00150 Certificate of Owner's Attorney
00155 Notice to Proceed
00160 Affidavit of Payment of Claims
00170 Certificate of Insurance
01001 General Conditions
01002 Special Conditions
01605 Shipment, Protection and Storage
01660 Installation, Testing and CommisSioning
01800 Submittals
01800A Submittal Transmittal Form
. 01800B Product Data Transmittal,Form
00100-1 thru 00100-2
00110-1 thru 00110-5
00120-1 thru 00120-3
00125-1
00130-1
00135-1 thru 00135-2
00140-1 thru 00140-2
.00145-1 thru 00145-2 .
00150-1
00155-1
00160-1
00170-1 thru 00170-2
01001-1 thru 01001-53
01002-1 thru 01002-2
01605-1 thru 01605-2
01660-1 thru 01660-4
01800-1 thru 01800-5
1 Page
1 Page
DIVISION 2 - SITE WORK
02050 Demolition
02050-1 thru 02050-3
DIVISION 3 & 4 (NOT US~
DIVISION 5 - METALS
05500 Metal Fabrications
05500-1 thru 05500-5
DIVISION 6- 8 (NOT USED)
TABLE OF CONTENTS
-1-
F&V Project No. 9712401
North Clarifier Modifications - Messer1y Wastewater Treatment Plant
Augusta-Richmond County, Georgia
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DIVISION 9 - FINISHES
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09800 Special Coatings
09800-1 thru 09800-9
DIVISION 10-12 (NOT USED)
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DIVISION 13 - SPECIAL CONSTRUCTION
13205 Frp launders, Troughs And Weir Plates
13205-1 thru 13205-5
DIVISION 14 -16 (NOT USED)
TABLE OF CONTENTS
-2-
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SECTION 00100 - ADVERTISEMENT FOR BIDS
Sealed bids for modification of two Clarifiers at the Messerly Wastewater Treatment Plant,
Augusta, Georgia ,herei.nafter referred to by project name as:
Bid Item # 97-150
North Clarifier Modifications - Messer:ly Wastewater Treatment Plant.
Augusta-Richmond COlLlnty~ Georgia
will be received by the Augusta-Richmond County Commission, hereinafter referred to as the
OWNER at the office of the Director of Purchasing, Room 605, Municipal Building until 11 :00
a.m. on November 18, 1997, at which time all bids will be publicly opened and read in the
presence of those interested.
The work to be done consists of the following. generally described items:
Removal of existing effluent launders, weir plates, scum box and support structure and
replacement of launders, weir plates, effluent box, scum box and support structures and
returning units to operation
Plans and specifications are open for public inspection at the office of the Augusta-Richmond
County Utilities Dept., 27'60 Peach Orchard Road, Augusta, Georgia; at the Augusta-Richmond
County Purchasing Dept., Room 605 Municipal Buil~ing, Augusta, Georgia; and at the following
locations:
F.W. Dodge Division IPlan Room
Augusta, Georgia
Augusta Builders Exchange
Augusta, Georgia
Copies of Contract Documents may be obtained at the office of Freeman & Vaughn
Engineering up~n a deposit of $100.00 for each set. (Non-refundable)
Bids shall be enclosed in a sealed envelope and addressed as follows:
AUGUSTA-RICHMOND COUNTY COMMISSION
clo Director of Purchasing
Room 605 - Municipal Building .
Augusta, Georgia 30911
Mark the outside of the E~nvelope as follows:
Bid Item # 97-150
North Clarifier Mlodifications - Messerly Wastewater Treatment Plant
Bids must be accompanied by a Bid Bond secured by a surety company, certified check or
cashier's check in an amount equal to at least 1 0% of the amount of the bid. A contract
ADVERTISEMENT FOH BIDS
000100-1
performance and payment bond each, in the amount of 100% of the contract amount will be
required of the successful bidder.
The Augusta-Richmond County Commission reserves the right to reject any and all bids and to
waive any informalities in the bidding.
It is the wish of the Owner that minority ,businesses be given the opportunity to bid' on the
various parts of the work. This desire on the part of the Owner is not intended to restrict or limit
competitive bidding or to increase the cost of the work. The Owner supports a healthy free
market system that seeks. to 'include responsible businesses and provide ample opportunity for
business growth and development.
Geri Sams, Director of Purchasing
Publish:
Augusta Chronicle - October 20,28 & November 4, 11, 1997
Metro Courier
- October 22, 1997
ADVERTISEMENT FOR BIDS
001 00-2 ~
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 00110 -INFORMATION FOR BIDDERS
1. EXPLANATION 1"0 BIDDERS:
Any explanation regarding the meaning or interpretation of contract drawings,
specifications, or other contract documents must be requested in writing, with sufficient
allowance of time for receipt of reply before the time of the bid opening. Any such
explanations or interpretations shall be made in the form of addenda to the documents
and shall be furnished to all bidders, who shall acknowledge receipt of all addenda with
their bids. Oral expllanationsand interpretations made prior to the bid opening shall not
be binding.
2. BIDDERS' UNDERSTANDING:
Bidders should visit the work site to ascertain by inspection pertinent local conditions such
as location, character and accessibility of the site availability of facilities, location and
character of existing work within or adjacent thereto, labor conditions, etc. The Owner
shall make available to allprt?Spective bidders, previous .to the receipt of bids, information
that it may. have as to sutH;oil conditions and surface topography at the work site. Such
information shall be given as the best factual information available without being
considered as a representation of the Owner.
3. BID REQUIREMI:NTS:
Security, equal to 10% of the amount i>id, shall be submitted with the Proposal. Failure to
submit same shall be cause for rejection. The bidder, at his option, shall furnish either a
certified check, cashier's check or bid bond as security. Bid bonds shall be issued from a
company licensed to do business in Georgia and shall be signed or counter signed by a
Georgia resident a!~ent and shall have a proper Power of Attorney evidencing the
authority of the individual signing the bond. '.Security deposited by unsuccessful bidders
will be retumed as sc)on as practical after the bid opening.
4. PREPARATION OF BIDS:
(a) Bids shall be sUt>mitted or, the formS provided herein. NO OTHER FORM WILL BE
ACCEPTED. These forms must be signed by the bidder or his authorized representative.
Any corrections to entries made on bid forms should be initialized by the person signing
the bid.
. .
(b) Bidders must quote on all items appearing on bid forms, unless specific directions in
the advertisement, on the bid form, orin the special specifications allow for partial bids.
Failure to quote on all items may disqualify the bid at election of the Owner. When
INFORMATION FOR BIDDERS
00110-1
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quotations on all items are not required, bidders shall inserts the words "no bid" where
appropriate. .
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
(c) Altemative bids will not be considered unless specifically called for.
(D) Bidders are advised that the Augusta-Richmond County Commission is intent on
completing the construction of this project in a timely and orderly manner to minimize
inconvenience to the public and to reduce the cost to the Owner for inspection and
administrative expense. The provisions of the General Conditions pertaining to the
completion of the work and liquidated damages will be strictly enforced.
.
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5. INTERPRETATIONS:,
A. Each Bidder shall carefully examine the Plans and the Contract Documents and all
addenda or other revisions and thoroughly familiarize himself with the detailed
requirements prior to submitting a Proposal. Should a Bidder find discrepancies or
ambiguities in, or omissions from Bidding Documents, or should he be in doubt as to their
meaning, he shall at once, and, in any event not later than four (4) days prior to bid date,
notify the Engineer who wil~ send written addenda to all bidders. The Engineer will not be
responsible for any oral instructions. All addenda sent to bidders will become a part of
the Contract Documents. No allowance will be made after bids are received for oversight
by Bidder.
B. Where a discrepancy occ~rs between the prices quoted in words and/or numbers,
the lowest figure quoted shall take precedence an govern in determining final costs or
award of contract.
6. SUBMISSION OF BIDS:
Bids must be submitted as directed in the Invitation to Bid.
7. RECEIPT OF BIDS:
Bids shall be submitted prior to the time fixed in the Invitation for Bids. Bids received after
the time so indicated shall be returned unopened.
8. WITHDRAWAL OF BIDS:
Bids may be withdrawn at any -tim~ prior to opening upon written or telegraphic request of
the Bidder. Negligence on the part of the Bidder in the preparation .of it's proposal shall
not be grounds for modification or withdrawal of a proposal after the time set for bid
opening. .
INFORMATION FOR BIDDERS
00110-2
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
9. PRESENCE OF BIDDERS AT OPENINGS:
At the time and place fixed for opening bids, the content of a II bids will be made public for
the information of aU bidders and other interested parties, who may be present in person
or by representative.
10. BIDDERS INTERESTED IN MORE THAT ONE BID:
If more than one bid is offered by one party, or by an person or persons representing a
party, all such bids shall be rejected. A party who has quoted prices to a bidder is not
thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on
his own behalf.
11. REJECTION OF BIDS:
The Owner reserves the right to reject any and all bids.
12. AWARD OF COINTRACT:
(a) If a contract is to be awarded, it will be awarded to the lowest responsible bidder
. whose evaluation by Owner indicates to the Owner that the award will be in the best
interest of the Augusta-Richmond County Commission.
(b) The Owner reserves the right to award separate contracts based on cost savings as
reflected in the bid prices for various' divisions of the work.
(c) In case of error in the extension of prices, the unit bid prices shall govern. The Owner
reserves the right to waive any informality in evaluating bids. .
13. CONTRACT, BONDS, AND INSURANCE
(a) The biddetr(s) to whom award is rnade shall enter into a written contract with the
Owner within the time specified in the Proposal. .
(b) Performance and payment bonds shall be fumished at the time of signing the
formal agreement. These bonds must be in the form provided herein. NO OTHER
FORM WILL. BE ACCEPTED. These bonds shall be issued from a company
licensed to dp business in Georgia and shall be signed or counter signed by a
Georgia resident agent and shall have a proper Power of Attorney evidencing the
authority of the individual signing the bond. These.bondsshalf be in an amount.
equal to the Contract amount.
INFORMATION FOR BIDDERS
00110-3
F&V Projed No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
(c) The Contractor shall secure and maintain such insurance policies as are
required. Insurance shall be in accordance with the General Conditions attached
hereto.
14. PROPOSALS:
(a) Proposals containing reservations, conditions, omissions, unexplained erasures
or alterations, items not required in the Bid, or irregularities of any kind, may be
rejected by the Owner as being incomplete and not qualified for consideration.
(b) Each Proposal shall indicate the full business name and address of the Bidder,
and shall be signed by him with the usual 'signature. It shall also set forth the type
of business organization, i.e., corporation, partnership, individual owner. .
(c) A Proposal submitted by a partnership shall list the names of all partners and
shall be signed .in the partnership name by one of the members of the partnership.
If there is no partner who is a Georgia resident, the name and address of an entity
designated to receive service of process for the partnership in Georgia must be
provided.
(d) A PropoSal submitted by a Corporation shall be signed by the legal name of
the Corporation, followed by the state of incorporation and the title designation of
the Corporation in legal matters. The name of each person signing the Proposal
shall be typed or printed below the signature. If not a Georgia corporation, there
must also be evidence that the corporation is licensed to do business in Georgia.
(e) A Proposal from an individual who is not a Georgia residentshall provide the
name and address of an entity in Georgia with the authority to accept service of
process for the individual.
15. POWER OF ATTORNEY:
A Power of Attorney, or other satisfactory evidence of the authority of the officer
signing in behalf of the Corporation, shall be furnished for the Owner's records.
16. LOCAL EMPLOYMENT & EQUAL OPPURTUNITY:
The Augusta-Richmond County Commission actively encourages the utilization, to the
maximum extent possible, local labor forces and suppliers of materials which have
residences, offices or places of bussiness within Augusta-Richmond County, Georgia.-
While Augusta-Rich,mond County encourages the utilization of local labor and suppliers
INFORMATION FOR BIDDERS
00110-4
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmoncl County, Georgia
on a purely voluntary basis on local public works projects, nothing contained herein shall
impose any legal or contractural obligation for any bidder to do. so.
The bidder agress to abide by the requirements of Executive Order No. 11246, as
amended.
INFORMATION FOR BIDDERS
00110-5
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SECTION 00120 - BID PROPOSAL
AUGUSTA-RICHMOND COUNTY COMMISSION
MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
PROJECT TITLE: NORTH CLARIFIER MODIFICATIONS
MESSERLY WASTEWATER TREATMENT PLANT
AUGUSTA-RICHMOND COUNTY, GEORGIA
BID ITEM NO.: 97-150
Gentlemen:
The undersigned Bidder, herein referred to as singular and masculine, declares the
following:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the contract documents,
including the drawings and specifications;
3. He understands that information relative to existing structures and underground
utilities as furnished to him on the drawings, Contract Documents or by the
Augusta-Richmond County Utilities Engineer/Director, carries no guarantee
expressed or implied as to its completeness or accuracy and he has made due
allowances therefor;
4. He has made a personal examination of the site of the proposed work and has
satisfied himself as to the actual conditions and requirements of the work;
5. He agrees to hold the Owner harmless for accidents or damages to property;
6. He will comply with all State and Federal regulations pertaining to but not limited to
asbestos containing material removal and disposal, regulations regarding disposal
of all debris and OSHA requirements;
7. He will complete the work in a timely manner. The required time of completion is
indicated in the Bid Proposal Form; .
8. He will maintain the site as clean as possible by not allowing debris to accumulate
. before making trips to his disposal site. Materials sold for salvage shall not be
accumulated on the project site.;
9. He will not bum any materials on site without written approval from proper
authorities;
BID PROPOSAL
00120-1
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10. He will furnish the Owner with a detailed schedule of demolition and removal,
including disposal sites, names of all subcontractors, State and local license
information;
and hereby proposes and agrees to furnish all materials, labor, skill, equipment, tools,
and other things of eVl3ry kind and description specified, needed or used for the complete
execution of all work covered by and in conformity with the Plans, specifications, and
. other Contract Documents prepared by Freeman & Vaughn Engineering. Inc.. Consulting
Engineers and all AmEmdments and Addenda thereto, for the sums hereinafter stated.
LUMP SUM PRICES:
The undersigned agrees to provide all labor, materials, and equipment necessary to
perform the work described in the plans, specifications, addenda, etc., all of which
comprise the project manual, for the lump sum price of:
DOLLARS $
The following are designated as major material items to be furnished under the North Clarifier
Modifications. The bidder must bid one of the listed materials by extending the cost to the Base Bid
Column and circling the appropiate type. Bidder must also provide pricing for other listed materials shown
in the proposal or his bid may be considered non-responsive. .
Item
Description
Launder Type
Installed
Cost
Add(+)Dedud(-)
Cost for
Substitution
Base
Bid
1. Effluent Launders, Weir
Plates and Scum Bafne.
A. Base Bid
Aluminum Launders wI
Aluminum or FRP weir Plates
& Baffles
FRP Launders w/FRP weir
Plates & Baffles
B. Substitute:
-
The undersigned agrees that this Proposal may not be revoked or withdrawn after the
time is set for the opening of bids but shall remain open for acceptance for a period of
sixty (60) calendar days following such time.
BID PROPOSAL
00120-2
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UNIT PRICES:
The following unit prices will be used for additions to the work specified under the LUMP
SUM PRICE in the Bid Proposal:
1.
Replacement of Damaged Anchor
Bolts (per detail on drawings)
$
per Each
In case the bidder is given in writing by mail, telegraph, or delivery the Notice of
Acceptance of the Bid Proposal within sixty (60) days after the time for the opening of
bids, the undersigned agrees to execute within ten (10) calendar days a Contract (Form
of Agreement between Contractor and Owner) for the work for the above-stated
compensation and at the same time to furnish and deliver to the Owner a Performance
Bond, Payment Bond, Certificate of Insurance, and Contractor Certification forms in
accordance with the instruction bound in the Project Manual.
The undersigned agrees to commence actual physical work on the site with an adequate
force and equipment within ten (10) calendar days from'the date to be specified in the
Notice to Proceed from the Owner and to complete fully all work within 180 calendar
days. It is also agreed that .lii days are included in the specified contract time for
adverse weather days as per Article II of the Agreement.
Enclosed herewith is a Bid Bond in the amount of
DOLLARS ($ ) being not less than 10% of the Base Bid. The Bid
Bond must be submitted on the required form provided with the Invitation to Bid.
If this Proposal is accepted within sixty (60) days after the date set for the opening of bids
and the undersigned fails to execute the Contract within ten (10) calendar days after
receipt from the OWNER/Engineer, or if he fails to furnish both a Performance Bond and
Payment Bond, the obligation of the Bid Bond will remain in full force and effect and the
money payable thereon shall be paid into the funds of the Owner as liquidated damages
for such failure; otherwise the obligation of the Bid Bond will be null and void.
This Bid Proposal is respectfully submitted by:
Bidder (Print Name)
Signature (Owner, Partner or
Corp. Officer)
Address
Title
If Corporation, affix seal here
Telephone Number
(SEAL)
BID PROPOSAL
00120-3
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SECTION 00125 - FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned,
, as Principal, and . ' as Surety,
are held firmly bound unto Augusta-Richmond County Commission, as Owner, in the
penal sum of: " " DOLLARS ($ . ),
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns.
Signed, this
day of
,1997.
The condition of this obligation is such that whereas the Principal has submitted to
Augusta-Richmond County Commission, a certain Bid, attached hereto and hereby made
a part hereof to enter into a contract in writing for the construction of
NOW, THEREFOR,
(a) If said Bid shall be rejected, or in the altemate,
(b) If said Bid shall b~ accepted and the Principal shall execute and deliver a contract
in the Form of Contract attached hereto (properly completed in accordance with
said Bid) and shall fumish a bond for his faithful performance of said contract, and
for the payment of all persons. performing labor or furnishing materials in
connection therewith, and shall in all other respects perform the agreement created
by the acceptance of said Bid, then this obligation shall be void, otherwise the
same shall remain in force and effect; it being expressly understood and agreed
that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
surety and its Bond shall be in no way impaired or affected by any extension of time within
which the Owner may accept such Bid; and said Surety does hereby waive notice of any
such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands
and seals, and such of them as are corporations have caused their corporate seals to be
hereto affixed and these presents. to be signed by their proper officers, the day and year
first set forth above.
L.S.
(Principal)
(Surety)
(Attorney in Fact)
SEAL
FORM OF BID BOND
00125-1
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TO:
PROJECT DESCRIPTION:NORTH CLARIFIER MODIFICATIONS
MESSERLY WASTEWATER TREATMENT PLANT
AUGUSTA-RICHMOND COUNTY, GEORGIA
The Owner has considered the Bid submitted by you for the above described WORK in response to its
Advertisement for Bids dated , 1997 and Information for Bidders.
You are hereby notified that you BID has been accepted for items in the amount of
$
You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's
Performance and Payment Bond within ten (10) calendar days from the date ofthis Notice to you.
It you fail tom execute said A.greement and furnish said Bonds within ten (10) days from the date of this
Notice, said OWNER will be .entitled to consider all your rights arising out of the OWNER'S acceptance
of your Bid as abandoned and as forfeiture of your Bid Bond. The Ownerwill be entitled to such other
rights as may be granted by law. .
You are required to return ani acknowledged copy of this NOTICE OF AWARD to the Owner.
Dated this
day of
,1997.
BY:
Title:.
Acceptance of Notice
Receipt of the above Notice of Acceptance of the Bid Proposal is hereby acknowledged 'on this
day of , 1997.
BY:
Title
NOTICE OF AWARD
00130-1
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SECTION 00135 - AGREEMENT
.t;j ri
THIS AGREEMENT, made on this ~ day of ~ U <1.1998, by and between the
AUGUSTA-RICHMOND COUNTY COMMISSIO , hereinaft:lcalled the OWNER, and U.S.
Filter Distribution Group, Inc. , doing business as a corporation, hereinafter called the
CONTRACTOR.
WITNESSETH: that for and in consideration of the payments and agreements as hereinafter
mentioned:
1. The Contractor will commence and complete construction of North Clarifier Modifications
- Messerly Wastewater Treatment Plant, Augusta-Richmond County, Georgia.
2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10)
calendar days after the date of the Notice to proceed and will complete same within 180
calendar days unless the period of completion is extended otherwise by the Contract
Documents.
4. The Contractor agrees to perform all work described in the Contract Documents for the sum
of Three Hundred Twenty Six Thousand Seven Hundred and Twenty One Dollars
$326.721.00.
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids
Information for Bidders
Proposal
Bid Bond
Notice of Award
Agreement
Performance/Payment Bonds
Certificate of Owner's Attorney dated
Notice to proceed
Change Order
General Conditions
Supplemental General Conditions
Special Conditions
Technical Specifications
Drawings
Addenda: No. (None)
,1998.
6. . The Owner will pay the Contractor in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. All ",onlos not pais whon S"O as pF9vIEloEl In l~o COAoral ConEllllons shall Boar IAlcFC3I at cf
tfic rote of 1,0% per~ No interest shall be paid on retainage,
8. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, successors and assigns.
AGREEMENT
00135-1
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"
IN WITNESS WHEREOF, the parties have executed or caused to be executed by their duly
authorized officials, this Agreement in four (4) (Number of copies), each of which shall be
deemed an original on the date first written above.
By:
Title : Mayor
r/4/kk
~
Thin doeumenl tpplOYtd as
~ie~~
Gilley ar'Pi-
CONTRACTOR: U. S. Filter Distribution Group, Inc.
By: t/~ dtIt--
Name: Wandell Hobbs
Type or Print
Title: Contracts Officer
AGREEMENT
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Name: I ~ 'j':. .B~;~dG
Title: C~K:.. tJ.f Clmm1S6,oN
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Attest
a-4~~
Name: Peggy Roberson
Type or Print
Address: P. O. Box 1419
Thornasvi11e~ GA 31799
Title: Contracts Secretary
00135-2
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SECTION 00120 - BID PROPOSAL
AUGUSTA-RICHMOND COUNTY COMMISSION
MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
PROJECT TITLE: NORTH CLARIFIER MODIFICATIONS
MESSERLY WASTEWATER TREATMENT PLANT
AUGUSTA-RICHMOND COUNTY, GEORGIA
BID ITEM NO.: 97-150
Gentlemen:
The undersigned Bidder, herein referred to as singular and masculine, declares the
following:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the contract documents,
including the drawings and specifications;
3. He understands that information relative to existing structures and underground
utilities as furnished to him on the drawings, Contract Documents or by the
Augusta-Richmond County Utilities Engineer/Director, carries no guarantee
expressed or implied as to its completeness or accuracy and he has made due
allowances therefor;
4. ~ He has made a personal examination of the site of the proposed work and has
satisfied himself as to the actual conditions and requirements of the work;
5. He agrees to hold the Owner harmless for accidents or damages to property;
6. He will comply with all State and Federal regulations pertaining to but not limited to
asbestos containing material removal and disposal, regulations regarding disposal
of all debris and OSHA requirements;
7. He will complete the work in a timely manner. The required time of completion is
indicated in the Bid Proposal Form;
8. He will maintain the site as clean as possible by not allowing debris to accumulate
before making trips to his disposal site. Materials sold for salvage shall not be
accumulated on the project site.;
9. He will not burn any materials on site without written approval from proper
authorities;
BID PROPOSAL
00120-1
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'-4 1 -1 9-1 997 3: 35P:,1
FRO\1 ARC DURCHAS i r.JG 7(:1682 I 281 1
P. ~
10. He will furnish the Owner with a detailed schedule of demolition and removal,
including disposal sites, names of all subcontractors, State and local license
information;
and hereby proposes and agrees to furnish all materials, labor. skill, equipment. tools,
and other things of every kind and description specified, needed or used for the complete
execution of all work covered by and in conformity with the Plans. specifications, and
other Contract Documents prepared by Freeman & V~w9hn Engineerin9. Inc.. Consulting
Engineers and all Amendments and Addenda thereto. for1he sums hereinafter stated.
LUMP SUM PRICES:
The undersigned agrees to provide all labor, materials, and equipment necessary to
perform the work described in the plans, specifications, addenda, etc., all of which
comprise the project manual, for the lump sum price of:
Three Hundredl
Six Thousand Sev~~ Hundred Twenty One [QllaTs
DOLLARS $3:46. i 21
~~J6
The following are designated as major material items to be furniShed under the North Clarifier
Modifications, The bidder must bid One of the listed materials by extending the cost to the Base Bid
Column and circling the appropiate type, Bidder must also provide pricing for other listed materials shown
in the prOP;Qsal or his bid may be considered non-resoonsive.
Item Description Launder Type Installed Base
Cost Bid
1. Effluent Launders, Wetr
Plates ~nd Scum Baffle.
A, Base Bid Aluminum Lilunders wI
Aluminum or FRP weir Plates 3.l.6 , 721
& Baffles "jib.
F'RP Launders wf FRP weir NO BID
Plates & Baffl~$
B. SubstiMe: N/A, N/A
The undersigned agrees that this Proposal may not be revoked or withdrawn after the
time is set for the opening of bids but shall remain open for acceptance for a period of
sixty (60) calendar days folloWing such time.
BID PROPOSAL
00120-2
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UNIT PRICES:
The following unit prices will be used for additions to the work specified under the LUMP
SUM PRICE in the Bid Proposal;
1.
Replacement of Damaged Anchor
Bolts (per detail on drawings)
$ 33. 76
per Each
In case the bidder is given in writing by mail, telegraph, or delivery the Notice of
Acceptance of the Bid Proposal within sixty (60) days after the time for the opening of
bids, the undersigned agrees to execute within ten (10) calendar days a Contract (Form
of Agreement between Contractor and Owner) for the work for the above-stated
compensation and at the same time to furnish and deliver to the Owner a Performance
Bond, Payment Bond, Certificate of Insurance, and Contractor Certification forms in
accordance with the instruction bound in the Project Manual.
The undersigned agrees to commence actual physical work on the site with an adequate
force and equipment within ten (10) calendar days from the date to be specified in the
Notice to Proceed from the Owner and to complete fully all work within 1.8.Q..calendar
days. It is also agreed that 18 days are included in the specified contract time for
adverse weather days as per Article II of the Agreement.
Enclosed herewith is a Bid Bond in the amount of 10%
DOLLARS ($ 10% ) being not less than 10% of the Base Bid. The Bid
Bond must be submitted on the required form provided with the Invitation to Bid.
If this Proposal is ac~:!pted within sixty (60) days after the date set for the opening of bids
and the undersigned fails to execute the Contract within ten (10) calendar days after
receipt from the OWNER/Engineer, or if he fails to furnish both a Performance Bond and
Payment Bond, the obligation of the Bid Bond will remain in full force and effect and the
money payable thereon shall be paid into the funds of the Owner as liquidated damages
for such failure; otherwise the obligation of the Bid Bond will be null and void.
This Bid Proposal is respectfully submitted by:
U. S. FILTER DISTRIB1.ITION GRCUP, INC. (DAVCO)
Bidder (Print Name)
tJ~ <<WI-
Signature (Owner, Partner or
Corp. Officer)
W.A!\JDELL HOBBS
CONTR~CTS OFFICER
Title
If Corporation, affix seal here
1823 ivlETCALF A\lE1'illE
THQ\lASVILLE, GA 31792
Address
1:800: 841-1550
Telephone Number
* SEE CLARIFICATIONS ON ATTACHED
WARRA1\J1Y & INDEMNIFICATION.
(SEAL)
BID PROPOSAL
00120-3
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~ECTION 00125 - FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, u.s. Filter Distribution
Group, Ine. (Daveo), as Principal, and Amer:Lcan Home AssUrance Company: I as Surety,
are held finnly bound unto Augusta-Ric~mond County Commission, as Owner, in the
penal sum ot Ten perc:ent of AmOuntB1d DOLLARS ($ 10%-- ),
for the payment of which, well and truly to be made, we hereby jo;ntlyand severally bind
ourselves, our heirs, executors, administrators, successors and assigns. .
Signed, this 14th
November
day of . 1997.
The condition of this obligation is such that whereas the Principal has submitted to
Augusta-Richmond County Commission, a certain Bid, attached hereto and hereby made ..
. a part hereof to enter into a contract in writing for the construction of Bid 197-150, North Clar1f1er
Modifications - Messerly Wastewa~erTreatment Plant
NOW, THEREFOR,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract
in the Form of Contract attached hereto (proper1y completed in accordance with
said Bid) and shall furnish a bond for his faithful performance of said contract, and
for the payment of all persons perfonning labor or fumishing materials in
connection therewith. and shall in all other respects perform the agreement created
by the acceptance of said Bid, then this obligation shall be void, otherwise the
same shall remain in force and effect; it being expressly understood and agreed
that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
surety and its Bond shall be in no way impaired or affected by. any extension of time within
which the Owner may accept such Bid; and said Surety does hereby waive notice of any
such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands
and seals, and such of them as are corporations have caused their corporate seals to be
hereto affIXed and these presents to be signed by their proper officers, the day and year
first set forth above.
u.s. Filter Distribution Group, Inc.
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TOiruny(Pdias'~~lkehab /Retrofi t Sales Rep
American Home Assurance Company
SEAL
FORM OF BID BOND
(s~rety)/ I \ .
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,Mpchelle Larkin
(Attomey in Fact)
00125-1
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All-Purpose
Certificate of Acknowledgement
MMLA-I024-B
State of California
County of Los Angeles
}
On
November 14, 1997
Date
before me,
Amy Wolfe, Notary Public
TITLE OF NOTARY PUBLIC
personally appeared
Mechelle Larkin
Witness my hand and official seal,
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Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent.
reattachment of this form,
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s '.' Commission # 1129728 1
, ! · Notary~_CoItorrIo I
. Los Angeles County -
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NAME(S) OF SIGNER(S)
o - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislher/their
authorized capactiy(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
X personally known to me - OR
'CAPACITY CLAIMED BY SIGNER
o Individual(s)
o Corporate
o Office(s)
DESCRIPTION OF ATTACHED DOCUMENT(S)
TITLE(S)
o Partner(s)
X Attorney-in-fact
o Trustee(s)
o Subscribing witness
o Guardian/Conservator
o Other:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Home Assurance Company
,.\ III C ri"C:lll I-J 0 m e Ass u ra II cc Com pall Y
;\'ational Union Fire Insurance Com pan)' of Pittsburgh, Pa.
Principal Bond OlTice: 7.0 Pinc Str<~et. New York, N.Y, 10270
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PO\VER OF .-\ TTORNEY
No. 05-B-O.j()<).j
KNOW ALL MEN BY THESE PRESENTS:
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That American Home Assurancc Company, a Ncw York corporation. and N:llional Union Firc Insurancc Company 01' Pittsburgh,
Pa.. a Pennsyh'ania corporation, docs each hereby appoi'nt
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---Cesar F. Ja,'ier, Laurette Stang, Maria Escohar, John T, Lettieri, Linda Enright, i\lcchelle Larkin:
of Los .-\ngcle.~, California-
its {rue and lawful Al[orney(s)-in-Fact. with full authority to cxccute on its behalf bonds. underl:lkings, recogniz;lnces and olher
contr~lcts of indcmnity and writings obligatory in the nature thereof, issued in the course of its business: and 10 bind lh<.: respecli\'<,:
COIllP;II\Y thercby.
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1\ WITNESS WHEREOF, Amcrican Home Assurance Company and National Union Fire rnsurance Company of Pil[sburgh. Pa.
h~IVC each executed these presents
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ST.-\ TE OF ;\EW YORK I
COUNTY OF NEW YORK lss.
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this 5th da\' of t\hrch, l <)1)7.
~'" P "OOL Peesidenl
National Union Fire Insurance COlnpany of Pil[sburgh, PA.
Executive Vice President
American Home Assurance COlllp:ln\"
/' 1~..
~ {{eat ",JG:7 '1:6
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On rhis 51h Jay of March, 1997 hc.:torc: me c:Jrne the :Jbo,"e-
n:II!1eJ otli..:er 0" f\Illt:ri..:an Home I\ssuwn..:e Company anJ National
(Iniun Fire..: InslIran..:e Company ot' Pittsburgh, Pa., to me personally
knO\\l1 to be..: the inJi viJual anJ ot1i..:e..:r Jes..:ribc..:J he..:rein, anJ
a..:kno\\"kuge..:t! that he e.'\e..:~uteJ the t'ore..:going instnlment anJ al1i.'\eJ
tile..: se..:;t1s or' s;JiJ CDrpor:Jtions therdo by :JIHhority at' his o 11 i..: <.:.
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CAiiOL RAGA8
Notary Puolic, Sta!'3 of New York
No. 01 RAS0520 11
Oualifip.d in Kir.g~ COlJ"ty q/' ~
Commission =<;:;ires i\:ov. 13, J2.!L I
CERTIFrc.-\ TE
1:.'\"::':lpI.S ot' Re..:so!utions aJopl<.:J by th<.: f30arus ot' Dire..:..:tors of Ameri..:an 1 [ome :\ssurall..:e Company ant! Natiou:d lJnioll Fire..: I n:illf: I 11"::': l'OIUP:lli\'
o( i 'ltl.sburgh, P:l. on May I S, I 'J7G:
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"'RESOL \'EO, th:lt tlte Cltainnan at' th,; f3oarJ, the Pre..:siJeilt. or :my Vi..:e PresiJ:.:nt be. :lllJ he..:reby is, aUllturize..:d to appoint :\tt(Jnle..:y:,-in-F:I..:t to
re..:pr:.:,;e..:nt :lnJ ad lor anJ on be..:h:t1I' ot' the Company to e.'\e~utc bonds, unJertakings, reeognizan..:es anJ otlt<.:r ..:ontrads of inde..:rnllily and \\Tilillgs
ublig:l!llry in the nature tlie..:reof. and to iJ.{t;Jeh thereto th..: corporar..: s..:al ot' tlle..: Company. in th..: transaction at its sure..:ry business;
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"' R ES 0 L \' EO, thaI th<.: sign.1lures ;lIlJ Jtte..:s[:ltions ot'such olli..:ers ;lJIJ th.: se:J1 ot' th<.: Company may he..: atli.'\eJ to any su..:h Po\\"..:r at' i\t tomey or In
:111\' ..:e..:nili"::lle..: re..:I;lling. rh..:rdo by 1:lesimik. allJ allY suc..:h Pow<.:r at' i\!tomey or ..:e..:nili..:atc be..::lrillg su..:h t'acsimik signatur..:s or 1:I..:simik ';c'al ,sh:dl
be..: ...:dit! anJ hinJing upon the Company whell so alli:\<.:J \\ith respect to any bonJ, umkrt:Jking. recognizance or otlte..:r ..:ontr:l..:l ot' inde..:lIlnirv or
\\Tiring obligatory in th<.: nalure th<.:reot',.
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"'r<ESOLVED, rhat JIlY such f\ttome..:y-ill-Fa~r J<:livering a secretarial cenili":Jtioll that the foregoillg r<.:,;olution;still b<.: in e..:t1~..:r ClI:IV in.,e..:rl ill .sl/..:h
..:e..:nj li..:alion the d:l(e the..:reot', saiJ Jate..: to be not /;Jtcr thall rhe Jare at' Jeli ,"cr:' t he..: re..:o l' by sllc..:h t\ttortley-ill-Fa..:r."
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l. Uizabe..:th ~,l. Tll~k, S..:..:rdary of .'\m,;ri~;ll\ Home..:' ,'\SSllr:Ul..:e COll1pany allJ of N:ltional Uniol/ Fir<.: [lIsurJII":<.: CO/llpallY of f'ittsbuq;h, 1';1. Jo
Ib.:r-:b:- ..:enit~, that the foregoing e:\cerpts of R:.:solurlolls aJoptcd by the 130arJs of Dire..:elors of thes<.: ..:orpor:llinn,;, al/J lhe.: Po\\e..:rs o( !\tlllrtle..:\'
j';.'ll.:J !\\lr311:11H {herdO, :lre true ant! .;orre..:~t, anJ that r>nth the [~esollltion,; alld the Powe..:rs of :\tlnrtle..:y are..: in !idl (,\r..:.: :II/d c..:ll'.'l"L
I.' WI1','E5S WIIEREOF, [h:lve h<.:r<:tlilto sc.:t ill\" hand :lnJ :111i.'\eJ th<.: t~l..:sill1ilc..: se..:al ofea..:h ..:orporation
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(,~I(,(,(.j,<)6)
rhi., 14th J:tV o(
November . I')
97
~ fu ./f~
Eliz:lbelh 1\-1. Tuck, S.;cret:lry
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. . -DAveo
CUSTOM CARE WARRANTY
SERIAL NO,
U.S, FilterlDavco warrants that all components of the equipmem manufactured by U,S, FilterlDavco are free from
defects in material and workmanship. If the equipmem is erected by U.S. Filter/Davco at the jobsite. U.S. Filter!
Davco warrants that such erection is free from defects in material and workmanship, These warranties shall be
valid for a period of one year from date of acceptance of the equipment. or eighteen months from date of
shipment of the equipment. or from date erection work is substantially complete. or if stored by U,S, FilterIDavco,
for a period not to exceed eighteen months after invoice date, whichever occurs tirst. These warranties shall be valid
only if the equipment is properly serviced and operated under normal conditions and in accordance with the written
instructions of U,S, Filter/Davco, IT IS EXPRESSLY AGREED THAT THE FOLLOWING IS BUYER'S EX-
CLUSIVE REMEDY FOR BREACH OF THESE WARRANTIES: THE SOLE OBLIGATION OF U.S. FILTER!
DAVCO, UNDER THESE WARRANTIES, IS LIMITED TO THE REPAIR OR. AT ITS OPTION. REPLACE-
MENT OF ANY COMPONENT PART MANUFACTURED BY U.S. FILTER!DAVCO WHICH PROVES, UPON
EXAMINATION BY A REPRESENTATIVE OF U.S. FILTERJDAVCO. TO HAVE BEEN DEFECTIVE ORIGI-
NALLY. DEFECTIVE PARTS MUST BE RETURNED BY THE PURCHASER OR OWNER TO U.S. FILTER!
DAVCO, IN THE EVENT OF A BREACH OF ERECTION WARRANTY. THE SOLE OBLIGATION OF U.S,
FILTERlDAVCO IS LIMITED TO THE REPAIR OF SUCH DEFECTIVE MATERIAL OR WORK:\lANSHIP,
As a part of providing such remedy, U,S. Filter/Davco will provide labor as required to replace, repair or modify, at
U,S. FilterlDavco's option. the following major components: Basic steel structures, primary pumps and major
piping and valve assemblies. Except for labor provided under the preceding sentence. the cost of all labor and any
other expenses resulting from replacement of defective pans and from installation of parts furnished under this
warranty shall not be covered by this warranty.
U,S, FILTERlDAVCO IS NOT RESPONSIBLE FOR ANY INCIDENTAL. CONSEQUENTIAL. OR OTHER
DAMAGES WHATSOEVER, IN NO EVENT WILL U,S. FILTERlDAVCO'S LIABILITY TO PURCHASER
EXCEED THE PRICE OF THE DEFECTIVE EQUIPMENT OR THE CONTR,-\CT PRICE OF THE ERECTION
WORK. IT IS AGREED AND UNDERSTOOD THAT THE PRICE STATED FOR THE EQUIPMENT HEREIN
DESCRIBED IS A CONSIDERATION IN LIMITING U.S. FILTER!D,WCO'S LIABILITY, IT IS SPECIFI-
CALLY AGREED THAT THE EXCLUSION OF DAMAGES [S NOT LINKED TO THE VALIDITY OF THE
LIMITATION OF REMEDIES HEREIN AND THAT THEY ARE SEPARATE AND DISTINCT.
THE FOREGOING WARRANTIES SHALL BE IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER,
EXPRESS, IMPLIED OR STATUTORY. INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
These warranties are conditional. and do not apply in any of the follO\\iing instances:
(I) To items that must be replaced because of nonnal wear, such as (without limitation) pump seals,
packing. belts, light bulbs and grease: or
(2) To items that have been subject to misuse, neglect or lack of maintenance: or
(3) To products that have been repaired or altered outside of U,S. FilterlDavco's factory without written notice
to, or written authorization from U.S. FilterfDavco: or
(4) To products which are not staned up by U.S. FilterfDavco's representatives within sixty days (60) days after
delivery to the job site, unles, ,pecial instructions are requested from U.S. Filter/Davco in writing before the
above sixty (60) days have expired: or
(5) To items that have been damaged or adversely affected by the neglect or lack.of care and
protection of the equipment by the purchaser prior to start-up: or
(6) To items that have been damaged, or are missing, after delivery to the job site.
PO, BOX 1419 - THOMASVILLE, GEORGIA 31799-1419
(912) 226-5733
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U S ------
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U.S. FILTER/DAVCO
1828 METCALF AVENUE TELEPHONE 912-226-5733
THOMASVILLE. GA 31792 FACSIMILE 912-228-0312
Indemnification
Subcontractor shall indemnify, defend and hold Augusta-Richmond County Commission, client and
their respective officers, agents and employees harmless from and against all liabilities, damages,
losses and expenses incurred by Contractor as a result of Claims by third parties arising our of the
Subcontractor's sole negligence in the performance of Subcontractor's obligations hereunder
("Claims"), provided that, Contractor shall not be entitled to such defense and indemnification if the
subject Claim is brought one year after the date of this agreement or if Contractor fails to (1) give
Subcontractor prompt and timely notice in writing thereof, or (II) provide reasonable cooperation
and assistance in the defense. In the event a Claim is brought, Contractor agrees that Subcontractor
shall have the sole authority for the direction of the defense and shall have the sole authority to
negotiate and agree to any compromise or settlement of any Claims.
The aggregate liability of Subcontractor arising our of the performance or nonperformance of its
obligations under or in connection with this agreement, including any Claims for indemnity shall not
exceed an amount equal to $336,721. In no event shall Subcontractor be liable for damages for loss
of profits or revenue, the loss of use of the facility in which the subject equipment is located, or
incidental, special or consequential damages of any other kind of nature. The provisions of this
paragraph shall prevail over any conflicting or inconsistent provisions contained elsewhere in this
agreement, except to the extent that such conflicting or inconsistent provisions act to further restrict
or reduce Subcontractor's liabilities under this agreement.
1-
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AIU Insurance Company
"AmeriCan' Home Assurance Company
Granite State Insurance Company
The Insurance Company of the State lof Pennsylvania
National Union Fire Insurance Company of Pittsburgh. Pa.
New Hampshire Insurance Company
. e W,.o.;..
,.IL.' Bondmg
American International Companies
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Principal Bond' Office
70 Pine Street New York. N.Y. 10270
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PERFORMANCE BOND
(AlA 311)
EXECUTED IN FIVE COUNTERPARTS
KNOW ALL MEN BY THESE PRESENTS:
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That
,u. S. Fi1 t.er Distribution Group, Inc.
(DAVCO)
. as Principal, and.
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American Home Assurance Company
, as Surety, are held and firmly bound
unto
Augusta-Richmond County Commission
, as Obligee, in the sum of
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Three Hundred Twenty Six Thousand Seven liundred Twenty One and 00/10900Ilars
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($ 326,721.00 ), for the payment' of which sum. well and truly to be made, the Principal and Surety bind themselves. their
heirs, executors. administrators, successors and assigns, joi~tly and severally, firmly by these presents.
WHEREAS. The Principal has entered into a written contract dated
January 6, 1998
with the Obligee for
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Bid No. 97-150, North C1ar.ifier MOdifications - Messerly Wastewater Treatment Plant
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in accordance with drawings and specifications prepared by
R/A
which contract is by reference made a part hereof, and is hereinafter referred to as tne Contract.
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NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall pr~mptlY and faithfully perform said Con-
tract. then this obligation shall be null and void; ,otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Wheneller Contractor shall be, and declared by Owner.to tie in default" under the Contract"the Owner having performed Owner's obligations
thereunder. the Surety may promptly remedy lhe default, or shall promptly-
1. Complet~ the Contract in accordance with' its terms and conditions, or
.2. Obtain abid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the
lowest"responsible bidder, or, if the Owner elects, upon'determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a
successionot'defaults under tl)e contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price; but not exceeding, inclUding other costs and damages for which the Surety may be liable here-
under, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph,shall mean the
total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount pro/ler.ly.paidlJy Owner to
Contractor.. . < . '. . . . ~4"'" '" \ ~ .,,{;:~ ~ ".
Any suit under this bond must be instituted before the expiration of two (2) years 'from the date on which fina\~ymer.t under th;;"SO~....
tract falls due. . ?~' ~' ,.....; _ 1-;' \~ ~
. ":-~~, ~ 'l...~ ~ ~ _
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owmir:;;;IIn'!:rl hel~in oj the"heirs, =
executors. administrators or successors of Owner. .:,.~ '...., .:...... ':"i' t7!' \ . ::
;....-":\.:-. r"" -' I''Y ; ::
-:0 ~ .t7'~ ....,.,t ~ _-~.t:::::2
\\..,,~ _ .J:J - r:-, $"
~..,,/ q- - -.. '=:.'~
~~ - ,.,.....,..."'.. ,....
u. S. Filter Distribution Gro~p,: -inc-j;~"'(~AVCO)
L~ ;Z'" .
Wandell Ho4ntracts Officer
American Home Assurance C~mpany
Signed. sealed and dated
January 21, 1998
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C2 c:jl,/~
~ (Witness)
(Seal)
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(Title)
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GEORGIA RESIDENT AGENT COUNTERSIGNED
BY:
O~~k
/ . ,
19-15-14
I.
, Bond No.
<,
By
Meche11e Larkin
w:lJ
;- -
33110 (3/84)
Attorney,ln-Fact
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A.lI-Pur.pose
Certificate of Acknowledgement
MMLA-I024-B
State of California
County of Los Angeles
}
On
January 21, 1998
before me,
Amy Wolfe, NotmyPublic
TITLE OF NOTARY PUBLIC
Date
personallyappear~
Mechelle Larkin
Wim~
. SIGNATVREOFN TARY -----
Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent
reattachment of this form.
J..-.................-.-"'''''-A>....G....Do..&-..4Il....A..
@......AMYWOlFE
- . Commission # 1129728 1
i . -. Notary PubHc - California ~.
~ Los Angek)s County l
. MYComm,ExpIn3sMar21.'.~1
- ......- """"......--.. ...;;I. ...... ..., ..... _. - .- .
NAME(S) OF SlGNER(S)
o - proved to me on the basis of satisfactory evidence to be the person(s} whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that helshe/they executed the same in hislher/their
authorized capactiy(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
X personally known to me - OR
CAPACITY CLAIMED BY SIGNER
o Individual(s)
o Corporate
o Office(s)
DESCRIPTION OF ATTACHED DOCUMENT(S)
TlTLE(S)
o Partner(s)
X Attorney-in:'fact
o Trustee(s)
o Subscribing witness
o GuardiallJConservator
o Other:
/'
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Home Assurance Company
"
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I ~r1--. WorldMde .
, ,.IL · , Bonding
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American International Companies,
PRINCIPAL BOND OFFICE
70 Pine Street
New York, N.Y. 10270
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LABOR & MATERIALPAVIVIENT BOND
(AIA311)
, KNOW ALL ME.N BY THESE PRESENTS: EXECUTED IN, FIVE' COUNTERPARTS
That
u.S.' Filt~ Distribution, Group,: Inc.' (DAVCO)
. as Principal. and
American, Home AssUrance Company
. as Surety, are held and firmly bound
unto
Augusta-Richmond County Co~ssion
, as Obligee, in the sum of
,Three. Hundred' Twenty' Six 'Thousand' Seven' Hundred. Twentv One and OO/lOChollars
($ 326, 72L<l.~'_, .
), for t~e payment of which sum;wefl and truly to be made. the Principal and Surety bind themsel'yes. their
heirs, executors. administrators, sllccessors and assigns, jointly and severally, firmly by these presents.
, WHEREAS, The Principal has entllred into.,lI written contract dated
January 6, 1998
with the Obligee for
Bid No. 97-150, North Clarifier' Modifications
Messerly Wastewater Treatment Plant
, in accordance with d~awings and specifications prepared by NIA
which contract is by reference made a part hereof. and is hereinafter referred to as the Contract.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation
shall be void; otherwise it shall remain. in full force and effect, subject. however, to the following conditions:
1. A claimant is defined as one having a direct contract, with the Prin'cipal or with a Subcontractor of the Principal for labor. material, or
both. used or reasonably required for use in the performance of the Contract, labor and material' being construed to include that part of
water. gas. power. light. heat. oil. gasoline. telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has
not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimarit. prosecute the suit
to final judgment for such sum O/' sums,as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit,or action shall/be commenced hereunder by any claimant: ,
a) Unless_~laimant.other than one having a direct contract with the Principal, shall have given written notice to any two ot the following:
The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work
or labor, or:furnished the last of the materials for which said claim is made. stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were furnished, or forl(llhom the work or labor was done or pe'rformed. Such notice shall be
served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal; Owner or Surety,
at any place where an office i!; regularly, maintained for the transaction of business, or'served in any manner in whLch';'~g31;prj)';ess may
be served in the state in which the afores!lid project is located. save that such service need not be made by a public,-office';,) '.. ':':,~ ~,
b) After the expiration of one (1) year fOllowing the'date on which Principal ceased Work on said Contract.,it~~ei~'understood. hd~;::- )
ever, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereo'fs,iC'h;'limitation sha!f;b:, ;.,
deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. ' € 8' 2~~:;p. 'l':" -.s-',
c) Other than in a state court elf competent jurisdiction in and for the county or other pol itical subdivision of ,ilie:~tate'in which;i:,e Pro;..... ~
ect. or any part thereof. is sitljated, or in the United, States District Court for the district in which the Project;"'or~:'lY p'ilri'tl~reG'~.is' . _
situated. and not elsewhere. .\.~;;, ~r., '';'/ 'fT':~~
-.. ~ ...7',iJ"^ " .. ........ ~
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faitn~JjE!n:iu,ndi:!r; incl.usive~of ~
the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not c1sim/for- ~he amount of.l
such lien be presented under and against this bond. ' ,-'~. j !;',:,', ';. "",
~~01'~.~~>::":_ ..._~,~..,'t;,
Signed, sealed and dated
January 21, 1998
u.S. Filter Distribution Group, Inc. (DAVCO)
(Se.!'Il,
GEORGIA RESIDENT'AGENTCOUNTERSIGNED-
9~~ ~ 'GAA'--
Judy Gay era .
L LLW ;/;;""
'~andell Hobbs/Contracts Officer
Am9:l'ican Home Assurance Company
(Title)
BY:
.~)
Mechel'le Larkin, Attorney-in-Fact
Bond.No. 19-15-14
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AII-Pu~pose
Certificate of Acknowledgement
MMLA-I024-B
State of California
County of Los Angeles
}
On
January 21, 1998
before. me,
Amy Wolfe, Notary Publ~c
TITLE OF NOTARY PUBLIC
Date
personally appeared
Mechelle Larkin
Wim~
S NATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent
reattachment of this form,
~~~~~l
- - . coo::OO ~29728 2-
i .... Notary PublIc - CalIfomIo ~
i Los ~Colny j
MyComm. ExpIresMar21:~X)l .
_ 1iW'",.,..-"~~~",,~~___~
NAME(S) OF SlGNER(S)
o - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that he/she/they ~xecuted the same in hislher/their
authorized capactiy(ies), and that by hislher/their signature(s)
- on the instrument the person(s), or the-entity upon behalf of
which the person(s) acted, executed the instrument.
X personally known to me - OR
CAPACITY CLAIMED BY SIGNER
o Individual(s)
o Corporate
o Office(s)
DESCRIPTION OF A TT ACHED DOCUMENT(S)
TITLE(S)
o Partner(s)
X Attorney-in-fact
o Trustee(s)
o Subscribing witness
o Guardian/Conservator
o Other:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Home Assurance Company
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American Home Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
flril'lcipilJ' Bond Office: 70 Pine Street, New York, N,y' 10270
POWER OF ATTORNEY
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No. 05-B-0409-l
KNOW ALL MEN BY THESE PRESENTS:
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That American Home Assurance Company, a New York corporation, and National Union Fire Insurancc Company of Pittsburgh.
Pa., a Pennsylvania corporation, docs each hereb)' appoint
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---Cesar F. Javier, Laurette Stang, Maria Escohar, John T. Lettieri, Linda Enright, Mechelle Larkin:
III' Llls Angeles, California-
its tr1JC and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respecli\'e
compan)' thereby,
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IN W ITN E55 WII E REO F. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
h:lve each executed thesepresents
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this 5th day of March, 1997.
4Cm P ":OS;d''''
National Union Fire Insurance Company of Pillsburgh, PA.
Executive Vice President
American Home Assurance Compan\"
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ST.-\TE OF NEW YORK }
COUNTY OF NEW YORK }ss.
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On this 5th day of March, 1997 hdore me came the above-
named ol1ieer of American Home Assurance Company and National
lInion Fire Insurance Company of Pittsburgh, Pa" to me personally
knO\\l\ to be the individual and ol1icer described herein, and
acknllwkdged that he executed the foregoing instrument and al1ixed
the seals of said corporations thereto by authority of his ollice.
CAROL RAGAB
Notary Public. Slate of New York
No 01 RA50520 11
Oualified in Kings County , -::J-
Commission Ex~ires Nov. 13. JJ!L f
(ieJ~a ,1,6
()
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CERTIFICA TE
I:.\eerpts of Resolutions adopted by tht: Boards of Directors of American Home Assurance Company and National Union Fire Insurant:e Companv
ot' I'itlsburgh, Pa. on May 18, 1976:
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"R ESOL VED, that the.: Chainnun of the Board, the Pre.:sid..:nt, or any Vice Prt:sident be, und here.:hy is, authorizt:d to appoint i\ttomeys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity anll \\Titings
obligatory io the'nalure.: thc.:rc:of, and to attacb thc.:rdo the corporate sc.:al ofthc.: Compan)", inthc.: transaction of its surdy businc.:ss:
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"R ESOL VE D, that the signatures and attestations of such otlicers and the st:al of the.: Company may be alli.\e.:d to any sud\ Powe.:r of I\nome}" or to
,111\' certificate relating thereto by lilcsimile, and any such Power at' I\ttomeyor certilicate bearing such 1:lcsimik signatures or facsimile seal shall
be valid and binding upon the Company when so al1i.\ed with resp..:ct to any bond, undertaking, re.:cognizance or other contract of indemnity or
\\Titing obligatory in the.: natur..: thereot';
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"RESOLVED, that any such Attomey-in-Fact delive.:ring a secretarial certilication that the t'oregoing resolutions still be in et1'eet may insert in.sllch
certil-lCation tht: date thereof, said date to be not later than the date of delivery thereot'by such Atlomey-in-Facl."
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I, Elizabeth M. Tuck, Secretary of American Home AssuranceColilpany and ot' National Union Fire Insurance Company 01' Pittsburgh, Pa, dt}
herebV' certify that the foregoing e.\cerpts of Resolutions adopled by the Boards of Directors ot' these corporations, and the Powers of ;\Ilon\cv
is,sued pursuant thereto, are tl1le and correct, and that both the Resolutions and the Powers of i\ttom..:y are in fulll(lI"L:e ,md clkel.
IN WITNESS WHEREOF, r have her,:unto set my hand and atlixed the 1:lcsimile seal of each corporation
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this 21st lbv 01' January
,1')~8
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k ./(~
Elizabeth M. Tuck, Sccrct:\!).
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(.51(,G (.\!%)
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgi~
SECTION 00150 - CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned , the authorized and acting legal
representative of Augusta-Richmond County Commission do hereby certify as follows:
I have examined the attached Contract(s) and Surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties ttlereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing the .
same in accordance with the terms, conditions and provisions thereof.
Date:
CERTIFICATE OF OWNER'S ATTORNEY
00150-1
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F&V Project No, 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 00155 - NOTICE TO PROCEED
TO: Date:
Project:: North Clall"ifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
You are hereby notified to commence work in accordance with the Agreement dated
, 1997, within ten (10) calendar days following this date, the date first
written above, and you are to complete the work within One Hundred Eighty (180)
consecutive calendar days after the. date of this notice. The date set for completion of all
work is therefor , 1997.
By:
Title:
Acceptance of Notice
Receipt of the above Notice to Proceed
is hereby acknowledged and the same is
hereby accepted on this day
of , '1997,
By:
Title:
NOTICE TO PROCEED
. 00155-1
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 00160 - AFFIDAVIT OF PAYMENT OF CLAIMS
(CONTRA~TOR) THIS DAY
appeared before me, , A Notary Public, in and for _
, and being by me first duly sworn states that all subcontractors and
suppliers of labor and materials have been paid all sums due them to date 'for work
performed or material furnished in the performance of the contract between:
(OWNER) and
, 19_, for the construction of
(CONTRACTOR), dated
\
CONTRACTOR
BY:
TITLE:
DATE:
SEAL OF CONTRACTOR
(If a Corporation)
Subscribed and sworn to before
_dayof ,'19~.
My commission expires on the _ day of
.19_.
NOTARY PUBLIC
(NOTARY SEAL)
AFFIDAVIT OF PAYMENTOF CLAIMS
00160-1
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 00170 - CEIRTIFICA TE OF INSURANCE
This is to certify that
of
(Insurance Company)
has issued policies of insurance, as identified
(Insuran~Co. Address) .
by a policy number to the insured name below, and that such policies are in full force and
effect at this time. Furthermore, this is to certify that these policies meet the requirements
described in the Special Conditions of this contract; and its agreed that none of these
policies will be canceled or changed so as to affect this Certificate until ten (10) days after
written notice of such cancellation or change has been delivered to
(Client & Client Address)
1. INSURED
2. ADDRESS
3. PROJECT NAME:
4. PROJECT NUMBER:
5. POLICY NUMBER(S):
(CONTRACTOR)
DATE:
INSURANCE COMPANY
ISSUED AT:
AUTHORIZED REPRESENTATIVE
ADDRESS
CERTIFICATE OF INSURANCE
00170-1
I_~~~~--
PRODUCER
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Marsh & McLennan, Incorporated,
4695 MacArthur Court
suite 550
Newport Beach, CA 92660
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN
THE POLICY, THIS CERTIFICATE OOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES LISTED HEREIN.
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COMPANY
LETTER
COMPANIES AFFORDING COVERAGE
A COMMERCE AND INDUSTRY INS CO
I14SURED
united states Filter Corp.
40-004 Cook street
Palm Desert, CA 92211
COMPANY
LETTER
B AMERICAN INTL SOUTH INS. CO.
COMPANY
LETTER
C AMER. INT'L SPECIALTY LINES IC
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~~NY D ARGONAUT INSURANCE CO
11X2~9~IIII:::?:II::I:::I::::::::::::::II:::::\::I:I\I::::::mI:::I:::::::::::::I\::':::::::::::?::'::::'::::':::::::::::::'I::::::::m:::::::::::::::::::::::::::::::::\:::::::11::::::::::::::::;:::::::;:::r:::::::,:::'::m::::::::::::::::::::::r::::::::::::::::::::::::::::::::rfr:::,:::::::::::,:,:::::,:::::::::,:rrmmr:::r::::::::r:mr:::::rI:::::::::r::rr::r;::::r::::::::::::::::::::@iiii@::@@@::@
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS
OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
POUCY EFfECTIVE
DATE PAM/DDfVY)
3/01/97
TYPE OF INSURANCE
POllCY NUMBER
P<X.JCY ElCPtRA T10N
DATE PAM/DDIVV\
3/01/98
UMIT8
ICO
lTR
IA GENERAL UABlUTY
f--
X COMMERCIAl GENERAl UABlllTY
f-=- !il ClAIMS MADE DoccuR.
f---
OWNER'S CONTRACTOR'S PAOT,
GLCM3409164
GENERAl AGGREGATE $
PRODUCTS-COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED, EXPENSE (Any one person) $
5000000
5000000
1000000
1000000
50000
5000
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f--
f--
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IIA ~TOM081lE lIABU.lY
IB X ANY AUTO
f-=-
All OWNED AUTOS
I--
I-- SCHEDULED AUTOS
~ HIRED AUTOS
~ NON-OWNED AUTOS
X Physical Damaqe
GARAGE UABIUTY
I--
CA5053114
CA'll'X5053115
3/01/97 3/01/98 COMBINED SINGlE UMIT $ 1000000
3/01/97 3/01/98
BODILY INJURY (per person) $
BODilY INJURY (Per accident) $
PROPERlY DAMAGE $
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AUTO ONLY EA ACCIDENT
$
ANY AUTO
f---
OTHER THAN AUTO ONLY
~t~~~tt~~~~tt~~t~~~~~~~~~~~~~~~~;~j~~~~~;~~~~~!
iji;~~~!~!t~~~~!j!!!!!i:~!j!!i~!~ifjittt!{t
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I--
f--
f--
EACH ACCIDENT
$
$
$ 5000000
$ 5000000
AGGREGATE
C EXCESS LIABlUTY
I !Xl UMBR8.l.A FORM
11 OTHER THAN UMBR8.l.A FORM
o WORKERS' COMPENSATION AND
EMPlOYERS UABUJTY
BE8190333
3/01/97
3/01/98
EACH OCCURRENCE
AGGREGATE
WC62584115479
3/01/97
3/01/98
STATUTORY UMITS X
EACH ACCIDENT
DISEASE POUCV UMIT
DISEASE EACH EMPLOYEE
1}:::::::t::::::::::Hiii:::::::::@:::::::::::::l::
$ 1000000
$ 1000000
$ 1000000
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OTHER
DESCRIPTION OF OPERATlONS/lOCATIONSf\lEHIClES/SPECIAlITEMS
I $1,000 Comprehensive and Collision Deductible $30,000 or less cost new.
$2,000 Comprehensive and Collision Deductible over $30,000 cost new.
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Augusta-Richmond
County Commission
Attn: Mayor
Municipal Building
Augusta, GA 30911
CANCELLATION
,
SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCelLED BEFORE THE EXPIRATION DATE.
THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAlL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAlL SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR lIABllIlY OF ANY KIND UPON THE INSURER AFFORDING
COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE.
MARSH & MClENNAN, INCORPORATED
BY:
t\\t.J~ A /) ~ ~ Shawn C, Doherty
VAlJD AS OF: fJ 2 0) 9 ff Marsn 6 MCLenn~n Inr
CERTlACATE HOLDER
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MM11 (8/85)
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SECTION 01001 - GENERAL CONDITIONS
01 - Definitions
,
Where used in the project manual. the following words and terms shall have the
meanings indicated. The meanings shall be applicable to the singular, plural, masculine
and feminine of the words and tenns.
AcceptanCEt. Formal action of the Owner in determining that the Contractor's work
has been completed in accordance with the contract and in notifying the
Contractor fln writing of the acceptability of the work.
Act of God. A cataclysmic phenomenon of nature, such as a hurricane, earthquake
or abnormal flood. Rain, wind. high water, or other natural phenomenon which
might reasonably have been anticipated from historical records of the general
locality of the work shall not be construed as acts of God.
Addenda. Supplemental written specifications or drawings issued prior to
execution of the contract which modify or interpret the proj~ manual by addition.
deletion, clclrificatiQn. or conections. .
.6kt. Offer of a bidder submitted on tl1e prescribed form setting forth the price or
prices of the WOI'k to be.performed. .
Bidder. Individual, partnership, corporation, or a combination thereof, including
joint ventures, offering ,a bid to perform the work.
Contract. The writings and drawings embodying the legally binding obligations
between the Owner and the Contractor for completion of the work; Contract
Documents attached to the Contract and made a part thereof as provided herein.
Contract Documents. The Contract, ~ddenda (which .pertain to the Contract
Documerits]l, Contractor's Bid Oncludirigdocumentation accompanying the Bid and
any post Bid documentation submitted prior to the Notice of Award). the Notice to
Proceed. the Bonds. these General Conditions, the Special Gonditions, the
Specifications and Drawings. together with all Written Amendments, Change
Orders, Work Change directives,. Field Orders, and Drawing submittals.
Contract Drawings. The drawings whi~ show the scope, extent and character of
the work to be furnished and performed by the Contractor and which have been
prepared and reviewed by the Engineer and are referred t9 in th~ C9ntr:act
Documents.
Contract Price. Amount payable to. the' Contractor under the terms. and conditions
of the contract. Based 'on the price g.iven on the bidding schedule, with
GENERAL CONDITIONS
01 001-1
adjustments made in accordance with the contract. The base amount given in the
bidding schedule shall be either a lump sum bid or the summation of the unit price
bids multiplied by the estimated quantities set forth in the bid form.
. .
Contract Time. Number of calendar days stated in the contract for the completion
of the work or portions thereof.
Contractor. The individual,. partnership, corporation, or combination thereof,
including joint ventures who enter into the contract with the Owner for the
performance of the work. The term covers subcontractors, equipment and
material suppliers, and'their employees.
Contractor's Plant and Equipment. Equipment, material, supplies, and all other
items, except labor, brought onto the site by the Contractor to cany out the work,
but not to be incorporated in the work.
~~ Calendar day.
. Defective.' An adjective which when modifying the word "work" refers to work.
including but not limited to the furnishing of materials, that is unsatisfactory, faulty,
deficient, or perfonned in an unworkmanlike manner, in that it does not conform to
or meet the requirements of the Contract. any inspection, reference standard, test
or approval referred to in the Contract. or has been damaged prior to a
recommendation of final payment
Direct. Action of the Owner by which the Contractor is ordered to perform or refrain
from performing work under the contract.
Directive. Written documentation of the actions of the Engineer or the Owner in
, directing the Contractor. ' '
Engineer. Whenever the word "Engineer" is used in the contract;'. it shall be
understood as refenin9 to the Engineer of the Owner, or such other Engineer,
supervisor or inspector as rnay be authorized by the Owner to .act in any particular
area of the Contract.
Equipment. Mechanical, electrical, instrumentation, or other device with one or
more moving parts, or devices requiring an electrical, pneumatic, electronic, or
hydraulic connection:
Furnish. To deliver to the job site or other specified location any item, equipment or
material.
Herein. Refers to information presented in the project manual. '
GENERAL CONDITIONS
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Holidays. Legal holidays designated by the Owner.,or specifically identified in
Special Conditions. _
Install. Placing, erecting, or constructing complete in place any item, equipment, or
material.
Msn!. Refers to pennissive actions.
Owner. Whenever the word Owner is used in the contract, it shall be understood
as referring to. the Owner of the project as shown on the Contract Form.
Owner's Representative. The person, finn or corporation designated by the Owner.
Paragraph. For reference. or citation purposes, paragraph shall refer to the
paragraph, or paragraphs, called out by section number and alphanumeric
designator. For example, this definition is found in paragraph 01001-01; permits
and regulations are discussed in paragraph 01001-03.
Person. The term. person,. includes firms, companies, corporations, partne~hips,
and joint ventures.
Project. The undertaking to be performed under the provisions of the contract.
Project Manual. Those cOntact documents prepared for bidding and as amended
by addend~l.
Provide. FlJIrni$h and install, complete in place.
Punch Ust List of incomplete items of work and of items of work which are not in
conformarlre With-the contract. The list will be prepared by the Engineer when. the
Contractor (1) notifies.the Engineer in writing that the work has been Completed in
accordance with the contract and (2) requests in writing that the Owner accept the
work.
,~. Refelrs to actions by either the Contractor or the Owner and means the
Contractor lor Owner has entered into a covenant with the other party to do or
perfonn the action.
Shown. Refers to information presented on the drawings, with or without reference
to the drawings.
Specifications. That part of the contract documents consisting of written
descriptions of the technical features of materials, equipment, construction system,
standards, and workmanship: ; .
. GENERAL CONDITIONS
, 01001-3
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Specify. Refers to information described, shown, noted or presented in any
manner in any part of the contract.
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Submittals. The information which is specified for submission to the Owner in
accordance with Division of the project manual.
Substantial Completion. Sufficient completion of the project or the portion thereof
to perm~ utilization.oftheproject, or portion thereof for its intended purpose.
Substantial completion requires not only that the work be sufficiently completed to
permit utilization, but that the Owner can effectively utilize the' substantially
completed work. Determination of substantial completion is solely at the discretion
of the Owner. Substantial completion does not mean complete- in accordance with
the contract nor sh~1I substantial completion of all or any part of the project entitle
the Contractor to acceptance under the contract.
Substantial Completion Date. Date shown on the certificate of Substantial
Completion.
Will. Refers to actions entered into by the Contractor or the Owner as a covenant
with the other party to do or to perform the action.
WQrk. The labor, materials, equipment, supplies, services, and other items
necessary for the execution, completion and fulfillment of the contract.
02 - Royalties and Patents
The Contractor shall pay all royalties and license fees and assume all costs incident to
the use in the performance of the work or the incorporation in the ~ork of any invention,
design, process, product or device which is the subject of the patent rights or copyrights
held by others. He shall defend , all suits or claims for infringement of any patent rights
and shall hold infringement of any patent rights and shall hold harmless the Owner, its
officers, employees, and agents from loss on account thereof, exceptthat the Owner shall
be responsible for all such loSs when a particular manufacturer, prOduct;' or process is
specified by the Owner and properly installed by the Contractor pursuant to the
manufacturer's specification$.
03 - Permits and Regulations
The Contractor shall obtain any pay for all construction permits, licenses, and easements
of a temporary nature necessary for the prosecution of the work. The Contractor shall
p~y all govemmental cha'rges' and inspection fees necessary for the prosecution of the -
wort<. The 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.
GENERAL CONDITIONS
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The Contractor shall.comply with all County, State, and Federal laws, statutes,
ordinances, rules and regulatioQs applicable to fumishil)g.and performance of the work.
04 - Verbal Agreements
No verbal agreement or conversation with any officer, agent or employee of the Owner
either before or after execution of this Contract, shall affect or modify any of the tenns of
obligations contained in any of the documents comprising said Contract.
05 - lands for Work
The Owner shall provide, as indicated on the drawings and not later than the date when
needed by the Contractor, the lands upon which the work under this Contract is to be
done, rights-of-way for access to same, and such other lands which are designated on
the drawing for the use of the Contractor. Any delay in the furnishing of these Lands by
the Owner shall be deemed proper cause for an equitable adjustment in both Contract
Price and time of rompletion.
The Contractor shall provide at his own expense and without liability to the Owner any
additional land and access thereto that maybe required for temporary construction
facilities, or for storage of materials.
06 - General Warranty an'd Guarantee Against Defective Work
The Contractor shall wanant and guarantee the work required under this Contract for a
period of twelve months from the.date. of Final Acceptance. The Contractor wanants and
guarantees to Owner, that n:Jaterials and equipment furnished under the Contract shall be
of good quality and new unless otherwise required or permitted by the Contract
Documents, that aU work will be in accordance with the Contract Documents, and that all
work will be of good quality, free from faults and defects. Work not confonning to these
requirements, including substitutions not properly approved and authorized, may be
considered defective. If required by the Owner or the Engineer, the Contractor shall
furnish satisfactory evidence as to the kind. and ,quality of materials and equipment.
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The Contractor's obligation .to perform and complete the work in a workmanlike manner,
free from faults and defects and in accordance with the Contract Documents shall be
absolute. The Contractor shall remedy, at "is own expense, and without additional cost
. to the Owner, all detects ansing from either workmanship or materials, as determined by
the Owner, or Owner's representative. . The obligations of the Contractor under this
Paragraph shall not include normal wear and tear under normal usage.
07 - Bonds
The Contractor shall fumish payment and perfonnance bonds with good and sufficient
surety or sureties acceptable to the Owner for the protection of persons furnishing
GENERAL CONDITIONS
01001-5
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rnaterials or labor in connection with the perfonnance of the work. The penal sum of such
payment and performance bond will be 100% of the contract price. The bonds required
hereunder will be dated as of the same date as the contract and will be furnished to the
Owner at the time the contract is executed. These bonds shall be issued from a
company licensed to do business in Georgia and shall be signed or counter signed by a
Georgia resident agent. and shall have a proper Power of Attorney evidencing the
authority of the individual signing the bond. Included with the Bonds shall be a signed
Affidavit on the form provided herewith.
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Out of state contractors shall post a bond with the State Tax Commissioner for each tax
year during construction of the project to guarantee payment of taxes on the work of this
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08 - Contractor's Insurance
A. Uability. The Contractor shall maintain such insurance a$ will protect him from claims
under workmen's compensation acts and from any other claims for da.mages to property,
and for personal injury, including death, which may arise from operations under this
contract, whether such operations be by himself or by any sub-contractor or anyone
directly or indirectly employed by either of them. Certificates of such insurance shall be
filed with the OWner, its officers, employees and agents. The Contractor shall be
responsible for providing adequate limits of insurance when working within property
owned by railroads, as established by such railroad company.
B. Indemnity. The Contractor shall indemnify and save harmless, the OWner from and
ag-ainst all losses and all claims, -demands, payment, suits, actions, recoveries, and
judgments of every nature and ,description brought or recovered against him by reason of
any act or omission of the said Contractor, his agents or employees, in execution of the
work or in the guarding of it.
*The Iimi1s of insurance are as follows:
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Comprehensive General Uability -:- policy covering bodily injury and property
damage including premises, operations, products, and completed
operations......................$1 ,000,000 per occurrence $2,000,000 aggregate
Automobile Uability- pOlicy covering injury and property damage
$1,000,000
Umbrella Policy................................ .$1,000,000
Builders Risk.....................................$ Amount of Contract
GENERAL CONDITIONS
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* Contractors Liability Insurance shall be effective for the duration of the
work as de,scribed in the contract documents, including authorized change
orders, plus any period of guarantee as required in Paragraph 01001-06.
09 - Liens
Neither the final payment nor any part of the retained percentage shall become due until
the Contractor shall deliver to the Owner a complete release of all claims or liens arising
out of this Contract and an affidavit that so far as he has knowledge or information the
release and receipts include all the labor and materials for which a lien or claim could be
filed; but the Contractor may; if any Subcontractor refuses to fumish a release or receipt
~ "in full, furnish an additional bond satisfactory to the Owner, to indemnify the Owner
against any claim or lien (in cases where such payment is not already guaranteed by
Surety Bond). If alllY claim or lien remains unsatisfied after all payments are rnade, the
Contractor shall refund to'the.Owner all monies that the latter maybe compelled to pay
on disCharging such a lien, including all costs and a reasonable attorney's fee.
10 - Assignment
The Owner shall have the right to reject the assignment or sub-letting of any portion of the
Contract by the Contractor. Assigning or sub-letting the Contract shall not relieve the
Contractor or his surety from any Contract obligations. '
11 - Joint Venture Contractor
In the event the Contractor is a joint venture of two or more contractors, the grants,
covenants, provisos and claims, rights, power, privileges and liabilities of the contract ,
shall be construed and held to be several as well as joint Any notice, order, direct
request or any communication required to be or that may be given by the Engineer to the
Contractor under this contract, shall be well and sufficiently given to all persons being the
Contractor if given to anyone or more of such persons. Any notice, request or other
communication given by anyone of such persons to the Engineer under this Contract
shall also be given to the Owner and shall be deemed to have been given by and shall
bind all persons being the Contractor.
12 - Successors' Obligations
The grants, covenants, ,provisos and claims, rights, powers, privileges and liabilities
obtained in the contract documents shall be read and held as made by and with,and
, granted to an imposed upon, the Contractor and the Owner and their,respective heir,
executors, administrations, successors and assigns.
GENERAL CONDITIONS
,01001-7
13 - Business License
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Contractors and subcontractors shall have a current Occupation Tax Certificate, and shall
furnish certificate and license numbers prior to entering into a contract with the Owner.
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14 - Obligations and Liability of the Contractor
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The Contractor shall do all the work and fumish all the materials, tools, and appliances,
except as herein otherwise specified, and everything necessary for properly performing
and completing the work required by the Contract, in the manner and within the time
specified. He shall complete the entire work to the satisfaction of the Owner, and in
accordance with the Specifications and Plans herein mentioned, at the prices herein
agreed upon and fixed therefore.' All the work labor and materials to be" done and
furnished under this Contract shall be done and furnished strictly pursuant to, and in
conformity with, the Contract Documents, and the directions of the Engineer as given
from time to time during the progress of the work, under the terms of this Contract.
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AJlloss or damage arising out of the performance or nature of the work. or any damage to
the work itself to be done under this contract or from any unforeseen obstruction or
difficulties which may be encountered in the prOsecution of the same, or from the action of
the elements or from any cause or causes whatsoever, until the same shall have been
finally accepted. shall be sustained and paid for by the Contractor.
The Contractor shall coordinate his operations with those of any other contractors who
may be employed on other work of the Owner and shall avoid interference therewith and
cooperate in the arrangements for storage of materials.
The Contractor shall conduct his work so as to interfere as little as possible with private
business and public travel. He shall, at his own expense, wherever necessary, or
required, maintain fences. furnish watchmen, maintain lights, and take such other
precautions as may be necessary to protect life and property. .
The Contractor shall take all responsibility for the work done under this Contract, for the
protection of the work, and for preventing injuries to persons, and damage to property and
utilities on or about the work. He shall in no way be relieved of his responsibility by any
rights of the Owner, its officers, employees and agents to give permission or issue orders
relating to any part of the work, or by any such permission given or orders issued, or by
failure of the Owner, its officers, employees and agents to givesueh permission or issue
such orders. The Contractor shall bear aU losses r~ulting to him or to the Owner, its
officers, employees and agents on account of the amount or character of the work, or
because of the nature of the land in or on which the work is done is different from what
was estimated or expected, or on account of the weather elements or other causes. The
Gontractor shall assume the defense of all claims arising out of injury or damage to
persons, corporations, or property, whether said claims arise out of negligence or not, or
whether said claims are for unavoidable damage or not, and from all claims relating"to
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labor and materials furnished for the work and from all expenses incurred in defending or
settling such claims, including reasonable attorney's fees.
The Contractor shall so conduct his operations as not t9 d".amage existing structures or
work installed either by him or by other contractors. In Case of any such damage resulting
from his own operations, he shall repair and make good as new the damaged portions at
his own expense.
The Contractor warrants that.he is tamiliarwith the codes applicable to the work and that
he has the skill, knowledge, competence, organization, and plant to execute the work
promptly and efficienUy in compliance with the requirements of the Contract Documents.
The Contractor having the obligation to keep a competent superintendent on the work
during its progress" to employ only skilled mechanics, and to enforce strict discipline and
good order among'his employees, the Contractor, himself is responsible for seeing that
the work is installed in accordance with the Contract Documents. Failure or omission on
the part of the Owner, representative of the Owner, agents of the Owner, Project
Representative, clerk-of-the-works, engineers employed by the Engineer, representatives
of the Engineer or the Engineer either to discover or to bring to the attention of the
Contractor any deviation from, omission from, or non~mpliance with the Contract
Documents shall not be set up by the Contractor as a defense of failure to his part to
install the work in accordance with the Contract Documents or for any other neglect to
fulfill requirements of the Contract; nor shall the presence of anyone, or all, or any of the
foregoing at the site of the fact that anyone, or all, or any of the foregoing may have
examined the work or any part of it be set up as a defense by the Contractor against a
claim for failure on his part to install the work in accordance with the Contract D~ments
or for any neglect to fulfill requirements of the Contract. No requirement of this Contract
may be altered or waived except in pursuance of a written order of the Owner and in strict
accordance with the provisions'in the Contract for changes in the work.
15 - Responsibilities of the Contractor
A' Subcontractors, Manufacturers and Suppliers.
The Contractor shall be ,responsible ,for. the adequacy, efficiency and sufficiency of
subcontractors, manufacturers, suppliers and their employees.
B. Contractor's Employees.
, The Contractor shall be responsible for the adequacy, efficiency and sufficiency of his
employees. Workers shall have sufficient knowledge, skill and experience to perform
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GENERAL, CONDITIONS
01001-9
C. Payment For Labor and Materials.
The Contractor shall pay and require his subcontractors to pay any and all accounts for
labor including Workers Compensation premiums, State Unemployment and Federal
Social Security payments and other wage and salary deductions required by law. The
Contractor also shall pay and cause his subcontractors to pay any and all accounts for
services, equipment, and materials used by him and his subcontractors during the
performance of work under this contract. Such accounts shall be paid as they become
due and payable. If requested by the Owner, the Contractor shall furnish proof of
payment of such accounts to the Owner.
D. Attention to Work.
The Contractor, acting through his representative, shall give personal attention to and
stlall manage the work so that it shall be prosecuted faithfully. When his representative is
not personally present at the.project site, his designated alternate shaU be available and
shall have the authority to act on the contract.
E. Employee Safety.
The ~ntractor alone shall be responsible for the safety of his and his subcontractor's
employees. The Contractor shall maintain the project site and perform the work in a
manner which meets the Owner's responsibility under statutory and common law for the
provision of a safe place to work.
F. Public Safety and Convenience.
The Contractor shall conduct his work so as to insure the least possible obstruction to
traffic and inconvenience to the general public and the residents in the vicinity of the work
and to insure the protection of persons and property. No road or street shall be closed to
the public except with the .pennission of the Owner or Engineer. Fire hydrants on or
adjacent to the work shall be accessible to fire fighting equipment. T ernporary provisions
shall be made by the Contractor to insure the use of sidewalks, private and public
driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, ,
irrigation ditches and natural water courses. .
G. Cooperation With the Construction Inspector.
The Contractor, when requested, shall assist the Construction 'Inspector in obtaining
access to work which is to be inspected. The Contractor shall provide the Construction
'Inspector with information requested in connection with the inspection of the work.
GENERAL CONDITIONS
01001-10
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16 - Compliance with La'~
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The Contractor shall keep himself fully informed of all existing and future State and.
Federal Laws, all regulations of the various departments or agencies of the State of
Georgia, and local ordinances and regulations in any manner affecting those engaged or
employed in the w,ork. or the m~terials used in the wor1<, or in any way affecting the
condud of the work and of all such orders and decrees of bodies or .tribunals having any
jurisdiction or authority over the same. If any discrepancy or inConsistency is discovered,
in the Plans, Drawings, Specifications, or Contract for this wor1< in relation to any such
law, ordinance, regulations, order, or decree, he shall forthwith report the same to the
Engineer and Owner in writing. He shall at all times himself observe and comply with,
and cause all his agents and employees to observe and comply with, all such existing
and future laws, ordinances, regulations, orders, and deaees; and shall protect and
indemnify the Owner, its officers, employees and agents against any claim or liability
arising from or based upon violation of any such law, ordinance, regulation, order, or
decree, whether by himself or his employees or any subcontractor.
17 - Plans. Specificatiom; and Design
The Owner shall furnish plans and specifications which representthe.requirements of the
wor1<' as far as pradical to be perfonned under the Contract. All such drawings and
instructions shall be consistent with the Contract Documents. Plans and specifications
which represent the work to be done shall be fumished prior to the time of entering into
the Contract. The Owner may, during the life of the Contract, and in accordance with
Paragraph 01001-82, issue additional instructions, by means of drawings or otherwise,
necessary to illustrate change in the work.
18 - Drawings Furnished
Unless otherwise provided in the Contract Documents, the Owner will furnish to the
Contractor. free of charge, up to 5 copies of drawings and specifications neCessary for the
execution of the wor1< with delivery of the Notice to Proceed.
19 - Ownership of Drawings
All drawings. specifications and copies thereof furnished by the Owner shall not be
reused on other w()rk.and with the exception of the signed Contract, sets are to be
returned to him on "request, at the completion of the wor1<. All rnodelsare the property of
the Owner.
20 - Reference Standards,
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Reference to the Standards of any technical society, organization or association or to
.codes of local or state authorities, shall mean the latest standard, code, specifications, or
GENERAL CONDITIONS.
01001-11
Specifications and drawings are divided into groups for the convenience of the OWner.
These divisionS are not for the purpose of apportioning work or responsibility for work
among subcontractors, suppliers and manufacturers.
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tentative standard adopted and published at the date of taking bids, unless specifically
stated otherwise.
21 - Division of Specifications and Drawings
22 - Order of Completion
Before starting work and within ten (10) days of issuance of the Notice of Award with the
work, the Contractor shall submit to the Engineer a schedule which shall show the order
in which the Contractor proposes to carry on the work, indicating the starting and
completion dates and locations of the various stages of the work. The schedule shall be
in a bar graph form suitable fo-r periodic updating to show actual work completed.
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Monthly progress reports shall be delivered with the pay estimatelo the Engineer
showing the progress of the past months construction in relation to the approved work
schedule. No payments will be made to the Contractor until the construction
schedule has been submitted by the Contractor and approved by the Engineer. If
the progress report does not ag~ with the approved work schedule, the Contractor shall
deliver in writing an explanation with the report. Upon request from the Engineer, the
Contractor shall submit a revised schedule for approval.
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23 - Materials. Appliances & Employees
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation, supervision and other facilities
necessary for the execution and completion of the work. Unless otheryJise specified, all
materials incorporated in the permanent work shall be new. The Contractor shall furnish
satisfactory evidence as to the kind and quality of materials in accordance with paragraph
01001-49.
The Contractor shall at all times enforce strict discipline and good order among his
employees, and shall seek to avoid employing on the work any unfit person or anyone not
skilled in the work assigned to him. If at any time before the commencement or during
the progress of work, tools, equipment and supervision appear to the Engineer to be
insufficient, inefficient or inappropriate to secure the quality of work required or the proper
rate of progress, the Engineer may order the Contractor to increase their efficiency, to
improve their character, to augment their number, or to substitute new tools, plant or
equipment, as the case may be,' and the Contractor shall conform to such order; but the-
failure of the Engineer to demand such ,increase of efficiency, . number, or improvements
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GENERAL CONDITIONS
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of progress necessary to complete the work within the time required by this contract to the
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satisfaction of the Owner~ . .
24 - Survey Information
The Owner will establish referenCe bench marks and base line identified on the drawings.
From the infonnation provided, the Contractor shall develop and make such additional
surveys as are net-~ed for construction, such as control lines, slope stakes, batter boards,
stakes for pipe locations and other working points, lines, and elevations. Survey work .
shall be performed! under the supervision of a licensed land surveyor or registered civil
engineer. Contractor shall reestablish reference bench marks and survey control
monuments destroyed by his operations at no cost to the Owner.
25 - Project Completion
A. General: If the specifications, the Engineer's or Owner's instructions, laws,
ordinances, or any public authority require .any work to be specially tested or approved,
the Contractor shall give the ,Engineer notice of its readiness for inspection. Such notice
shall be a minimum of two wo.rking days. Inspections by the'Owner shall be promptly
made and where practicable at the source of supply. If the Engineer instructs the
Contractor that inspection of certain phases of the work must be made prior to
proceeding, he shall furnish such inspection, promptly and in such manner as to allow the
Contractor to prosecute the work without delay. At such time as the Contractor has
, completed the work in its entirety the Con~ctor shall make written request for a final
inspection. Such request shall be made no less than seven (7) calendar days prior to the
requested date of ~nspection~ An inspection will be made by the Engineer and a
(fetermination will be made as to whether or not the work is in fact complete. Acceptance
will not be giVen nor final payment released until all "punch lisf' items are complete and
as-built drawings have been approved. "Punch Usf' shall not be considered,all indusive
and therefore each requested fin.al inspection may generate additional "punch lisf' items
as the Contractor is responsible for completion of all work described in the cOntract
documents.
B. After the punch list is completed, the Contractor shall submit a final bill tathe Engineer
for review. If the Contractor does not submit a final bill Within thirty (30) days, the
Engineer will notify the Contractor that the Contractor has thirty (30) more days in which
to submit a final bill. The Contract will be dosed and no payment will be due to the
Contractor sixty (60) days after the punch list is complete and notification by the Engineer
as per above.
26 -Inspection and Testing of Materials
A. Before acceptance of the whole or any part of the work, it shall be subject to
tests to determine that the accomplished work is in accordance with the plans and
specifications. The Conbactor shall be required to maintain all work in a first~ass
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GENERAL CONDITIONS
01001-13
condition for a 30-day operating period after the same has been completed as a whole
and the Engineer has n()tified the Contractor in writing that the work has been finisheq
to his satisfaction. The retained percentage as provided:herein will not be due or
payable to the Contractor until after the 30-day operating period has expired.
B. The Contractor shall pay for all testing. He shall engage a rnutually acceptable
laboratory or qualified individual to conduct the tests in accordance with these
specifications. Compactor testing shall be done by a testing laboratory regularty
engaged in soil testing. Mill certificates of tests on materials made by the
manufacturers will be accepted provided the manufacturer maintains an adequate
testing laboratory, and furni~hes satisfactory certificates with the name of the one
making the tests.
C. Tests for infiltration, line and grade of sewer, hydrostatic and" leakage tests on
force mains shall be rnade by the Contractor in the preser,lce of the Engineer.
D. No portion of the work will be accepted for partial or final payment until tests
prove it has been satisfadonly"completed. All such 'tests shall be documented, signed
by the person conducting the tests and reviewed by the Engineer and approved by the '
Owner prior to payment '
27 - Substantial Completion
At such time as the Contractor has completed the work and prior to requesting a final
inspection, the Contractor shall make written request for an inspection for substantial
completion. Such request shall be made no less than seven (7) calendar days prior to
the, requested date of inspection. An inspection will be made by the Engineer and the
Owner and a determination will be made as to whether or not the work is in fact
substantially complete and a "punch list" will be developed. "Punch Usts" containing
numerous items or items which may effect the intended use of the work will be considered
cause to delay issuance of a document of Substantial Completion. Operation and
Maintenance manuals shall be submitted and approved prior to issuance" of any
document of Substantial Completion.
28 - Rights of Various Interests
Wherever work, being done by the Owner's forces or by other Contractors, is'contiguous
to work covered by this Contract, the respective rights of the various interests involved
, shall be established by the Owner, to secure the completion of the various portions 'of the
work in general harmony. ' '
29 - Separate Contracts
, The Owner reserves the right to ~et other Contracts in connection with this work. The
Contractor shall' afford other Contractor's reasonable opportunity for the introduction and
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storage of their materials and the execution of their work, and shall properly connect and
coordinate his work with theirS. .' . (
30 - Subcontractors
The Contractor shall notify the Engineer and Owner in writing of the names and
addresses of all proposed Subcontractors for the work at the Preconstruction Meeting.
Subcontractors will not be recognized as having a direct relationship with the Owner. The
persons engaged in the work, including employees of subcontractors and suppliers, will
be considered employees of the Contractor and their work shall be subject to the
provisions of the contract. References in the contract documents to actions requir~ of
subcontractors, manufacturers, suppliers, or any'person, other than the Contractor, the
Owner, the Engineer or the Construction Inspector, shall be interpreted as requi~ng that
the Contractor shall require such subcontractor, manufacturer, supplier or person to
perform the specified action.
A subcontrac:tor for any part of the work must have experience on similar work and, if
required, furnish the owner with a list of projects and the Owners or Engineers who are
familiar with their oompetence.
31 - Access
The Contractor shall maintain access to the property owners adjacent to the Project
covered by the Contract.
32 - Construction Schedule and Procedures
The Contractor shall submit and continually update a time schedule for the work and a
sequence of opelClltions.
Before starting an), work. and from time to time during its progress, as the Engineer rnay
request, the Contractor shall outline to the Engineer the methods he plans to use in doing
the work, and the "arious steps he inten~s to take. Failure of the Engineer to reject the
methods or steps propos~ by the Contractor shall not relieve the Contractor of his
responsibility for the correct and timely performance of the work.
33 - Project Management
The Contractor shall schedule and coordinate the work of the Contractor and all
subcontractors .and others involved to maintain the accepted progress schedule. His
duties shall also include theplannirig of the work. the scheduling of ordering and delivery
of materials, and c1hecking and control of all work under this contract.
GENERAL CONDITIONS
01 001-1 5
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The Contractor shall be responsible for complete supelVision and control of his
subcontractors as though they were his own forces. Notice to the Contractor shall be
considered notice to all affected subcontractors.
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34 - Entry
The right of access to the work wtJerever it is in preparatiOn or progress shall be extended
to the Owner and representatives of appropriate regulatory agencies. The Contractor
shall provide facilities for such a~ss and inspection.
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35 - PreselVation and Restoration ,
A. The Contractor shall use every precaution to prevent damage or destruction of
buildings, poles and shrubbery. The Contractor shall provide an approved consultant
whose responsibilities shall be to provide direct supelVision of all removal and relocation of
all shrubbery, hedges, plants and busheS shown to be relocated and plants not shown for
relocation but requiring relocation due to the layout of the sidewalk. He shall protect and
carefully preselVe from disturbance and damage all sUlVey land monuments and property
markers until an authorized agent has witnessed or otherwise referenced their location and
such monuments and markers shall be properly and accurately restored at no cost to the
Owner.
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B. When direct or indirect damage or injury is done to public or private property by the
Contractor"he shall restore, at his own expense, such property to a condition similar or
equal to that existing before the damage was done, by repairing or otherwise restoring, or '
he shall make good such damage in an acceptable manner. All restoration by the
Contractor shall be accomplished as soon as construction in tI1e disturbed area is
complete.
C. Throughout the performance of the work, the Contractor shall construct and adequately
maintain suitable and safe crossings over the trenches and such detours as are necessary
to care for public and private traffic. The material excavated from trenches'shall be
deposited in such manner as shall give as little inconvenience, as .possible'to the traveling
public, to adjoining propertY owners, to other contractors, or to the Owner.
D. Prior to commencing work on private property, the Contractor shall contact the Owner
and/or occupant two (2) days in advance of the time work will commence.
E. The Contractor shall keep the premises, rights-of-way and adjacent property free from
accumulations of waste materials, rubbish and other debris resulting from the work, and
progressively as the work is completed he shall remove all waste materials, rubbish and
debris from and about the work areas as well as all tools, construction equipment and
machinery, and surplus materials, ,and shall leave the site clean: Prior to approval of a
request for partial payment, the Contractor shall clean-up the work areas where
construction has been performed during the period for which payment is requested.
GENERAL CONDITIONS : .
01001-'16
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F. When the work involves the laying of utility lines across grassed areas, streets,
sidewalks, and other paved areas, it shall be the responsibility of the Contractor to restore
such areas to their original sound condition using construction techniques and rnaterials
which are the same as existing. In the case of planted areas, Contractor shall rnaintain
the restoration work until positive growth has evidenced. .,'
G. In case of dispute, the OWner may remove the rubbish and surplus materials or
perform restoration work and charge the cost of the Contractor.
36 - Completion of "Punch Usf' Items
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Prior to completion of the project, the Contractor shall request an inspection and any
deficiencies found at that time will be noted on a "Punch Ust". The development of a
"Punch Usf' shall not delay or terminate the accumulation or assessment of liquidated
damages as established in Section 01002 - Special Conditions.
37 - Authority of ContractQ[
A Contractor's Representative.
The Contractor shall notify the Engineer and Owner in writing of the name of the person
who will act as the Contracto~s representative and shall have the authority to act in
matters relating to 1this contract. This person shall have authority to carry out the
provisions of the contract and to supply materials, equipment, tools and labor without
delay for the performance of the work.
B. Construction Procedures. '
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The Contractor Shelll supervise and direct the work. He has the authority to determine the
means, methods, techniques, sequences and procedures of construction, except in those
instances where the Owner, to define. the quality of an item of work, specifies in the ,
contract, a means, method, technique, sequence or procedure for the construction of that
item of work.
38 - Authority of Engineer
Engineer will be thE~ initial interpreter of the requirements of the ContractDocuments and
shall review the work for acceptability of the work thereunder. Neither the . Engineer's
authority or respon:sibility under the Contract Documents. nor any decision made by
Engineer in good fc:lith either to exercise or not exercise such authority or responsibility or
the undertaking, ex:ercise or performance of any authority or responsibility of Engineer -
shall give rise to any duty owed by Engin~r to Contractor, any Subcontractor, any
Supplier, any other person or organization, or to any surety for or employee or agent of
any of them.
GENERAL CONDITIONS
01001-17
39 -Owner-Contractor Coordination
A. Service of Nptice.
Notice, order, direction, request or other communication given by the Engineer or Owner
to the Contractor shall be deemed to be well and sufficiently given to the Contractor if left
at any office used by the Contractor or delivered to any of his office" clerks or employees
or posted at the site of any work or mailed to any post office addressed to the Contractor
at the address given in the contract document or mailed to the Contractor's last known
place of business. If mailed by first-class mail, any form of communication shall be
deemed to have been giveri to and received by the Contractor two days after the day of
mailing.
B. Suggestions to Contractor.
Plan or method of work suggested by the Engineer or Owner to the Contractor but not
specified or required, if adopted or followed by the Contractor in whole or in part, shall be
used at the risk and responsibility of the Contractor. The Engineer and Owner assume no
responsibility therefor and in no way-will be held liable for any defectS in the work which
may result from or be caused by the use of such plan or method of work.
C. Cooperation.
The Contractor agrees to permit entry to the site of the work by the Owner or other
contractors perfonning work on behalf of the Owner. The .Contractor shall afford the
Owner, other subcontractors and their employees, reasonable facilities and cooperation
and shall arrange his work and dispose of his materials in such a m~nner as to not
interfere with the activities of the Owner or of others upon the site of the work. The
Contractor shall promptly make good any injury or damage that may be sustained by
other contractors or employees Of the Owner at his hands. The Contractor shall join his
work to ~at of others and perform his work in proper sequence in relation to that of
others. .
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If requested by the Contractor, the Owner shall arrange meetings with other contractors
perfonning work on behalf of the Owner to plan coordination of construction activities.
The Owner shall keep the Contractor infonned of the planned activities of other
contractors.
Differences or conflicts arising between the Contractor and other contractors employed by
the Owner or. between the Contractorand the works of the Owner with regard to their
work, shall be submitted ~othe Engineer for his review of the matter. If the work of the
Contractor is affected or delayed because of any act or omission of other contractors or .of
the Owner, the Contractor may submit for the Engineer's consideration, a documented
request for a change order.
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GENERAL CONDITIONS
01 001-18
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40 - Interpretation of Specifications and,Drawings
A. General.
The specifications and drawings are intended to be explanatory of each other. Work
specified on the drawings and not in the specifications, or vice versa, shall be executed
as if specified in both.
B. Request For Clarification.
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In the event the work to be done or matters relative thereto are not sufficiently detailed or
explained in the contract documents, the Contractor shall apply to the Engineer for further
explanations as may be necessary and shall conform thereto so far as may be consistent
with the terms of the contract In the event of doubt or question arising respecting the true
meaning of the specifications or drawings, reference shall be made to the Engineer for fJis
decision.
41 - Discrepancies in S~!Cificationsand Drawings
A. Errors and Omissions.
If the Contractor, in the course of the work; becomes aware of any daimed errors or
omissions in the oontract documents or in the Owner's field of work. he shall immediately
inform the Engineer and Owner in writing. The Engineer shall promptly review the matter
and if he finds an error or omission has been made, he shall determine the Corrective
actions and advise the Contractor accordingly. If the corrective work associated with an
error or omission increases or deaeases the amount of work called fo~ in the contract, the
Engineer shall issue an appropriate change order. After discovery of an error or omission
by the Contractor, related work performed by the Contractor shall be done at his risk
unless authorized, in writing, by the Engineer.
B. Conflicting Provisions.
In cases of conflict between the specifications and drawings, the specifications shall
govern. Figure dimensions on' drawings shall govem over scale dimensions and detail
drawings shall go"ern over general drawings. In the event an item of work is desaibed
differently in two or more locations on th.e drawings and in the specifications, the
Contractor shall request ~ clarification from the Engineer. For any event where the
Contractor claims any ambiguities _or discrepancies within the specifications, the
Contractor may assume that the higher, greater and most stringent specification or
standard applies. '
GENERAL CONDITIONS
01 001-1 9
42 - Material. Equipment and Workmanship
Unless otherwise specifically stated in the contract documents, the Contractor shall
provide and pay for material, labor, tools, equipment, water, light, power, transportation,
supervision, and temporary construction of any nature, and other services and facilities of
any nature, whatsoever necessary, to'execute, complete and deliver the work within the
specified time. Material and equipment shall be new, free of defects and of the quality
specified. Equipment offered shall be current modifications which have been in successful
regular operation under comparable conditions. Construction work shall be executed in
conformity with the standard practice of the trade.
43 - Demonstration of Compliance With Contract Requirements
A. Inspection.
To demonstrate his compliance with the contract requirements, the Contractor shall
assist the Engineer and Owner in the perfonnance of inspection work. The Contractor
shall grant the Engineer access to the work and to the site of the work,. and to the places
where work is being prepared, or whence materials, equipment or machinery are being
obtained for the work. The Contractor shall provide infonnation requested by the Engineer
in connection with inspection work.
If the contract documents, laws, ordinances, or any public regulatory authority require
parts of the work to be specially inspected, tested or approved, the Contractor shall give
the Engineer adequate' prior written notice of the availability of the subject work for
examination.
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If parts of the work are covered in contravention of the Engineer's directive, the cost of
exposing the work for inspection' and closing shall be bome by the Contractor regardless
of whether or not the work is found to be in compliance with the' contract.
If any work is covered in the absence of the Engineer's directive to the contrary, the
Contractor shall, if directed by the Engineer, uncover, expose' or otherwiSe rnake available
for inspection, portions of covered work. If it is found that suCh work is defective, the
Contractor shall bear the expense of uncovering and reconstructing. If the work is found
to be in compliance with the contract, the Contractor will be allowed an increase in the
contract price, or an extension in the cOntract time, or both via a change order. The
Owner reserves the right to require additional documentation'from the Contractor as
necessary to determine Compliance with the Contract Documents.
B. Certification.
In cases where compliance of materials or equipment to contract requirements is not
readily detenninable through inspection and tests, the Engineer shall request that the
Contractor provide property authenticated documents, certificates or other satisfactory
GENERAL CONDITIONS
01001-20
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proof of compliance. These documents, certifications and proofs shall include
performance characteristics, materials of construction and the physical or chemical
characteristics of materials.
c. Inspection at Point of Manufacturing.
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If inspection and testing of materials or equipment in the vicinity of the work by the Owner
is not practical, the specifications may require that such inspection and testing or
witnessing of tests take place at the point of manufacture. In this case and in the event
the remote inspection and testing is not specified and is requested by the Owner, the
required travel, subsistence, and labor expenses shall be paid by the Owner. If the
Contractor request the Owner to inspect and test material or equipment at the point of
manufacture, then the additional costs to the Owner for travel, subsistence, and labor
expenses shall be paid by the Contractor.
44 - Proiect Meetings
Project meetings will be held on site as often as deemed necessary by the Engineer
throughout the construction period. Meetings will nonnally be held monthly. Contractor's
representatives shall attend.
The purpose of the meetings will be to discuss schedule, progress, coordination,'
submittals and job-related problems.
45 - Overtime and Shift V\fork
Overtime and shift work may be established as a regular procedure by the C9ntractor with
reasonable notice and written penn~ion of the Owner. No work other than overtime and
shift work established as a regular procedure shall be performed between the hours of
6:00 p.m. and 7:00 a.m. nor on Sundays or holidays except such work as is necessary for
the proper care an!tl protection of the work already perfonnedor in case of an emergency.
Contractor agrees .to pay the Owner's costs of overtime inspection except those occurring
as a result of overtiime and shift work established as a regular procedure. Overtime
inspection shall include inSpection required during holidays and weekends, and between
the hours of 6:00 p'.m. and 7:00 a.m. on weekdays. Costs of overtime inspection will
cover engineering, inspection, general supervision and overhead expenses which are
directly chargeable to the overtime work. Contractor agrees that Ownershall deduct such
charges from paYfl:lents due the Con~ctor.
GENERAL CONDITIONS
01001-21
46 - Construction Schedule
A. Scope;
l)lissection specifies reports and schedules for planning and monitoring the progress of
the work. .
B. Description. "
The Contractor shall provide a graphic construction schedule (bar chart) indicating
various subdivisions of the work with a reasonable breakdown for each task to include the
days in duration and the dates of commencing and finishing each task~:'
C. Submittal Procedures.
Within ten (10) days after Notice of Award of the Bid, the Contractor shall submit six (6)
copies of the construction sehedule.
Within fourteen (14) calendar days after receipt of the submittal, the Engineer shall review
the submitted schedule and return two copies with comments to the Contractor. If the
Engineer finds that the submitted schedule does not comply with specified requirements,
the corrective revisions will be noted on the subrnittal copy returned to the Contractor.
D. Schedule Revisions.
Revisions to the accepted 99nstruction schedule may be made only with the written
approval of the Contractor and Owner. A change affecting the contract value of any
activity, the completion time, and sequencing shall be made in accordance with
applicable provisions of Paragraph 01001-82. "
1;. Project Status ~pdate.
Project status, review and update shall be provided with each pay request and at least
monthly as specified in paragraph 01001-74.
47 - Quality
Where the contract requires that materials or equipment be provided or that construction
work be perfonned, "and detailed specifications of such materials, equipment or
construction work are not set forth, the Contractor shall perfonn the work using materials
and' equipment of the best grade in quality and wor1<manship obtainable in the market
from finns of established good reputations, and shall follow standard practices in th"e
perfonnance of construction work. The work perfonned shall be in conformity and
GENERAL CONDITIONS
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harmony with the intent to secure the standard of construction and equipment of work as
a whole and in part.
48 - Material and Equipment Specified By Name
Although the plans and specifications rnake reference to particular manufacturers and
mo.del numbers for various products, such reference is made only to establish function
and quality of such p~ucts.lf it is desired to uSe materials or equipment of trade
names or of manufacturer's names which are different from those mentioned in the
Contract Documents, applicable for the approval of the use of the specified materials or
the specified items of equipment as manufactured by firms other than those named in
the Contract Documents must reach the hands of the Engineer at least ten (10) days .
prior to the date set for the opening of bids. The burden of proving equivalent of a
proposed substi1ute to an item designated by trade name or by manufacturer's name in
the Contract DoC'.uments rests on the party submitting the request for approval. The
written application for approval of a proposed substitute must be accompanied by
technical data which the party requesting approval desires to submit in support of his
application. The Engineer will give consideration to reports from reputable independent
testing laboratories, verified experience records showing the reputation of the proposed
product with previous users, or any other written information that is reasonable in the
circumstances. The application to the Engineer for approval of a proposed substitute
must be accompanied by a schedule setting forth in what respects the material or
. equipment submitted for consideration differs from the materials or equipment
. deSignated in the Contract Documents. The degree of proof required for approval of a
proposed substiturte as equivalent to a named product is the amount of proof necessary
to convince the Engineer beyond all doubt. To be acceptable, a proposed substitute
must, in addition, meet or exGeed all express requirements of the Contract Documents.
.If submittal is approved by the Engineer, an addendum will be issued to all prospective
bidders at least five (5) days prior to the date set for the opening of bids. Unless.
requests for changes are received and approvais are published by addendum in
accordance with the above procedure, the successful bidder shall be held responsible
for furnishing items and materials of the trade names or manufacture(s. names called for
. in the specifications. The Engineer shall be the final judge on questions of equivalence.
49 - Submittal Procedure
A. General.
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The Contractor shall submit descriptive information which will enable the Engineer to
determine whether the Contractor's proposed materials, equipment, or methods of work
are i~ general conformance to the design concept and. in compliance with the drawings .
and specifications.
GENERAL CONDITIONS.
01001-23
B. Contractor's Responsibilities.
The Contractor shall be responsible for the accuracy and completeness of the information
contained in each submittal and shall assure that the material, equipment, or method of
work shall be as described in the submittal. The Contractor shall verify in writing that all
features of all products cOnform to the requirements of the specifications and drawings.
~ubmittal documents shall be clearly edited to indicate only those it~ms, models, or series
of material or equipment which are being submitted for review. All extraneous materials
shall be crossed out or otherwise obliterated. The Contractor shall insure that there is no
conflict with other submittals and shall notify the Engineer in each case where his
submittal may affect the work of another contractor or the Own~r. The Contractor shall
insure coordination of submittals among the related crafts and subcontractc?rs.
The Contractor may autho'iZe in writing a material or equipment supplier to deal directly
with the Engineer with regard to a submittal. These dealings shall be limited to contract
interpretations.
C. Transmittal Procedure.
1. General.
Bef9re each submittal, the Contractor shall have determined and verified all field
measurements, quantities, dimensions, specified performance criteria, installations
requirements, materials, catalog numbers and similar information with respect
thereto; all materials with respect to intended use, fabrication, shipping, handling, .
storage, assembly and installation pertaining to the performance of the work; and
all information relative to the Contractor's sole responsibilities in respect of me<ins,
methods, techniques, sequences an~ procedures of construction and safety
precautions and programs incident thereto.
Submittal documents common to more than one piece of equipment shall be
identified with all the appropriate equipment numbers and specification section and
paragraph.
Each submittal will bear a stamp or specific written indication that the Contractor's
obligations under the Contract documents with respect to the Contractor's review
and approval of that submittal.
2. Deviation from the Contract.
If the Contractor proposes to provide material, equipment, or method of work which
deviates from the project manual, the Contractor shail. give the Engineer specific -
written notice of such deviations or variations that th~ submittal rnay have from the
requirements of the Contract Documents, such notice to be in a written
communication separate from the submittal; and, in addition, the Contractor shall
GENERAL CONDITIONS
01001-24
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cause a specific notation to be made on each shop drawing and sample submitted
to the Engineer.
3. Submittal Comple~eness.
Submittals which do not have all the infonnation required ~o be submitted,
including deviations, are not acceptable and will be returned without review.
. D. Review Procedure.
Review shall not extend to means, methods, techniques, sequences, or procedures of
construction, or to verifying quantities, dimensions, weights or gages, or fabrication
processes, or to safety precautions, or programs incident thereto. Review of a separate
item, as suc;:h, willl10t indicate approval of the assembly in which the itern functions.
,The Contractor shall submit six copies of all specified information. Unless otherwise
specified, within 30 calendar days'sfter receipt of the submittal. the Engineer shall review
the submittal and return one copy of the submittal with comments. The returned submittal
shall indicate one of the following actions:
1. If the review indicates conformance with the drawings 'and specifications,
submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the
Contractor may begin to implement the work or incorporate the material or
equipment (:overed by the submittal.
,2. If the review indicates limit~ corrections are required, submittal copies will be ,
marked "MAKE CORRECTIONS NOTED". The Contractor may begin
implementing the work or incorporate the materials or equipment covered by the
submittal in accordance with the noted corrections. Where submittal infonnation
will be incorporated in Operations and Maintenance (O&M) data, a cOrrected cOpy
, shall be pfO'lfided.
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3. If the review indicates that the submittal is insufficient or contains incorrect data,
submittal copies will be marked "AMEND AND RESUBMIT'. Except at his own
risk. the Contractor shall not undertake work covered by th'is submittal until it.has
been revised, resubmitted and returned marked either "NO EXCEPTION TAKEN"
or "MAKE CORRECTIONS NOTED".
4. If the review indicates that the submittal does not comply with the plans and
specifications, submittal copies will be marked "REJECTED -, SEE REMARKS".
Submittals with deviations Which have not been clearly identified will be rejected..
Except at his own risk; the Contractor shall not undertake work covered by this
submittal until it has been revised, resubmitted and returned marked either "NO
EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".,
GENERAL CONDITIONS
01001-25
E. Effect of Review of Contractor's Submittals.
Review of drawings, methods of work, or information regarding rnaterials or equipment
the Contractor proposed to provide, shall not relieve the Contractor of his responsibility for
errors and omissions therein and shall not be regarded as an assumption of risks or
liability by the Owner or by any officer or employee thereof, and the ,Contractor shall have
no claim under the contract on account of the failure, or partial failure, or the rnethod of
work, material, or equipment so reviewed. A mark of "NO EXCEPTION TAKEN" or
"MAKE CORRECTIONS NOTED" shall mean thaUhe Engineer has no objection to the
Contractor, upon his own responsibility, using the plan or method of work proposed, or
providing the materials or, equipment proposed.
50 - Requests For Substitution
The Engineer and Owner will consider offers for substitution only from the Contractor and
. will not acknowledge or consider such offers from suppliers, distributors, manufacturers,
or subcontractors. The Contractor's offers of substitution shall be made in writing to the
Engineer and shall include sufficient data to enable the Engineer to assess the
acceptability of the material or equipment for the particular application and requirements.
51 - Manufacturer's Directions
Manufactured articles, material and equipment shall be applied, installed, connected~
erected, adjusted, tested, operated and maintained as recommended by the
manufacturer, unless otherwise specified. Manufacturer's installation instructions and
procedures shall be provided prior to installation of the manufactured articles, material
and equipment.
52 - Product Data
Data required by the Engineer or Owner for inspecting, testing, operating or maintaining
parts of the work shall be provided by the Contractor. Unless otherwise specified, such
information shall consists of six (6) copies and shall be provided at the'time the
referenced material or equipment is delivered to the job site. The data shall include such
items as shop drawings, erection drawings, reinforcing steel schedules, testing and
adjusting instructions, operations manuals, maintenance procedures, parts lists and
record drawings. When applicable, information and data to be provided shall be identified
by the specified equipment number. Extraneous material on the pages or drawings
provided shall be crossed out, and the equipment or material to 'be 'supplied shall be
clearty marked. Such information is to be provided as part of the work under this contract
. and its acceptability determined under normal material submittal 'procedures. The
certificate of substantial completion shall not be issued for any portion of the work for
which complete product data has not been submitted and approved.
.GENERAL CONDITIONS
01001-26
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53 - Operation and Maintenance Infonnj3tion
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Six (6) complete sets of operation and maintenance infonnation shall be provided for all
mechanical and electrical equipment. Such operating and maintenance infonnation shall
consist of the name and address of the manufacturer, the nearest representative of the
manufacturer, and the nearest supplier of the manufacturer's equiprnent and parts. In
addition, the following items of information shall be provided where applicable.
A. Lubrication Infonnation: This shall consist of the manufacturer's
recommendations regarding the lubricants to be used and the lubrication schedule
to be followed.
B. Control Diagrams: Diagrams shall show internal and connection wiring.
C. Start-up Procedures: These instructions consist of the equipment
manufacturer's recommendations for installation, adjustment, calibration, and
troubleshooting.
D. Operating Procedures: These instructions consist of the equipment
manufacturer's recommended step-by-step procedures for starting, operating, and
stopping the equipment under specified modes of operation. .
E. Preventive Maintenance Procedures: These instruction consist of the '
equipment manufacturer's recommended steps and schedules for maintaining the
equipment
F. OverhaUlllnstructions:These ins~ructions consist of the manufacturer's
directions .for the disassembly, repair and reassembly of the equipment and any
safety precautions that must be observed while performing the work. .
G. . Parts Ust: This list consists of the generic title and identifi~tion number of
each component part of the equipment. .
H. Spare' Parts List: This list consists of the manufacturer's recommendations of
numbers of parts which should be stored by the Owner and any special storage
precautions which may be required.
I. Original warranties as required by the contract documents and as supplied by
the.manufacturer. . ,
54 - Record Drawings
Record drawings referto those documents maintained and annotated by the Contractor
during construction and are defined as (1) a neatly and legibly marked set of contract
drawings showing the final location and elevations, as appropriate and referenced to the
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.GENERAL CONDITIONS
0100.1-27
bench marks shown on the plans, for all piping, manholes, equipment, electrical conduits,
outlet boxes, cables and electrical wiring diagrams; (2) additional documents such as
schedules, lists, drawings,' and electrical and instrumentation diagrams inc!uded in the
specifications; (3) Contractor layout and installation drawings; and (4) general and
specific notes and detailed, dimensioned sketches regarding interference's, high water
tables, poor soil conditions, relocation of existing utilities or other information pertaining to
unusual or unexpected construction techniques, installations or conditions~
Unless otherwise specified, record drawings shall be full size and maintained in a clean"
dry, and legible condition. Record documents shall be subject to periodic review by the
Engineer. Record documents shall not be used for construction purposes and shall be
available for review by the Engineer during normal working hours at thejob site. Prior to
final inspection, all record drawings shall be submitted to the Engineer.
All utilities installed under this contract shall be shown on the drawings and located by
. sequential stations. Record drawings shall commence with the same station as the
construction drawings. The following items shall be stationed on all utility record. drawings:
Piping, Valves, Fittings, Service lateral connection to the main, Manholes, Points of tie-in,
Fire hydrants and Post hydrants. Also, the centerline of each paved street of which the
utility crosses shall be given a station.
Where sanitary sewers or sanitary sewer services have been stubbed out for Mure use,
the invert elevation of the capped or plugged end shall be given to the n~rest 0.1 feet
The drawings shall be marked to show the relative location of utilities to surface
improvements. (i.e. show. utilities on correct side of curb, trees, other utilities, etc.)
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Marking of the drawings shall be kept current and shall be done at the time the material
and equipment are installed. Failure to maintain current record drawings shall be cause
for delay of request for payment Annotations to the record documents shall be made with
an erasable colored pencil conforming to the following color code:
Additions - Red
Deletions - Green
Comments - Blue
Dimensions - Graphite*
*Legibly mark to record actual depths, horizontal and vertical location of underground
utilities, cables, and appurtenances referenced to pennanent surface improvements.
55 - Protection of the Public and Property
The Contract9r shall provide and maintain all necessary watchmen, barricades, lights,
,flagmen and waming signs and take all necessary precautions for the protection of the
public.
GENERAL CONDITIONS
01001-28 '
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56 - Protection of the. Owner's Property
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The Contractor shall continuously maintain adequate protection of all work from damage,
and shall take all reasonable precautions to protect the Owner'~ property from injury or
loss arising in conlllection with this Contract. The Contractor shall adequately protect
adjacent private and public property, .as provided by law and Contract Documents.
Before parking any heaVy equipment on property of the City of Savannah, the contractor
rnust request and receive permission from the Owner.
57 - Maintenance of Traffic and Sequence of Operation
A. General: The 1ollowing requirements will apply:
1. The work shall be arranged and conducted so that it can be performed with the
least interference to all vehicular and pedestrian traffic.
2. No property owner shall be denied vehicular access to his property for any
length of time, other than that, as determined, by the Engineer, is absolutely
necessary.
3. Two-way traffic must be maintained on all public roads and streets, except that
during periods of off-peak use, one-way traffic, properly controlled by flagmen, will
be pennitted at the discretion of the Engineer. Each time that there is to be a
change in the number of lanes open to traffic, this shall be reviewed by the
Engineer and approved by the OWner.
4. The Owner'may approve detours around construction when one lane traffic
open is impossible.
5. Trenches shall be opened .for only the amount of pipe that qan be laid in one (1)
day plus 200 feet TrenchesshaU be backfilled and compacted as soon as the
pipe is laid. . Where access to parking lots is to be denied, the Contractor shall
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advise each property owner one (1) day in advance of the time the parking lots will
be inaccessible.
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. B. As a minimum, all signage, lane or street Closings, and detours shall be accomplished
in accordance with the current revision of the Federal Manual of Uniform Traffic Control
Devices latest edition, and Supplements, for design, dimensions, materials, cololS, use
and placement; state and local laws,. rules and regulations apply.
1. Materials Required.
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GENERAL CONDITIONS
01001-29
Portable Advance Warning Sign - These signs shall conform with the requirements
of Manual on Unifonn Traffic Control Devices latest edition, and the Supplements,
for design, dimensions, materials, colors use and placement.
Fluorescent orange cap, vest and flag for flagmen.
Fluorescent orange traffic cones, 24" high.
2. Placement and Erection.
The Advance waming signs shall be placed ahead of construction in accordance with the
Construction Section of Manual on Unifonn Traffic Control Devices, cun.:ent edition.
Flagmen, equipped with fluorescent orange cap, vest and flag will be provided by the
Contractor and placed.
Traffic cones shall delineate the full length of the lane closure, including transitions.
In order to provide the greatest possible convenience to the _public, the Contractor shall
remove all lane closure markings and devices immediately when closure work is
completed or temporarily suspended for any length of time.
C. Safety.
The Contractor perfonning the work shall be responsible for the erection and
maintenance of all traffic control devices during construction. '
At the end of work each day, the Contractor shall remove all equiprnent, tools, and any
other hazards in the traveled portion of the roadway. '
When construction necessitates suspension of an existing traffic signal operation, the
Contractor shall furnish anoff~uty police officer to regulate and maintai~ltraffic control at
the site."':
D. Enforcement.
In the event that compliance with these measures is not achieved, the Engineer or Owner
may shut-down all operations being perfonned. The Engineer or Owner shall also
withhold any payments due,: until the abOve requirements have been met-At any time
during the course of the work, the Engineer or Owner may at their diseretio'n and by
wnatever means necessary, correct any situation that they- may deem hazardous to the
health and welfare of the public. Work, perfonned by the Engineer or Owner or by any
entity enlisted by the Engineer or Owner, to correct situations of public hazard shall be
deducted from monies due the Contractor.
G'ENERAL CONDITIONS
01001-30
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E. Compensation.
There will be no separate pay item for maintenance of traffic or for coordination of the
Sequence of Operations.
58 - Lot Comers
In the course of the construction work, it may be necessary to disturb and remove the .
established lot or property corners of some of the properties. The Contractor shall be
required to record all property corners and replace them after the construction is
completed. All lot or property comers removed as desaibed above, or all lot or property
corners destroyed !by the Contractor's operations shall be replaced at the expense of the
Contractor by a land Surveyor registered in the State of Georgia. The Contractor shall
provide certification from the,land Surveyor for all, reset property corners.
59 - Existing Utilities
All known utility facilities are shown schematically on the plans and.are not necessarily
accurate in location as to plan or elevation. Utilities such as service lines or unknown
facilities not shown on the plans' will not relieve the Contractor of his responsibility under
this requirement l1lE! Contractor shall be responsible for the cost of repairs to 'any
damaged underground facilities; even when such facilities are not shown on the plans.
The Contractor smlll contact all utility companies prior to beginning work and request an
accurate location of their respective utilities.. "Existing Utility Facilities" shall mean any
utility that exists on the project in its original, relocated or newly installed position.
The Contractor shall call, by law, the Utility Location and Coordination
Council in ~~Uanta at 1-800-282-7411 and ~hall request that all owners of
utilities, inc:luding gas companies, electric companies, telephone companies,
cable televilSion .companies. and governmental units, prior to starting any
excavation of the project lOcate and mark their respective facilities. .
All Contractor's operations shall be conducted as to interfere as little as possible with
utility service. Any ,proposedintemiption .by the Contractor must be approved in advance
by the respective utility's owner.
The existence and location of underground utilities will be investigated 'and verified in the
field by the Contractor before starting work. The location of all known interferences based
on the bestinfonm:ltion available has been shown on the drawings, but this information
may not be complete or accurate.' .
Water lines and gas lines and appurtenances and sewer lines uncovered by the
Contractor shall be protected and kept in service by the Contractor and the Contractor
GENERAL CONDITIONS
01001-31
shall notify the respective utility's owner that the line has been or will be uncovered. The
Contractor shall use adequate braces and slings or other appropriate methods to keep
the lines in service, and any repairs made necessary by his operation shall be made at
the Contractor's expense. Extreme caution shall be exercised when equipment is being
moved or work is being performed under and around existing utility facilities, especially
gas;
The Contractor shall familiarize himself with and comply with the provisions of O.C.G.A.
Section 25-9-1 et. seq.
If any public or private utility lineS, pipes, facilities, 'or structures are damaged or broken
by the operations of the Contractor as a result of being disturbed, exposed or
unsupported, the Contractor.stiall be respOnsible for the complete and'prompt restoration
of the .same and shall indemnify and hold the Owner harmless from any claims or causes
or action for damage and for any liability which may arise therefrom.
"The Contractor is responsible for coordinating with the respective utility's owner
any relocation. adjustment. holding or replacement of utility facilities.
Power poles, telephone J)9les, gas lines, and other utility facilities to be relocated shall be
moved by the responsible utility owner. The relocation, Iholding or replacement of any
existing faClliti~ shall.be considered consequential to the work and any cost associated
therewith shall be borne by the Contract and no expense .shall accrue to the Owner.
60 - Equal Employment Opportunity
There shall be no disaimination against any employee who is employed in the work
covered by this Agreement, or against any applicant for such employment because of
race, color, religion, sex or national origin. This provision shall include, but is not limited
to the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates or payor their forms Q( Compensation, and
selection for training, including apprenticeship.::' ."
61 - Material Delivery. Handling. and Storage
The Contractor shall schedule and sequence the delivery of rnaterial and equipment such
that installation can be accomplished in a timely manner. The Contractor shall thoroughly
examine all material and equipment upon delivery and shall not accept delivery of
defective. or damaged material or equipment. '
Nylon'slings and chokers shall be used for lifting all material.and equipment. Chains,
cables, wire rope, or other such items that may cause change to factory applied coatings
shall not be used for handling of material or equipment.
,GENERAL CONDITIONS
01001-32 :
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Material and equipment shall be stored as compactly and neatly as practicable at points
convenient for the Contractor and which do not damage the work or interfere with or are
otherwise hazardous to traffic. Material and equipment shall be stored so as to facilitate
inspection and to insure preservation of their quality and fitness for use. All material and
equipment shall bel stored on wooden skids or platfonns such as not to be in direct
contact with the ground. All mechanical and electrical equipment shall be stored and .
covered in a manner such as to cornpletely be protected from dust and moisture. Prior to
the delivery of any materials or equipment the Contractor shall submit, for the Engineer's
review, a plan showing all designated storage and assembly areas. Should the '
Contractor choose to store material or equipment or use for assembly property which is
not owned by the Owner or the Contractor, a letter of permission signed by the legal
owner of the property shall be obtained by the.Contractor and submitted to the Engineer a
minimum of 24 hours prior. to deliVery. . All material and equipment stored at any facility
other than the site shall be tagged with the Owners name and the project number.
Payment shall not be made for "Stored Materials" for any material stored at locations or in
any manner not suitable to the Owner.
62 - Maintenance During Construction.
The Contractor shall maintain the work from the beginning of construction operations until
final acceptance of the Project. This maintenance shall constitute continuous and .
effective work prosecuted day by day with ad~uate equipment and forces to the end that
the roadway Of structures are kept in satisfactory condition at all times. including
satisfactory signing or marking as appropriate and control of traffic where required by use
of traffic control devices as required by the State of Georgia.
Upon completion of the work, the Contractor shall remove all.construction signs and
barricades before 1~nal acceptance of the Project.
63 - Emergencies
In an emergency slffecting the safety of life or of the work or of adjoining property, the
Contractor is, with()ut special instructions or authorization from the Owner, hereby
pennitted to act at his discretion to prevent such threatening loss, damage or injury. He
shall also act, without appeal, if so autho~ed or instructed by the Owner. The Contractor
shall supply the Engineer and the Owner with two (2) emergency phone numbers for
contact 24 hours per day in the event of an emergency. After attempting contact with the
Contractor via the 'emergency phone numbers, the Contractor cannot be reached or
should he fail to respond. the Owner may remedy the situation by whatever means as
may be necessary, and deduct the cost for same from any monies due the Contractor.
64 - Compensation
Anycompensatiol'b claimed by the Contractor ~ue to emergency work shall be subject to
review by the Engineer and approval of the Owner. .
GENERAL-CONDITIONS
01001-33
65 - Safety and Health Regulations
The Contractor shall comply with the Department of Labor, Safety and Health Regulations
for Construction promulgated under the Occupational Safety and Health Act of 1970, as
amended. The Contractor also shall comply with the provisions of the High-Voltage
Safety Act of the State of Geofgia, O.C.G.A. Section 46-3-30 et. seq., and all federal,
,state, and local codes, regulations, and standards. -
66 - Accidents
The Contractor shall provide at the site such equipment and medical facilities as are
necessary to supply first-aid service to anyone who may be injured in connection with the
wor1<. The Contractor shall report in writing to the Owner all accidents whatsoever arising
out of, or in connection with, the performance of the work, whether on or adjacent to the
site, which causes death, personal injury, or property damages, giving full details and
statement of witnesses. In addition, if death or serious damages are caused, the accident
shall be reported immediately by telephone or messenger to both the Contractor or any
suiHx>ntractor an account of any accident, the Contractor shall promptly report the facts
to the Owner, giving full details in writing of the claim.
The Contractor shall provide his Superintendent and Foreman who are on the site of the
work, the name of hospital and phone number and the name and phone number of the
doctor he proposes to use in case of accident.
67 - Load Limits
The Contractor shall be governed by the local load limit requirements of ,the Georgia
Standard Specifications on State, County or City maintained roadways. The Contractor
shall be responsible for his damage to existing streets and roads.
68 - Sanitary Provisions
The Contractor shall provide temporary sanitary facilities for the use of the wor1<men
during the progress of the wor1<. - The sanitary facilities shall conform to the requirements
of the Federal Occupational Safety and Health Administration. All facilities shall be
removed at the completion of the Contract. - - -
69 - Construction Buildings
Should the Contractor desire, he may erect structures for housing tools, machinery and
supplies; structures will be pennitted only at places approved by the Owner. 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
GENERAL CONDITIONS
01'001-34
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rubbish and trash, and the site shall be restored to its original condition at the expense of
the Contractor. Structures wil,l not be permitted for the housing of men.
70 - Cleaning Up ,
The Contractor shall, as directed by the Owner, remove at his own expense from the
Owner's property Clnd from aU public and private property all temporary structures, rubbish
and waste materials resultirig from his operations. Clean-up shall'be concurrent with the
work. Where complete restoration is not reasonable until testing or inspection is complete,
the Contractor shall, at minimum, remove all debris and trash and perform grading such
that the area is left neat and without depressions that may hold water. The sufficiency of
temporary clean-up shall be at the discretion of the Engineer and the Owner.
71 - Electrical Energy
The Contractor shall make all necessary applications and arrangements and pay all fees
and charges for electrical energy for power and light required for the proper completion of
this contract duringl its entire progress. The Contractor shall provide all temporary wiring,
switches, connections and meters.
There shall be sufficient artificial light, by means of electricity, so that all work may be
. done in a workmanlike manner when there. is not sufficient daylight
The Contractor shall remove alUemporary electrical service and appurtenances prior to
final acceptance by the Owner.
Where pennan~nt lelectrical service is required, the Contractor shal.lrequest, in writing, an
'. inspection of the electrical components of the work. Such request for inspection shall be
given a minimum of 48 hours in advance. At such time as the electrical components of
the work have been inspected and approved, the Contractor shall request from the
Owner, in writing, an electrical service. Such request for electrical service shall be given a
minimum often (10) days in advance.
72 - Water Supply
The Contractor shSlllprovide all water required to successfully perform the work. All water
provided by the Contractor which is not potable shall be clearly marked as such. All water
from fire hydrants, post hydrants, orotherwise from the existing distribution system under
local control, shall be metered with a rneter supplied by any local public body or authority
responsible for the system and shall i:>e .obtained only with written authorization of the
Owner. The Contractor shall remove all temporary water service and appurtenances prior
to final acceptance by the Owner.
GENERAL CONDITIONS
01001-35
73 - Environmental Impact
The Contractor shall conduct his operations so as to minimize, to the greatest extent
possible, adverse environmental impact.
A. Noise.
All equipment and machinery shall be provided with exhaust mufflers maintained in
good working order so as to reduce operating noiSe to minimum levels. In
addition, operation of equipment and machinery shall be limited to daylight hours,
except with the permission of the Owner, based, on critical' need for the operation.
B. Dust/Smoke.
All equipment movements shall be accompanied by a minimum of dust. Traveled
surfaces and earthwork shall be maintained in a moist condition to avoid the
generation of dust or the airborne movement of particulate matter under all
prevailing atmospheric conditions.
Burning operations shall be conducted only with the Engineer's written pennission.
The Contractor shaU be responsible for obtaining all pennits and complying with
all codes, ordinances and regulations pertaining to the burning.
C. Traffic.
Trucks carrying spoil, fill, concrete or other materials shall be routed over roads
which will ~ult in the least effect on traffic and nuisance to the, public. All material
shall be loaded in a manner which will preclude the loss of any portion of the load
in transit, induding covering, if necessary.
D. Siltation and Erosion.
The Contractor shall perform his work to minimize siltation and erosion during
construction. All points of concentrated runoff from rainfall shall:be visually
monitored to determine that no eroded material leaves the construction site.
Measures shall betaken promptly to eliminate siltation and erosion, induding the
installation of dams, detention basins, silt fencing, and other retaining devices.
The Contractor shall conduct operations and maintain the work in such condition
that adequate drainage shall be in effect at all times.
E. Use of Chemicals.
All chemicals used during construction or fumished for project ,operation whether
herbicide, pesticide, disinfectant, polymer, reactant or other classification, must
GENERAL CONDITIONS
01001-36
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show approval of either EPA or USDA. Use of all such chemicals and disposal of
residues shall be in strict confonnance with instructions.
74 - Progress Payments
The parties hereto expressly agree 'that the provisions of the Georgia Prompt Pay Act,
O.C.GA Section 13-11-1 et. seq., shall not apply to this Contract and is superseded by
the tenns and conditions of the Contract. Not later than the fifth day of every month the
Contractor shall prepare and submit a Request for Periodic Payment, along with an
Affidavit of payment of claims, covering the total quantities under. each item of work that
has been completed from the start of the job up to and including the last day of the
p~ceding month, and the value of the work so completed determined in accordance with
the sChedule of values for such items together with such supporting evidence as may be
required by the Engineer; however, the Owner reserves the right to request additional
information from the Contractor. This estimate may also include an allowance for the cost
of such materials and equipment required in the pennanent work as has been delivered
to the site or stored in an approved location and suitably protected but not as yet
incorporated in the work. Under no circumstances shall any material or equipment, for
which payment has been made by the oWQer to the Contractor, be sold, returned to the
supplier or otherwise moved from stOrage except for incorporation into the work as
covered in this contract without written authorization from the Owner. Payments shall be
made for materials storedoff-site only if said materials are stored in an independent
bOnded warehouse and if all costs of storage, insurance, loading and transfer for such
materials is paid for by the Contractor.' The Contractor shall subrnit to the Owner bills of
lading and bonds with any 'request for such payment.
Not later than the ~~0U1 day after submitting an accepted, approved and correct estimate
along with all required documentation (as per these contract documents) as. detailed in
the above paragl"alPh, the Owner shall, after deducting previous payments made, pay to
the Contractor 90% of the amount of the estimate as approved by the Owner, as long as
the gross value of completed work is less than 50% of the total Contract amount, or if the
Contractor is not maintaining his construction schedule to the satisfaction of the Owner,
the Owner shall retain 10% oUhe gross value of the completed work as indicated by the
current approved estimate. .After.the gross value of completed work becomes equal to
50% of the' total Contract amount Within a time period satisfactory to the Owner, then the
Owner will continue to retain the 10% of the first 50% of the work but will not require any
additional retainage; provided,' however, that if work is unsatisfactory or falls behind
schedule, retention may be resumed at the previous level after notification to the
Contractor. ' ,
The Contractor Sh~lll also submit with each Request for Periodic Payment a progress
, report on a fonn approved by the Engineer at or before the pre-construction conference:
Failure to submit a progress report shall be grounds for the Owner to withhold payment.
GENERAL CONDITIONS
01001-37
B. An itemized list of materials stored for which payment is beiog daimed. This list
shall be accompanied by the suppliers' invoices indicating the materials costs.
Payment for materials stored shall be subject to the same retainage provisions as for
work completed.
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To expedite the approval of requests for partial payment, the Contractor shall submit with
his request the following inform~tion:
A. A copy of the Progress Schedule marked to indicate the work actually
accomplished.
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C: An outline of time lost because of any event giving rise to a request for an
extension of contract time. ' ,
The Owner has a right to hold a 'payment to a contractor who has not included an
updated progress report with his pay request
Before final payment is due, the Contractor shall submit evidence satisfactory to the
Engineer and Owner that all payrolls, material bills, and other indebtedness connected
with the work have been paid, except that in case of disputed indebtedness or liens, the
Contractor may submit in lieu of evidence of payment an additional'Surety Bond
satisfactory to the Owner guaranteeing payment of all such disputed amounts when
adjudicated.
Special Payment Provision: For contractor where payment bonds have been waived, all
Request for Periodic payment forms submitted by the Contractor shall be accolT!panied
by payment affidavits frQm each subcontractor/supplier for the serviceslmat~rials daimed
before 'payment will be.releasedby the owner. Application for final payment shall also be
accompanied by a lien waiver from each {sub)contractor/supplier who furnished labor or
materials for the job.
Under this paragraph, failure to supply said documentation, any additional requested
information, partial releases, waiver of liens, and evidence of payment of all current
accounts will be considered grounds for withholding partial payments, and failure to
supply a release and unconditional lien waivers for said Surety Bond for the entire job, on
completion, will be grounds for withholding final payment. .
75 - Measurement and Payment
Measurement and payment shall be made for the units or lump sum contract prices
shown on the Bid Schedule. Direct payment shall only be made for those items of work
specifically listed in the proposal' and the cost of other work must be induded in the
contract price for the applicable item to which it relates.
, GENERAL CONDITIONS
01001-38
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Within ten (10) days of issuance of the Notice of Award, on lump sum contracts, the
Contractor shall provide, for'review and approval, a sch~dule of values for the various
subdivisions of the work. . ~
76 - Use of Completed Portions .
The Owner rnay, at any time during progress of the work, after written notice to the
Contractor, take over and place in service any completed portions of the work which are
ready for service, although the entire work of the Contract is not fully cornpleted , and
notwithstanding the time for completion of the. entire work or such portions which may not
be expired. In such case, the Engineer with the Owner's occurrence may issue
documents of Substantial Completion for such portions of the work; but such taking
possession thereof shall not be deemed an acceptance of any other portions of the work,
nor of any uncompleted portions, nor of any work not completed in accordance with the
Contract Documents.
n - Beneficial Use
During the execution of the work certain portions of the work may be directly or indirectly
placed in service. However, "beneficial use" shall not be claimed by the Contractor as a
means to force acceptance or completion. It shall be the responsibility of the Contractor
to request, in writing to the Owner, an inspection to determine acceptance on all or any
portion of the work. It shall be the responsibility of the Contractor to consider the amount
of time any particu~r portion of this job may be used prior to Final Acceptance and bid the
job accordingly.
78 - Payments Withheld Prior to Final Acceptance
The Owner may withhold or, an account of subsequently discovered evidence, nullify the
whole or part of any certificate of payments to such extent as may be necessary to
protect himself from loss on account of: .
A . Defective work. not remedied. .
B. Claims filed or reasonable evidence indicating proposed public filing of claims
by other parties against the Contractor.
C. Failure of the Contractor to make payments property to Subcontractors or for
matenal or I,abor.
D. Damage to another Contractor.
When:the above grounds.are removed or the Contractor provides ~ Surety Bond,
satisfactory to the Owner, which will protect the Owner in the amount withheld, payment
shall be made for amounts .withheld because of them.
GENERAL CONDITIONS
01001-39
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Nothing in this paragraph shall negate, abridge, or alter other grounds for withholding or
delaying payment to the Contractor as stated in the Contract. ,
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79 - Contract Time
A. General.
Time shall be of the essence of the contract. The Contractor shall promptly start the work
after the date of the notice to proceed and shall prosecute the work so that portions of the
project shall be complete within the times specified the Special Conditions (Section 1002).
During periods when weather or other conditions are unfavorable for construction, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby.
No portions of the work, where acceptable quality or efficiency will be' affected by
unfavorable conditions, shall be constructed while those conditions exist. It is expressly
understood and agreed by and between the Contractor and the OWner that the contract
time for completion of the work described herein is a reasonable time taking into
consideration the average climatic and economic conditions and other factors prevailing
'in the locality of the work.
B. Construction Schedule.
The Contractor shan provide a construction schedule and reports as specified in
Paragraph 01001-46 for sctleduling and coordinating the work within the contract time.
Contract time extensions shall be incorporated into updated schedules, reflecting their
effect at the time of occurrence. Failure of the Contractor to comply with these
requirements for submittal of the construction schedule and reports shall be cause, for
delay in review of progress payments by the Owner.
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C. Construction Progress.
The Contractor shall furnish such manpower, materials, facilities and equipment as may
be necessary to insure the prosecution and completion of the work in, accordance with the
accepted schedule. If work falls fourteen (14) days or more behind the accepted
construction schedule, the Contractor agrees that he will take some or all of the following
actions to return the project to the accepted schedule. These actions may include the
following:
1. Increase manpower in quantities and aafts.
2. Increase the number of working hours per shift, shifts per working day,
working days per week, or the amount of equipment, or any combination of
the fOregoing.'
3. Reschedule ~ctivities.
GENERAL CONDITIONS
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If requested by the Engineer, the Contractor shall prepare a proposed schedule revision
demonstrating a plan to make up the lag in progress and insure completion of the work
within the contract time. The proposed revision shall be submitted to the Engineer in
accordance with Paragraph 01001-46. Upon receipt of an acceptable proposed schedule,
the revision to the construction schedule shall be made in accordance with Paragraph
01001-22. All actions to return the project to the acceptable scheduJe are at the
Contractor's expense.
The Contractor shall pay all costs incurred by the Owner which result 'from the
Contractor's action to retum the projeCt to its accepted schedule. The Contractor agrees
that the Owner shall deduct such charges from payments due the Contractor. It is further
understood and agreed.that none of the services performed by the Engineer in
monitoring, reviewing. and reporting project status and progress shall relieve the
Contractor of responsibility for planning and inanagingconstruction work in conformance
with the construction schedule.
D. Delays.
1. Notice o1fDelays: When .the Contractor foresees a delay in the prosecution of
the work and, in any event, immediately upon the occurrence of a delay which the
Contractor regards as unavoidable, he shall notify the Engineer in writing of the
probability ctfthe occurrence of such delay, the extent of the delay, and its possible
cause. The, ContrclCtor shall take immediate steps to prevent, if possible, the
occurrence or continuance of the delay. If this cannot be done, the Engineer shall
detenninehow long the delay shall continue and to what extent the prosecution
and completion of the wort.< are being delayed thereby. He shall also'determin~
whether the delay is to be considered avoidable or unavoidable and shall notify the
Contractor of his determination. The Contractor agrees that no claim shall be made
for delays which are not called to the attention of the Engineer at the time of their
occurrence.
2. Avoidable Delays: Avoidable delays in.the prosecution of the work shall include
delays which could have been avoided by the exercise of care, prudence, foresight
and diligence on.the part"qfthe Contractor or his subcontractors. Avoidable delays
include:
a. ,Delays which may.in themselves be unavoidabl~ but which affect only a
portion of the work and do not necessarily prevent or delay the prosecution
of other parts of the work nor the completion of the whol~ work within the
contract time. .
b. Time associated with the reasonable interference of other contractors
employed by the Owner 'which do not necessarily prevent the completion of
the whole work within the contract time.
GENERAL CONDITIONS
01001-41
3. Unavoidable Delays: Unavoidable delays in the prosecution or completion of
the work shall include delays which result from causes beyond the control of the
Contractor and which could not have been avoided by the exercise of care,
prudence, foresight and diligence on the part of the Contractor or his
subcontractors. Delays in completion of the work of other contractors ernployed by
the Owner will be considered unavoidable delays insofar as ttley interfere with the
Contractor's completion of the work. Delays due to normal weather conditions
shall not be regarded as unavoidable as the Contractor agrees to plan his work
. with prudent allowances for interference by nonnal weather conditions. Delays
caused by acts of God, fire, unusual ~tonns, floods, tidal waves, earthquakes,
strikes, labor disputes and freight embargoes shall be cOnsidered as unavoidable
delays insofar as they prevent the Contractor from proceeding with at least 75
percent of the normsllabor and equipment force for at least 5 hours per day
toward completion cUrrent controlling items on the accepted construction schedule.
Should abnormal conditions prevent the work from beginning at the usual starting
time, or prevent the Contractor from proceeding with 75 percent of the normal
labor and equipment force for a period of at least 5 hours per day, and the aew is
dismissed as a result thereof, he will not be charged for the working day whether
or not conditions change so that the major portion of the day could be considered
suitable for work on the controlling item. '
E. Extension of Time.
1. Avoidable Delays: In case the work is not completed in the time'specified,
including extensions of time, as may have been granted for unavoidable delays, the
Contractor will be assessed liquidated damages, as specified in Section 01002 -
Special Conditions.
The Owner may grant an extension of time for avoidable delay if he deems it in his
best interest. If the Owner grants an extension of time for avoidable delay, the
Contractor agrees to pay the liquidated damages.
2. Unavoidable Delays: For delays which the Contractor considers to be
unavoidable, he shall submit to the Engineer complete information demonstrating
the effect of the delay on the controlling operation in his construction schedule.
The submission ,shall 'be made within thirty (30) calendar days of the occurrence
whi,ch is claimed to be responsible for the unavoidable delay. The Engineer shall
review the Contractor's'submission and determine the number of days of
unavoidable delay and the effect of such unavoidable delay on controlling
operations of the work. Upon concurrence with the Engineer, the Owner agrees to
grant an extension of time to the extent that unavoidable delay affect controlling
operations in the construction schedule. .During such extension of time, neither
extra compensation or engineering inspection and administration nor damages for
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delay will be charged by the Contractor to the Owner. It is understood and agreed
by the Contractor and Ownerthat time extensions;due to unavoidable delays will
be granted only if such unavoidable delay involve controlling operations which
would prevent completion of the whole work within the specified contract time. It is
understood and agreed by the Contractor and Owner that during such extension of
time, no extra compensation shall-be paid to the Contractor.
3. Damage for Delays: For the period of time that any portion of the work remains
-unfinished after the time fixed for completion in the contract documents, as
modified by extensions of time granted by the Owner, it is understood and agreed
by the Contractor and the Owner that the Contractor shall pay the Owner the
'liquidated damages, specified in Section 01002 - Special Conditions.
80 - Omissions
The drawings and specifications shall both be considered as a part of the contract. Any
work and material shown in the one and omitted in the other, or described in the one and
not in the other, or which may fairty be implied by both or either, shall be fumishedand
perfonned as through shown in both, in order to give a complete'and first class job.
The Contractor shall be fully responsible to the Owner and to the, Engineer for all acts and
omissions of the Subcontractors, Suppliers and other persons and organization
perfonning or furnishing any of the work under a direct or indirect contract with the
Contractor just as Contractor is responsible for Contractor's own acts and omissions.
81 - Differing Site Conditions
A The Contractor shall promptly, and before such conditions are disturbed, 'notify the
Engineer.in writing at (1) subsurface or latent physical conditions differing materially from
those indicated in 1this contract. or (2) unknown physical conditions at the site, of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for.in this Contract. The
Engineer shall promptly investigate the cOnditions, detennine the necessity of obtaining
additional exploration or tests with respect thereto and advise the Owner in writing (witt1 a
copy to the Contractor) of the Engineer's findings and conclusions. . If the Engineer finds
and concludes and the Owner cOnCurs with the Engineer that such conditions do
. materially so differ and cause an increase or decrease in the Contractor's cost of, or the
time required for, perfonnances of any part of the work under this Contract, whether or
not changed as a result of such conditions, an equitable adjustable shall be made and the
contract modified in writing accordingly.
B. No claim of the Contractor under this clause shall be allowed unless the Contractor -
has given the required notice. .
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01001-43
C. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if
asserted after final payment under this contract.
82 - Changes in Work
The Owner, without invalidating the Contract, may order additions to or deductions from
the work. The Contractor shall pr:oceed with the work, as changed .a_nd the value of any
such extra work or change shall be determined as provided in the Agreement, and the
contract sum adjusted accordingly. Any claim for extension of time caused thereby shall
be adjusted at the time of orderin~ such change. "
In giving instructions, the Engineer shall have authority to make minor changes in the
work which does not involve extra cost and is consistent with the purpose of the work.
Except in an emergency endangering life and property, no extra work or change shall be
made unless in pursuance of a written order, and no claim for an addition to the Contract
Sum shall be valid unless the additional work was so ordered.
"A Modification of Quantities -The itemized quantities shall be considered by the
Contractor as the quantities required to complete the work for the purpose of bidding.
Should actual quantities required in the construction of the work be greater or lesser than
the quantities shown on the items, an amount equal to the difference in quantities at the
unit price bid for the items will be added to or deducted from the Contract Sum.
B. When itemized quantities are not given in the Proposal, the work shown on the plans
or specifications shall be considered by the Contractor to be included in his contract for
the lump sum prices bid.
C. If the prices submitted by the Contractor pursuant toa Change Order can not be
agreed to mutually by the Owner, then the Contractor shall perform the Work,maintain
accurate records reviewable by the Engineer and Owner, and the Engineer shall
recommend to.the Owner a reasonable cost plus overhead and profit pursuant to the
Contract Documents. The combined reasonable overhead and profit shall not exceed
fifteen percent (15%) in any case.
83 - Force Account and Extra Work
If the Engineer orders, in writing, the performance of any work not covered by the plans or .
included in the specifications, and for which no unit price or lump sum basis can be
agreed upon, then such extra work shall be done on a Cost-Plus-Percentage basis of
payment as follows:
A Reasonable allowance for overhead and profit combined to be included in the total
cost to the Owner shall be based on the following schedule:
. GENERAL CONDITIONS
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1. -For the Contractor, for any work performed by the Contractor's own forces, an
amount not to exceed fift~en percent (15%) ofth~ 9Ost.
2. For the Contractor, for any work performed by the Contractor's Subcontractor,
seven and one-half percent (7-1/2%) ofthe amount due the Subcontractor.
The Owner will not recognize subcontractors of subcontractors. To facilitate checking of
quotations for extras or credits, however, -all proposals shall be accompanied by a
complete itemization Qf costs including labor, materials and subcontracts. labor and
materials shall be itemiz~ in the - manner prescribed above. The burden of proof of cost
rests upon the Contractor. Where major cost items are subcontracts, they shall be
itemized also. All changes-require written approval prior to commencing work.
B. The term "Cosr shall cover all payroll charges for persons employed and supervision
required under the! specific Order, together with all workmen's compensation, Social
Security, pension and retirement allowances and social insurance, or other regular payroll
charges on same; the cost of all material and supplies required of either temporary or
pennanent character; rental of all power-driven equipment at the current Associated
Equipment Distributors (AED) rate; and any other costs incurred by the Contractor as a
direCt result of executing the Order, if approved by the Engineer and the Owner.
C. Except in an emergency endangering life and property, no extra work or change shall
be made unless in pursuance of a written order, and no claim for an addition to the
Contract Sum sha~1 be valid unless the additional work was so ordered. The cost of the
work shall be submitted to the Engineer along with the monthly pay request
84 - Claims for Extra Cost
A If the Contractor claims that any instructions by drawings or otherwise issued after the
date of the Contract involved extra cost under the Contract, he shall give the Engineer
written notice therEK)f within seven _ (7) days after the receipt of such instructions, and in
any event ~fore proceeding to "execute the work, except in-an emergency endangering
life or property, and the procedure shall then be as provided for changes in the work. No
such claim shall bE! valid unless so made.
B. Extra work not :included in Article (a) but authorized after the date of the Contract that
cannot be classified as coming under any of the Contract units may be done at mutually
agree(f upon unit price, or on a lump sum basis, or under the provision of Paragraph
-01001-83.
c. Extra Costs which Jesuit from delays which cause an interruption in the orderiy
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progress of the work as described in Paragraph 01001-79 herein before, will be
considered under the following conditions.
GENERAL CONDITIONS
01001-45
1. No claim will be considered in cases where the Contractor is able, without
undue hardship, to shift his work crew to other productive work on the same
project in the same general work area.
2. The claim for extra cost due to delay shall be computed on a cost plus
percentage basis as hereinafter specified under Paragraph 01001-83.
3. Unavoidable delays caused by weather as defined in Paragraph 01001-79 (0)
(3) shall be cause for extensions of time~ However, damage to the Contractor
caused by weather or an Act of God shall not be cause for additional
cornpensation or monetary adjustment.
85 - Correction of Work Before Final Payment
The Contractor shall promptly remove from the premises all material condemned by the
Engineer, or as detennined by the Engineer as failing to meet Contract requirements,
whether incorporated in the work or not, and the Contractor shall promptly replace and
re-execute his own work in accordance with the Contract and without expense to the
Owner and shall bear the expense of making all work of other Contractors destroyed or
damaged by ~uch removal or replacement.
If the Contractor does not remove such condemned work and materials as promptly as
possible, after written notice, the' Owner may remove them and store the material at the
expense of the Contractor.
86 - Suspension or Abandonment of Work
A. Suspension of Work.
The Owner may at any time, for any reason, suspend the work, or any part thereof by
giving three (3) days written notice to the Contractor. The work shall be resumed by the
Contractor within ten(10) days after the date fixed in the written notice from the Owner to
the Contractor."
If the project is suspended' by the Owner during any given phase for more than 60
consecutive days, the Contractor shall be compensated for services performed prior to
notice of such suspension: When the project is resumed, the Contractor's compensation
shall,be equitably adjusted'to provide for actual expenses incurred in the intenuption and
resumption of the Contractor's services, excluding overhead and profit. Said expenses
must be documented ~nd submitted to the Engineer for review and upon approval by the
Owner for reasonable expenses will be reimbursed to the Contractor. The Contractor
shall mitigate any expenses incurred during the suspension period.
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Nothing in this Subparagraph "A" above shall prevent the Owner from immediate
suspension of the Contractor'.swork when the health qr w~tfare ofthe public are at risk in
the .opinion of the Engineer or the Owner. ' .
B. Abandonment of Work.
This Contract may be terminated by the Owner upon seven (7) days written notice to the
Contractor in the event that the project is permanently abandoned. If the project is
abandoned by the Owner for more than 90 consecutive days, the Contractor rnay
terminate this Contract upon not less than seven (7) days written notice to the Owner.
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87 - Termination of Contract
A. Termination fOlr Convenience of Owner.
The Owner may, at any time upon ten days' written notice to the Contractor, terminate
(without prejudice to any right or remedy of the Owner) the whole or any portion of the
Work for the convenience of the Owner.
The Contractor in calculating his termination application for payment, shall develop his
outstanding cos1s in accordance with Paragraph 01001-83,'including those materials in
transit and uncanrellable with the appropriate percentage markups; subcontractors shall
follow same procedures. All costs must be substantiated by adequate back-up
documentation. The termination will not affect any rights or remedies of the Owner
against the Contractor then existing or which may thereafter accrue. Any retention or
payment of moneys due to the Contractor by the Owner will not release the Contractor
from liability.
B. Default Termination.
The Owner may, i1f in the Owner's sole judgment and upon written notice to the
Contractor, terminate (without prejudice to any right or remedy of Owner) the whole or
any portion of the ,Work required' by the contract Documents in anyone of the following
circumstances:
1. if the Contractor refuses or fails to prosecute the Work, or any separable part
thereof, witlh such diligence as will ensure the Substantial Completion of the Work
within the Contract time: '
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2. the Contractor is in material default in carrying out any provisions of this
Contract for a cause within its control;
3. if the Contractor files a voluntary petition in bankruptcy or a petition seeking or
'. acquiescin~J in any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief for itself under any present or future federal,
GENERAL CONDITIONS
01001-47
state or other statute, law or regulation relating to bankruptcy, insolvency or other
relief for debtors;
4. if a trustee, receiver or liquidator, is appointed for the Contractor or for all or any
substantial part of the property of the Contractor; or if the Contractor makes a
general assignment for the benefit of creditors or admits in writing its inability to
pay its debts generally as they become due;
5. if the Contractor has filed against it a petition in bankruptcy under any present
or Mure federal or state statute, law or regulation relating to bankruptcy,
insolvency or other relief for debtors and the same is not discharged on or before
forty-five (45) days after the date of the filing thereof; or if the Contractor is
adjudged a bankrupt;
6. if the Contractor is adjudged a bankrupt, makes a general assignment for the
benefit of its credit~rs, or if a receiver is appointed on account of its insolvency;
7. if the Contractor fails to supply a sufficient number of property skilled workmen
or suitable materials or equipment;
8. if the Contractor fails to make prompt payment to Subcontractors for materials
or labor, unless Contractor otherwise provides Owner satisfactory evidence that
payment is not legally due; ,
9. if the Contractor persistently disregards laws, ordinances, rules, or regulations
or order of any public authority having jurisdiction; , .
10. if the Contractor substantially violates any provision' of the Contract
Documents; or
If, after COntractor has been tenninated for default pursuant to Paragraph B,' it is
determined that none of the circumstances set forth in Paragraph a.exist, then such
termination shall be considered a tennination of convenience pursuantto'Paragraph A.
If Owner tenninates this ~greement for any of the reasons enumerated in Paragraph B,
then the Owner may tak~ possession of the site and of all documents, materials,
equipment, tools, construction equipment.and machinery thereon. owned" by the
Contractor and may finish the work by whatever method he may deem expedient In
such case,' the Contractor shall not be entitled to receive any further payment until the
work is finished.
C. Allowable Tennination Costs.
If the Owner termin~tes tOe whole.or any portion of the Work pursuant to Paragraph A
then the Owner shall only be liable to Contractor for those costs reimbursable to
GENERAL CONDITIONS
01001-48 "
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Contractor in accordance with Paragraph 0, plus the cost of settling and paying claims
. . arising out of the termination of Work under subcontracts or orders, pursuant to
Paragraph D, which are properly chargeable to the terminated portion of the Contract
(exclusive of amounts paid or payable on account of completed items of equipment
delivered or serviCes furnished by subcontractors or vendors prior to the effective date of
the Notice of Termination), which amounts shall be included in the costs payable under
subparagraph B.1, above, and the reasonable costs of settlement, including accounting,
legal, clerical and other expenses reasonably necessary for the preparation of settlement
claims and suppo.ting data with respect to the terminated portion of the Contract,
together with reasonable storage, transportation and other costs incurred in connection
with the protection of disposition of property allocable to this contract.
Provided, however, that if there is evidence that the 'Contractor would have sustained a
loss on the entire Contract had it been completed, no profit shall be included or allowed
hereunder and an appropriate adjustment shall be made reducing the amount of the
settlement to reflect the indicated rate of loss.
The total sum to be paid to the Contractor under this Paragraph C shall not exceed the
Contract sum as n~uced by the amount of payments otherwise paid, by the Contract
price of Work not tenninated and as otherwise permitted by this Contract. Except for
normal spoilage, and except to the extent that the Owner shall have otherwise expressly
assumed the risk of loss, there shall be excluded from the amounts payable to the
Contractor, as provided in this Paragraph C, the fair value, as reviewed by the Engineer,
determined by the Owner, of property which is destroyed,lost, stolen or damaged so as
to become undeliverable to the Owner.
D. GE:!neral Termination Provisions.
After receipt of a Notice qfTermination from the Owner, pursuant to Paragraph A or B,
and except as otherwise directed by the Owner, the Contractor shall:
1. stop Work under the Contract on the date and to the extent specified in the
Notice of Tennination; .
2. place no further orders or subcontractS for materials,. services or facilities,
except as may be necessary for completion of such portion of the Work under the
Contract as is not terminated; .,
3. ~erminate all orders and. subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
4. assign to the Owner in the' manner, at the times and to the extent directed by -
, the Owner, all of the right, title and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Owner shall have the right, in its
GENERAL CONDITIONS,
01001-49
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sole discretion, to settle or pay any or all claims arising out of the tennination of .
such orders and subcontracts;
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5. settle all outstanding liabilities and all claims arising outof such termination of
orders and subcontracts; with the approval or ratification shall be final for all the
purposes of this clause;
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6. transfer title and deliver to the entity Of entities deSigned by the Owner, in the
manner, at the times and to the extent, if any, directed by the'Engineer, and to the
extent specifically produced or specifically acquired by the Contractor for the
performance of s,uch portion of the work as had been tenninated;
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a. the fabricated or unfabricated parts, Work in process, partially completed
supplies and equipment, materials, parts, tools, dies, jigsuand other fixtures,
completed Work, supplies and other material produced as part of, or
acquired in connection with the perfonnance of, the Work terminated by the
Notice of Termination, and
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b. the completed or partially completed plans, drawings, information, and
other property related to the Work;
7. use his best efforts to sell, in the manner, at the times, to the extent and at the
price or prices directed or authorized by the Engineer, and property of the types
referred to in Paragraph 0; provided, however, that the Contractor:
a. shall not be required to extend credit to any buyer, and .
b. may acquire any such property under the conditions prescribed by and at a
price or prices approved by the Engineer; and provided further that the
proceeds of any such transfer or disposition shaU be applied in reduction of any
payments to be made by the Owner to the Contractor under this Contract
or shall otherwise be credited to the price or Cost of the Work covered by this
Contract or paid in such other manner as the Engineer may'direct;
8. complete performance of such part of the Work as shall not have been
tenninated by the Notice of T ennination; and
9. take such action as may be necessary, or as the Engineer may direct, for the
protection and preserv~tion of the property related to this Contract which is in the
possession of the Contractor and in which the Owner has or may acquire an .
interest
The Contractor shan, from the effective Date of T ennination until the expiration 'of three
years after Final Settlement under this contract, preserve and make available to the
Owner, at all reasonable times at the office of the Contractor, but without direct charge to
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the Owner, all its books, records, documents, and otherevidence bearing on the costs
and expenses of the Contractor under this Contract and relating to the Work terminated
hereunder, or, to the extent approved by the Engineer, photographs, microphotographs or
other authentic reproductions thereof. . ""
In arriving at any amount due the Contractor pursuant to Paragraph C, there shall be
deducted:
1. all unliquidated advance or other payments on account therefore made to the
Contractor applicable to the terminated portion of this Contract;
2. any claim which the Owner may have against the Contractor;
3. such claim as the Engineer may advise and the Owner determines to be
necessary to protect the Owner against loss because of outstanding or potential
liens or claims; and
4. the agreed price for, or the proceeds of sale of, any materials, supplies, or other
things acquired by the Contractor or sold, pursuant to the provisions of
Paragraph 0, and not otherwise recovered by or credited to the Owner.
. .
Contractor shall refund to the Owner any amounts paid by the Owner to Contractor in
excess of costs. reimbursable under Paragraph C.
The Owner, at its option and Contractor's expense, may have costs reimbursable under
Paragraph C audited and certified by independent certified public accountants selected
by the Owner.
88 - Contractor's Right to Stop Work or Tenninate Contract
If the work should be stopped under an order of any court for a period of three (3)
months, through no fault of the Contractor or of anyone employed by him, then the
Contractor may, upon seven (7) days written notice to the Owner and the Engineer, stop
work or terminate this Contract and recover from the Owner payment for all work .
executed, plus any loss sustained upon any plant or materials excluding overhead, profit
and damages.
89 - Disputes Resolution.
A. All claims, disputes and other matters in question between the Contractor and the
Owner arising out of, or relating ~o,this Contract or the breach therefore, shall be tried .
before and to a jUlY trial; unless otherwise stipulated between the parties. Any legal
proceeding arising out 'of, or relating to, this agreement ~hall include, by consolidation,
joiner, or joint filing, any additional person or entity to the final resolution of the matter in
controversy. The Contractor hereby further agrees that, should any subcontractor or
GENERAL CONDITIONS
01001-51
supplier to the Contractor file a claim concerning any dispute or controversy, which
involves the allegations of any acts, errors or omissions of the Contractor, then the.
Contractor shall indemnify and hold harmless the Owner, its employees, agents, and
representatives, the Engineer, its employees, agents, and representatives from any and
all costs incurred to include legal costs and attomey's feeS and payment of any judgment
against the Owner. . ,
B. Should the Owner utilize an attorney to enforce any of the provisions hereof, to protect
its interest in any matter arising under this Contract, or to .collectdamages for breach of
this Contract, the Contractor agrees to pay the Owner all reasonable costs, charges,
expenses and attomey's fees expended or incurred therein.
C. Any disputes arising under the terms and conditions of this Contract shall not be
subject to mediation or arbitration.
D. The Contractor irrevocably consents that any legal action or proceeding against it
under, arising out of or in an manner relating to the contract, shall be brought in any count
in the county in which the Owner is located. Contractor designates the Secretary of
the State in which the county is located as its agent for service of process, provided no
such agent located in Georgia is on file with the said Secretary. Contractor, by the
execution and delivery of the Contract, expressly and irrevocably assents to and submits
to the personal jurisdiction of any court in the county in which the Owner is located., and
irrevocably waives any claim or defense in any said action or proceeding based on any
alleged lack of jurisdiction, improper venue or forum non conveniens or any similar basis.
90 - Removal of Equipment
In the case of termination of this Contract before completion for any cause whatever the
Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his
equipment from the property of the Owner, failing whichthe Owner shall have the right to
remove such equipment at the expense of the Contractor.
91 - Laws of Georgia
This contract shall be governed by the Laws of the State of Georgia.
If any provision hereof shall be held or deemed to be or shall, in fact, be inoperatiVe or
unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all
jurisdictions, or in all cases because it conflicts with any other provision or provisions
hereof or any constitution or staMe or rule of public policy, or for any other reason, such
circumstances shall-not have the effect of rendering the remaining provision of this
. Contract invalid, inoperative or unenforceable.
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92 - Discrepancy Between General Conditions and Technical Specifications
Should there be a discrepancy between the General Conqitions and Technical
Specifications, the TechnicalSpdcations shall govern.
END OF SECTION 0100'1
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F&V Project No. 97124 01
North Clarifier Modifications - Messer1y Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 01002 - SPECIAL CONDITIONS
1.01 SCOPE OF THE WORK:
A. The work to be done consists of providing all plant, labor, fixtures, equipment,
materials and supplies and performing all operations in full compliance with the
Plans and Specifications and including the placing of the entire project into
satisfactory operation.
1.02 GENERAL CONDITIONS:
A. The General Conditions of the Construction Contract shall apply to all work in this
Contract except as otherwise specified in these Special Conditions. Requirements
. of these Special Conditions supersede those of the General Conditions.
1.03 UQUIDA TED DAMAGES:
A. The Owner will suffer financial loss . if the work is not complete on the date set forth
in the Contract DOaJments. including extensions thereto. Failure to cornplete the
work within the number of days stipulated in the Contract shall entitle the Owner to
retain from compensation otherwise due to be paid to the Contractor, or for the
Owner to be paid directfy by the Contractor the sum of $500.00 as fixed and agreed
to as liquidated damages for each calendar day of delay until the work is complete,
excluding Sundays and legal holidays. The Contractor and his Surety, shall be
liable for and shall pay to the Owner any sum due and owing to the Owner as
liquidated damages.
B. It is agreed by and between the parties hereto that the aforesaid sum. has been
established, not as a penalty but as liquidated damages and that it is reasonable
and acceptable, as the Owner provides services necessary for the health and
welfare of the public and due to the impracticality and extreme difficulty of fixing and
ascertaining the actual damages in such an event.
1.04 COMMENCEMENT AND COMPLETION:
A. The Contractor shall agree to commence work under this contract within ten (10)
calendar days after the Notice to Proceed is issued, and shall complete all work
within the number of calendar days specified in the Bid Proposal. The contract time
includes allowances for normal amounts of inclement weather. Extensions of time
shall be granted! only because of abnoRnal weather conditions or other conditions
outlined in Paragraph 79 of Section 01001, General Conditions.
SPECIAL CONDITIONS
01002-1
F&V Project No. 9712401
North Clarifier Modifications - Messer:lY Wastewater Treatment Plant
Augusta-Ridtmond County, Georgia
1.05 PLANS:
Following are the Plans which form a part of this Contract:
Sheet No.
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Plant Location Map, Demolition Plan & General Notes
M2
Clarifier Plans, Sections & General Notes
M3
Miscellaneous Details
END OF SECTION 01002
SPECIAL CONDITIONS
01002-2
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
. Augusta-Richmond County, Georgia
SECTION 01605 - SHIPMENT: PROTECTION. AND STORAGE
1.01 GENERAL:
. . Equipment, products and materials shall be shipped, handled, stored, and installed in
ways which will prevent damagejo the items. Damaged items will not be permitted as
part of the work except in cases.of minor damage that have been' satisfactorily repaired
and are acceptable to the Resident Project Representative.
3.01 EQUIPMENT:
A. PACKAGE AND MARKING:
All equipment and fabrications shall be protected agair;1st damage from moisture,
dust, handling, or other cause during transport from manufacturer's premises to site.
. Each item or package shall be marked with the number unique to the specification
reference covering the item.
Stiffeners shall be used where necessary to maintain shapes and to give rigidity.
parts of equipment shall be delivered in assembled of subassembled units where
possible.
B. FACTORY APPLIED COATINGS:
Unless otherwise specified, each item of equipment shall be shipped to the site of the
work with the manufacturer's shpp applied epoxy prime coating as specified in
Section 09800. The prime coating shall be applied over clean dry surfaces in
accordance with the coating manufacturer's recommendations. The prime coating will
serve as a base for field-applied finish coats.
C. STORAGE:
During ,the interval between the delivery of equipment to the site and installation, all
equipment, unless otherwise.specified, shall be stored in an enclosed space affording
protection from weather, dust and mechanical damage and' providing favorable
. temperature, humidity and ventilation conditions to ensure against equipment
deterioration. Manufacturer's recommendations shall be adhered to in addition to
these requirements.
Equipment and materials to be located outdoors may be stored outdoors if protected
against moisture condensation. Equipment shall be stored at least 6 inches above .
ground. Temporary power shall be provided to energize space heaters or other'heat
sources for control of moisture condensation. Space heaters' or other heat sources
. shall be energized without'disturbing the sealed enclosure.,
SHIPMENT, PROTECTION AND STORAGE
. 01605-1
F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
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- D. PROTECTION OF EQUIPMENT AFTER INSTALLATION:
After installation, all equipment shall be-protected from damage from, including but not
limited to, dust, abrasive, particles, debris and dirt generated by the placement,
chipping, sandblasting, "cUtting, finishing and grinding of new or existing concrete,
terrazzo and metal; and ,from the fumes, particulate matter, and splatter from welding,
brazing and painting of hew or existing piping and equipment. As a minimum,
vacuum cleaning, blowers with filters, p'rotective shieldings, and other dust
suppression methods will be required at all times to adequately protect all equipment.
During concreting, including fi~ishing, all equipment that may be affected by cement
dust must be completely covered. During painting operations, all grease fittings and
similar openings shall be covered to prevent the entry of paint. Electrical switchgear,
unit substation, and motor '9ad centers shall not be installed until "after all concrete
work and sandblasting in thC?se areas have been completed and accepted and the
ventilation systems installed.
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END OF SECTION 01605
SHIPMENT, PROTECTION AND STORAGE
01605-2
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 01660 -INSTALLATION. TESTING. AND COMMISSIONING
1.01 DESCRIPTION:
This section provides specifications for the installation and testing of all rnechanical and
electrical systems. All commissioning work for the equipment installed under this contract,
including equipment furnished by the Owner, shall be performed by the' Contractor.
1.02 QUALITY ASSURANCE:
A. INSTALLATION:
All mechaniCal, electrical, and instrumentation equipment shall be installed in
conformity with the details shown and specified and with the manufacturer's
requirements. Should a manufacturer's installation recommendations conflict with
specific requirements of this project manual, the Contractor shall bring the matter to
the attention of the Engineer. Any costs incurred by the Contractor through failure to
timely notify the Engineer of a difference between project manual and rnanufacturer's
im~tallation requirements shall be borne by the Contractor. -
B. TESTING:
1. GENERAL REQUIREMENTS: ,All materials, equipment, and work provided and/or
installed in this contract shall be tested and inspected to prove compliance with the
contract requirements. Unless otherwise specified, all costs of testing, including
temporary facilities and connections, shall be bome by the Contractor. Installed
leakage tests and other tests shall be. as specified in the section of specifications
covering the p,articular component..
No tests specified herein shall be applied until the item to be tested has been
inspected and approval given for the application of such test.
Test and inspection shall include:
a. The delivery acceptance test and inspections.
b. The installed te~tsand inspections of it~ms as installed.
Test and inspections, unless otherwise specified or accepted, shall be in accordance
with the recognizect standards of the industry. '
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The form of evidence of satisfacjory fulfillment of delivery acceptance test and of
installed test and inspection requirements shall be"at the discretion of the Engineer,
either by tests and inspections carried out in his presence or by certificates or reports
of tests and inspections carried out by approved persons or organizations. The
INSTALLATION, TESTING, AND COMMISSIONING
01660-1
F&V Project No. 97124 01
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
Contractor shall provide and use forms which include all test information, including
specified operational parameters, and shall be acceptable in content to the Engineer.
2. INSTALLED TESTS AND INSPECTIONS:
a) General: All equipment including prepurchased equipment installed by the
Contractor shall be tested by the Contractor to the satisfaction of the Engineer
before and facility is put into operation. Tests.shall be as specified herein and
shall be made to determine whether the equipment has been properly assembled,
aligned, adjusted and connected. Any changes, adjustments or replacements
required to make the equipment operate as specified shall be carried out by the
Contractor and part of the work.
b) Procedures
1) General: Prior to receipt of any progress payments in excess of 60
percent of the Contractor's lump sum bid for the work, the Contractor shall
submit to the Engineer, . in quintuplicate, details of the procedures he
proposed to adopt for testing and start-up of all equipment to be operated
singly and together, excepting when such procedures have been covered in .
the specifications. .
The procedures shall be divided into three distinct stages; pre-operation
checkout. initial operation, and plant operational tests. Testing proCedures
shall be designed to duplicate, as nearly as possible, all conditions of
operation and shall be carefully selected to ensure that the equipment is not
damag~. The Contractor is advised that failure to observe the testing
procedures may place the acceptability of the subject equipment in question.
Once the te~ting procedures have been reviewed by the Eng.ineer, the
Contractor shall produce checkout, alignment, adjustment and calibration
sign-off forms for each item of equipment to be used in the.field by the
Contractor and the Engineer jointly to ensure that eachiterilof electrical and
mechanical equipment has been proper1y installed and tested.
2) Pre-operation Checkout: The procedures shall incorporate all
requirements of these specifications and shall proceed in a logical, step-wise.
sequence to ensure that all equipment has been properly serviced, aligned,
connected, calibrated, and adjusted prior to operation. Preoperational
~eckout procedures shall include, but not necessarily be limited to:
a. Alignmentof equipment.
b. Preoper~tion leakage tests.
INSTALLATION, TESTING, AND COMMISSIONING
01660-2.
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F&V Project No. 97 124 01
North Clarifier Modifications - Messel1y Wastewater Treatment Plant
Augusta-Richmond County, Georgia
3) Initial Operation: Once all affected equipment have been subjected to the
required pre-operational checkout procedures and the Engineer has
witnessed individual systems may be operated under the simulated operating
conditions to determine as nearly as possible ,whether the equipment and
systems meet the requirements of. these specifications. Potable water or
chlorinated effluent, depending on availability, shall be employed for testing.
The Owner will provide the effluent and the Contractor shall bear all
expenses to pump or pipe it to the tested systems. The equipment shall be
operated a sufficient period of time to determine operating characteristics, to
observe performance characteristics; and to permit initial adjustment.
, Disposal methods for test media shall be subject to review by the Engineer.
"
If under test, any portion of the work should fail to fulfill the contract
requirements and is adjusted, altered, renewed or replaced, tests on that
portion when so adjusted, altered, removed or replaced, together with all
other portions ofthe work as are affected thereby, shall, if so required by the
Engineer, be repeated within reasonable time and in accordance with the
specified conditions. The Contractor shall pay to the Owner all reasonable
expense!s incurred by'the Owner as a result of repeating such tests.
Once initial operation has been completed, all equipment shall be
rechecked for proper alignment" realigned, if necessary, and secured in
place. All equipment shall be checked for loose connections, unusual
movement or other indications of improper operating characteristics. Any
deficiencies shall be corrected to the satisfaction of the Engineer.
, Test results shall be within the tolerances set forth in the detailed
specificsltion sections of this project ,manual. If no tolerances have been
specified, test results shall conform to tolerances established by recognized
industry practice. Where, in the case of an otherwise satisfactory installed
test, any doubt, dispute, or difference should arise between the Engineer and
the Contractor regarding the test results of the methods or equipment used in
the perfonnance of such .test, then the Engineer may order the test to be
repeated!. If the repeat test~ using such modified methods or equipment as
the Engineer may required, substantially confirms the previous test, then all
costs in connection with the repeat test will be paid by the Owner, otherwise
the costs shall be borne by the Contractor. Where the results of any installed
test fail to comply with the contract requirements for such test, then such
repeat tests as may be necessary to achieve the contract requirements shall
be made by the Contractor at his expense.
The Contractor shall provide at no expense to the Owner, all utilities,
supplies, labor and all other necessary items and work required to complete
all tests and inspecti9n specified in this section. The Owner will allow the
INSTALLATION, TESTING, AND COMMISSIONING
01660-3
Contractor use of plant power and water as long as it does not interfere with
plant operations.
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
4) Plant Operational Testing: After completion of all installed testing and
certification by the. Engineer that all equipment complies with the
requirements of the specifications, the Contractor shall fill all process systems
and units with the specified fluid.
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Upon completion of the filling operations, the Contractor shall operate the
completed systems and processes for a period of not less than 24 hours,
during which all systems shall be operated as a Complete facility at various
loading ,conditions, as directed by the Engineer. Should the operational
testing period be halted for any reason related to the facilities constructed or
the equipment furnished under this contract, or the Contractor's temporary
testing systems, the operational testing program shall be repeated until the
specified continuous period has been accomplished without interruption. All
process units,and systems shall be brought to full operating conditions.
C. COMMISSIONING:
After completion of all installed and operational testing, the Contractor shall make
Written application to the Engineer for pennission to introduce appropriate fluid into
the facility and demonstrate compliance of the equipment, structures, and systems
furnished and installed under this contract with all requirements of this project
manual. Such application shall be furnished to the Engineer not less than 30 days
prior to the date fluids are to be released into completed portions ,of the facility.
Upon receipt of written permission from the Engineer, and on the agreed upon
date, the Contractor shall do all things necessary to effect the release of fluid into
the facility and to permit adequate operation of the facilities. The Owner will
operate necessary valves and gates to allow process fluid to enter the completed
structure.
The Owner will pay for all electrical power, water,' chemicals, and'fuel necessary
for operation of the facility during commissioning.
PART 2 - MATERIALS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 01660
INSTALLATION, TESTING, AND COMMISSIONING
01660-4
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 01800 - SUBMITTALS
1.01 GENERAL:
Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, requests for substitutions, and
miscellaneous work-related submittals. Submittals shall also include, but not be limited
to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing
steel, fabricated items, and piping and conduit details. The Contractor shall furnish all
drawings, specifications, descriptive data, certificates, samples, tests, methods,
schedules, and manufacturer's installation and other instructions as specifically required
in the Project Manual to demonstrate fully that the materials and equipment to be
furnished and the methods of work comply ,with the provisions and intent of the contract
documents.
2.01 CONTRACTOR'S RESPONSIBILITIES:
The Contractor shall be responsible for the accuracy and compl~teness of the infoRnation
contained in each submittal and shall assure that the material, equipment or method of
work shall be as described in the submittal. The Contractor shall'certify'that all fe~tures
of all products conform to the specified requirements. Submittal documents shall be
clearly edited to indicate only those items, models, or series of equipment, which are
being submitted for review. All extraneous materials shall be crossed out or otherwise
obliterated. The Contractor shall ensure that there is no conflict in each case where his
submittal may affect the work of another contractor or the Owner. The Contractor shall
coordinate subm~is among his subcontractors and suppliers.
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The Contractor shaU coordinate submittals with the work so that work will not be delayed.
He shall coordinate and schedule ~ifferent categories of submittals, so that one will not
be delayed for lack of coo~ination with another.. No extension of time will be allowed
because of failure to properly schedule.subrnittals. The Contractor shall not'proceed with
work related to a submittal unit the submittal process is complete. This requires that
submittals for review and comment shall be returned to the.Contractor stamped
No Exceptions Taken or MakffCorreclionsNoted.
The Contractor shall certify on each submittal document that he has reviewed the '
subrnittal, verified field conditions, and complied with the contract documents.
The Contractor may. authorize in writing a material or equipment supplier to deal directly
with the Engineer or with the Owner with regard to a submittal. 'These dealings shall be
.Iimited to contract interpretations to clarify and expedite the work. '
SUBMITTALS
01800-1
A. GENERAL:
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
3.01 CATEGORIES OF SUBMItTALS: .
Submittals fall into two g~neral categories, submittals for review and comment, and
submittals which 'are .primarily for information only. Submittals which are for
information only are gen~rally specified as PRODUCT DATA in Part 2 of applicable
specification sections.
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B. SUB~ITTALS FOR REVIEW AND COMMENT:
All submittals except where specified to be submitted as product data for information
only shall be submitted by the Contractor to the Engineer for review.:and comment.
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C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Where specified, the Contractor shall furnish submittals (product data) to the Engineer
for information only. Submittal requirements for operation and maintenance manuals,
which are included in this category, are specified in Section 01730.
4.01 TRANSMITTAL PROCEDURE:.
A. GENERAL:
Unless otherwise specified, submittals regarding material and equipment shall be
accompanied by Transmittal Form 0180O-A following this section~ Sl,Jbmittals for
oper.ation and maintenance manuals, information and data shaUbe accompanied by
Transmittal Form 01800-B following this section. A separate form shall be used for
each specific item, class of material, equipment, and items specified in separate,
discrete sections, for which the submittal is required. Submittal documents common
to more than one pie~ of equipment shall be identified with all the appropriate
equipment numbers. Submittals for various items shall be made wittf'a single form
when the items taken together constitute a manufacturer's paCkage or are so
, functionally related that expediency indicates checking or review of .the group or
package as a ~hol~. .
A unique number, sequentially assigned, shall be noted on the transmittal fot:m
accompanying each item submitted. Original submittal numbers shall have the
followingJormat: "XXX"; where "XXX" is the sequential number assigned by the
Contractor. Resubmittals shall have the following format: "XXX-yo'; where "XXX" is
the originally aSsigned submittal number and Y is a sequential letter assigned for .
resubmittals, i.e., A, G, or C being the first, second,. and third resubmittals,
respectively. Submittal 2~B, for example, is the secondresubmittal of submittal 25. .
SUBMITTALS
, 01800-2
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County. Georgia
3.01 CATEGORIES OF SUBMITTALS:
A. GENERAL:
Submittals fall into two general categories, submittals for review and comment, and
submittals which are primarily for information only. Submittals which are for
information only are generally specified as PRODUCT DATA in Part 2 of applicable
specification sections.
B. SUBMITTALS FOR REVIEW AND COMMENT:
All submittals except where specified to be submitted as product data for information
only shall be submitted by the Contractor to the Engineer for review and comment.
C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Where specified, the Contractor shall furnish submittals (product data) to the Engineer
for information only. Submittal requirements for operation and maintenance manuals,
which are included in this category, are specified in Section 01730.
4.01 TRANSMITTAL PROCEDURE:
A. GENERAL:
Unless otherwise specified, submittals regarding material and equipment shall be
~ccompanied by Transmittal Form01800-A following this section. Submittals for
operation and maintenance manuals, information and dats shall be accompanied by
Transmittal Fornl 01800-B following this section: A separate form shall be used for
each specific item, class of material, equipment, and items specified in separate,
discrete sectiom~, for which the. submittal is required. Submittal documents common
.to more than on~3 piece of equipment shall be identified with all the appropriate
equipment numbers. Submittals for various items shall.be made with a single form
when the items ~ken together constitute a manufacturer's package or are so
functionally related that,expediency indicates checking or review of the group or
package as a whole... .
A unique number, sequentially assigned, shall be noted on the transmittal form
accompanying each item submitted. .Original submittal numbers shall have the
following format: "XXX"; where "XXX" is the sequential number assigned by the
Contractor. ReSubmittals shall ha,ve the following format: "XXX-V"; where "XXX" is
the originally assigned submittal number and Y is a sequential 'letter assigned for -
resubmittals, i.e., A, G, or C beirig the first, second, and third resubmittals,
respectively. Submittal 25B, for example, is the second resubmittal of submittal 25.
SUBMITTALS
01800-2
If the Contractor proposed to provide material, equipment, or method of work which
deviates from the project manual, he shall indicate so under "deviations" on the
transmittal form accompanying the submittal copies.
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
B. DEVIATION FROM CONTRACT:
C. SUBMITTAL COMPLETENESS:
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Submittals which do not have all the information required to be submitted, including
deviations, are not acceptable and will be returned without review.
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5.01 REVIEW PROCEDURE:
A. GENERAL:
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Submittals are specified for those features and characteristics of materials,
equipment, and methods of operation which can be selected based on the
Contractor's judgment of their conformance to the specified requirements. Other
features and characteristics are specified in a manner which enables the Contractor to
determine acceptable options without submittals. The review procedure is based on
the Contractor's guarantee that all features and characteristics not requiring
submittals conform as specified. Review shall not extend to means, methods,
techniques, sequences or procedures of construction, or to verifying quantities,
dimensions, weights C?r gages, or fabrication processes (except where specifically
indicated or required by the project manual) or to safety precautions or programs
inci.dent thereto. Review of a separate item, as such, will not indicate approval of the
assembly in which the item functions.
When the contract documents require a submittal, the Contractor shall submit the
specified infonnation as follows:
1. Six copies of all submitted information shall be transmitted with submittals for
review and comment.
2. Unless otherwise specified, five copies of all submitted information shall be
transmitted with submittals (product data) for information only.
B. SUBMITTALS FOR REVIEW 'AND COMMENT:
Unless otherwise specified, within thirty (30) calendar days after receipt of a submittal
for review and comment, .the Engineer shall review the submittal and return two
copies to the Contractor. The returned submittal shall indicate one of the following
actions: '
SUBMITTALS
01800-3
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
1. If the review indicates that the material, equipment or work method complies with
the project manual, submittal copies will be marked No Exception Taken. In this
event, the Contractor may begin to implement the work method or incorporate the
material or equipment covereq by the submittal. .'. ,.f'
2. If the review indicates limited corrections are required, copies will be marked Make
Corrections Noted. The Contractor may begin implementing the work rnethod or .
incorporating the material and equipment covered by the submittal in accordance with
the noted corrections. . Where submittal information will be incorporated in O&M data,
a corrected copy shall be provided.
3. If the review reveals that the submittal is insufficient or contains incorrect data,
copies will be marked Revise and Resubmit. Except at his own risk, the Contractor
shall not undertake work covered by this submittal until it has been revised,
resubmitted and returned marked either No Exception Taken or Make Corrections
Noted.
4. If the review indicates that the material, 'equipment, or work method does not
comply with the project manual, copies of the submittal will be marked Rejected.
Submittals with deviations which have not been identified clearly may be rejected.
Except at his own risk, the Contractor shall not undertake the work covered by such
submittals until i:1 new submittal is made and returned marked either No Exception
Taken or Make Conections Noted.
C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Such ~nformation is not subject to submittal review procec;jures and shall be provided
as part of the work under this Contract and its acceptability determined under normal
inspection procedures.
6.01 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS:
Review of contract drawings, methods of work, or information regarding materials or
equipment the Contractor proposed to provide, shall not relieve the Contractor of his
responsibility for errors therein and shall not be regarded as an assumption of risks or
liability by the Engineer or the Owner, or by any officer or employee thereof, and the
Contractor shall have no claim under the contract on account of the failure~ or partial
failure, of the method of work, material, or equipment so reviewed. . A mark of No .
Exception Taken-or Make Conections Noted shall mean that the Owner has no objection
to the Contractor, upon his own responsibility, using the plan or method of work
proposed, or providing the materials orequipment proposed.
END OF SECTION 01800
SUBMITTALS
018004
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01 BOO-A
SUBMITTAL TRANSMITTAL FORM
DATE:
TO:
SUBMITTAL NO.:..
CONTRACT NO.:
SPEC. SECTION:
FROM:
ATTENTION:
THE FOllOWING MATERIAL IS TRANSMITTED FOR SUBMITTAL REVIEW
NO. DATE COPIES DESCRIPTION/EQUIPMENT NO.
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WE HAVE VERIFIED THAT THE MATERIAL TRANSMITTED HEREIN IS IN COMPLIANCE WITH THE SPECIFICATIONS
with no exceptions
except for the following deviations
NO.
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DEVIA liON
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CONTRACTOR'S SIGNATURE
NO EXCEPTION MAKE CORRECTIONS
TAKEN NOTED
REJECTED REVISE AND RESUBMIT
Checking is only for general conformance with the design
concept of the project and general compliance with the
information given in the contract documents, Any action
shown is subject to the requirements of the plans and
specifications. Contractor is responsible for: Dimensions
which shall be confirmed and correlated at the job site:
fabrication processes and techniques of construction:
coordination of his worK with that of any other trades and the
satisfactory performance of his worK.
FREEMAN & VAUGHN ENGINEERING, INC.
Date:
By:
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01800-8
PRODUCT DATA TRANSMITTAL FORM
DATE:
TO:
PRODUCT DATA NO.:
CONTRACT NO.:
SPEC. SECTION:
FROM:
ATTENTION:
THE FOL.LOWlNG MATERIAL IS T~NSMITTED AS PRODUCT DATA
NO. DATE COPIES DESCRIPTION/EQUIPMENT NO.
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WE HAVE VERIFIED THAT THE MATERIAL TRANSMITTED HEREIN IS IN COMPLIANCE WITH THE SPECIFICATIONS
CONTRACTOR:
SIGNATURE
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F&V ProjedNo. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 02050 - DEMOLITION
PART 1 - GENERAL:
1.01 RELATED DOCUMENTS:
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division-1 Specification sections, apply to work of.this section.
1.02 DESCRIPTION OF \NORK:
A., Extent of demolition work is indicated on drawings.
Demolition includes all operations necessary for demolition of the existing effluent
launders, scum baffle, effluent box and support framing as shown.
1..03 SUBMITTALS:
A. Schedule: Submit schedule indicating proposed methods and sequence of operations
for demolition work to Owner's Representative for review prior to commencement of
work. The procedures shall provide for safe conduct of the work, careful removal and
disposition of materials,specified to be salvaged and protection of property which is to
remain undisturbed. The submittal shall include a detailed desaiption of the methods
and equipment to be used for each operation, and the sequence of operation.
Provide detailed sequence of demolition and removal work to ensure uninterrupted
. progress of Owner's on-site operations.
1.04 JOB CONDITIONS:
A. Condition of Structures: Owner assumes no responsibility for actual condition of items
or structures to be demolished.
B. Partial Demolition and Removal: Items indicated to be'removed but of salvable value to
Contractor may be removed.from structure as work progresses. Transport salvaged
items from site as they are removed.
Storage or sale of removed items on site will not be permitteq.
C. Protections: Pro"ide temporary barricades and other forms of protection as required to
protect Owner's personnel.and general public from injury due to selective demolition
work.
DEMOLITION
2050-1
F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia '
Provide protective measures as required to provide free and safe passage of Owner's
personnel and general public to and from occupied portions of the site.
Provide interior and exterior shoring, bracing, or support to prevent movement,
settlement, or collapse of structure or element to be demolished, and adjacent facilities
or work to remain.
Protect floors with suitable coverings when necessary.
Remove protections at completion of work.
D. Damages: Promptly repair damages caused, to adjacent facilities by demolition work at
no cost to Owner.
E. Traffic: Conduct selective demolition operations and debris removal in a manner to
ensure minimum interference with plant roads, walks, and other adjacent occupied or
used structures.
F.. Explosives: Use of explosives will not be pennitted.
G. NESHAP Compliance: The Contractor is responsible for being aware of and complying
with the National Emission Standard for Hazardous Air Pollutants (NESHAP) Section
112 of the Federal Clean Air Act regarding asbestos.
PART 2 - PRODUCTS: (Not Applicable).
PART 3 - EXECUTION
3.01 INSPECTION:
A. Prior to commencement of demolition work, inspect areas in which work will be
performed. Photograph existing conditjons to structure surfaces, equipment or to
surrounding properties which could be misconstrued as damage resulting from
selective demolition work; file with Owner's Representative prior to starting work.
3.02 PREPARATION:
A. Provide interior and exterior shoring, bracing, or support to preven~ movement,
settlement or collapse of elements to be demolished and adjacent elements or
structures to remain. '
Cease operations and notify the Owner's Representative immediately if safety of
structure appears to be endangered. Take precautions to support structure until
determination is made for continuing operations.
DEMOLITION
2050-2,
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
B. Cover and protect, equipment and fixtures to remain from damage when demolition
work is performed.
3.03 DEMOLITION:
A. Perform selective demolition work in a systematic manner. Use such methods as
required to comptete work indicated on Drawings in accordance with demolition
schedule and governing regulations.
Promptly remove debris to avoid imposing excessive loads on supporting walls, floors or
framing.
The use of buming at the project site for the disposal of refuse and debris will not be
permitted.
B. If anticipated mechanical, electrical or structural elements which conflict with intended
function or design are encountered,investigate an~ measure both nature and extent of
the conflict. Submit report to.Owner's Representative in written, accurate detail.
Pending receipt of directive form Owner's Representative rearrange selective
demolition schedule as necessary to continue overall job progress without delay.
3.04 DISPOSAL OF DEMOLISHED MATERIALS:
Remove ~ebris, rubbish and other materials resulting from demolition operations from site.
Transport and legally dispose of materials off site.
If hazardous materials are encountered during demolition operations, comply with
applicable regulations, laws, and ordinances concerning removal, handling and protection
against exposure or environmental pollution.
Burning of removed materials.is'not permitted on project site.
3.05 CLEAN-UP AND REPAIR:
A. Upon completion of demolition work, remove tools; equipment and demolished
materials from site. Remove protections and leave interior areas broom clean.
. B. Repair demolition perforriled in excess of that required. Return structures and surfaces
to condition existing prior to commencem'ent of selective demolition work. Repair
adjacent construction or surfaces~oiledor damaged by selective demolition work.
END OF SECTION 02050
DEMOLITION :,
2050-3
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F&V Project No. 97 12401
North Clarifier Modifications - Messerty Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 05500 - METAL FABRICATIONS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS:
Drawings and geneml provisions of Contract, including General and Supplementary
Conditions and Division-1 Specification sections, apply to work of this section.
\
1.02 DESCRIPTION OF WORK:
A. Definition: Metal fabrications include items made from iron and steel shapes, plates,
bars, strips, tubes, pipes and castings which are not a part of structural steel or other
metal systems specified elsewhere.
B. Extent of metal ,fabrications is indicated on drawings and schedules.
C. Types of work in this section include metal fabrications for:
1. Effluent Launder framing and supports.
2. Clarifier Scum Box and supports
3. Clarifier Scum Baffle and supports.
1.03 QUALITY ASSURANCE:
A. Shop Assembly:
1. Preassemble items in shop to greatest extent possible to minimize field splicing and
assembly.
2. Disassemble units only as necessary for shipping and handling limitations. Clearly
mark units for reassembly and coordinated installation.
1.04 SUBMITTALS:
A. Product Data: Submit manufacturer's specifications, anchor details and installation
instructions for products usedin miscellaneous metal fabrications, including paint
products and grout.
METAL FABRICATION
05500-1
B. Shop Drawings:
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F&V Project No. 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
1. Submit shop drawings for fabrication and erection of miscellaneous metal
fabrications. Include plans, elevations and details of sections and connections. Show
anchorage and accessory items. Provide templates for anchor and bolt installation by
others.
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PART 2 - PRODUCTS
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2.01 MATERIALS:
A. Ferrous Metals:
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1. Metal Surfaces. General: For fabrication of miscellaneous metal work which will be
exposed to view, use only materials which are smooth and free of surface blemishes
including pitting, seam marks, roller marks, rolled trade names and roughness.
2. Steel Plates. Shapes and Bars: ASTM A 36.
B. Aluminum Metals:
1. Aluminum Effluent Launders: ASTM B 221, alloy 6061-T6, minimum thickness 1/4
inch.
2. Aluminum Weir Plates and Baffle Plates: ASTM B 221, alloy 6061-T6, minimum
thickness 1/4 inch.
3. Fasteners for Aluminum components: Use fasteners made of316 stainless steel.
C.~:
1. Metallic Non-Shrink Grout: Pre-mixed, factory-packaged, ferrous aggregate grout
complying with CE cRD-C588, Type M.
2. Non-Shrink No~etallic Grout: Pre-mixed, factory-packaged, non-staining,
non-corrosive, nO"1)aseous grout complying with cE CRD-C621. Provide grout
specifically recommended by rnanufacturer for interior and exterior applications of type
specified in this section.
D. f.aint: Painting shall be in accordance with the requirements of Section 09800.
METAL FABRICATION
05500-2
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
2.02 FABRICATION, GENERAL:
A. Workmanship:
1. General: Use materials of size and thickness indicated, or if not indicated, as
required to produce strength and durability in finished product for use intended. Work to
dimensions indicated or accepted on shop drawings, using proven details of fabrication
and support. Use type of materials indicated or specified for various components of
work.
2. Form exposed work true to line and level with accurate angles and surfaces and
straight sharp edges. Ease exposed edges to a radius of approximately 1/32" unless
otherwise indicated. Form bent-metal corners to smallest radius possible without
causing grain separation or otherwise impairing work.
,3. Weld corners and seams continuously, complying with AWS reCommendations. At
exposed connections, grind exposed welds smooth and flush to -match and blend with
adjoining surfaces.
4. Form exposed connections with hairline joints, flush and smooth, using concealed
fasteners wherever possible. Use exposed fasteners of type indicated or, if not
indicated, Phillips flat-head (countersunk) screws or bolts. .
5. Provide for anchorage of type indicated,coordinated with supporting structure.
Fabricate and space anch()ringdevices to provide adequate support for intend~ use.
6. Cut. reinforce. drill and tap miscellaneous metal work as indicated to receive finish
hardware and similar items.
. C. Shop Painting: Painting and surface preparation shall be in accordance with Section
09800.
2.03 MISCELLANEOUS FRAMING AND SUPPORTS:
A. Provide miscellaneous steel framing and supports whict) are not a part of structural
steel framework, as required to complete work. .
B. Fabricate miscellaneous units to sizes, shapes and profiles indicated or, if not indicated,
of required dimensions to receive adjacent other work to be retained by framing. Except
as otherwise indicated, fabricated from structural steel shapes, plates and steel bars of
. welded construction using mitered joints for field connection. Cut, drill and tap units to
receive hardware and similar items. -
, METAL,FABRICATION
05500-3
B. Material: Aluminum.
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
2.04 EFFLUENT LAUNDERS:
A. Provide effluent launders in aluminum plate, minimum thickness 1/4 inch
C. Aluminum Finish: Mill, as fabricated.
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D. Fabricate launder sections in shop to maximum extent possible.
E. Fabricate stiffeners in launder sections to maximize rigidity and prevent deflection of
launder under buoyant and side water loadings.
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F. Provide for field joining of individual sections with gasketed .flanges or gasketed lap
joints. Provide mounting hardware for securing launder sections to steel support frame.
.Provide for isolation of aluminum from steel or concrete surfaces with neoprene or
mastic tape.
G Eitconnectioris aCcurately together to form water~ight joints.
2.05 WEIR AND BAFFLE PLATE:
A. Weir Plates: Provide weir plates in the configuration shown with slotted holes for vertical
adjustment of weirs in field.
B. Material: Aluminum.
C. Aluminum Finish: Mill, as fabricated.
D. Fabricate launder sections in shop to maximum extent possible..
E. Provide for field joining of individual sections with gasketed lap joints. Provide 316
stainless steel mounting hardware for securing weir and baffle sections to steel support
frame. Provide for isolation of aluminum from steel or concrete surfaces with neoprene
or mastic tape. .
F Eitconnections accurately together to form water-tight joints.
METAL FABRICATION
05500-4 -
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
PART 3 - EXECUTION
3.01 PREPARATION:
A. Field Measuremf:!nts: Take field measurements prior to preparation of shop drawings
and fabrication.
3.02 INSTALLATION:
A. General:
1. Fastening to In-Place Construction: Provide anchorage devices and fasteners where
necessary for securing mis~lIaneous metal fabrications to in-place construction;
including, threaded fasteners. nuts, and washers as required.
2. Cutting. Fitting and Placement Perform cutting, drilling and fitting required for
installation of miscellaneous metal fabrications. Set work accurately in location,
alignment and elevation, plus, level,true and free of rack, measured from established
lines and levels. Provide temporary bracing of components until secure.
3. Fit exposed ronnections accurately together to form tight hairline joints. Weld
connections whi(:h are not to be left as exposed joints, but cannot be shop welded
because of shipping size limitations. Grind exposed joints smooth and touch-up shop
paint coat Do not weld, cut or abrade the surfaces of exterior units which have been
hot-dip galvanized aft~r fabrication, and are intended for bolted or screWe9 field
connections.
4. Field Welding: Comply with AWS Code for procedures of manual shielded metal-arc
welding, appearance and quality of welds made, and methods used in correcting
welding work .
3.03 ADJUST AND CLEAN:
A. Touch-Up Painting:
1. Cleaning and touch-uppainting of field welds, bolted connections and abraded
areas of the shop paint on miscellaneous metal is specified in Division 9 of these
specifications.
END OF SECTION 05500
METAL FABRICATION
05500-5
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F&V Project No. 97 124 01
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 09800 - SPEC~AL COATINGS
PART 1 - GENERAL
1.01 RELATED DOCUMI~:
Drawings and general provisions of-Contract, including General and Supplementary
Conditions and Division 1 Specification sections, apply to this section.
1.02 SUMMARY:
A This Section incl~ application of special coating systems to items and surfaces
scheduled, including surface preparation, prime coats and topcoats.
B. Types of special coating systems required for the project include:
1. Special Coatings for Exterior Use:
a. 2-component polyamide-epoxy coal-tar coating.
1.03,SUBMITTALS:
A. Product Data:
Submit manufacturer's technical information including basic materials analysis and
.application instructions for each coating mate~al specified.
B List and Identify:
List each material and cross-reference the specific coating and finish system and
application. Identify each material by the manufacturer's catalog number and general
classification.
1.04 QUALITY ASSURANCE:
A Single Source Responsibility:
Provide primers and undercoat material produced. by the same manufacturer-as the
finish coats. Use only thinners re,commended by the manufacturer, and only within.
recommended limits. ,.
B. Coordination of \Nork:
1. Review sections in which other coatings are provided to ensure compatibility of the
total systems for various substrates. .Upon request, furnish information ~n
SPECIAL COATINGS
09800-1
2. Notify the Engineer of problems anticipated using the coatings systems specified.
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
characteristics of specified finish materials, to ensure that compatible prime coats are
used.
C. Material Quality:
Provide the best quality grade of the various coatings as regularly manufactured by
acceptable coating manufacturers. Materials not displaying manufacturer's identification
as a best-grade product will not be acceptable.
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D. Proprietary Names:
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Shall be used to designate colors or materials are not intended to imply that products of
named manufacturers are required to the exclusion of equivalent products of other
manufacturers.
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E. Federal Specifications:
Shall estabflsh a minimum quality level for coating materials, except where other
product identification is used. Provide written certification from the manufacturer that
materials provided meet or exceed these criteria.
1.05 DELIVERY. STORAGE AND HANDLING:
A. Deliver materials to the job site, in the manufacturer's original, new, unopened packages
and containers bearing manufacturer's name and label and the following information:
1. Name or title of material.
2. Federal Specification number, if-applicable.
3." Manufacturer's name, stock number and date of manufacture.
4. Contents by volume, for major pigment and vehicle constituents.
5. Thinning instructions.
6. Application instructions.
7. Color name and number.
8. Handling instructions and precautions.
B. Store materials not in actual use in tightly covered containers at a minimum ambient
" temperature of 45 deg. F (7 deg. C) in a well ventilated area.
1. Maintain containers used in storage of coatings in a clean condition, free of foreign
materials and residue.
2. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and
waste daily. Take necessary precautionary measures to ensure that workmen and work
SPECIAL COATINGS
09800-2
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
areas are adequately protected from fire hazards and health hazards resulti~g from
handling, mixing and applica~iol) of coatings. T
1.06 PROJECT CONDITIONS:
A. Apply coatings only when the temperature of surfaces to be coated and surrounding air
temperatures are above 45 deg. F fl deg. C), and below 100 degr F (38 deg. C) unless
otherwise permitted by manufadure(s printed instructions.
B. Do not apply coatings in snow,rain~ fog or mist, or when the relative humidity exceeds
85 percent, or at temperatures less than 5 deg. F (3 deg. C) above the dew point, or to
damp or wet surfaces unless otherwise permitted by manufacture(s printed
instructions. Allow wet surfaces to dry thoroughly and attain the temperature and
conditions specilfied before proceeding with or continuing the coating operation. Do not
apply urethane c:oatings in evening when dew is expected overnight. Do not apply when
surface temperature is less than 5 deg F above dew point. Do not apply Acrylic
Coatings if temperatures are expected to drop below 50 deg F within 24 hours of
application.
PART 2 - PRODUCTS
2.01 MANUFACTURERS:
A. Available Manufacturers:
Subject to compliance with requirements, manufacturers offering products which may
be incorporated in the work include, but are not limited to, the following:
1. The Glidden Company. (Glidden).
2. Benjamin Moore and Co. (Moore).
3. PPG Industries, Pittsburgh Paints (Pittsburgh).
4. Carboline Company (Carboline)~
5. Sherwin-Williams Company (S-W).
6. Savannah Paint Manufacturing Co. (SA V)
7. Southern C<>atings, Inc. (S-C).
8. Tnemec Company, Inc. (Tnemec).
9. Valspar Corporation (Valspar).
2.02 EXTERIOR COATING MATERIALS:
A. Exterior Primers:
Provide factory formulated prime coat material compatible with the substrate and finish
eoatsindicated.
SPECIAL COATINGS
09800-3
F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
1. Primer over ferrous metal under a 2-component polyamide epoxy coal-tar
coating:
a. Glidden: Y-5461/5242 Glid-Guard Double Build Epoxy.
b. Moore: Ironclad Epoxy Rust Inhibitive Primer Base 181/177.
c. . Carboline: 893 Epoxy Primer.
d. S-W: Tile-Clad II Hi-Build Primer 862N711B60V60.
e. SA V: P-111 Epoxy Primer.
B. Finish Coats:
Provide factory formulated, finish coat material compatible with thesubst~te and prime,
base or intermediate coat material indicated.
1. 2-Component Polyamide Epoxy Coal-tar coating (SSPC Paint 16) over ferrous
metal:
a. Glidden: Y-5270N-5271 Glid-Guard Coal-Tar IEpoxy Finish.
b. Carboline: Kop Coat 300M Coal Tar Epoxy.
c. R-O: 9578 High Build Coal-Tar Epoxy.
d. S-W: Coal-Tar Epoxy C-200 (B69B501B60V50).
e. SAV: A-3401 Coal Tar Epoxy (C-200).
PART 3 - EXECUTION
3.01 EXAMINATION:
Examine substrates and conditions under which coating will be performed for compliance
with requirements for application of coatings. do not proceed with application until
unsatisfactory conditions have been corrected.
Start of coating work. will be construed as the Applicator's acceptance of-surfaces within
particular area.
3.02 PREPARATION:
A. General:
1. Remove hardware, hardware accessories, plates, machined surfaces, light fixtures,
and similar items which are not to be coated, or provide surface-applied protection prior
to surface preparation and coating. Remove these items if necessary forcomplete
coating of the items and adjaCent surfaces. Following completion of coating operations
SPECIAL COATINGS
098004
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
in each space or area, reinstall items removed, using workmen skilled in the trades
involved.
2. Clean surfaces before applying coatings or surface treatments. Schedule cleaning
and coating application so dust and other contaminates will not fall on wet, newly coated
surfaces.
B. Surface Preparation:
1. General:
a. Perform surface preparation and cleaning in compliance with the
manufacturer's instructions for the particular substrate conditions, and as specified.
b. Notify the Engineer in writing of anticipated problems using coatings specified
with substrates primed or furnished by others.
2. Ferrous Metal Surfaces: .
a. Clean non-galvanized, ferrous metal surfaces, that have not been shop-coated;
remove oil, grease, dirt, loose mill scale and other foreign substances.
b. Blast dean steel surfaces as recommended by the coating system
manufacturer and in accordance with the requirements of SSPC specification
SSPC-SP 10.
c. Touch.....p shop applied prime coats which have been damaged, and bare
areas. Wire-brush, solvent clean, and touch-up with the same primer as the shop
coat.
C.' Material PreparatiQn:
1. Carefully mix land prepare materials in compliance with the coating manufacturer's
directions. Two component materials shall be rnixed by power agitation only. .'
2. Stir materials before application to produce a mixture of uniform ~ensity, and as
required during application. Do not stir film, which may form on surfaces, into the
material. Remove film and, if necessary, strain material before using.
D. Tinting:
Tint each under coat a lighter shade to facilitate identification of each coat where
multiple coats of the same material are to be applied. Tint undercoats to match the
color of the finish coat, but provide sufficient difference in shade of undercoats to
distinguish each separate coat
SPECIAL COATINGS
09800-5
3. Provide finish coats compatible with the primers used.
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
3.03 APPLICATION:
A. General:
1: Apply special coatings by brush, 'roller, spray, squeegee, or other applicators in
accordance with manufacturer's directions. Use brushes best suited for the material
being applied. Use rollers of carpet, velvet back, or high-pile sheep's wool as
recommended by the manufacturerfor the material and texture required.
2. Coating colors, surfaces treatments and finishes are indicated -in the "Schedules" of
the contract documents. .
4. The number of coats and film thickness required is the same regardless of the
application method. Do not apply succeeding coats until the previous coat has cured as
recOmmended by the manufacturer. Sand between applications-where sanding is
required to produce an even smooth surface in accordance with the manufacturer's
directions.
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5. The term "exposed surfaces" includes areas visible when permanent or built-in
fixtures, convector covers, covers for finned tube radiation, grilles, and similar
components are in place in areas to be coated. Extend coatings in these areas as
required to maintain the system integrity and provide desired protection.
B. Minimum Coating Thickness:
Apply each material at not thinner than the manufacturer's ~ecommended spreading
rate. Provide total dry film thickness of the entire system as recommended by the
manufacturer. Applicators must maintain a wet film thickness gauge on the project
during coating operations.
C. Prime Coats:
1. Before application of finish coats, apply a prime coat, as recommended by the
manufacturer, to material required to be coated orfinished,-and which has not been
prime coated by others.
2. Recoat primed and sealed substrates where there is evidence of suction spots or
unsealed areas in the first coat, to assure a finish coat with no bum-through or other
defects due to insufficient sealing.
SPECIAL COA riNGS
09800-6
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F&V Project No. 97 12401
North Clarifier Modifications - MesSerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
D. Brush Application:
1. Brush-out and work brush coats into surfaces in an even film. Eliminate cloudiness,
. spotting, holidays, laps; brush marks, runs, sags, ropiness, or other surface
imperfections. Neatly draw glass lines and color break~.. .
2. Apply primers and first coats by brush unless the manufacturer:'s instructions permit
use of mechanical applicators.
E. Mechanical Applications:
1. Use mechanical methods for coating application when permitted by the
manufacturer's recommendations, governing ordinances, and trade union regulations.
2. Wherever spray application is used, apply each coat to provide the equivalent hiding
of brush-appliecl coats. Do not double-back with spray equipment building-up film
thickness of2 coats in one pass,. unless recommended by the manufacturer.
F. Completed Work:
Match approved samples for color, texture and coverage. Remove, refinish or recoat
work not in compliance with specified requirements.
. 3.04 FIELD QUALllY CONTROL:
A. The Owner reselfVes the right to invoke th'e following test procedure at any time, and as
often as the Owner d~ms necessary, during the period when coating operations are
being conducted.
B. The Owner will engage the services of an independent testing laboratory to sample the
coating b~ing used. Samples of material delivered to project site will be taken, identified
and sealed, and certified in the preSence of the Contractor.
C. The testing laboratory will perform appropriate tests for the following characteristics as
required by the Owner:
1. Quantitative materials analysis including solids by volume.
2. Absorption.
3. Accelerated weathering.
4. Accelerated yellowness.
5. Color retention.
6. Alkali and mildew resistance.
7. Abrasion resnstance.
8. Apparent reflectivity.
9. Washability.
SPECIAL COATINGS
09800-7
F&V Project No, 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
10. Dry Opacity.
11. Recoating.
12. Skinning.
D. If results show materials being used do not comply with requirements, the Contractor
may be directed to stop work, and remove non-complying materials, pay for testing,
recoat surfaces coated with rejected materials, or remove rejected materials from
previously coated surfaces if, upon recoating with specified materials, the two coatings
are not compatible.
3.05 CLEANING:
A. At the end of each work day, remove rubbish, empty cans, rags and other discarded
materials from the site.
B. Upon completion of work, clean glass and spattered surfaces. Remove spattered
coatings by washing, saaping or other proper- methods, using care not to scratch or
damage adjacent finished surfaces.
c. Remove and dispose of all containers and paint residue in accordance with State, Local
and Federal regulations.
3.06 PROTECTION:
A. Protect work of other trades, whether to be coated or not, against damage from
coating. Correct damage by cJeaning, repairing, replacing, and recoating as acceptable
to the Engineer. Leave in an undamaged condition. ,
B. Provide 'Wet Painf' signs to protect newly-coated finishes. Remove temporary
protective wrappings prpvided by others for protection of their work, after completion of
coating operations.
C. At completion of construction activities of other trades, touch-up and restore damaged
or defaced coated surfaces.
3.07 EXTERIOR SPECIAL COATING SCHEDULE:
A. General:
1. Provide the following coating systems for substrates indicated.
2. Apply additional coats when undercoats or other condition~ show through the final
coat, until the cured film. is of uniform coating finish, color and appearance.
SPECIAL COATINGS
09800-8
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F&V Project No. 97124 01
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
B. Ferrous Metal:
1. (Process equipment and ,piping below fluid level or subject to splash) SSPC-SP10
minimum surface preparation:
a. 2-Component Polyamid~Epoxy Coal-Tar: Provide two coats with total dry film
thickness not less than 15 mils.
1. First Coat: Coal-tar Epoxy (SSPC Paint 16).
2. Second Coat: Coal-tar Epoxy (SSPC Paint 16).
END OF SECTION 09800
SPECIAL COATINGS
, 09800-9
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
SECTION 13205 - FRP LAUNDERS. TROUGHS AND WEIR PLATES
PART 1 - GENERAL
1.01 DESCRIPTION:
A. SCOPE:
This section specifies fiberglass reinforced plastic (FRP) launders, troughs, weir
plates and baffles.
1.02 QUALITY ASSURANCE:
A. REFERENCES:
This section contains references to the following documents. They are a part of this
section as specified and modified. In case of conflict between the requirements of this
section and those of the listed documents, the requirements of this section shall
prevail.
Reference
Iik
ASTM D570-95
Test M~thod for Water Absorption of Plastics
ASTM D638-95
Test Method for Tensile Properties of Plastics
ASTM D790-95a
Test Methods for Flexural Properties of Unreinforced and
Reinforced Plastics
Test Method for Indentation Hardness of Rigid ,Plastics
ASTM 2583-95
ASTM 3039-95
Test Method for Tensile Properties of Polymer Matrix
Composite Materials
AWWA F101-91
~ashwater Troughs and Launders
1.03 MANUFACTURER'S EXPERIENCE:
The manufacturer shall be a specialist in the design and construction' of FRP components
and systems and shall have a minimum often (10) comparable installations,constructed
within the last five (5) years currently giving satisfactory service.
FRP LAUNDERS, TROUGHS AND WEIR 'PLATES
13205-1
F&V Project No. 97 124 01
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
1.04 SUBMITTALS:
A. Affidavit of Compliance:
Submit manufacturer's affidavit that all materials delivered comply with this specification
and the cited standard specifications.
B. Shop Drawings:
Submit six (6) sets of shop drawings including the following items:
Detailed drawings and specifications of FRP launders, troughs, weir plates, baffles
and all accessories including details of connections and supports.
PART 2 - PRODUCTS
2.01 LAUNDERS AND TROUGHS:
A. General:
Launders and troughs shall be fabricated using a polyester resin with 24-0z woven
roving inter1ayered with glass mat reinforcement. The interior of the launders and
troughs shall be smooth. Troughs shall be designed to meet the requirements of
AWNAF101.
B. Design:
1. The launders shall be deigned to support within the stress and deflection limits
specified the following forces
(a) Gravity loads including the weight of the trough and appurtenant attachments,
together with the weight of the water to fill the trough.
(b) Buoyant load including the weight of the displaced water (trough weight
neglected).
(c) Lateral load acting against the sidewalls by differential water levels. The
maximum possible differential shall be utilized when calculating deflection and
fiber streSs.
(d) Thermal stresses resulting from differences in coefficients of thermal expansion
and contraction between the troughs and support members.
FRP LAUNDERS, TROUGHS AND WEIR PLATES
13205-2
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F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
(e) Torsion. The troughs shall be designed to resist torsional oscillations induced
by the flow of water over the edges
2. Deflection.
Maximum vertical deflection 'under full buoyant load or gravity load shall be less than
or equal to L..l1000 or 3/16 inch (whichever is less) where L is the unsupported length
'between supports in inches.
Maximum trough sidewall horizontal deflection under full lateral load shall be less
than or equaUo D/100'or 3/16 inch (whichever is less) where D is the trough depth
in inches.
Trough bottom deflection under full buoyant load or gravity load shall be less than or
equal to W/100 or 3/16 inch (whichever is less) where W is the trough width in
inches.
3. Fiber Stress Umitations.
Troughs shall be designed such that the maximum wall stress under the most
severe loading condition is less than or equal to 1500 psi.
4. Thermal Expansion/Contraction.
Troughs shall be designed to accommodate thermally induced expansion and
contraction of 1/8" per 20 foot length of trough over a temperature range of -1 OOF to
1 OooF, without exceeding' the above limits on deflection or strain. .
5. Laminate Properties.
Property
ASTM Test
Method
ASTM 03039
ASTM D3039 ,
ASTM D2583
ASTM D570
3/16" thk
Laminate
15
1.1
35
0.2%
1/4" thk
Laminate
15
1.1
35
0.2%
Tensile Strength (1 O~ psi
Tensile Modulus (10; psi
Barcol Hardness
Water Absorption max (24hr)
C. Materials:
1. Resin. Commercial grade polyester thermosetting resin designed for severe duty
conditions. Resin shall be filler-free.
2. UV Resistance. Laminate shall include ultraviolet stabilizers in the fonn Of pigment or
UV absorbers.
FRP LAUNDERS, TROUGHSAND WEIR PLATES
13205-3
F&V Project No. 97 12401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
3. Glass Reinforcement. Type E glass with chrome or silanetinish and a binder
compatible with the resin. Surface veil shall be Type C.
4. Composite Reinforcement. End grain balsa wood or polyurethane c1osed..,ce1l foam.
5. Gaskets. Neoprene. 1/8" thick minimum.
6. Mounting Hardware. Provide 316 stainless steel bolts, nuts and washers for
securing trough sections together and securing trough assembly to support structure.
D. Construction:
1. Inner surface shall be smooth and resin rich, reinforced with a surface veil.
2. Structural layer shall consist of chopp~ strand glass mat. Other reinforcement such
as woven roving may be interlayerd with the mat. Each ply of reinforcement shall be
thoroughly wetted with resin and rolled to exclude air pockets prior to application of
subsequent mat~.
3. The outer surface shall consist of a layer of parrifinated resin not less than 0.020
inch thick. This layer shall imbed all reinforcing fibers.
4. All cut edges shall be sanded smooth and sealed with parrifinated resin.
5. The top edges of the trough shall be level and parallel within a tolerance of +/-1/8"
as measured when the trough is not loaded.
6. Laminate thickness shall not be less than 3/16" except that thickness at support
locations shall be not less than 5/16" thick. Flanges and connection points shall be not
. less than 5/6" thick.
7. Cross stiffeners shall be bolted through the trough wall at 3 feet ori:center maximum.
2.02 WEIR PLATES & SCUM BAFFLES:
A. Weir Plates:
Weir plates shall be constructed of match die molded fiberglass reinforced polyester.
Materials shall be as specified for troughs and launders except that all surfaces shall be
covered with a 0.020 inch surfacing layer. Cut edges and notches are not permitted.
Weir plates shall be 1/4" minimum thickness. V-notches shall be spaced as shown.
FRP LAUNDERS, TROUGHS AND WEIR PLATES
13205-4
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F&V Project No, 9712401
North Clarifier Modifications - Messerly Wastewater Treatment Plant
Augusta-Richmond County, Georgia
. B. Scum Baffles
Scum baffles shall be constructed of materials similar to weir plates and shall be 1/4"
thick minimum. Baffles shall be provided with butt plates for joining successive
sections.
2.03 ACCEPTABLE MANUFACTURERS:
A. Manufacturer: Subject to 'compliance with requirements, provide FRP launders, troughs
and weir plates by one of the following:
1. Fiberglass Fabricators, Inc., Smithfield, RI
2. Plasti-Fab, Inc., Tualatin, OR
3. Approved Equal
PART 3 - EXECUTION
3.01 INSTALLATION:
A General:
1. Fastening to In-Place Construction: Provide anchorage devices and fasteners where
necessary for securing troughs to in-place construction; including, threaded fasteners .
nuts, and washers as required.
2. Cutting. Fitting and Placement: Perform cutting, drilling and fitting required for
installation of miscellaneous metal fabrications. All cut edges shall be sanded smooth
and sealed with parrifinated resin in accordance with the trough manufacturers
instructions. Set launders, weirs and scum baffles accurately in location, alignment and
elevation, plus, level, true and free of rack, measured from established lines and levels.
Provide temporary bracing of components until secure.
3. Fit exposed oonnectionsaccurately together to form tight watertighljoints.
3.02 GUARANTEE:
The launder and weir plate manufacturer shall warrant the materials in writing against
defects in workmanship and material for a period of one year operations and service. The
warranty shall be in printed form.
END OF SECTION 13205
FRP LAUNDERS, TROUGHS AND WEIRPLATES
, 13205-5