HomeMy WebLinkAboutMid City Relief Project
Augusta Richmond GA
DOCUMENT NAME: H id C,(+y ~ \ iet WDJ'd-
DOcUMENTTYPE: C bYl+racr
YEAR: 10 0<1
BOX NUMBER: C)
FILE NUMBER: J4-10D
NUMBER OF PAGES: / d.-l?
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AUGUSTA UTILITIES DEPARTMENT
MID CITY RELIEF PROJECT
FORCE I\t1AIN -
CONTRACT:nOCUMENTS,
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December 1999
Project 9803-oi
1..--' ?REPAREDBY 'iZEIL' 435TEL.FAIRST.
, , ' AUGUSTA GEOR.GIA
PHONE (706)7;4~5627 ,-~ EN G,I N - E E R S
ZIMMERMAN, EVANS AND LEOPOLD, INC.
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AUGUSTA UTILITIES DEPARTMENT
MID CITY RELIEF PROJECT
FORCE MAIN
CONTRACT DOCUMENTS
December 1999
Project 9803-02
PREPARED BY
EEL
PHONE (706)724-5627
ZIMMERMAN, EVANS AND LEOPOLD, INC.
435 TELFAIR ST.
AUGUSTA, GEORGIA
ENGINEERS
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GENERAL CONDITIONS
INDEX
ARTICLE 1 - GENERAL CONDITIONS...................................
1-4
ARTICLE 2 - PRELIMINARY MATTER...................................
4-6
ARTICLE 3 - CONTRACT DOCUMENTS, INTENT, AMENDING, REUSE. .... ..... 6-7
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ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; ...... ... 7-10
REFERENCE POINTS
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ARTICLE 5 - BONDS AND INSURANCE.... ......... ... ...... ............ 10-16
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.... ... ...... ..,........ 15-23
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ARTICLE 7 -OTHER WORK................ . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 8 - OWNER'S RESPONSIBILITIES..... ......... ............ ... 24-25
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ARTICLE 9 - PROFESSIONAL'S STATUS DURING CONSTRUCTION... ......... 25-27
ARTICLE 10 -CHANGES IN THE WORK....... ... ........ ... ............. 28
ARTICLE 11 - CHANGE OF CONTRACT PRICE...... ........... ............ 28-34
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ARTICLE 12 - CHANGE OF CONTRACT TIME..... ................ ......... 34
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ARTICLE 13 - WARRANTY & GUARANTEE; TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35-38
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION................ 39-44
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION. .... ... ........... 44-46
ARTICLE 16 - DISPUTE RESOLUTION................................... 47
ARTICLE 17 - MISCELLANEOUS........................................ 47-48,
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GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
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Wherever used in these General Conditions or in the other Contract Documents
the following terms have the meanings indicated which are applicable to both
the singular and plural thereof:
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Addenda-Any changes, revisions of clarifications of the Contract Documents
which have been duly issued by COUNTY to prospective Bidders prior to the time
of opening of Bids.
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Agreement-The written agreement between OWNER and CONTRACTOR covering the Work
to be performed: other Contract Documents are attached to the Agreement and
made a part thereof as provided therein. '
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Application for Payment-The form accepted by PROFESSIONAL which is to be used
by CONTRACTOR in requesting progress or final payments and which is to include
such supporting documentation as is required by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form
setting forth the price(s) for the Work to be performed.
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Bonds-Bid, performance and payment bonds and other instruments of security
furnished by CONTRACTOR and its Surety in accordance with the. Contract
Documents.
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Change Order--A document recorrunended by PROFESSIONAL, which is signed by
CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the
Work, or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
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Contract Documents-The Agreement, Addenda (which pertain to the Contract
Documents), CONTRACTOR's Bid (including documentation accompanying the Bid
and any post-Bid documentation submitted prior to the Notice of Award) when
attached as an exhibit to the Agreement, the Bonds, these General Conditions,
the Supplementary Conditions, the Plans, Specifications and the Drawings as
the same are more specifically identified in the Agreement, Certificates of
Insuranc~, Notice of Award, and Change Order duly delivered afte~ execution
of Contract. together with all amendments, modifications and supplements
issued pursuant to paragraphs 3.4 and 3.5 or after the Effective Date of the
Agreement. '
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Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract
Documents as stated in the Agreement (subject to the provisions of paragraph
11.9.1 in the case of Unit Price Work).
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Contract Time-The number of days (computed as provided in paragraph 17.2) or
the date stated in the Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into
the Agreement.
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COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions
of the State of Georgia, the Augusta-Richmond County Corrunission, and its
authorized designees, agents, or employees.
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Project Area-The area within which are the specified Contract Limits of the
improvements contemplated to be constructed in whole or in part under this
Contract.
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Project Manager~The professional in charge, serving COUNTY with
architectural or engineering services, his successor, or any other person
or persons, employed by said COUNTY, for the purpose of directing or having
in charge the work embraced in this Contract.
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Resident Project Representative-The authorized representative of PROFESSIONAL
who is assigned to the site or any part thereof.
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Shop Drawings-All drawings, diagrams, illustrations, schedules and other data
which are specifically prepared by or for CONTRACTOR to illustrate some
portion of the Work and all illustrations, brochures, standard schedules,
performance charts, instructions, diagrams and other information prepared by
a Supplier and submitted by CONTRACTOR to illustrate material or equipment for
some portion of the Work.
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Specifications-Those portions
technical descriptions' of
standards and workmanship as
details applicable thereto.
of the Contract Documents consisting of written
materials, equipment, con'struction systems,
applied to the Work and certain administrative
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Subcontractor-An individual, firm or corporation having a direct contract,with
CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of
the Work at the site. '
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Substantial Completion-The Work (or a specified part thereof) has progressed
to the point where, in the opinion of PROFESSIONAL as evidenced by
PROFESSIONAL's definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract Documents, so that the
Work (or specified part) can be used for the purposes for which it is
intended, or if there be no such certificate issued, when final payment is due
in accordance with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial
Completion thereof.
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Supplementary ConditLons-The part of the Contract Documents which amends or
supplements these General Conditions.
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Supplier-A manufacturer, fabricator, supplier, distributor, m'aterialman or
vendor.
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Underground Facilities-All pipelines, conduits, ducts, cables,' wires,
manholes, vaults, tanks, tunnels or other such facilitie~ or attachments, and
any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials,
electrici ty, gases, steam, liquid petroleum products, telephone or other
communications, cable television, sewage and drainage removal, t'raffic or
other control systems or water.
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Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable
parts thereof required to be furnished under the Contract Documents. Work is
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the result of performing services, furnishing labor and furnishing and incor-
porating materials and equipment into the construction, and furnishing
documents, all as required by the Contract Documents.
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Work Directive Change-A written directive to CONTRACTOR, issued on or after
the Effective Date of the Agreement and signed by OWNER and recommended by
PROFESSIONAL, ordering an addition, deletion or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work
is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under
paragraph 6.22. A Work Directive Change may not change the Contract Price or
the Contract Time, but is evidence that the parties expect that the change
directed or documented by a Work Directive Change will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract Time as provided in
Article 10.
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Written Amendment-A written amendment of the Contract Documents, signed by
OWNER and CONTRACTOR on or after the Effective Date of the Agreement and
normally dealing with the non-engineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
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ARTICLE 2-PRELIMINARY MATTERS
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De~i very of Bonds:
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2.1. When CONTRACTOR delivers the executed Agreements to OWNER,
CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be
required to furnish in accordance with these Contract Documents.
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Copies of Documents:
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2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR,
at no cost, one (1) complete set of the Contract Documents for execution of
the work. Additional sets of the project manual and drawings and/or
individual pages or sheets of the project manual or drawings will be furnished
by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will
be OWNER's standard charges for printing and reproduction.
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Commencement of Contract Time, Notice to Proceed:
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2.3; The Contract Time shall commence as established in the Notice to
Proceed. A Notice to Proceed may be given at any time after the Effective Date
of the Contract.
Starting the Project:
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2.4. CONTRACTOR shall begin the Work on the date the Contract Time
commences. No Work shall be done prior to the date on which the Contract Time
commences. Any Work performed by CONTRACTOR prior to date.on which Contract
Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
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2.5. Before undertaking each part of the Work. CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify
pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict,
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error, ambiguity, or discrepancy which CONTRACTOR may discover and shall
obtain a written interpretation or clarification from PROFESSIONAL before
proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER
for failure to report any conflict, effort, ambiguity or discrepancy in the
Contract Documents, if CONTRACTOR knew or reasonably should have known
thereof.
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2.6. Within ten days after the Effective Date of the Agreement unless
otherwise specified in the General Requirements), CONTRACTOR shall submit to
PROFESSIONAL AND PROJECT MANAGER for ~eview:
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2.6.1. an estimated progress schedule indicating the starting and
completion dates of the various stages of the Work:
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2.6.2. a preliminary schedule of Shop Drawing and Sample s~bmissions:
and
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2.6.3. a preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such prices will include an
appropriate amount of overhead and profit applicable to each item of Work
which will be confirmed in writing by CONTRACTOR at the time of submission.
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2.7. Before any Work at the site is started, CONTRACTOR shall deliver
to OWNER, with copies to each additional insured identified in the
Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which COUNTY may reasonably
request) which CONTRACTOR is required to purchase and maintain in accordance
with Article 5.
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Pre-construction Conference:
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2.8. Before any Work at the site is started, a conference attended by
CONTRACTOR, Project Manager, Professional and others as appropriate will be
held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to in. 2.6,
procedur~s for handling Shop Drawings and other submittals, processing
applications for payment and maintaining required records.
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Finalizing Schedules:
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2.9. At least ten days before submission of the first Application for
Payment a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager
and others as appropriate will be held. to finalize .the schedules submitted in
accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made to CONTRACTOR until
the schedules are submitted to and acceptable to Project Manager and
PROFESSIONAL as provided below. The finalized progress schedule will be
acceptable to Project Manager and PROFESSIONAL as providing an. orderly
progression of the Work to completion within any specified Milestones and the
Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibili ty for the sequencing,. scheduling or progress of the Work nor
interfere with or relieve CONTRACTOR from full responsibility therefor, The
finalized schedule of Shop Drawing submissions and Sample submissions will be
acceptable to PROFESSIONAL as providing a workable arrangement for reviewing
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and processing the submissions. CONTRACTOR's schedule of values
approved by PROFESSIONAL as to form and substance.
shall be
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CONTRACTOR, in addition to preparing an initially
shall be responsible for maintaining the schedule,
schedule. Schedule updates shall include progression of
scheduled progress on worL Schedule updates shall
request.
acceptable schedule,
including updating
work as compared to
accompany each pay
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
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Intent:
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3.1. The Contract Documents comprise the entire agreement between OWNER
and CONTRACTOR concerning the Work. The Contract Documents are complementary:
what is called for by one is as binding as if called for by all. The Contract
Documents will be construed in accordance with the law of the State of
Georgia.
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3.2. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed in
accordance with the Contract Documents. Any Work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing
custom or trade usage as being required to produce the intended result will
be supplied whether or not specifically called for. When words or phrases
which have a well-known technical or construction industry or trade meaning
are used. to describe Work, materials or equipment, such words shall be
interpreted in accordance with that meaning.
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3.3. Except as otherwise specifically stated in the Contract Documents
or as may be provided by amendment or supplement thereto issued by one of the
methods indicated in 3.6 or 3.7, the provisions of the Contract Documents
shall take precedence in resolving any conflict, error, ambiguity or
discrepancy between the provisions of the Contract Documents and. the
provisions of any such standard, specification, manual, code or instruction
(whether or not specifically incorporated by reference in the Contract
Documents)and the provisions of any such Laws or Regulations application to
the performance of the Work (unless such an interpretation of the provisions
of the Contract Documents would result in violation of such Law or
Regulation). Clarifications and interpretations of the Contract Documents
shall be issued ~y PROFESSIONAL as provided in paragraph 9.4.
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3.4. Reference to standards, specifications, manuals or codes of any
technical society, organization or association, or to the Laws or Regulations
of any governmental authority, whether such reference be specific or by
implication, shall mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids (or, on the
Effecti ve Date of the Agreement if there were no Bids), except as may be
otherwise specifically stated in the Contract Documents.
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3.5. If, during the performance of the Work, CONTRACTOR discovers any
conflict, error, ambiguity or discrepancy within the Contract Documents or
between the Contract Documents and any provision of any such Law or Regulation
applicable to the performance of the Work or of any such standard,
specification, manual or code or of any instruction of any Supplier referred
to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and
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these lands, rights-of-way or easements, the CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for
all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
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Pbysica~ Conditions:
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4.2.1. Explorations and Reports: Reference is made to the Supplementary
Conditions for identification of those reports of explorations and tests of
subsurface conditions at or contiguous to the site that have been utilized
in preparing the Contract Documents, and those drawings of physical conditions
in or relating to existing surface or subsurface structures.at or contiguous
to the site. (except Underground Facilities) that have been. utilized in
preparing the Contract Documents.
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4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical
. data" contained in such reports. and drawings. Such "technical data" is
identified in the Supplementary Conditions, Except for such reliance on such
"technical data," CONTRACTOR may not rely upon or make any claim against
OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
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4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's
purposes, including, but not limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained
in such reports or shown or indicated in such drawings, or
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4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any
."technical data" or any such data, interpretations, opinions or information.
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4.2.3. If conditions are encountered, excluding existing utilities, a~
the site which are (1) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which differ materially from
those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract
Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before
conditions are disturbed and in no event later than 48 hours after first
observance of the conditions.
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4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate.
such conditions, and, if they differ materially and cause an increase or
decrease in CONTRACTOR's cost of, or time required for, performance of any
part of the Work, the Project .Manager and PROFESSIONAL shall recommend an
equitable adjustment in the Contract Price 6r Contract -Time, or both. If the
Project Manager and PROFESSIONAL determines that the ~onditicins at the Site
are not materially different. from those indicated in the Contract Documents
or are not materially different from those ordinarily found and that no change
in the terms of the Contract is justified, the PROFESSIONAL shall notify
CONTRACTOR of the determination in writing. The Work shall be performed after
direction is provided by the PROFESSIONAL. .
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Pbysica~ Conditions-Underground Faci~ities:
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4.3.1. Shown or Indicated: The information and data shown or indicated
in the Contract Documents with respect to existing Underground Facilities at
or contiguous to the site is based on information and data furnished to OWNER
or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
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4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the
accuracy or completeness of any such information or data: and
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4.3.1.2. The cost of all of the following will be included in the
Contract Price and CONTRACTOR shall have full responsibility for reviewing and
checking all such information and data. for locating all Underground
Facilities shown or indicated in the Contract Documents. for coordination of
the Work with the OWNERs of such Underground Facilities during construction.
for the. safety and protection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work, the cost of all of which
will be considered as having been included in the Contract Price.
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4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered
or revealed at or .contiguous to the site which was not shown or indicated in
the Contract Documents and which CONTRACTOR could not reasonably have been
expected to be aware of, CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work affected thereby except in an emergency
as permitted by paragraph 6.22), identify the owner of such Underground
Facility and give written notice thereof to that owner and to OWNER and
PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to
determine he extent to which the Contract Documents should be modified to
reflect and document the consequences of the existence of the Underground
Facility, and the Contract Documents will be amended or supplemented to the
extent necessary. During such time, CONTRACTOR shall be responsible for the
safety and protection of such Underground Facility as provided in paragraph
6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an
extension of the Contract Time, or both, to the extent that they are
attributable to the existence of any Underground Facility that was riot shown
or indicated in the Contract Documents and which .CONTRACTOR could not
reasonably have been expected to be aware of. If the parties are unable to
agree as to the amount or length thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
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Reference Points:
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4.4. OWNER shall provide Engineering surveys to establish reference
points for construction which in PROFESSIONAL I s judgment are necessary to
enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible
for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and
shall make no changes or relocations without the prior written approval of
OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point
is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or
relocation of such reference points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall. be responsible for any Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site
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which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be .within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in
connection, with the Work at the site. COUNTY shall not be responsible for any
such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or
anyone else for whom CONTRACTOR is responsible.
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4.6 CONTRACTOR shall immediately: (i) stop all work in connection with
such. hazardous condition and in any area affected thereby (except in an
emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and
thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert
to evaluate such hazardous condition or take corrective action, if any,
CONTRACTOR shall not be required to resume Work in connection with such
hazardous condition or in any such affected area un.til .after OWNER has
obtained any required permits related thereto and delivered to CONTRACTOR
special written notice (i) specifying that such condition and any affected
area is or has been rendered safe for the resumption of Work, or (ii)
specifying any special conditions under which such Work may be resumed safely.
If OWNER and. CONTRACTOR cannot agree as to entitlement to or the amount or
extent of an adj ustment, if any, in Contract Price or Contract Times as a
result of such Work stoppage or such special conditions under which Work is
agreed by CONTRACTOR to be resumed, either party may make a claim therefor as
provided in Articles 11 and 12. .
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4.7 If after receipt of such special written notice, CONTRACTOR does
not agree .to resume such Work based on a reasonable belief it is unsafe, or
does not agree to resume such Work under such special conditions, then
CONTRACTOR may order such portion of the Work that is in connection with such
hazardous conditions or in such affected area to be deleted from the Work. If
. COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or
extent of an adj ustment, if any, in Contract Price or Contract Times as a
result of deleting such portion .ofthe Work, then either patty may make a
claim therefor as provided in Articles lland 12. COUNTY may have such
deleted portion of the Work performed by COUNTY's own forces or others in
.accordance with Article 8.
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4.7.1 The provisions of <1.2 and 4.3 are not intended to apply to
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered
or revealed at the site.
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ARTICLE.5-BONDS AND INSURANCE
Performance and Other Bonds:
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5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an
amount at least equal to the Contrac.t Price as Security for the faithful
performance and payment of all CONTRACTOR's obligations under the Contract
Do.cuments. These Bonds shall remain in effect at least until one year after
the date when final payment becomes due, except as otherwise provided by Law
or Regulation or by the Contract Documents. CONTRACTOR shall also furnish
such other Bonds as are required. by the Supplementary Conditions. All Bonds
shall be in the forms prescribed 'by 'Law or Reputation or by the Contract
Documents and be executed by 'such sureties as are named in the current list
of "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds, and as Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
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Department. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
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Licensed Sureties and Insurers; Certificates of Insurance
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5.2.1 All bonds and insurance required by the Contract Documents to be
purchased and maintained by CONTRACTOR shall be obtained from surety or
insurance companies that are duly licensed or authorized in the State of
Georgia to issue bonds or insurance policies for the limits and coverages so
required. All bonds signed by an agent must be accompanied by a certified
copy of authority to act. Such surety and insurance companies shall also meet
such additional requirements .and qualifications as may be provided in the
Supplementary Conditions.
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5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each
additional insured identified in 5.3, an original or a certified copy of the
complete insurance policy for each policy required, certificates of insurance
(and other evidence of insurance requested by OWNER or any other additional
insured) which CONTRACTOR is required to purchase and maintain in accordance
with 5.3.
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5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared
a bankrupt or becomes insolvent or its right to do business is terminated in
any state where any part of the Project is located or it ceases to meet the
requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter
substitute another Bond and Surety, both of which must be acceptable to OWNER.
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CONTRACTOR's Liabi~ity Insurance:
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5.3. CONTRACTOR shall purchase and maintain such comprehensive general
liability and other insurance as is appropriate for the Work being performed
and furnished and as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Contract Documents, whether
it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by
anyone directly or indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen's compensation. disability
benefits and other similar employee benefit acts;
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5.3.2. Claims
sickness or "disease,
for damages because of bodily injury,
or death of CONTRACTOR's employees;
occupational
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5.3.3. Claims for damages because of bodily injury, sickness or disease,
.or .death of any person other than CONTRACTOR's employees;
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5.3.4. Claims for damages insured by personal injury liability coverage
which are sustained (a) by any person as a result of an offense directly or
indire~tly related to the employment of such person by CONTRACTOR, or (b) by
any other person for any other reason;
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5.3.5. Claims for damages, other than to the Work itself, because of
injury to or destruction of tangible property wherever located, including
loss of use resulting therefrom;
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5.3.6. Claims arising out of operation of Laws or Regulations for
damages because of bodily injury or death of any person or . for damage to
property; and
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5.3.7. Claims for damages because of bodily inj ury or death of any
person or property damage arising out of the ownership, maintenance or use of
any motor vehicle.
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The insurance required by this paragraph 5.3 shall include the specific
coverages and be written for not less than the limits of liability and
coverages provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall
include completed operations insurance. All of the policies of insurance so
required to be purchased and maintained lot the certificates or other evidence
thereof) shall contain a provision or endorsement that the coverage afforded
will not. be canceled, materially changed or renewal refused until at least
thirty days' prior writteri notice has been given to OWNER and PROFESSIONAL and
Program Manager by certified mail. All such insurance shall remain in effect
until final payment and at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in accordance with paragraph
13.12. In addition, CONTRACTOR shall maintain. such completed operations
insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of. such insurance at final payment and one veal
thereafter.
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Contractua~ Liability Insurance:
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5,4. The comprehensive general liability insurance required by paragraph
5.3 will include contractual liability insurance applicable to CONTRACTOR's
obligations under paragraphs 6.32 and 6.33.
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Owner's Liabi~ity Insurance:
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5.5. OWNER shall be re"sponsible for purchasing and maintaining OWNER's
own liability insurance, and/or Risk Retention Program, and, at OWNER's
option, may purchase. and maintain such insurance as will protect OWNER against
claims which may arise from operations under the Contract Documents.
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Property Insurance:
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5.6. Unless otherwise provided in the Supplementary Conditions, OWNER
shall purchase and maintain property insurance upon the Work at the site to
the full insurable value thereof (subject to such deductible amounts as may
be provided in the Supplementary Conditions or required by Laws and
Regulations) . This insurance shall include the interests of OWNER,
CONTRACTOR, Subcontractors, PROFESSIONAL and PROFESSIONAL's consultants and
Program .Manager in the Work, all of whom shall be listed as insureds or
additional insured parties, shall insure against the perils of fire and
extended coverage and shall include "all risk" insurance for physical loss and"
damage including theft, vandalism arid malicious mischief, collapse "and water
damage, .and such other perils as may be provided in the Supplementary
Conditions, and shall include damages, losses and expenses arising out of or
resulting from any insured loss or incurred in the repair or" replacement of
any insured property (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered
under the "all risk" insurance or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and maintain similar property insurance
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on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
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5.7. OWNER shall purchase and maintain such boiler and machinery
insurance or additional property insurance as may be required by the
Supplementary Conditions or Laws and Regulations which will include the
interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND
PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured
or additional insured parties.
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5.8. All the policies of insurance (or the certificates or other
evidence thereof) required to be purchased and maintained by OWNER in
accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement
that the coverage afforded will not be canceled or ma~erially changed or
renewal refused until at least thirty days prior written no~ice has been given
to CONTRACTOR by certified mail and will contain waiver provisions in
accordance with paragraph of 5.11.2.
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5.9. OWNER shall not be responsible for purchasing and maintaining any
property insurance to protect the Interests of CONTRACTOR, Subcontrac~ors or
others in the Work to the extent of any deductible amounts that are provided
in the Supplementary Conditions. The risk of loss within the deductible
amount, will be borne by CONTRACTOR, Subcontractor or others suffering any
such loss and if any of them wishes property insurance coverage within the
limits of such amounts, each may purchase and maintain it at the purchaser's
own expense.
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5.10. If CONTRACTOR requests in writing that other special insurance
be included in the property insurance policy, OWNER shall, if possible,
include such insurance, and the cost thereof will be charged to CONTRACTOR by
appropriate Change Order or Writ~en Amendment. Prier to commencement of the
Work at the site, OWNER shall in writing advise CONTRACTOR whe~her or no~ such
other insurance has been procared by OWNER.
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Wai ver of Rigb ts :
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5.11.1. OWNER and CONTRACTOR waive all rights against each other for
all losses and damages caused by any of the perils covered by the policies of
insurance provided in response to paragraphs 5.6 and 5.7 and other property
insurance applicable to the Work, and also waive all such rights against the
SUbcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties
named as insureds in such.. policies for losses and damages so caused. As
required by paragraph 6.11. each subcontract between CONTRP.CTOR and a
Subcontractor will contain similar waiver provisions by ~he Subcontractor in
favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultan~s and all
other parties named as insureds. None of the above waivers shall extend to the
rights that any of the insured parties may have to the proceeds of' insurance
held by OWNER as trustee or otherwise payable under any policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that policies provided in response
to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide
primary coverage for all losses and damages caused by the perils covered
thereby. Accordingly, all such policies shall contain provisions to the effect
that in the event of payment of any loss or damage the insurer will have no
rights of recovery against any of the parties named as insureds additional
insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if
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such waiver forms are required of any Subcontractor, CONTRACTOR will obtain
the same.
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Receipt and App~ica t:ion of Proceeds:
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5.12. Any insured loss under the policies of insurance required by
paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER
as trustee for the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of paragraph 5.13. OWNER
shall deposit in a separate account any money so received, and shall
distribute it in accordance with such agreement as the parties in interest may
reach. If no other special agreement is reached the damaged Work shall be
repaired or replaced, the moneys so received applied on account thereof and
the Work and the cost thereof covered by an appropriate Change Order or
Written Amendment.
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Receipt and App~ication of Insurance Proceeds
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5.13. OWNER as trustee shall have power to adjust and settle any loss
wi th the insurers unless one of the parties in in~eres~ shall obj ect in
writing within fifteen days after the occurrence of loss to OWNER's exercise
of this power. If such objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement as the parties in
interest may reach. If required in willing by any party in interest, OWNER as
trustee shall, upon the occurrence of an insured loss, give bond for the
proper performance of such duties.
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Acc~tance of Insurance:
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5.14. If OWNER has any objection to the coverage afforded by or other
provisions of the insurance required to be purchased and maintained by
CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on t~e basis of its not
complying with the Contract Documents, OWNER shall no~ify CONTRACTOR in
writing thereof within ten days of the date of delivery of suc~ certificates
to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to
the coverage afforded by .or other provisions of the policies of insurarice
required to be purchased and maintained by OWNER in accordance with paragraphs
5.6 and 5.7 on the basis of their not complying with t~e Contract Documents,
CONTRACTOR shall notify OWNER in writing thereof within ten days of the date
of delivery, of such certificates to CONTRACTOR in accorcance with paragraph
2.7. OWNER and CONTRACTOR shall each provide to the other such additional
information in respect of insurance provided by each as the other may
reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of .
objection within the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contrac~ Documents.
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Partia~ Uti~izatio~-Property Insurance:
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5.15. If OWNER finds it necessary to occupy or use a portion or
portions of the Work prior to Substantial Completion of all the Work, such use
. or occupancy may be accomplished in accordance with paragraph 14.10; provided
that" no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected
the changes in coverage necessitated thereby. The insurers providing the
property insurance shall consent by endorsement on the policy or policies, but
the property insurance shall not be canceled or lapse on account of any such
partial use or occupancy.
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Indemnification
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5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its
employees and agents from and against all liabilities, claims, suits, demands,
damages, losses, and expenses, including attorneys' fees, arising out of or
resulting from the performance of its Work, provided that any such liability,
claim, suit, demand, damage, loss, or expense (a) is attributable to bodily
injury, sickness, disease or death, or injury to or destruction of tangible
property, including the loss of use resulting therefrom and (b) is caused in
whole or in part by an act or omission of CONTRACTOR, any Subcontractor,
anyone directly or indirectly employed by and of them, or anyone for whose
acts any of them may be liable, whether or not it is caused in whole or in
part by the negligence or other fault of a party indemnified hereunder.
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5.16.2. In any and all claims against COUNTY or any of its agents or
employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them
may be liable, the indemnification obligation under the previous paragraph
shall not be limited in any way as to the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR
under workmen's compensation acts, disability benefit acts, or other employee
benefit acts. .
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5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone
directly or indirectly employed by it from and against all claims, suits,
demands, damages, losses expenses (including attorney's fees) arising out of
any infringement or patent or copyrights held by others and shall defend all
such claims in connection with any alleged infringemen~ of such rights.
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ARTICLE 6 - CONTRACTORS RESPONSIBILITIES
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6.1. CONTRACTOR shall supervise and direc~ the Work competen~ly and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR
shall not be responsible for the negligence of othe=-s in the design or
specification of a specific means, method, technique, sequence or procedure
of constr~ction which is shown or indicated in and expressly required by the
Contract Documents. CONTRACTOR shall"be responsible to see that the finished
Work complies accurately with the Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times during its progress
a competent resident superintendent, who shall not be replaced without whiten
notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All communications to the
superintendent shall be as binding as if given to CONTRACTOR.
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Labor, Ma tsrials and Equipment::
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6.3. CONTRACTOR shall provide competent, suitably qualified personnel
to survey and layout the Work and perform construction as required by the
Contract Documents. CONTRACTOR shall at all times maintain good discipline and
order at the site. Except in connection with the safety or protection of
persons or the Work or property at the site or adjacent thereto, and except
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as otherwise indicated in the Contract Documents, all Work at the site shall
be performed during regular working hours, and CONTRACTOR will not permit
evening work or the performance of Work on Saturday, Sunday or any legal
holiday without OWNER's written consent given after prior written notice to
PROFESSIONAL.
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6.4. Unless otherwise specified in the General Requirements, CONTRACTOR
shall furnish and assume full responsibility for all materials, equipment,
labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities and all other facilities and incidentals whether
temporary or permanent necessary for the execution, testing, initial
operation, and completion of the Work as required by the Contract Documents.
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6.5. All materials and equipment shall be of good quality and new,
except as otherwise provided m the Contract Documents. If required by
PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence including
reports of required tests) as to the kind and quality of materials and
equipment. All materials and equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of
.the applicable Supplier. except as otherwise provided in the Contract
Documents; but no provision of any such instructions will be effective to
assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or
employees, any duty or authority to supervise or direc~ the furnishing or
performance of the Work or any duty or authority to undertake responsibility
contrary to the provisions of paragraph 9.14 or 9.15.
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Adjusting Progress Scb.edu1.e:
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6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the
extent indicated in paragraph 2.9) adjustments in the progress schedule to
reflect the impact thereon of new developments; these will conform generally
to the progress schedule th~n in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
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Substi cutes or "Or.,..Equa~" Items:
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6.7.1. Whenever materials or equipment are specified or described in
the Contract Documents by using the name of a proprietary item or the name of
a particular Supplier the naming of the item is intended to establish the
type, function and quality required. Unless the name is followed by words
indica~ing that no substitution is permitted, materials or equipment of other
Suppliers may be accepted by PROFESSIONAL if suff.:.c.:.ent information is
submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for
review by PROFESSIONAL will include .the following as supplemented in the
General Requirements. Requests for review of substitute items of material and
equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of
material or equipment, CONTRACTOR shall make written application to
PROFESSIONAL for acceptance thereof, certifying that the proposed substitute
will perform adequately the functions and achieve the results called for by
the general design, be similar and of equal substance to that specified and
be suited to the same use as that specified. The application will state that
the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any
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of the Contract Documents (or in the provisions of any other direct contract
with OWNER for work on the Project) to adapt the design to the proposed
substitute and whether or not incorporation or use of the substitute in
connection with the Work is subject to payment of any license fee or royalty.
All variations of the proposed substitute from that specified will be
identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also contain an
itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs of redesign and claims of other
contractors affected by the resulting change, all of which shall be considered
by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish at CONTRACTOR's expense additional data about
the proposed substitu~e.
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6.7.2.. If a. specific means, method, technique, sequence or procedure
of construction is indicated in or required by the Contract Documents,
CONTRACTOR may furnish or utilize a substitute means, method, sequence,
technique or procedure of construction acceptable to PROFESSIONAL, if
CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine
that the substitute proposed is equivalent to that indicated or required by
the Contract Documents. The procedure for re'liew by PROFESSIONAL will be
similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as
may be supplemented in the General Requirements.
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6.7.3. PROFESSIONAL will be allowed a reasonable time withi~ which to
evaluate each proposed substitute. PROFESSIONAL will be the sole judge of
acceptability and no substitute will be ordered, installed or utilized without
PROFESSIONAL's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance guaran~ee or other sure~y
with respect to any substitute. PROFESSIONAL will record time required by
PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Con~=act Documen~s
occasioned thereby. Whether"or not PROFESSIONAL accepts a proposed substitute.
CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and
PROFESSIONAL's consultants for evaluating each proposed substit~te.
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Concerning Subcontractors. Supp~iers and Others:
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6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other
person or organization (including those acceptable to OWNER and PROFESSIONAL
as indicated in paragraph 6.8.2). whether initially or as a substitute,
against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR
shall, not be required to employ any Subcontractor, Supplier or other per30n
or organization to furnish or perform any of the Work against whom CONTRACTOR
has reasonable objection.
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6.8.2. If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers or other persons or organizations including those
who "are to furnish the principal items of materials and equipment to be sub-
mitted to OWNER in advance of the specified date prior to the Effective Date
of the Agreement for acceptance.by OWNER and PROFESSIONAL and if CONTRACTOR
has submitted a list thereof in accordance with the Supplementary Conditions,
OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance or objection
in the bidding documents or the Contract Documents) of any such Subcontractor,
Supplier or other person or organization so identified may be revoked on the
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basis of reasonable objection after due Investigation, in which case
CONTRACTOR shall submit an acceptable substitute, the Contract Price will be
increased by the difference ,n the cost occasioned by such substitution and
an appropriate Change Order will be issued or Written Amendment signed. No
~cceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver of any right of OWNER
or PROFESSIONAL to reject defective Work.
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6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL
for all acts and omissions of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the Work under a direct or
indirect contract. with CONTRACTOR. just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall
create any contractual relationship between OWNER or PROFESSIONAL and any such
Subcontractor, Supplier or other person or organization, nor shall it create
any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the
payment of any moneys due any such Subcontractor, Supplier or other person or
organization except as may otherwise be required by Laws and Regulations.
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6.10. The divisions and sections. of the Specifications and the
identifications of any Drawings shall not control CONTRACTOR in dividing the
Work among Subcontractors or Suppliers or delineating the Work to be performed
by any specific trade.
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6.11. All Work performed for CONTRACTOR by a Subcontractor will be
pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor
. which specifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall
pay each Subcontractor. a just share of any insurance moneys received by
CONTRACTOR on account of losses under policies issued pursuant to paragraphs
5.6 and 5.7.
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Patent Fees and Royalties: "
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6.12. CONTRACTOR shall pay all license fees and royalties and assume
all costs incident to the use in the performance of the Work or the
incorporation in the Work of any invention, design, process, product or device
which is the subj ect of patent rights or copyrights held by others.
CONTRACTOR Shall. indemnify and hold harmless OWNER and PROFESSIONAL and anyone
directly or indirectiy employed by either of them ,from and against all claims,
damages, losses and expenses including attorneys' fees and . court and
arbitration costs arising out of any infringement of. patent rights or
copyrights incident to the us~ in the performance or the Work or resulting
from the incorporation in the Work of any invention, design, process, product
or device not specified in the Contract Documents, and shall defend all such
claims in connection with any alle.ged infringement. of such rights.
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PeIIDits:
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6.13. CONTRACTOR shall obtain and pay for all construction permits,
licenses, governmental .charges ":and. inspection fees, and all public utility
charges which are applicable and necessary for the execution of the Work. All
permit costs shall be included, in the base bid. Permits, if any that are
provided and paid for by OWNER are listed in the Supplementary Conditions. Any
extensions only and no damages or additional compensation for delay will be
allowed.
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Laws and Regu~ations:
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6.14.1. CONTRACTOR shall give all notices and comply with all Laws and
Regulations applicable to furnishing and performance of the Work. Except where
otherwise expressly required by applicable Laws and Regulations, neither OWNER
nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance
with any Laws or Regulations.
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6.14.2. If CONTRACTOR observes that any of the Contract Documents
are contradictory to such laws, rules, and regulations, it will notify the
Project Manager promptly in writing. Any necessary changes shall then be
adjusted by an appropriate Change Order. If CONTRACTOR perfo.rms any Work that
it knows or should have known to be contrary to such laws, ordinances, rules,
and regulations and without such notice to the Project Manager, it shall bear
all related costs.
Taxes: .
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6.15. CONTRACTOR shall pay all sales, consumer, use and other similar
taxes required to be paid by CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are applicable during the
performance of the Work.
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Use of Premises:
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6.16. CONTRACTOR shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site and
land and areas identified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. Any loss or damage to
CONTRACTOR's or any Subcontractor's equipment is solely at the risk of
CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Work. Should any
claim be made against OWNER or PROFESSIONAL by any such owner or occupant
because of the performance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the claim by
arbitration or at law. CONTRACTOR shall to the fullest extent permitted by
Laws and Regulations, indemnify and hold OWNER harmless from and against all
claims, damages, losses' and expenses (~ncluding, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and
arbitration costs) arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any such other party against OWNER to
the extent based on a claim. arising out of CONTRACTOR's performance of the
Work.
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6.17. During the progress of the Work, CONTRACTOR shall keep the
premises free from accumulations of waste materials; rubbish and other debris
or contaminates resulting from the Work. At the completion of the Work
CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and
machinery, and surplus materials, and shall leave the site clean and ready for
occupancy by OWNER. CONTRACTOR shall restore to original condition all
property not designated for alteration by the Contract Documents.
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6.18. CONTRACTOR shall not load nor permit any part of any structure
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to be loaded in any manner that will endanger the structure, nor shall
CONTRACTOR subject any pan of the Work or adjacent property to stresses or
pressures that will endanger them.
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Record Documents:
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6.19. Contractor shall ~eep at the site and in good order one record
copy of the Contract Documents and all Drawings and Specifications. These
documents shall be annotatea on a continuing basis to show all changes made
during the construction process. These shall be available to PROFESSIONAL and
the Project Manager and shall be submitted with the Application for Final
Payment.
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Safety and Protection:
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6.20. CONTRACTOR shall be responsible for initiatinq, maintaining and
supervising all safety precautions and programs in connection with the Work.
CONTRACTOR shall assume all risk of loss for stored equipment or materials,
irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or joss to:
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.6.20.1. all employe.es on the Work and other persons and organizations
who may be affected thereby:
6.20.2. all the Work and materials and equipment to be incorporated
therein, whether in storage on or off the site; and
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6.20.3. other. property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and
Underground Facilities not designated for removal, relocation or replacement
in the course of construction..
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CONTRACTOR shall comply with all applicable Laws and Regulations of any public
body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when
prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation"and replacement of their property, All damage,
injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3
caused, directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor, Supplier or any other person or organization directly or
indirectly employed by any of them to perform or furnish any the Work or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone
employed by either. of them" or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in" whole or in part, to
the fault or negligence of CONTRACTOR). CONTRACTOR I s duties and
responsibilities for the safety and protection of the Work shall continue
until such time as all the Work is completed and PROFESSIONAL has issued a
notice to OWNER and CONTRACTOR in accordance, with paragraph .14.1.3 that the
Work is acceptable (except as otherwise expressly provided In connection with
Substantial Completion) .
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6.21. CONTRACTOR shall designate a responsible member of its
organization whose duty shall be the prevention of accidents at the site.
This person shall be CONTRACTOR's superintendent unless otherwise designated
in writing by CONTRACTOR to the Project Manager.
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Emergencies:
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6.22. In emergencies affecting the safety or protection of persons or
"the Work or property at the site or adjacent thereto, CONTRACTOR, without
special instruction or authorization from PROFESSIONAL or OWNER, is obligated
to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract Documents have been caused
thereby. If PROFESSIONAL determines that a change In the Contract Documents
is required because of the action taken in responie to an emergency, a Work
Directive Change or Change Order be issued to document the consequences of the
changes or variations.
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6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all
events involving personal injuries to any person on the Site, whether or not
such person was engaged in the construction of the Project, and shall file a
written report on such person(s) and any other event resulting in property
damage of any amount within five (5) days of the occurrence.
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6.22.2. If PROFESSIONAL determines that a change in the Contract
Documents is required because of the action taken by CONTRACTOR in response
to such .an emergency, a Change Order will be issued to document the
consequences of such action.
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Shop Drawings and Samp~es:
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6.23. After checking and verifying all field measurements, CONTRACTOR
shall promptly submit to PROFESSIONAL for approval, in accordance with the
accepted schedule of submittals, all submittals and samples required by the
Contract Documents. All submittals and samples shall have been checked by and.
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may
require. The data shown on or with the submittals will be complete with
respect to dimensions, design criteria, materials and any other information
necessary to enable PROFESSIONAL to review the submittal as required. At the
time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all
deviations .thatthe submittal or sample may have from the requirements of the
Contract Documents.
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6.24. PROFESSIONAL shall review and approve submittals and samples.
. Professional's review and approval shall be only for conformance with the.
design concept of the Project and compliance with the information given in the
Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make
any corrections required by ~ROFESSIONAL and resubmit the required number of
corrected copies until approved. CONTRACTOR's stamp of. approval on any
submittal or sample shall constitute its representation to PROFESSIONAL and
County that CONTRACTOR has determined and verified all quantities, dimensions,
field construction criteria, materials, catalog numbers, and similar data, and
that each submittal or sample has been reviewed or coordinated with the
requirements of the Work and the Contract Documents.
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6.24.1. No Work requiring a submittal or sample submission shall
commence until the submission has been approved by PROFESSIONAL. A copy of
each approved submittal and each approved sample shall be kept in good order
by CONTRACTOR at the site and shall be available to PROFESSIONAL and County
staff. Any delay~ associated with the submittal process will be considered
for time extensions only, and no damages or additional compensation for delay
will be allowed.
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6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings and samples and wi th the
requirements of the Work and the Contract Documents.
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6.25.2. At the time of each submission, CONTRACTOR shall give
PROFESSIONAL specific written notice of each variation that the Shop Drawings
or samples may have from the requirements of the Contract Documents, and, in
addition, shall cause a specific notation to be made on each Shop Drawing
submitted to PROFESSIONAL for review and approval of each such variation.
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6.26.' PROFESSIONAL will ieview and approve with reasonable promptness
Shop Drawings and samples, but PROFESSIONAL's review and approval will be only
for conformance with the design concept of the Project and for compliance with
the information given in the Contract Documents and shall not extend to means,
methods, techniques, sequences or procedures of construction (except where a
specific means, method, technique, sequence or procedure. Of construction is
indicated in or required by the Contract Documents) or to safety precautions
or programs incident thereto.. Th~ review and approval of a separate item as
such ':"lill not indicate approval of the assembly in which the item functions.
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6.27. No Work requiring a submittal or sample submission shall commence
until the submission has. been approved by PROFESSIONAL. A. copy of each
approved submittal and each approved sample shall be kept in good order by
CONTRACTOR at the site and shall be available to PROFESSIONAL and Project
t1anagery staff. Any delays associated with the submittal process will be
considered for time extensions only, and no damages or additional compensation
for delay will be allowed. .
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6.28. PROFESSIONAL's approval of submittals or samples shall not
relieve CONTRACTOR from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in writing called
PROFESSIONAL's attention to_each such variation at the time of submission and
the Project Manager.has given written approval to the specific deviation; any
such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility
for errors or omissions in the submittals.
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6.29. Where a shop drawing or sample is required by the Contract
Documents or the schedule of shop drawings and sample submissions accepted by
PROFESSIONAL as required, any related work performed prior to Professional's
review and approval of the pertinent submittal will be at the sole expense and
responsibility of Contractor.
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Continuing the Work:
6.30. CONTRACTOR shall carryon the Work and adhere to the progress
schedule during all disputes or disagreements with OWNER. No Work shall be
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delayed or postponed pending resolution of any disputes or disagreements,
except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise
agree in writing.
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Cleaning Up:
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6.31. CONTRACTOR shall maintain the site free from accumulations of
waste materials, rubbish, and other debris or contaminates resulting from the
work. on a daily basis or as required. At the completion of the work,
CONTRACTOR shall remove all waste materials, rubbish, and debris from the site
as .well as all tools, construction equipment and machinery, and surplus
materials and will leave the Site clean and ready for occupancy by OWNER. All
.disposal shall be in accordance with applicable laws and regulations. In
addition to any other rights available to OWNER under the Contract Documents,
CONTRACTOR's failure to maintain the site may result in withholding of any
amounts due CONTRACTOR. CONTRACTOR will restore to original condition those
"portions of the site not designated for alteration by the Contract Documents.
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Indemnification:
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6.32. To the fullest extent permitted by Laws and Regulations
CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their
consultants, agents and employees from and against all claims, damages, losses
and expenses, direct, indirect or consequential (including but not limited to
fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs and court and arbitration costs) arising out of or resulting
from "the performance of the Work, provided that any such claim, damage, loss
or expense (a)isattributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work
itself) including the loss of use resulting therefrom and (b) is caused in
whole or in part by any negligent act or omission of CONTRACTOR, any
Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not it is caused in part by
a party indemnified" hereunder or arises by or is imposed by Law and
Regulations regardless of the negligence of any such party.
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6.33. In any and all claims against OWNER or PROFESSIONAL or any of
their consultants, agents or. employees by any employee of CONTRACTOR, any
Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any
of them may be liable, the indemnification obligation under paragraph 6.32
shall not. be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for CONTRACTOR or any such
Subcontractor or other person or organization under workers '. or workmen's
compensation acts. disability benefit acts or other employee benefit acts.
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6.34. The obligations of CONTRACTOR" under paragraph 6.32 shall not
extend to the liability of PROFESSIONAL, "PROFESSIONAL's consultants, agents
or employees ~r{sing out of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---0THER WORK
Re~ated Work at Site:
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7.1. OWNER may perform other work related to the Project at the site
by OWNER's own forces, have other work performed by ailed OWNER's or let other
direct contracts therefor which.shall contain General Conditions similar to
these. If the fact that such other work is to be performed was not noted in
the Contract Documents, written notice thereof will be given to. CONTRACTOR
prior to starting any such other work: and, if CONTRACTOR believes that such
performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof.
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
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7;1.2. CONTRACTOR shall afford each utility owner and other contractor
who is a party to such a direct contract for OWNER, if OWNER is performing the
additional work with. OWNER's employees)proper and safe access to the site and
a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and
coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required to make its several pans come
together properly and integrate with such other.work. CONTRACTOR shall not
endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of
PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that there are
comparable provisions for the benefit or' CONTRACTOR in said direct contracts
between OWNER and such utility owners and other contractors.
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7.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of. any such other contractor or utility owner (or
OWNER), CONTRACTOR shall inspect. and promptly report to PROFESSIONAL in
writing any delays, defects or deficiencies in such. work that render it
unavailable or unsuitable for such proper execution and results. CONTRACTOR's
failure so to report will constitute an acceptance of the other work as fit
and proper for integration with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordination:
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7.4. If OWNER contracts with others for the performance of other work
on the Project a~ the site, the person or organization who will have authority
and responsibility for coordination. of the activities among the various prime
contractors will be identified in the Supplementary Conditions, and the
specific matters to be covered by such authority and responsibility will be
itemized, and the extent of such authority .and responsibilities will be
provided, in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any
authority or responsibility in respect of such coordinati~n.
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ARTICLE 8---0WNER'S RESPONSIBILITIES
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8.1. Except as otherwise provided in these General Conditions, COUNTY
shall issue all communications to CONTRACTOR through the Project Manager or
PROFESSIONAL.
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8.2. In case of termination of the employment of PROFESSIONAL, OWNER
shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable
objection, whose status under the Contract Documents shall be that of the
former PROFESSIONAL. Any dispute in connection with such appointment shall be
subject to arbitration.
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8.3. OWNER shall furnish the data required of OWNER under the Contract
Documents promptly and shall make payments to CONTRACTOR promptly after they
are due as provided in paragraphs 14.4 and 14.13.
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8.4. OWNER's duties in respect of providing lands. and easements and
providing Engineering surveys to establish reference points are set forth in
paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and in existing structures which have been
utilized by PROFESSIONAL in preparing the Drawings and Specifications.
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8.5. OWNER's responsibilities in respect of purchasing and maintaining
liability and property insurance aie set forth in paragraphs 5.5 through 5.8.
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8.6. OWNER is obligated to execute Change Orders as indicated in
paragraph 10.3.
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8.7. OWNER's responsibility in respect of certain inspections, tests
and approvals is set forth in paragraph 13.4.
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8.8. In connection with OWNER's right to stop Work or suspend Work, see
paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to
terminate services of CONTRACTOR under certain circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
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Owner '.s Represen ta ti ve:
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9.1. PROFESSIONAL will be OWNER's representative during the
construction period. The duties and responsibilities and the limitations. of
authority of PROFESSIONAL as OWNER's representative during construction are
set forth in the Contract Documents and shall not be extended without written
consent of OWNER and PROFESSIONAL.
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Visits to Site:
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9.2. PROFESSIONAL will make visits to the site at intervals appropriate
to the various stages of construction to observe the premises and quality of
the executed Work and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-sit~ inspections to check the quality or
quantity of the Work. PROFESSIONAL's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed Work will conform
to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL
will keep OWNER informed of the progress of the Work and will endeavor to
guard OWNER against defects and deficiencies in the Work.
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Project Representation:
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9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a
Resident Proj ect Representative to assist PROFESSIONAL in observing the
performance of the Work. The duties, responsibilities and limitations of
authority of any such Resident .project Representative. and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent
to represent OWNER at the site who is not PROFESSIONAL's agent or employee,
the duties, responsibilities and limitations of authority of such other person
will be as provided in the Supplementary Conditions.
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Clarifications and Interpretations:
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9.4. PROFESSIONAL shall issue such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or
otherwise) as may be determined necessary, or .as reasonably requested by
CONTRACTOR, which shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR believes that a
written clarification and interpretation entitles it to an increase in the
Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided
for in Articles 11 or 12.
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Authorized Variations in Work:
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9.5. PROFESSIONAL may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an adjustment in
the Contract Price or the Contract Time and are consistent with the overall
intent of the Contract Documents. These may be accomplished by a Field Order
and will bc binding on OWNER, and also on CONTRACTOR who shall perform the
Work involved
promptly. If CONTRACTOR believes that a Field Order justifies an increase in
the Contract Price or an extension of the Contract Time and the parties are
unable to agree as to the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:.
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9.6. PROFESSIONAL will have autho-ri ty to disapprove or rej ect Work
which PROFESSIONAL believes to be defective, and will also have authority to
require special inspection or testing of the Work as provided in paragraph
13.9, whether or not the Work is fabricated, installed or completed.
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Shop Drawings, Change Orders ~d Payments:
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9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings
and samples, see paragraphs 6.23 through 6.29 inclusive.
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9.S. In connection with PROFESSIONAL's responsibilities as to Change
Orders, see Articles 10, lland.12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of
Applications for Payment, etc., see Article 14.
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Determinations for Unit Prices:
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9.10. PROFESSIONAL will determine the actual quantities and
classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will
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review with CONTRACTOR PROFESSIONAL's preliminary. determinations on such
matters before rendering a whiten decision thereon (by recommendation of an
Application for Payment or otherwise). PROFESSIONAL's written decisions
thereon. will. be final and binding upon OWNER and CONTRACTOR, unless, within
ten days after the date of any such decision, either OWNER or CONTRACTOR
delivers to the other party to the Agreement and to PROFESSIONAL whiten notice
of intention to appeal from such a decision.
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Decisions on Di~utes:
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9.11. PROFESSIONAL will be the initial interpreter of the requirements
of the Contract Do.cuments and judge of the .acceptability of the Work
thereunder. Claims, disputes and other matters relating to the acceptability
of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of the Work and claims
under Articles 11 and 12 in respect of changes m the Contract Price or
Contract Time will be referred initially to PROFESSIONAL in writing with a
request for a formal decision in accordance with this paragraph, which
PROFESSIONAL will render in writing within a reasonable time, Written notice
of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event
later than thirty days after the occurrence of the event giving rise thereto,
and written supporting data will be submitted to PROFESSIONAL and the other
party within sixty days after such occurrence unless PROFESSIONAL allows an
additional period of time to ascertain more accurate data in support of the
claim.
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9.12. When functioning as interpreter and judge under paragraphs 9.10
and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and
will not be liable in connection with any interpretation or decision rendered
in good faith in such capacity. The rendering of a decision by PROFESSIONAL
pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute
or other matter (except any which have been waived by the making or acceptance
of final payment as provided in paragraph 14.16) will be a condition precedent
to any exercise by OWNER or CONTRACTOR of such rights or remedies as either
may otherwise have under the Contract Documents or by Laws or Regulations in
respect of any such claim, dispute or other matter.
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Limitations on PROFESSIONAL's Re~onsibi~ities:
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9.13. Neither PROFESSIONAL's authority to act under this Article or
elsewhere in the Contract Documents, nor any decision made in good faith to
exercise such authority shall give rise to any duty or responsibility of
PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or
employees.
9.14. PROFESSIONAL shall not be responsible for the construction means,
methods, techniques, sequences, 6r procedures or the safety precautions and
programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure
to perform the Work in accordance with ~he Contract Documents.
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9.15. PROFESSIONAL shall not be responsible for the acts or omissions
of CONTRACTOR, any Subcontractors, any agents or employees, or any other
persons performing any of the Work.
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ARTICLE lO--CHANGES IN THE WORK
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10.1. Without invalidating the Contract, OWNER may at any time or from
time to time orde.r additions, deletions, or revisions in the Work. The
Project Manager shall provide CONTRACTOR with a proposal request, identifying
the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall
promptly submit a written proposal for the changed work prepared in accordance
with Articles 11 and 12. If the proposal request calls only for the deletion
of Work, the Project Manager may order the partial suspension of any Work
related to the proposed deletion, in which case CONTRACTOR must cease
performance as directed; CONTRACTOR shall not be entitled to claim lost
profits on deleted work. All changed Work shall be executed under the
applicable conditions of the Contract Documents.
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10.2. Additional Work performed by CONTRACTOR without authorization of
a Change Order will not entitle CONTRACTOR to an increase in the Contract
Price or an .extension of the Contract Time, except in the case of an emergency
as provided in Article 7. The effect of this paragraph shall. remain paramount
and shall prevail irrespective of any conflicting provisions contained in
these Contract Documents.
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10.3. Upon agreement as to changes in the Work to be performed, Work
performed in an emergency as provided in Article 6, and any other claim of
CONTRACTOR for a change in the Contract Time or the Contract Price,
PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL
and CONTRACTOR and submitted to OWNER for approval.
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10.4. In the absence of an agreement as provided in 11.1.3, OWNER may,
at its sole discretion issue a Work Directive Change to CONTRACTOR. Pricing
of the Work Directive Change will be in accordance with Section 12.1.3. The
Work Directive Change will. specify a price, and if applicable a time
extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign
such Work Directive Change, CONTRACTOR may submit. a claim in accordance with
Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully
perform the work as dir~cted byth~ Construction Change Directive.
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10.5. CONTRACTOR shall proceed diligently with performance of the Work
as directed by OWNER, regardless of pending claim actions, unless otherwise
agreed to in writing.
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10.6. If notice of any change affecting the general scope of the Work
or the provisions of the Contract Documents (including, but not limited to,
Contract Price or Contract Yime1 is required by the provisions of any Bond to
be given to a surety, the giving of any such notice will be. CONTRACTOR IS
responsibility, and the amount of 'each applicable Bond will be adjusted
accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
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11.1. The Contract Price constitutes the total compensation (subject
to written authorized adjustments) payable to CONTRACTOR. for performing the
Work. All duties, responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's, expense without change in the Contract
Price.
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11.2. The Contract Price may only be changed by a Change Order or by
a Written Amendment. Any claim for an increase or decrease in the Contract
Price shall be based on.written notice delivered by the party making the claim
to the other party and to PROFESSIONAL promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the amount of the claim
with supporting data shall be delivered within sixty days after such
occurrence (unless PROFESSIONAL allows an additional period of time to
ascertain more accurate data in support of the claim and shall be accompanied
by claimant's written statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the claimant is entitled
as a result of the occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 lf OWNER and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will be valid if
not submitted in accordance with this paragraph 11.2.
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11.3. The value of any Work covered by a Change Order or of any claim
for an adjustment in the Contract Price will be determined by the following
procedures:
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11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER
recognize and acknowledge that the quantities shown for those items designated
in the Bid Proposal as.unit price items are approximations prepared by OWNER
for bid purposes and that the actual compensation payable to CONTRACTOR for
the utilization of such items is based upon the application of unit prices to
the actual quantities of items involved as measured in the field and required
to complete the Work as originally defined in the Contract Documents.
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11.3.2. When it is determined by OWNER that an addition, deletion, or
revision to the Work as defined in these Contract Documents is required and
affects the quantities required for items designed in the Bid Proposal as unit
price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change
Order based upon the application of the appropriate unit prices shown in the
Bid Proposal to the quantity of the unit price item required to complete the
Work as defined in the Contract Documents.
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11.3.3. Other Unit Prices. For items not designated in the bid proposal
as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on
by Change Order.
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11.3.4. Lump Sum. When it is determined by OWNER that an addition,
deletion or revision to the Work is required which results in a change in Work
designated in the Bid Proposal as a lump sum item, the amount of increase or
decrease in the lump sum price shall be established by mutual agreement of the
parties.
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11.3.5. If the pricing methods specified in 11.3 are inapplicable, or
if the parties are unable to agree on a price for the changed work, a
reasonable price for the same shall be established by OWNER in accordance with
11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying
the said reasonable price, in accordance with 11.4. through 11.6. CONTRACTOR
shall perform the Work as directed in the Change Order;
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11.3.6. Failure on the part of CONTRACTOR to construct any item to plan
or authorized dimensions within the specification tolerances shall result in:
reconstruction to acceptable tolerances at no additional costs to OWNER;
acceptance at no pay; or acceptance at reduced final pay quantity of reduced
unit price, all at the discretion of OWNER. Determinations of aggregate
monetary change for items identified as lump sum quantities shall be made by
OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct
to plan or authorized dimensions. .
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Cost of the Work:
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11.4. The term Cost of the Work means the sum.of all costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the Work. Except
as otherwise may be agreed to in writing by OWNER, such costs shall be in
amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs
itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR
in the performance of the Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR~ Payroll costs for employees not employed full
time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to; salaries and wages
plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses, sick leave, vacation
and holiday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Saturday, Sunday or legal holidays,. shall be
included in the above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished and incorporated
in the Work, including costs of transportation and storage thereof, and
Suppliers' field services requ~red in connection therewith. All cash discounts
shall accrue to CONTRACTOR unles.s OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash discounts shall accrue to
OWNER. Trade discounts, rebates and refunds and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall
make provisions so that they may be obtained.
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11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work
performed by Subcontractors. If.requiredby OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable. to CONTRACTOR and shall
deliver such bids to OWNER who then determine, with the advice of
PROFESSIONAL, which bids .willbe accepted. If a subcontract provides that the
Subcontractor is to be paid on. the basis of Cost of the Work Plus a Fee, the
Subcontractor's Cost of the Work shall be determined in the same manner as
CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other
provisions of the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited
to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and
accountants) employed for services specifically related to the Work.
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11.4.5. Supplemental costs including the following:.
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11.4.5.1. The proportion of necessary transportation, travel and
subsistence expenses of CONTRACTOR's employees incurred in discharge of duties
connected with the Work.
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11.4.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the workers, which are
consumed in the performance of the Work, and cost less market value of such
items used but not consumed which remain the property of CONTRACTOR.
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11.4.5.3. Rentals of all construction equipment and machinery and the
pans thereof whether rented from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the advice of
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PROFESSIONAL, . and the costs of transportation; loading, unloading,
installation, dismantling and removal thereof---all in accordance with terms
of said rental agreements. The rental of any such equipment, machinery or
parts shall cease when the use thereof is no longer necessary for the Work.
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11.4.5.4. Sales, consumer, use or similar taxes related to the Work,
and for which CONTRACTOR is liable, imposed by Laws and Regulations.
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11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR,
any Subcontractor or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable, and royalty payments and fees for
permits and licenses.
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11.4.5.6. Losses and damages (and related expenses), not compensated
by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of the Work (except losses
and damages within the deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.6). provided they have resulted from
causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them
may be liable. Such losses shall include settlements made with the written
consent and approval of OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of determining CONTRACTOR's
Fee. If, however, any such loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for.services
a fee proportionate to that stated in paragraph 11.6.2.
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11..4.5.7, The cost of ritilities, fuel and sanitary facilities at the
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site.
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11.4.5.8. Minor expenses such as telegrams, long distance telephone
calls, telephone service at the site, expressage and similar petty cash items
in connection the Work.
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.. 11.4.5.9. Cost of premiums for additional Bonds and insurance required
because of changes in the Work and premiums of property insurance coverage
within the limits of the deductible amounts established by OWNER in accordance
with paragraph 5.6.
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11.5. The term Cost of the Work shall not include any of the following:
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11.5.1. Payroll costs and other compensation of CONTRACTOR's officers,
executi ves, principals (of partnership and sole proprietorships), general
managers, PROFESSIONALs, architects, estimators, attorneys, auditors, accoun-
tants, purchasing and contr~cting agents, expeditors, timekeepers, clerks and
other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's
principal or a branch office for general administration of the Work and not
spec::ifically included in the agreed upon schedule of job classifications
referred to in paragraph Tl.4.1 or specifically covered by paragraph
11.4.4--all of which are to be considered administrative cost.s covered
by CONTRACTOR's Fee.
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11.5.2. Expenses of CONTRACTOR's principal area branch offices other
than CONTRACTOR's office at the site.
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11.5.3. Any part of CONTRACTOR's capital expenses, including interest
on CONTRACTOR'S capital used for the Change Order Work and charges against
CONTRACTOR for delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all insurance whether
or not CONTRACTOR is required by the Contract Documents to purchase and
maintain the same (except for the cost of premiums covered by subparagraph
11.4.5.9 above).
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11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor,
or anyone directly or indirectly, employed by any of them or for whose acts
any of them may be liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment wrongly supplied and making
good any damage to property.
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11.5.6. Other overhead or general expense costs of any kind and the
costs of any item not specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
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11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
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11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon.
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11.6.2. a fee based on the followif?g percentages of the various
portions or' the Cost of the Work:
11. 6.2.1. for costs incurred under paragraphs 11.4.1 and 11. 4.2,
CONTRACTOR's Fee shall be fifteen percent:
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11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee
shall five percent; and if a subcontract. is on the basis of Cost of the Work
Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and
profit of all Subcontractors shall be fifteen percent:
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11.6.2.3. no fee shall be payable on the basis of costs itemized under
paragraphs 11.4.4, 11.4.5 and 11.3:
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11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for
any such change which results in a net decrease in cost will be the amount of
the actual net decrease. plus a deduction in CONTRACTOR's Fee by an amount
equal to ten percent of the net decrease: and
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11.6.2.5. when both additions and credi ts are involved in anyone
change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of
the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4,
inclusive.
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11. 7. For all changes, CONTRACTOR shall submit an itemized cost
breakdown, together with supporting data in such detail and form as prescribed
by the proj ect Manager. When a credit is due, the amount of credit to be
allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost
as determined by the proj ect Manager, plus the applicable reduction in
overhead and profit. When both additions and credits are involved in any
change, the combined overhead and profit shall be calculated on the basis of
the next change, whether an increase or decrease. In any event, the minimum
detail shall be an itemization of all man-hours required by discipline/trade
with the unit cost per man-hour and total labor price, labor burden, equipment
hours and rate for each pie~e of equipment, material by units of measure and
price per unit, other costs specifically itemized, plus the overhead and
profit markup.
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Cash Allowances:
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11.8. It is understood that CONTRACTOR has included in the Contract
Price all allowances so named in the Contract Documents and shall cause the
Work so covered to be done by such Subcontractors or Suppliers and for such
sums. within the limit of the allowances as may be acceptable to PROFESSIONAL,
CONTRACTOR agrees that:
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11.8.1. The allowances include the cost to CONTRACTOR (less any
applicable trade discounts) of materials and equipment required by the
allowances to be delivered at the site, and all applicable taxes; arid
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11.8.2. CONTRACTOR's costs for unloading and handling on the site,
labor, installation costs, overhead, profit and other expenses contemplated
for the allowances have been included in the Contract Price and not in the
allowances. No demand for additional payment on account of any thereof will.
be valid.
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Prior to final payment, an
recommended by PROFESSIONAL
account of Work covered by
correspondingly adjusted.
appropriate Change Order will
to .reflect actual amounts due
allowances; and the Contract
be issued as
CONTRACTOR on.
Price shall be
rlni t Price Work:
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11.9.1. Where the Contract Documents provide that all or part of the
Work is to be Unit Price Work, initially the Contract Price will be deemed to
include for all Unit Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price. Work times the
estimated quantity of each item as indicated in the Agreement. The estimated
quantities of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial Contract Price.
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Determinations of the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR will be made by PROFESSIONAL in accordance with
Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an amount considered
by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for
each separately identified item.
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11.9.3. Where the quantity of any item of Unit Price Work performed by
CONTRACTOR differs materially and significantly from the estimated quantity
of such item indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if CONTRACTOR believes
that CONTRACTOR has incurred additional expense as a result thereof, CON-
TRACTOR may make a claim for an increase in the Contract Price in accordance
with Article 11 if the parties are unable to agree as to the amount of any
such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
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12.1. The Contract Time may only be changed by a Change Order. Any
request for an extension in the .Contract Time shall be made in writing and
delivered to PROFESSIONAL and Project Manager within seven (7) calendar days
of the occurrence first happening and resulting in the. claim. Written
supporting data will be submitted to PROFESSIONAL and Project Manager within
fifteen (15) calendar days after such occurrence unless the Project Manager
allows additional time. All claims submitted by CONTRACTOR for adjustments
to the Contract Time must set .forth in detail the reasons for and causes of
the delay and clearly indicate why the subject delay was beyond CONTRACTOR's
control or fault.
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12.2. If CONTRACTOR is delayed at any time in the performance, progress,
commencement, or completion of the Work by any act or neglect of OWNER or
PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR
employed by OWNER, or by changes ordered in the Work, or by labor disputes,
fire, unavoidable casualties, utility conflicts which could not have been
identified or foreseen by CONTRACTOR using reasonable diligence,. or any causes
beyond CONTRACTOR's control or fault, then the Contract Time shall be extended
by Change Order for such reasonable time as OWNER may determine. CONTRACTOR
shall be .enti tied to an extension of time for such causes only for the number
of days of delay which OWNER may determine to be due solely to such causes and
only to the extent such occurrences actually delay the completion of the Work
and then only if .CONTRACTOR shall have strictly complied with all the
requirements of the Contract DocUments. Provided, however, notwithstanding
anything in the Contract Documents to the contrary, no interruption,
interference, inefficiency, suspension or delay in the performance, progress,
commencement or completion of the Work for any cause whatsoever, including
those for which OWNER or PROFESSIONAL may be responsible in whole or in part,
shall relieve CONTRACTOR of its duty to perform or give rise to any right to
damages or additional compensation from OWNER. CONTRACTOR's sole and
exclusive remedy against OWNER for interruption, interference, inefficiency,
suspension or delay of any aspect of the Work shall be the right to seek an
extension to the Contract Time in accordance with the procedures set forth
herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
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Warranty and Guarantee:
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13.1. CONTRACTOR warrants and guarantees to OWNER that all materials
and equipment will be new unless otherwise specified and that all work will
be of good quality, performed in a workmanlike manner, free from faults or
defects, and in accordance with the requirements of the Contract Documents and
any inspections, tests, or approvals referred to in this Article. All
unsatisfactory Work, all faulty Work and all Work not conforming to the
requirements of the Contract Documents or such inspections, tests, approvals,
or all applicable building, construction and safety requirements shall be
considered defective. Notice of all defects shall be given to CONTRACTOR by
PROFESSIONAL. All defective work, whether or not in place, may be rejected,
corrected, or accepted as provided in this Article.
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"Access to Work:
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13.2. For the duration of the Work, PROFESSIONAL and its
representatives, other designated representatives of OWNER, and authorized
representatives of any regulatory agency shall at all times be given access
to the Work. CONTRACTOR shall provide proper facilities for such access and
observation of the Work and also for any inspection or testing by others.
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Tests and Inspections:
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13.3. If the Contract Documents, laws, ordinances, rules, regulations
or orders of any public authority having jurisdiction require any Work to
specifically be inspected, tested, .or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness
therefore.
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13.4. The testing firm(s) (if assigned by OWNER to this Work) and all
such inspections, tests, or approvals provided for by OWNER shall be
identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections,
tests or approvals shall be at CONTRACTOR's expense including additional
expenses for inspection and tests required as a result of delays by CONTRACTOR
or hours worked in excess of 40 hours per week. For all required inspections,
tests, and approvals on any Work prepared, performed, or assembled away from
the site, CONTRACTOR will. furnish PROFESSIONAL with the required Certificates
of Inspection, testing, or approval. All such tests will be in accordance
with the methods prescribed by the American Society for Testing and Materials
or such other applicable organizations as may be required by law or the
Contract Documents. Materials or Work in place that fail to pass
acceptability tests shall be retested at the direction of PROFESSIONAL and at
CONTRACTOR's expense.
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13.5. All inspections, tests or approvals other than those required by
Laws or Regulations of any public body having jurisdiction shall be performed
by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL. if so
specified) .
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13.6. If any Work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of
PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless
CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to
cover the same and PROFESSIONAL has not acted with reasonable promptness in
response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor
inspections, tests ,or approvals by persons other than CONTRACTOR shall
relieve CONTRACTOR of its obligations to perform the Work in accordance with
the requirements of the Contract Documents.
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Uncovering Work:
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13.8. If any Work required to be inspected, tested or approved is
covered prior thereto without the prior written approval of PROFESSIONAL, or
if any Work is covered contrary to the request of PROFESSIONAL, the Work
shall, if requested by PROFESSIONAL,. be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense..
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13.9. If PROFESSIONAL considers it necessary or advisable that covered
Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR,
at PROFESSIONAL's request, shall uncover, expose or otherwise make available
for observation, inspection or testing as PROFESSIONAL may require, that
portion of the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, CONTRACTOR shall bear
all directJand consequential costs of such uncovering, exposure, observation,
inspection and testing and of satisfactory reconstruction, (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in Article 11. If, however,
such Work is not found to be defective, CONTRACTOR shall be allowed an
increase in the Contract Price,. or an extension of the Contract Time, or both,
directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction; and, if the parties are unable to agree as to the
amount or extent thereof, CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
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Owner May Stop the Work:
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13.10. When Work is defective or when CONTRACTOR fails to supply
sufficient skilled workmen or suitable materials or equipment, or make prompt
payments to Subcontractors for labor, materials, or equipment, or if
CONTRACTOR violates any provisions of these Contract Documents, OWNER may
order CONTRACTOR to stop the Work until the cause for such order has been
eliminated. However, this right pf OWNER to stop the Work shall not give rise
to any duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an
increase in the Contract Price or Contract Time or other damages for a stop
work order under this paragraph~
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Correction or Removal of Defective Work:
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13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly,
without cost to OWNER and as specified by PROFESSIONAL, either correct the
defective Work whether fabricated, installed, or completed, or remove it from
the site and replace it with non defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within
a reasonable time, all as specified in a written notice from PROFESSIONAL,
OWNER may have the deficiency corrected. All direct and indirect costs of
such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing
and replacing all Work of others destroyed or damaged by the correction,
removal, or replacement of the defective Work.
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One Year Correction Period:
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13.12. If, after approval of final payment and prior to the expiration
of one year after the date of substantial completion or such longer period of
time as may be prescribed by law or by the terms of any applicable. special
guarantee required by the Contract Documents, any Work or.materials.are found
to be defective, incomplete, or otherwise not in accordance with the Contract
Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions, either correct such defective Work, or if
it has been rejected by OWNER, remove it from the Site and replace it with
non-defective Work. If CONTRACTOR does not promptly comply with the terms of
such instructions, OWNER may have the defective Work corrected, removed, or
replaced. All direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers,
architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR.
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Acceptance of Defective Work:
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13.13. If, instead of requiring correction or removal and replacement
of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final
payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR
shall bear all direct,. indirect and consequential costs attributable to
OWNER's evaluation of and determination to ~ccept such defective Work (such
costs to be approved by PROFESSIONAL as to reasonableness and to include but
not be limited to fees and charges of PROFESSIONALs, architects, attorneys and
other PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's
recommendation of final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with respect to the Work and
OWNER shall be entitled to an appropriate decrease in the Contract Price, and,
if the panics are unable to agree as to the amount thereof. OWNER may make a
claim therefor as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
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13 .14. If CONTRACTOR fails within a reasonable time after written
notice of PROFESSIONAL to proceed to correct and to correct defective Work or
to remove and replace rejected Work as required by PROFESSIONAL in accordance
with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR falls to comply with any other
provision of the Contract Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph OWNER shall proceed
expeditiously, to the extent necessary to ~omplete corrective and remedial
action, OWNER may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CONTRACTOR's services
related thereto, take possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and incorporate in the Work
all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER,
OWNER's representatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and remedies under this
paragraph. All direct, indirect and consequential costs of OWNER in exercising
such rights and remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by PROFESSIONAL, and a Change Order will be
issued incorporating the necessary revi.sions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an appropriate decrease
in the Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as provided in Article 11.
Such direct, indirect and consequential costs will include but not be limited
to fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs, all court costs and all costs of repair and replacement of work
of others destroyed or damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of
the Contract Time because of any delay in performance of the Work attributable
to the exercise by OWNER of OWNER's rights and remedies hereunder.
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Neg~ected Work by CONTRACTOR.
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13.15. If CONTRACTOR neglects to execute the Work in accordance with
the Contract Documents, including any requirements of the progress schedule,
PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific
corrective actions including,. but not limited to, employing additional
workmen, and/or equipment, and working extended hours and additional days, all
at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR
fails to correct the deficiency or take appropriate corrective action, OWNER
may terminate the contract or CONTRACTOR's right to proceed with that portion
of Work and have the Work done by others. The cost of completion under such
procedure shall be charged against CONTRACTOR. A Change Order shall be issued
incorporating the necessary revisions in the Contract Documents, including an
appropriate reduction in the Contract Price. If the payments due CONTRACTOR
are not sufficient to cover such amount, CONTRACTOR shall pay the difference
to OWNER.
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13.16. Should CONTRACTOR work overtime, weekends or holidays to regain
the schedule, all costs to" OWNER of associated inspection, construction
management and resident PROFESSIONALs shall be identified to CONTRACTOR and
the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Va~ues:
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14.1. The schedule of values established as provided in 2.9 will serve
as the basis for progress payments and will be incorporated into a form of
application for Payment acceptable to Project Manager. Progress payments on
account of Unit Price Work will be based on the number of units completed.
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Application for Progress Payment:
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14.2. At least twenty (20) calendar days before the date established
for each progress payment (but not more often than once a month), CONTRACTOR
shall submit to PROFESSIONAL for review an application for Payment filled out
and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required
by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored
at the. site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the materials and equipment
free and clear of all liens and evidence that the materials and equipment are
covered by appropriate property insurance and other arrangements to protect
OWNER's interest therein, all of which will be satisfactory to OWNER. Payment
is subject to a ten percent (10%) retainage that will be held until the final
payment or acceptance by OWNER. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
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CONTRACTOR's Warranty of Tit~e:
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14.3. CONTRACTOR warrants and guarantees that title to all Work,
materials and equipment covered by any Application for Payment, whether
incorporated in the Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
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Review of App~ications for Progress Payment:
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14.4. PROFESSIONAL will, within ten (10) calendar days after receipt
of each Application for Payment, either indicate in writing a recommendation
of payment and present the application to OWNER, or return the application to
CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the application. OWNER shall, within thirty-one
calendar days of presentation to him of the application for payment with
PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
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14.5. PROFESSIONAL's recommendation of any payment requested in an
Application for Payment will constitute a representation by PROFESSIONAL to
OWNER, based on PROFESSIONAL's on-site observations of the Work in progress
as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's
review of the Application for Payment and the accompanying data and schedules
that the Work has progressed to the point indicated; that, to the best of
PROFESSIONAL's knowledge, information and belief; the quality' of the Work is
in accordance with the Contract Documents subject to an evaluation of the Work
as a functioning whole prior to or upon Substantial Completion, to the results
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of any subsequent tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit Price Work under
paragraph 9.10. and to any other qualifications stated in the recommendation,
and that CONTRACTOR is entitled to payment of the amount recommended. However,
'by recommending any such payroentPROFESSIONAL will not thereby be deemed to
have represented that exhaustive or continuous on-site inspections have been
made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract
Documents or that there may not be other matters or issues between the parties
that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14.6. PROFESSIONAL's recommendation of final payment will constitute
an additional representation by PROFESSIONAL to OWNER that the conditions
precedent to CONTRACTOR's being entitled to final payment as set forth in
paragraph 14.13 have been fulfilled.
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14.7. PROFESSIONAL may refuse to recommend the whole or any part of any
payment if, in PROFESSIONAL's opinion, it would be incorrect to make such
representations to OWNER. PROFESSIONAL may also refuse to recommend any such
payment, or, because of subsequently discovered evidence or the results of
subsequent inspections or tests; nullify any such payment previously
recommended, to such extent a~ may be necessary in PROFESSIONAL's opinion to
protect OWNER from loss because:
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14.7.1. the Work is defective, or completed Work. has been damaged
requiring correction or replacement.
14.7.2.
Change Order.
the Contract Price has been reduced by Written Amendment or
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14.7.3. OWNER has been required to correct defective Work or complete
Work in accordance with paragraph 13.14. or
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14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of
the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive.
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OWNER may refuse to make payment of the full amount recommended by
PROFESSIONAL because claims have been made against OWNER on account of
CONTRACTOR's performance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling OWNER to a
set-off against the amount recommended, but OWNER must give CONTRACTOR
immediate written notice (with a copy to PROFESSIONAL) stating the reasons for
such action.
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Substantia~ Comp~etion:
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14.8. When CONTRACTOR considers the entire Work ready for.its intended
use CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire
Work is substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate
of Substantial Completion. Within a reasonable time thereafter, OWNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine
the status of completion. If PROFESSIONAL does not consider the Work
substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving
the reasons therefor. If PROFESSIONAL considers the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative
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certificate of Substantial Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of
items to be completed or corrected before final payment. OWNER shall have
seven days after receipt of the tentative certificate during which to make
written objection to PROFESSIONAL as to any provisions of the certificate or
attached list. If, after considering such objections. PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL will within fourteen
days after submission of the tentative certificate to OWNER notify CONTRACTOR
in writing. stating the reasons therefor. If, after consideration of OWNER's
objections, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes
from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER. At the time of delivery of the
tentative certificate of Substantial Completion PROFESSIONAL will deliver to
OWNER and CONTRACTOR a written recommendation as to division of
responsibili ties pending final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utilities,
insurance, and warranties. Unless OWNER and CONTRACTOR agree otherwise in
wri ting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the
defini ti ve certificate of Substantial Completion, PROFESSIONAL's aforesaid
recommendation will be binding on OWNER and CONTRACTOR until final payment.
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14.9. OWNER shall have the right to exclude CONTRACTOR from the Work
after the date of Substantial Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the tentative list.
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Partia~ Uti~ization:
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14.10. Use by OWNER at OWNER's option of any substantially completed
part of the Work which (i) has specifically been identified in the Contract
Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a
separately functioning and usable part of the Work that can be used by OWNER
for its intended purpose without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the following.
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14.10.1. OWNER at any time may request CONTRACTOR in writing to permit
OWNER to use any such part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR
will certify to OWNER and PROFESSIONAL that said part of the Work is
substantially ccmplete and request PROFESSIONAL to issue a certificate of
Substantial Completion for that part of the Work. CONTRACTOR at any time may
notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work
to determine its status of completion. If PROFESSIONAL does not consider that
part of the Work to be substantially complete, PROFESSIONAL will notify. OWNER
and CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL
considers that part o(the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to certification of
Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
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14.10.2. OWNER may at any time request CONTRACTOR in writing to permit
OWNER to take over operation of any such part of the Work although it is not
substantially complete. A copy of such request will be sent to PROFESSIONAL
and within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL
shall make an inspection of that part of the Work to determine its status of
completion and will prepare a list of the items remaining to be completed or
corrected thereon before final payment. If CONTRACTOR does not object in writ-
ing to OWNER and PROFESSIONAL that such part of the Work is not ready for
separate operation by OWNER, PROFESSIONAL will finalize the list of items to
be completed or corrected and will deliver such list to OWNER and CONTRACTOR
together with a written recommendation as to the division of responsibilities
pending final payment between OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and
CONTRACTOR at the time when OWNER takes over such operation (unless they shall
have otherwise agreed in writing and so informed PROFESSIONAL). During such
operation and prior to Substantial Completion of such part of the Work, OWNER
shall allow CONTRACTOR reasonable access to complete or correct items on said
list and to complete other related Work.
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14.10.3. No occupancy or separate operation of part of the Work will
be accomplished prior to compliance with the requirements of paragraph 5.15
in respect of property insurance.
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14.10.4. OWNER, may at its discretion, reduce the amount of retainage
subject to Beneficial Occupancy.
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Final Inspection:
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14.11. Upon written notice from CONTRACTOR that the entire Work or an
agreed portion thereof is complete, PROFESSIONAL will make a final inspection
with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary
to remedy such deficiencies.
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Final Application for Payment:
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14.12. After CONT~CTOR has completed all such corrections to the
satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the
Contract Documents all maintenance and operating instructions, schedules,
guarantees, bonds, certificates or other evidence of insurance required by
5.2, certificates of inspection, marked-up record documents and other
documents, CONTRACTOR may make application for final payment following the
procedure for progress payments. The final Application for Payment shall be
~ccompanied (except as previously delivered) by: (i) all documentation called
for in the Contract Documents, including but not limited to the evidence of
insurance required, (ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers (satisfactory to
OWNER) of all liens arising out of or filed in connection with the Work. In
lieu of such. releases orwai vers of liens and as approved by County,
CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services,
material and equipment for which a lien could be filed, and (ii) all payrolls,
material and equipment bills and other indebtedness connected with the Work
for which OWNER or OWNER's property might in any way be responsible have been
paid or otherwise satisfied. If any Subcontractor or supplier fails to
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furnish such a release or re~eipt in full, CONTRACTOR may furnish a bond or
other collateral satisfactory to OWNER to indemnify OWNER against any lien.
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14.12.1. No application for final payment will be accepted by OWNER
until approved as-built documents by CONTRACTOR are accepted and approved by
PROFESSIONAL.
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14.12.2. Notwithstanding any other provision of these contract
documents to the contrary, OWNER and PROFESSIONAL are under no duty or
obligation whatsoever to any vendor, materials provider, Subcontractor,
laborer or other party to ensure that payments due and owing by CONTRACTOR to
any of them are or will be made. Such parties shall rely only on CONTRACTOR's
surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and
resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL
for all claims arising from or resulting from Subcontractor or supplier or
material men or laborer services in connection with this project.
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14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and
PROFESSIONAL for any damages sustained including lost profits resulting from
CONTRACTOR's failure or refusal to perform the work required by these contract
documents.
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Fina~ Payment and Acceptance:
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14.13. If, on the basis of PROFESSIONAL's observation of the Work
during construction and final inspection, and PROFESSIONAL's review of the
final Application for Payment and accompanying documentation as required by
the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have
been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt
of the final Application for Payment, indicate in writing PROFESSIONAL's
recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also give. written notice to OWNER and
CONTRACTOR that the Work is acceptable subject to the provisions of 14.6.
Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating
in writing the reasons. for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application.
After the presentation to OWNER of the application and accompanying
documentation, in appropriate form and substance and with PROFESSIONAL's
recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
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14.14. If, through no fault of CONTRACTOR, final completion of the Work
is significantly delayed and.if PROFESSIONAL so confirms, OWNER shall, upon
receipt of CONTRACTOR's final Application for Payment and recommendation of
PROFESSIONAL, and without terminating. the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not fully completed or
corrected is less than the.retainage stipulated in the Contract, and if bonds
have been furnished as required in Article 5, the written consent of the
surety to the payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with
the application for such payment. Such payment shall be made under the terms
and conditions governing final payment, except that it shall not constitute
a waiver of claims.
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CONTRACTOR's Continuing Obligation:
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14.15. CONTRACTOR's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. Neither
recommendation of any progress or final payment by PROFESSIONAL, nor the
issuance of a certificate of Substantial Completion, nor any payment by OWNER
to CONTRACTOR under the Contract Documents, nor any use or occupancy of the
Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL
pursuant to paragraph 14.13. nor any correction of defective Work by OWNER
will constitute an acceptance of Work not in accordance with the Contract
Documents or a release of CONTRACTOR I s obligation to perform the Work in
accordance with the Contract Documents (except as provided in paragraph
14.16) .
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Waiver or C~aims:
14.16. The making and acceptance of final payment will constitute:
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14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except
claims arising from unsettled liens, from defective Work appearing after final
inspection pursuant to 14.11 from failure to comply with the Contract
Documents or the terms of. any .special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
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14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than
those previously made in writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
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Owner May Suspend Work:
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15.1. OWNER may, at any time and without cause, suspend the Work or any
portion thereof for a period of not more than ninety days by notice in writing
~to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11 and ~2.
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Ter.mination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
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15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of
~he Bankruptcy Code (Title 11~ United States Code), as now or hereafter in
effect, or if CONTRACTOR takes any equivalent or similar action by filing a
petition or otherwise under any other federal or state law in effect at such
time relating to the bankruptcy or insolvency;
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15.2.2. if a petition is filed against CONTRACTOR under any chapter of
the Bankruptcy Code as now _or hereafter in effect at the time of filing, or
if a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time relating
to bankruptcy or insolvency;
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15.2.3. if CONTRACTOR makes a general assignment for the benefit of
creditors;
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15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is
appointed under applic.able law or under contract, whose appointment or
authority to take charge of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose of general
administration of such property for the benefit of CONTRACTOR's creditors;
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15.2.5. if CONTRACTOR admits in writing an inability to pay its debts
generally, as they become due;
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15.2.6. if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents (including, but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment or failure to
adhere to the progress.schedule established under paragraph 2.9 as revised
from time to time);
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15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body
having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
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15.2.9. if CONTRACTOR otherwise violates in any substantial way any
provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and
the surety, if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment and machinery at the
site and use the same to the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER
may deem expedient. In such case CONTRACTOR shall .not be entitled to receive
any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct, indirect and consequential costs of
completing the Work (including . but not limited to fees. and charges of
PROFESSIONALS, architects, attorneys and other PROFESSIONALS and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER.
Such costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when exercising any
rights or remedies under this paragraph OWNER shall not be required to obtain
the lowest price for the Work performed.
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15.3. In the event OWNER terminates the contract for cause and it is
subsequently judicially determined that there was no cause for termination,
the termination for convenience provision will be the means for disposition
of the balance of the contract obligations.
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Termination for Convenience
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15.4. Upon seven working days' written notice to CONTRACTOR and
PROFESSIONAL, OWNER may, without cause and without prejudice to any other
right or remedy of OWNER, elect to terminate the Contract. In such case,
CONTRACTOR shall be paid (without duplication of any items):
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15.4.1. For completed and acceptable Work executed in accordance with
the Contract Documents prior to the effective date of termination, including
fair and reasonable sums for overhead and profit oh such Work;
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15.4.2. For expenses sustained prior to the effective date of
termination in performing services and furnishing labor, materials or
equipment as required by the Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and profit on such expenses;
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15.4.3. For all claims, costs, losses and damages incurred in
settlement of terminated contracts with Subcontractors, suppliers and others;
and
15.4.4. For reasonable expenses directly attributable to termination.
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CONTRACTOR shall not be paid on account of loss of anticipated profits or
revenue or other economic loss arising out of or resulting from such
termination.
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15.5, Where CONTRACTOR's services have been so terminated by OWNER, the
termination will not affect any rights or remedies of OWNER against CQNTRACTOR
then existing or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
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CONTRACTOR May Stop Work or Ter.minate:
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15.6. If through no act or fault of CONTRACTOR, the Work is suspended
for a period of more than nin~ty calendar days by OWNER or under an order of
court or other public authority, or PROFESSIONAL fails to act on any
Application for Payment within thirty days after it is submitted or OWNER
fails for thirty-one days to pay CONTRACTOR any sum finally determined to be
due, then CONTRACTOR may upon. seven working days' written notice to OWNER and
PROFESSIONAL and provided OWNER or. PROFESSIONAL did not remedy such suspension
or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the
Agreement and without prejudice. to any other right or remedy, if PROFESSIONAL
has failed to act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty-one days after it is submitted,
or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum
finally determined to be due, CONTRACTOR may upon seven day's written notice
to OWNER and PROFESSIONAL stop the. Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph are
not intended to preclude CONTRACTOR from making claim under Articles 11 and
12 for an increase in Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to CONTRACTOR's stopping Work as
permi tted by this paragraph. The provisions of this paragraph shall not
relieve CONTRACTOR of the obligations under paragraph 6.30 to carryon the
v70rk in accordance with the progress schedule and without delay during
disputes and disagreements with OWNER.
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SECTION IND
INDEX
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
BID
BID BOND
NOTICE OF AWARD
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE TO PROCEED
CONTRACT CHANGE ORDER
GENERAL CONDITIONS
SUPPLEMENTAL CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION
TITLE
PAGE NUMBER
T-l
T-2
T-3
T-4
T-5
T-6
T-7
Site Work
Excavation, Filling and Backfilling
Concrete
Force Main
Valves and Gates
Bore and Jack Crossing
Grassing
T1-1 thru Tl-5
T2-1 thru T2-G
T3-1 thru T3-3
T4-1 thru T4-9
T5-1 thru T5-2 .
T6-1 thru T6-2
T7-1 thru T7-4
DRAWING NO.
TITLE
COVER LIST OF DRAWINGS AND COVER SHEET
I. STA 0+00 TO STA 9+00
2. STA 9+00 TO STA 19+00
3. STA 19+00 TO STA 29+00
4. STA 29+00 TO STA 38+50
5. STA 38+50 TO STA 48+00
6. STA 48+00 TO STA 58+00
7. STA 58+00 TO STA 67+50
8. STA 67+50 TO STA 76+00
9. STA 76+00 TO STA 85+00
10. STA 85+00 TO STA 95+00
II. STA 95+00 TO STA 104+00
12. STA 104+00 TO STA 114+00
13. STA 114+00 TO STA 121+00
14. STA 121+00 TO STA 123+75.7
15. MISCELLANEOUS DETAILS
16. STANDARD DETAILS FOR POLYETHYLENE PIPE
17. STANDARD DETAILS FOR DUCTILE IRON & POLYVINYL
CHLORIDE PIPE
18. SPECIAL STRUCTURES
'---
'ZEL, ENGINEERS
9B03-02 mo.doc
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SECTION ITB
INVITATION TO BID
SEALED BIDS for the Mid City Relief Project Force Main adjacent to Chafee Park
for the Augusta Utilities Department.
Bid Item 00-006:
AUGUSTA-RICHMOND COUNTY
MID CITY RELIEF PROJECT
FORCE MAIN
AUGUSTA-RICHMOND COUNTY
hereinafter referred to as the OWNER at the offices of:
Ms. Geri A. Sams
Purchasing Department
Room 605 Municipal Building
Greene Street
Augusta, Georgia 30911
until 11:00 AM on the 29 day of February, 2000 at which time all bids will be
publicly opened and read in the presence of those interested.
The CONTRACT DOCUMENTS may be examined during regular business hours at the
office of the Augusta-Richmond Purchasing Department, Zimmerman, Evans and
Leopold, Inc., Consulting Engineers; at the Augusta Builders Exchange, F. W.
Dodge Plan Rooms, Augusta and Atlanta, or at Construction Market Data, Atlanta.
Copies of the CONTRACT DOCUMENTS may be obtained at the office of Zimmerman,
Evans and Leopold, Inc., 435 Telfair Street, Augusta, Georgia 30901, upon
payment of $100.00 for each set non-refundable.
A 10% bid bond is required; a 100% performance bond and 100% payment bond will
be required.
The OWNER reserves the right to waive any informalities and to reject any or
all bids.
Ms. Geri A. Sams
Purchasing Director
Date
Augusta Chronicle - Jan. 31, Feb. 8, 16, 21 2000
Augusta Focus - Feb. 3
'ZEL, ENGINEERS
9803-02 ITB.doc
ITB
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SECTION IB
INSTRUCTION TO BIDDERS
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IB-Ol GENERAL
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All proposals must be presented in a sealed envelope, addressed
to the Owner. The proposal must be filed with the Owner on or before the time
stated in the invitation for bids. Mailed proposals will.be treated in every
respect as. though filed in person and will be subject to the same
requirements.
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Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the
discretion of the bidder, but no proposal may be withdrawn for a period of
sixty (60) days after bids have been opened, pending the execution of contract
with the successful bidder.
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IB-02 EXAMINATION OF WORK
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Each bidder shall, by careful examination, satisfy himself as to
the nature and location of the work, the conformation of the ground, the
character, quality and quantity of the facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all
other matters which can in any way affect the work or the cost thereof under
the contract. No oral agreement or conversation with any officer, agent, or
employee of the Owner, either before or after the execution of the contract,
shall affect or modify any of the terms or obligations therein.
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IB-03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other
pre-bid documents will be made to any bidder orally.
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Every request for such interpretation should be in writing
addressed to the Director of project PROFESSIONAL, and to be given
consideration must be received at least five days prior to the date fixed for
the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications
which, if issued, will be sent by certified mail with return receipt requested
to all prospective bidders (at the respective addresses furnished for such
purposes), not later than three days prior to the date fixed for the opening
of bids. Failure of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid as submitted.
All addenda so issued shall become part of the Contract Documents.
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IB-04 PREPARATION OF BIDS
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Bids shall be submitted on the forms provided and must be signed
by the bidder or his authorized representative. Any corrections to entries
made on bid forms should be initialed by the person signing the bid.
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Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special
specifications allow for partial bids. Failure to quote on all items may
disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate.
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Alternative bids will not be considered unless specifically called
for.
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9803-02 IB. doc
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Telegraphic bids will not be considered. Modifications to bids
already submitted will be allowed if submitted by telegraph prior to the time
fixed in the Invitation for Bids. Modifications shall be submitted as such,
and shall not reveal the total amount of either the original or revised bids.
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Bids by wholly owned proprietorships or partnerships will be
signed by all owners. Bids of corporations will be signed by an officer of
the firm and his signature attested by the secretary thereof who will affix
the corporate seal to the proposal.
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A Bid Bond of 10% payable to the owner is required in all cases and shall
accompany the Bid. A certified check may be used in lieu of a Bid Bond. The
Bid Bond of the successful Bidder will be retained until the Performance and
Payment Bond have been executed and approved, after which it will be returned.
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1B-05 BASIS OF AWARD
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The bids will be compared on the basis of Bid prices, which will
include and cover the furnishing of all material and the performance of all
labor requisite of proper, and completing of all the work called for under the
accompanying contract, and in the manner set forth and described in the
specifications. The project will be awarded to the low, responsive and
responsible bidder.
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1B-06 BIDDER'S QUALIFICATIONS
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No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that
covered by the contract and has sufficient assets to meet all obligations to
be incurred in carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT,
giving reliable information as to working capital available, plant equipment,
and his experience and general qualifications. The Owner may make such
investigations as are deemed necessary to determine the ability of the bidder
to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The Owner reserves
the right to reject any bid if the evidence submitted by the bidder or
investigation of him fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the contract and to complete the
work contemplated therein. Part of the evidence required above shall consist
of a list of the names and addresses of not less than five (5) firms or
corporations for which the bidder has done similar work.
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IB-07 PERFORMANCE BOND
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At the time.of entering into the contract, the Contractor shall
give bond to the Owner for the use of the Owner and all persons doing work or
furnishing skill, tools, machinery or materials under or for the purpose of
such contract, conditional for the payment as they become due, of all just
claims. for such work, tools, machinery, skill and terms, for saving the Owner
harmless from all cost and charges that may accrue on account of the doing of
the work specified, and for compliance with the laws pertaining thereto. Said
bond shall be for the amount of the contract satisfactory to the Owner and
authorized by law to do business in the State of Georgia.
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Attorneys-in-fact who sign bonds must file with each copy thereof
a certified and effectively dated copy of the power of attorney.
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9803-02 15. doc
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IB-08 REJECTION OF BIDS
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These proposals are asked for in good faith, and awards will be
made as soon as practicable, provided satisfactory bids are received. The
right is reserved, however to waive any informalities in bidding, to reject
any and all proposals, or to accept a bid other than the lowest submitted if
such action is deemed to be in the best interest of the Owner.
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IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
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It is the intent of the Augusta-Richmond County Commission to
increase the involvement of qualified minority and economically disadvantaged
businesses in the contracted work of County Government.
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In an effort to support this intention, this project is offered to
all qualified firms. The bids will be evaluated based on qualifications,
price and construction time. With all other items being considered equal, the
contract, if awarded will be awarded to a minority and economically
disadvantaged firm or a firm that has included such firms as subcontractors on
this project.
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The bidders shall include with their bid a statement of
qualification for themselves and/or any qualified subcontractors explaining
why they should be considered a minority or economically disadvantaged firm.
If the firm does not fall into this category, no information is necessary.
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IB-IO ENGINEER
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The Engineer for the Project is Zimmerman, Evans and Leopold, Inc. (ZEL
Engineers), 435 Telfair Street, Augusta, GA 30901.
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9803-02 IB.doc
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SECTION BID
PROPOSAL OF mOlDL.L" ConStfl,,(c:ho/\ CD. -:GiC-. (hereinafter)
called "BIDDER", organized and existing under the laws of the state of
G, U) '3 \ ~ , doing business as 0.. to ,.. pO ro......\-j 0 n
TO: Augusta-Richmond County
Purchasing Department
605 Municipal Building
Augusta, Georgia 30911 (hereinafter called "OWNER").
*
SUBJECT: AUGUSTA-RICHMOND COUNTY
MID CITY RELIEF PROJECT
FORCE MAIN
Gentlemen:
The BIDDER, in compliance with your Invitation for Bids for the construction of
the subject project, having examined the plans and specifications with related
documents and the site of the proposed work, and being familiar with all of the
conditions surrounding the construction of the proposed project including the
availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies, and to construct the project in accordance with the
Contract Documents, within the time set forth therein, and at the prices stated
below.
These prices are to cover all expenses incurred in performing the work required
under the Contract Documents, of which this proposal is a part.
BIDDER hereby agrees to commence work under this Contract on or before a date
to be specified in written NOTICE TO PROCEED of the OWNER and to fully
complete the PROJECT within 180 consecutive calendar days thereafter subject to
Supplementary Conditions SC 25 as stipulated in the specifications. BIDDER
further agrees to pay as liquidated damages, the sum of $500.00 for each
consecutive calendar day thereafter as hereinafter provided in Article 15 of
the General Conditions, Article II of the Agreement, subject to a $1,000 per
day penalty per Supplementary .Condition SC-25 (INSTALLATION OF OWNER SUPPLIED
PIPE) .
BIDDER acknowledges receipt of the following ADDENDUM (A) :
t M \J I'SO ~ :tt:- I
BIDDER agrees to perform all the work included and described in the Base Bid of
~ the CONTRACT DOCUMENTS for the total sum of: .
AI Qr\e (y\\L.L..\Of\ SIGHT \-\t,v....ne..E1) ~\~)\'1 ONf:. IhOlASQ.Ad .-rt.uD 'nUfldY'Ld
s;"'.:\-u.r"\ ck\\o..vs -r 163/10{} . - Dollars ($18qll.;tI~.33 )
~\ ~~
Subject to reductions or additions resulting from measured quantities or unit
price items, all in accordance w{th the following schedule of payment herein:
*Insert
"a corporation", "a
fY\~ \ \ I'on 5e.Je/'I
+LR " 00 -
partnership" ,
~w f"\\
or "an individual", as applicable.
""'I'"\e.. ~D~Cu\.d to l,Lr' do I \a.v s
DD\ \c-v'~ ($ \1 lq~ I DO~, 4G, J
C-) 0 I\J It
O-()d
9803-02 BID. doc
B-1
DJ
NO ~ID
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SECTION BID
The BIDDER agrees that this Bid shall be good and may not be withdrawn for a
period of 60 calendar days after the scheduled closing time for receiving Bids.
Upon receipt of written Notice of Acceptance of this Bid, BIDDER will execute
the formal Contract attached within 10 days and deliver a Surety Bond or Bonds
as required by Article 0 the Ge r~l_ConditAan~. The bid security attached
in the sum of -ro bid- Dollars
($ ) is to become the property of the OWNER in the event the
Contract and Bond are not executed within the time above set forth as
liquidated damages for the delay and additional expense to the OWNER caused
thereby.
By
Firm Name Mo..blt-S Ccn,::>-\-vuc.::ho~ CD.
Address q ILP MD\ \ LA PondQd.
A~to.. I GC\ \30<40 I.
-
~c..
(SEAL - if Bid is by
a corporation)
9803-02 8ID. doc
B-2
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POWER OF ATIORNEY AND CERTIFICATE OF AUTHORITY OF ATfO,RNEY(S)-IN-FACT
""~
KNOW ALL lV~N BY THESE PRESENTS;
That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois,
with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia,
does hereby nominate, constitute and appoint, for the purpose stated herein, Cameron M. Harris of Columbia, Inc., Columbia,
South Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attomey(s)-in-fact, with
full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States
where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship
or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program
. developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in
pursuance of these presents shall be as binding upon said Markel Insurance Company to all inten~and purposes as if duly
executed by its Chainnan, Vice Chainnan, President and Chief Operating Officer, Executive Vice President, any Vice President,
sealed with its corporate seal, and attested by its Secretary or Assistant Secretary. .
This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or fac~imi1e signatures and only if
l.buai,ie~.a of.the Car"tinn.li ~~. Ib.js PDWU Df Attorney and CertifWW: of Authori.t;y .is.IJlaJU aJlli! execllteli!
by authority of a resolutIon adopted by the Board cifDirectors, cifwhiCh the.f6nowmgis a true mid exact copy.
"RESOLVED:
That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chainnan, Vice Chainnan, President and Chief
Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary
are hereby authorized and empowered as the Corporation's attorney-in-fact, to make and execute on behalf of
the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds,
recogmzances, undertakings, contracts of suretyship or other written obligations required pursuant to the
payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and
are 1urther authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power
and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois
and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings,
contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of
the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute
such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of
reinsurance or salvage.
IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and
the Corporate Seal to be hereunto affixed this 28th day of October 1999. .
MARKEL INSURANCE COMPANY
By 'Dr UJ.~
Garry W. Black, Vice President
.
COUNTY OF HENRICO )
COMMONWEALTH OF VIRGINIA )
The foregoing instrument was acknowledged before me this 28th day of October
Garry W. Black. Vice President. Markel Insurance Company
1999 by
/<~~;~f~ct~t.(.
\ ,:C .:;~F.:.i):.1:
,..,...~i.,:,,~;..',.. -i"~
.~~.-~if~i~~~?(:..., ~
~~(!. ~
Cynthia C. Vayo, Notary Public
My Commission Expires: June 30, 2000.
CERTIFICATE
I, the undersigned, AssistantSecretary of MARKEL INSURANCE COMPANY, a stock corporation of the State oflllinois,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force
and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Horne Office of the Company, in the City of Evanston, State of Illinois, Dated this 7th day of
March 2000
. .
~~ \d. ~
By: Myra I. Hey, Assistant Secretary
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SCHEDULE OF PAYMENT ITEMS Prefix C List
I
Contract Estimated Description of Work Unit Price (Enter Total Price (Enter
Item No. Quantity Prices - Words Number) Number Total)
1. 935 L. F. Furnish and Install 30" CEL-DIP Force Main
0-8' cut complete. in place. $ ] 0 1.54 $ 94.939.90
2. 3500 L. F. Furnish and Install 30" CEL-DIP Force Main
8'-10' cut complete. in place. $ 103.54 $ 362.390.00
3. 1000 L. F. Install 30" I. D. HDPE Force Main 8'-10'
cut. OWNER SUPPLIED PIPE, complete,
in place. $ 50.14 $ 50.140.00
4. 3246 L. F. Furnish and Install 30" CEL-DIP Force Main
10'-12' cut complete. in place $ 105.54 $ 342.582.84
5. 1900 L. F. Install 30" I. D. HDPE Force Main 10'-12'
cut. OWNER SUPPLIED PIPE. complete,
in place $ 50.14 $ 95.266.00
6. 867 L. F. Furnish and Install 30" CEL-DIP Force Main
12'-14' cut. complete, in place. $ 115.54 $ 100.173.1 8
7. 10 L. F. Furnish and Install 30" CEL-DIP Force Main
]4'-16' cut. complete. in place. $ 120.54 $ 1.205.40
8. 69 L. F. Furnish and ins1aIl 30" CEL-DIP Force Main
16'-18' cut complete. in place. $ 140.54 $ 9.697.26
9. 163 L. F. Furnish and Install 30" CEL-DIP Force Main
] 8'-20' cut, complete, in place. $ 160.54 $ 26.168.02
10. I Lump Sum Eve S1. crossing, complete, in place, bore
and jack 20 L.F. of casing for 30" dia. CEL-
DIP carrier pipe. $ 6.631.13 $ 6.631.13
11. I Lump SUIt Broad S1. erossing, complete, in place,bore
and jack 100 L.F. of easing for 30" dia. CEL
DIP carrier pipe. $ 31.608.6 ] $ 31.608.6 ]
12. ] Lump Sum Fifteenth S1. crossing, complete in place,
bore and jack 85 L.F. of easing for 30" dia
CEL-DIP carrier pipe. $ 26.670.20 $ 26.670.20
13. ] Lump Sum First level canal erossing, complete, in place,
bore and jack 250 L.F. of easing for 30" dia.
CEL-DIP carrier pipe. $ 79.524.81 $ 79.524.81
14. 1 Lump Sum Thirteenth S1. crossing, complete, in place,
bore and jack 80 L.F. of easing for 30" dia
CEL-DIP carrier pipe. $ 25.215.25 $ 25.215.25
15. I Lump Sum Second level canal crossing, complete, in
place, bore and jack 60 L.F. of easing for
30" dia. eEL-DIP carrier pipe. $ 18.825.89 $ 18.825.89
]6. ] Lump Sum Eleventh S1. erossing, complete, in place,
bore and jack 70 L.F. of casing for 30" dia.
CEL-DIP carrier pipe. $ 22.603.73 $ 22.603.73
17. I Lump Sum Ninth S1. crossing, complete, in place, bore
and jack 30 L.F. of easing for 30" dia. CEL-
DIP carrier pipe. $ 12.973.2, $ 12.973.23
]8. ] Lump Sum Furnish and install Structure #], complete, in
place for CEL-DIP pipe $ 40.651.00 $ 40.651.00
]9. ] Lump Sum Furnish and mstall Structure #2, complete, in
Iplace for CEL-DIP pipe $ 4.026.19 $ 4.026.19
20. I Lump Sum Furnish and install Structure #3, complete, in
Iplace for CEL-DIP pipe $ 138.942.40 $ 138.942.40
21. I Lump Sum Furnish and install air release valve # I and
manhole, complete, in place for CEL-DIP
pipe $ 12.789.27 $ ]2.789.27
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Page -2, List C CEDII'
9803 -o2AWiI'"d Bid Prices Tab.xLS
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SCHEDULE OF PAYMENT ITEMS Prefix C List
Contract Estimated Description of Work Unit Price (Enter Total Pricc (Enter
Item No. Quantity Prices - Words Number) Number Total)
22. I Lump Sum Furnish and install air release valve #2 and
manhole, complete, in place for HDPE pipe $ 12.512.62 $ 12.512.62
23. I Lump Sum Furnish and install air release valve #3 and
manhole, complete, in place for HDPE pipe $ 12.5 I 2.62 $ 12.512.62
24. I Lump Sum Furnish and install air release valve #4 and
manhole, complete, in place for CEL.-DIP
pipe $ 12.439.93 $ 12.439.93
25. I Lump Sum Furnish and install air release valve #5 and
manhole, complete, in place for CEL-DIP
pIpe $ 12.540.20 $ 12.540.20
26. I Lump Sum Furnish and install air release valve #6 and
manhole, complete, in place for CEL-DIP
pIpe $ 12.427.71 $ 12.427.71
27. I Lump Sum Furnish and install air releave valve #7 and
manhole, complete, in place for CEL-DIP
pipe $ 12.652. I 0 $ 12.652.10
28. I Lump Sum Furnish and install air release valve #8 and
manhole, complete, in place for CEL-DIP
pipe $ 12.512.62 $ 12.512.62
29. 1241 S. Y. Concrete pavement replacement over trench
complete, in place. $ 30.00 $ 37.230.00
30. 1241 S. Y. Asphalt pavement replacement, over trench,
complete. in place. $ 35.00 $ 43.435.00
31. 7054 C. Y. Furnish and install select refill material,
complete, in place. $ 9.00 $ 63.486.00
32. 10 C. Y. Furnish and install concrete for encasement,
collars, reaction blocking, complete, in place.
$ 250.00 $ 2.500.00
33. I Lump Sum Remove top of existing 12" sewer manhole
at Ninth Sf. and install pennanent cover,
compiete, in place. $ 400.00 $ 400.00
34. 420 L. F. Curb and gutter replacement, complete, in
place. $ 15.00 $ 6.300.00
35. 5 Each Re-connect sanitary sewer services,
complete, in place. $ 479.33 $ 2.396.65
36. 5 Each Re-connect water services, complete, in
place. $ 444.74 $ 2.223.70
37. 9 Each Furnish and install pipe bedding drain to
existing storm sewer, complete, in place.
$ 575.00 $ 5,175.00
38. 273 S. Y. Existing sidewalk replacemen~ complete, in
place. $ 32.00 $ 8.736.00
39. 5000 C.Y. Furnish and install barrow material,
complete, in place.
$ 6.50 $ 32.500.00
40. 5 Each Remove and replace concrete steps after
construction, complete, in place. $ 800.00 $ 4.000.00
TOTALS $ 1. 799,004.46
--
Page -3, List C CEDIP
9803 -02AWlIrd Bid Prices Tab.J(LS
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SECTION BID
DATA TO BE SUBMITTED WITH BID
II A. SUPPLEMENTAL INSTRUCTIONS:
The following instructions supplement the requirements of the Information For
Bidders and provides instructions for completing the schedules which follow.
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1
1. The Bidder shall submit a list of names and addresses of at least three (3)
clients for which the Bidder has constructed similar work of comparable size
and complexity. Reference Paragraph 5 of Page IFB-2, Information For Bidders
and Schedule B.
2. The Bidder shall list in the space provided in Schedule C the maj or
subcontractors to be used for construction of the project. Subcontractors so
listed shall be used for the contract construction unless their replacement is
approved by the Owner.
3. The "Schedule of Equipment Included in Base Bid" which follows as Schedule
D shall be completed to denote the manufacturer of major equipment proposed to
be furnished by the Bidder under the Base Bid. In that schedule, the
manufacturer of the items of major equipment upon which the design is based are
listed as Selection "A" for the sever~l items. Also listed under many of those
items are other manufacturers whose equipment or products are deemed equal in
quality and acceptable to be included in the Base Bid. For those items for
which more than one acceptable manufacturer is listed, the Bidder must indicate
which manufacturer of equipment will be provided under the Lump Sum Base Bid by
striking the inapplicable manufacturers. Failure of the Bidder to strike the
inapplicable manufacturers will be interpreted to mean that Selection "A" will
be furnished.
For comparable named equipment the furnished items shall fulfill the function
and performance of the item specified and shall be of equal quality; any
modifications required by the furnished equipment to the structure, process,
associated equipment, or piping shall be a consideration in the Bid price and
the completed installation of the item by the Contractor shall incur no
additional cost to the Owner.
In that same schedule, the Bidder has the opportunity to offer substitute
equipment for consideration by the Owner and the Engineer. Such substitute
equipment must satisfy the following conditions and the Bidder must state the
deduction or increase of contract amount if that substitute is accepted. The
offering of such substitute equipment shall be optional to the Bidder and the
offering of such substitutions or failure to so offer shall not influence the
determination of the low bidder and the award of the contract. Only the Base
Bid will be considered for the contract award. In the event the Owner, upon the
recommendation of the Engineer, accepts any substitute equipment for
incorporation into the project, the contract amount of the award will be
adjusted accordingly as a Pre-Award Addendum or by a formal change order.
Consideration of substitute equipment by the Owner and the Engineer will be
subject to the following conditions:
a. The substitute equipment shall be of equal quality, function and
performance to the designated Base Bid equipment item.
9803-02 BID. doc
B-S
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SECTION BID
b. When
including
operating
equipment.
requested, the Bidder/Contractor shall submit sufficient data
full descriptive material, specifications, drawings, certified
parameters and efficiencies for the Engineer to evaluate the
c. Such equipment shall be suitable for installation in the space allocated on
the construction plans without maj or modifications. Any such modifications
shall be delineated by appropriate drawings submitted with data for
consideration and any cost associated therewith shall have been included in the
substitute offer.
1.
B. LIST OF PREVIOUS PROJECTS:
2.
3.
4.
5.
9803-02 BID. doc
Project Name:
Client/Owner:
Address:
Completion Date:
Approx. Contract Amount $
Project Name:
Client/Owner: .
Address:
Completion Date:
Approx. Contract Amount $
Project Name:
Client/Owner:
Address:
Completion Date:
Approx. Contract Amount $
Project Name:
Client/Owner:
Address:
Completion Date:
Approx. Contract Amount $
Project Name:
Client/Owner:
Address:
Completion Date:
Approx. Contract Amount $
B-6
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SECTION BID
C. LIST OF MAJOR SUBCONTRACTORS:
1. Bore and Jack:
Address:
2.
Address:
D. SCHEDULE OF EQUIPMENT INCLUDED IN BASE BID:
ADD (+)/ DEDUCT (-)
ITEM DESCRIPTION MANUFACTURER COST FOR SUBSTITUTE
l. PLUG VALVES BASE BID (A) DEZURIK
(B) PRATT
(C) MUELLER
SUBSTITUTE (D) $
2. PINCH VALVES BASE BID (A) RED VALVE
SUBSTITUTE (B) $
3. GATES BASE BID (A) WATERMAN
(B) RODNEY HUNT
(C) HYDRO GATE
SUBSTITUTE (D) $
9803-02 BID. doc
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I Signed and sealed this 29th
I ( ~1I1(ML~
U (Witness)
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A31 0
Bid Bond
.
KNOW ALL MEN BY THESE PRESENTS,
Augusta, Georgia
that we Mabus Cons true t ion Company, Inc.,
(Here insert full name and address or legar title of Contractor)
as Principal, hereinafter called the Principal,and Markel Insur.qnce CQmuanv, Evenston, Illinois
(Here insert tUlI name and address or leQaltitle of Surety)
a corporation duly organized under the laws of the State of Illinois
as Surety, hereinafter called the Surety, are held and firmly bound untoAugusta Richmond County
Commiss ion, Augus ta, GA . (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in .the sum of AN AMOUNT EQUAL TO TEN PERCENT OF THE
PRINCIPAL I S BID - - Dollars ($ 10% OF BID-- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,. firmly
by these presents. .
WHEREAS the Pr'lnc'pal has subml'tted a b'ld for Mid Citv Relief 20" Force Main, Augusta, GA
, I - (Here insert full name and address and descrtption of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the PrinCipal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in. said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect. .
day of
Fe bruary.
2000
C~U,
(Seal)
~j~
(
I HarM Insu~nce C07::':;;; {Seel}
. ~~~~ ~~~~rneY-in-Fact
"This document has been reproduced electronically with the permission of The American Institute of Architects
under license number 97020-1010 to Markel Insurance Company, which expires March 30, 2000. Reproduction of
this document after that date or without project specific information is not permitted. "
AlA DOCUMENT A310oBIDBONDoAJJoljj>oFEBRUARY 1970EDoTHEAMERICAN
lNSTITIJTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1
9/93
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. POWi:ROF.ATTORi"fEY AND CERTIFICATE (w AUTMORITV()4i ATTORN[Y(SW~.4CT
KNOW ALL MEN BY THESE PRESENTS:
That Markel Insurance Company ("Corporation;'), a corporation organized and existing under the laws of the State of Illinois,
with its main office at Shand Morahan Plaza in the City of Evanston. Illinois, and the administrative office at Richmond, Virginia.,
does hereby nominate, constitute and appoint, for the purpose stated herein, Cameron M. Harris of Columbia, Inc., Columbia.,
South Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attomey(s)-in-fact, with
full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States
where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship
or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program
developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in
pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents ai1d purposes as if duly
executed by its Chairman. Vice Chairman. President and Chief Operating Officer, Executive Vice President, any Vice President,
sealed with its corporate seal, and attested by its Secretary or Assistant Secretary.
This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if
the raised seal of the Corporation is affixed hereto. This Power of Attorney and Certificate of Authority is made and executed
. . ..~~.~4} of~-re:mi'aritm~ tlyme.B02IniofDi1~ ofwh.U:h the foUowU1S is a auean<texactCQPY.
"RESOLVED:
That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief
Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary
are hereby authorized and empowered as the Corporation's attorney-in-fact, to make and execute on behalf of
the Corporation. in illinois and States where the Corporation is qualified to act as an admitted insurer, bonds,
recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the
payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and
are funher authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power
and authority to make, execute.and deliver, for and on its behalf as surety, and as its act and deed., in Illinois
and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, :.:.ndertakings,
COIltracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporation; provided funher, that the liability of
the Corporation on any such writing executed under this authority shall not exceed S5,OOO,OOO; also to execute
such instrUments as may be necessary or proper in connection with the settlement of claims or the recovery of
reinsurance or salvage.
IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and
the Corporate Seal to be hereunto affixed this ~ day of October 1999.
MARKEL INSURAN.CE COMP..o\J.'fY
By: ~ iJJ. ~
Garry W. Black, Vice President
COUNTY OF HENRICO )
COMMONWEALTH OF Vffi.GINIA )
The foregoing instrument was acknowledged before me this 28th day of October
Garrv W. Black Vice President. Markel Insurance Comuanv
1999 by
....-.- .
(~)
~(!.t~
Cynthia C. Yayo, Notary Public
MyCom.mission Expires: June 30, 2000.
CERTIFICATE
r. the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State oflllinois,
DO HEREBY CER"'fIFf :hat the foregoing and attached Power of Attome"md Certificate of Authority remains in full fol't:e
and has not been revoked.; and funhermore, that the Standing Resolutions ~i the Board of Direc:cr:. :s set forth in the
Certificate of Authority, dre now in force.
Signed and Sealed at the Home Office of the Company, in the City of Evanston, State of Illinois, Dated this 29th day of
Februarv . 200C_.
~~~ '>d. ~
By: Myra 1. Hey, .Assistant Secretary
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I-1HP-08-2008 0.:1 : lj9
HR(:' PIJPCHHS I t lG
,\Jb8~ L':Q 11
i-'.U::... u::'
INSTRUCTION SHEET
FOR AlA DOCUMENT A310, BID BOND -'-i970 EDITION
A. GENERAL INFORMATION
1. Purpose
. AlA Documenc A3t 0 establishes the maXimum penal amount that may be due the Owner if the Bidder fails to e:tecute the con-
[tact and to provide the required performance and payment bonds, if any. It provides assurance thai. if a bidder.is:offtred a
contract based on its tendered proposal but fails to enter into the contract, then the Owner will be paid the difference in cost to
award the contract to the next. qualified bidder, so long as the difference docs not exceed the maximum penal amount of the
bond. .
2. Related Documents
The A3ID is not incorporated by reference into other AlA documentS. For further reference on bonding procedures, see
Construction Bonds and IJJSurance Guide, 2nd Edilion, by Bernard B. Rothschild. FAIA, published by the AlA. See also ALA
Document ASOI, Recommended Guide for Competitive Bidding Procedures; AlA Document 701. Instructions to Bidders; AlA
Document A77i, InstrUctions to Interiors Bidders; and AlA DocumentG612, Owner.s Instructions Regarding Construction
Contract, Insurance and Bonds. and Bidding Procedures.
3. Use of Non-AlA Documents
AlA DocumenrA310 may be used with any appropriate AlA or non-AIA document. CAUTION SHOm.n BE EXERCISED BEFORE
ITS USE TO VERIFY ITS COMPIlANCE WI11l CURRENT LAWS AND REGULATIONS BY CONSULTING WITH AN ATTORNEY
OR A BOND SPECIALIST.
8. COMPLETING THE A310 FORM
1. Modifications
Users are encouraged to consult with an auorney or a bond specialist before completing the A3lO, particularly concerning the
effect of federal, state, and local laws on the terms of this documenI.
2. Identification of the Parties
The Contractor. the Surety, and the Owner should be identified using their respective full names and addresses or legal titles
under whicl1 the bond is (0 be ~xecuted. The scare in which the Surety is incorporated also should be identified in the space
provided .
3. Bond Amount
The dollar amount of the bond should be provided in both written and numerical. fonn.
4. Project Description
The proposed project should be described in sufficient detail to identify (1) the official name or title of the facility, (2) the loca-
rion of the sire, and (3) the propose building type, size, scope, or usage. .
C. EXECUTION OF THE BOND
The bond must be signed by both the ConrractoT and the Surety. The parries executing (signing) the bond should print their title and
impress their corporate seal. if any. Where appropriate, attach a copy of the resolution or bylaw authorizing the individual to act on
behalf of the firm or entity. As to the Surety, Ibis usually cakes the form of a power of attorney issued by the Surety company to the
bond producer (agent) who signs on its behalf.
1/96
INSTRUCTION SHEET FOR AlA DOCUMENT A310 . 1970 eDITION . AIA(ii) . TilE M.tERICAN
INSTlTlJ.E OF t\RCHITECTS. 1735 NEW YORK AVENUE. S.W.. WASHINGTON. D.C. ~5292
A310-,970
TOTRL P.DS
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SECTION NOA
NOTICE OF AWARD
TO: MABUS CONSTRUCTION COMPANY, INC.
916 MOLLY POND ROAD
AUGUSTA, GA 30901
PROJECT: AUGUSTA UTILITIES DEPARTMENT
MID-CITY RELIEF PROJECT
FORCE MAIN
The OWNER has considered the BID submitted on February 29, 2000 by you for the
above described WORK in response to its Advertisement for Bids dated January
31, 2000 and Information for Bidders.
You are hereby notified that your BID has been accepted in the amount of:
One Million Seven Hundred Ninety-Nine Thousand Four Dollars and 46/100 Dollars
($ 1,799,004.46).
You are required by the Information for Bidders to execute the Agreement and
furnish the required Contractor's Performance Bond and Payment Bond within ten
calendar days from the date of this Notice to you. You are also required to
show proof of insurance coverage as required by the General Conditions. Five
sets are enclosed for execution.
If you fail to execute said Agreement and to furnish said Bonds within ten days
from the date of the Notice, said OWNER will be entitled to consider all your
rights arising out of the OWNER'S acceptance of your BID as abandoned and as a
forfeiture of your Bid Bond. The OWNER will be entitled to such other rights
as may be granted by law.
In the Agreement and Bonds, please note that the date of agreement is to remain
blank on line 1 of the Agreement, in the second paragraph and last line of both
bonds and in the last line of the Power of Attorney. After execution of all
copies, please return all copies to this office for coordinating the execution
by the Owner. Executed copies will then be returned for you and your Surety
along with the Notice to Proceed. Submittal of your Insurance Certificate .at
an early date will permit work on the project to begin when. the Notice to
Proceed is issued. A Pre-construction Conference will be scheduled after
contracts are executed.
Please return an acknowledged. copy of this NOTICE OF AWARD to the OWNER.
Dated this 7th day of March, 2000.
AUGUSTA-RICHMOND COUNTY COMMISSION
AUGUSTA, GEORGIA
ACCEPTANCE:
By
Ti tle
Receipt of the above NOTICE OF
AWARD is hereby acknowledged by
This the
, 2000
day of
By
Ti tle
L---
'ZEL, ENGINEERS
9803-02 NOh. do~
NOA
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SECTION AGR
AGREEMENT
THIS AGREEMENT, made on the 7th day of March, 2000 by and
between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION, party of the first part, hereinafter called the OWNER, and ~
CONSTRUCTION COMPANY, INC., party of the second part, hereinafter called the
CONTRACTOR.
WITNESSETH, that the Contractor and the Owner,
considerations hereinafter named, agree as follows:
for the
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and
all of the equipment and labor necessary, and to perform all of the work
shown on the plans and described in the specifications for the project
entitled:
AUGUSTA - RICHMOND COUNTY
MID CITY RELIEF PROJECT
FORCE MAIN
and in accordanc~ with the requirements and provisions of the Contract
Documents as defined in the General and Special Conditions hereto attached,
which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced
within 10 calendar days after the date of written notice by the Owner to the
Contractor to proceed. All work shall be completed within 180 calendar days
subject to Supplementary Conditions SC 23, with all such extensions of time
as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the
Contractor and the Owner, that the date of beginning, rate of progress and
the time for completion of the work to be done hereunder are ESSENTIAL
CONDITIONS of this contract. Contractor agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of
progress as will ensure full completion thereof within the time specified.
It is expressly understood and agreed by and between the Contractor and the
Owner, that the time for completion of the work describeq herein is a
reasonable time for completion of the same, taking into consideration the
average climatic range and construction conditions prevailing in this
locality.
IF THE CONTRACTOR SHALL NEGLECT, FAI~, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay the
Owner the sum of Five Hundred Dollars ($500.00), not as a penalty, but as
liquidated damages for such breach of contract as hereinafter set forth, for
each and every calendar day that the Contractor shall be in default. after the
time stipulated in the Contract for completing the work. In addition, if the
Contractor fails. to meet the requirement stated in Supplementary Condition
SC-25, then the Contractor hereby agrees, as a part of the consideration for
the awarding this Contract to pay the Owner the sum of One Thousand Dollars
($1,000), as a penalty for each and every calendar day that the Contractor
shall be in default with the requirement of SC-25.
'ZEL, ENGINEERS
9803-02 AGR.doc
AGR-1
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SECTION AGR
AGREEMENT
The said. amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and extreme
difficulty of fixing and ascertaining the actual damages the Owner would, in
such event, sustain, and said amounts shall be retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and
every portion of this Contract and the specifications wherein a definite
portion and certain length of time is fixed for the additional time is
allowed for the completion of any work, the new time limit fixed by extension
shall be the essence of this contract.
ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay
Contract the amount as stated
variations shall be made in
specifications attached hereto.
to the contractor for the performance of the
in the Proposal and Schedule of Items. No
the amount except as set forth in the
(B) Proqress Payment
On no later than the fifth day of every month, the Contractor
sholll submit to the Owner's Engineer an estimate covering the percentage of
the total amount of the Contract which has been completed from the start of
the job up to and including the last working day of the preceding month,
together with such supporting evidence as may be required by the Owner and/or
the Engineer. This estimate shall include only the quantities in place and
at the unit prices as set forth in the Bid Schedule.
On the "City's vendor payment
invoice for payment, the Owner shall after
pay to the Contractor 90% of the amount of
place. The 10% retained percentage may be
completion and acceptance of all work under
run" following approval of the
deducting previous payments made,
the estimate on units accepted in
held by the Owner until the final
the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for
final inspection acceptance~ the Engineer shall within 10 days made such
inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed, he will promptly issue a final certificate, over
his own signature, stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions thereof, and
the entire. balance found to be due the Contractor, including the retained
percentage, shall be paid to the Contractor by the Owner within 15 days after
the date of said final certificate.
(B) Before final payment is due, the Contractor shall submit
evidence satisfactory to the Engineer that all payrolls, material bills, and
other indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
'ZEL, ENGINEERS
9803-02 AGR. doc
AGR-2
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SECTION AGR
AGREEMENT
amounts when adjudicated in cases where such payment has not already been
guaranteed by surety bond.
(C) The making and acceptance of the final payment shall
constitute a waiver of all claims by the Owner, other than those arising from
unsettled liens, from faulty work appearing wi thin 12 months after final
payment, from requirements of the specifications, or from manufacturer's
guarantees. It shall also constitute a waiver of all claims by the
Contractor except those previously made and still unsettled.
(D) If after the work has been substantially completed, full
completion thereof is materially delayed through no fault of the Contractor,
and the Engineer, so certifies, the Owner shall upon certification of the
Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
governing
claims.
Each
final
shall
except
be made
tha tit
under
shall
the terms and
not constitute a
conditions
wai ver of
payment
payment,
IN
WHEREOF, the parties hereto
counterparts, each of which
day first mentioned~
By: \
As its
CONTRACTOR:
have
shall
executed this
be deemed an
(SEAL)
cJ.EST:
.AO~~
retary
~
Address:
.
- ....
'--..
~.,.,
"
,
~ ..
S~ .~ ~~~~ ~
Auqusta, GA 30901
916 Molly Pond Road
",""'"./
.... 4- #'~
~
9803-02 AGR. doc
AGR-3
..:.... .
,0'
-_..~---~"""
'ZEL, ENGINEERS
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SECTION PB
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
that
MABUS CONSTRUCTION COMPANY, INC.
(Name of Contractor)
916 Molly Pond Road, Auqusta, GA 30901
(Address of Contractor)
a ('J)r~ rn+\' tV) , hereinafter called Principal,
( orporation, Partnership or Individual)
and Jaf"\z~1 SV\SlAfGtv'\(..€.J Co~){JQr\Y
(Name of Surety) r (
~ MO(Q~lq"1.C\ f\j(l\V\~-b(\, '1.1
(Address of Suretyf
CnO"J-O I
hereinafter called Surety, are held and firmly bound unto City of Augusta,
Georgia, (by and through its Commission), Municipal Building, Augusta, Georgia
30911, hereinafter called OWNER, in the penal sum of One Million Seven Hundred
Ninety-Nine Thousand Four Dollars and 46/100 Dollars ($ 1,799,004.46) in
laHful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors, and assigns, jointly and severally,
firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the OWNER, dated the ~ day of March, 2000, a
copy of which is hereto attached and made a part hereof for the construction
of:
MID CITY RELIEF PROJECT
FORCE MAIN
NOW, THEREFORE, if the principal shall promptly make payment to all persons,
firms, subcontractors, and corporations furnishing materials for or performing
labor in the prosecution of the work provided for in such contract, and any
authorized extension or modification thereof, including all amounts due for
materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of
such work, and all insurance pr.emiums on said work, and for all labor,
performed in such work whether by subcontractor or otherwise, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terI~s of the contract or to the work to be per.formed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on
this bond, and it does hereby waiv~ notice of any such change, extension of
time, alteration or addition to the terms of the contract or to the work or to
the specifications.
PROVIDED FURTHER, that no final settlement between the Owner. and the
Contractor shall abridge the right qf any beneficiary hereunder, whose claim
may be unsatisfied.
'ZEL. ENGINEERS
9803-02 PB. doc
PB-1
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SECTION PB
PAYMENT BOND
IN WITNESS WHEREOF, this instrument is executed in 5 (number of
copies) counterparts, each one which shall be deemed an original, this the 7th
day of March, 2000. /
ri cipal
illlo Mo I~dre~('d &J
ltiJ.~+Q I GA 2{010 I
ATTEST:
'J'<\OiUo.& ~~
(Surety) Se 9
~~
Witness Surety
$Q..J~o'X \.? iS~
(Address)
--GJ.u.wbi ~ I -5 c./ ~q 'd-O ~
MABUS CONSTRUCTION CO., INC.
Principal
:--
:' - -
----.... .
- , .
Auqusta, GA
-ffi ~ . .1~urs~~~~~Cotnfat\7 .
OJA~~\)WIlif11M1~:;~' . " - ~
Attorney-in-Yact :': _ ~~:;.
....~
-,/ - '" .;
... "-
'~- ~ ::--
. ; .. .'
~. .
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. (- -
::': -( -7
-- -
.'- ::
~B()^ D8~
(Address)
...........",p.::......:,..r.. ~
-:......... ,.....~
.~._.~ ..--':'
...... "\.. ",-",...-..- .......
- I -'...../--
-'&1 lA rY\b { ~ S G ;;2 q /XC ~
I
(SEAL)
COUNTERSIGNED
BY:~Cf...drU~
fWSioENT AGENT
NOTE:
Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
transact business in the State where the project is located.
9803-02 PB. doc
PB-2
'ZEL, ENGINEERS
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SECTION PFB
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
MABUS CONSTRUCTION COMPANY, INC.
(Name of Contractor)
916 Molly Pond Road, Auqusta, GA 30901
(Address of Contractor)
CD
, hereinafter called Principal, and
or Individual)
MG\~L:rV\.s\Ar~Y\(-Ll (Pm fOt\1
(Name of Surety)
.5hOli\.dM.1l rQb.o_f~.J QL.~ .tv~l')s-kf"\ I II.- ~D~d I
(Address of Surety) I
hereinafter called Surety, are held and firmly bound unto the City of Augusta,
Georgia (by and through its Commission), Municipal Building, Augusta, Georgia
30911, hereinafter called Owner, in the penal sum of One Million Seven Hundred
Ninety-Nine Thousand Four Dollars and 46/100 Dollars ($ 1,799,004.46 )in
lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors, and assigns, jointly and severally,
firmly by these presents. .
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the Owner, dated the 7w day of March, 2000, a copy
of which is hereto attached and made a part hereof for the construction of:
MID CITY RELIEF STATION
FORCE MAIN
NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said contract during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety and
during the one year guaranty period, and if he shall satisfy all claims and
demands incurred under such contract and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by reason of
failure to do so, and shall. reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the contract or. to work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on
this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the contract or to the work or to
the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
'ZEL, ENGINEERS
9903-02 PFB. doc
PFB-1
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-'.
SECTION PFB
PERFORMANCE BOND
IN WITNESS WHEREOF, this instrument is executed in 5 (Number) counterparts,
each one which shall be deemed an original, this is the 7th day of March, 2000.
ATTEST:
~
q/(tl (iYt~j, ) pc~~~l
F'ru-Sff-s'b! G X '3OQ 0 I
(Address)
ATTEST: 2 ~ <
~ C"JS\..1 D.. \. J:O'i'-
(Surety) ~c ~~
~~~
P o.Box 3~"
(Address)
--Cnlumb'<4 5G ~9~o~
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MABUS CONSTRUCTION COMPANY, INC.
(Principal)
Pond Road
(Address)
Auqusta, GA 30901
("
Mar-k~1 :rf'\su(a~(,~/ (..omTY1tf\7
Surety I .
By ~~fJ,~w~.. ":~:- ':,
torney-~n-Fact _-:-, ,. -". ,':.-:~::_~>j
p. 0 .1~ X ?J g ~ .. .,':~~'.' '....... ',"\ .,..-
__......."""\"'l
')
(Address)
~I\c. SG -Z-q20 1-
I
COUNTERSIGNED
(SEAL)BY: ~~,~~
R IDENTAGENT
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is
Partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
transact business in the state where the project is located.
,
..
9803-02 PFB. doc
PFB-2
'ZEL. ENGINEERS
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POWER OF,.AryORNEY AND CERTIFICATE OF AUTHORITY OF ATTO,RNE~!S)-IN-FACT
'. .
KNOW ALL MEN BY THESE PRESENTS~
..
That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois,
with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, ana die administrative office at Richmond, Virginia,
does hereby nominate,constitute and appoint, for the purpose stated herein, Cameron M. Harris of Columbia, Inc., Columbia,
South Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attorney(s)-in-fact, with
full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States
where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship
or other written obligations requiredpursuant to the payment, bid, performance,Jicense, permit and miscellaneous bond program
developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in
. pursuance of these presents shall be as binding upon said Markel Insurance Company to all intentsaild purposes as if duly
executed by its Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President,
sealed with its corporate seal, and attested by its Secretary or Assistant Secretary.
This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if
.-,l.be~~af Uu: \~"til'ln.ii.afflW1. ~.:~ p~w~ .of Att..oID:e~.~~Di Au!horitris ~anlliexec~telli.
. by authonty of a resolutIon adopted by the Board ofDtrectors, of whIch the tonowmg IS a true ana exact copy.
.
-
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"RESOL VED:
That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief
Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary
are hereby authorized and empowered. as the Corporation's attorney-in-fact, to make and execute on behalf of
the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds,
recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the
payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and
are further authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power
and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed; in Illinois
and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings,
contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of
the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute
such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of
reinsurance or salvage.
IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and
the Corporate Seal to be hereunto affixed this 28th day of October 1999.
MARKEL INSURANCE COMPANY
By: ~lJ.J. ~
Garry W. Black, Vice President
COUNTY OF HENRICO )
COMMONWEAL TH OF VIRGINIA )
The foregoing instrument was acknowledged before me this 28th day of October
Garry W. Black, Vice President. Markel Insurance Company
1999 by
~f1
~j<;k C. l~
Cynthia C. Vayo, Notary Public
My Commission Expires: June 30, 2000.
CERTIFICA TE
I, the undersigned, A~sistant,Secretary of MARKEL INSURANCE COMPANY, a stock corporation orthe State of Illinois,
DO I:ffiREB;ylCERTIFY tgat the foregoing and attached Power of Attorney and Certificate of Authority remains in full force
and has~ot been revoked' .and furthermore, that the Standing Resolutions of the Board of Directors; as set forth in the
Certitlcat; of;;."itthonty, ~e now in force. . . .
;;.:v- ;;-:--...'...::......
. ....... ,,'\..0 ]- ~
Signed..~.d ~e~ledafthe Home Office of the Company, in the City of Evanston, State of Illinois, Dated this 7th day of
Mar~ch\1' _ , .- 2000
- . - , .
./.
--:., -
'''r..... -;;.....
"t~.,..,
"'-.~.-""\"
~~
\d. .%
By: Myra 1. Hey, Assistant Secretary
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SECTION NTP
NOTICE TO PROCEED
Date
TO:
MABUS CONSTRUCTION COMPANY, INC.
916 MOLLY POND ROAD
AUGUSTA, GA 30901
PROJECT:
AUGUSTA-RICHMOND COUNTY
MID CITY RELIEF PROJECT
FORCE MAIN
The Contract for the above work is being signed today by the City of
Augusta, Georgia. Two signed copies will be mailed to you promptly.
You are hereby notified that the commencement date of work in accordance
with the Agreement dated March 7, 2000 is
and
are
to
you
complete the WORK within 180 consecutive calendar days thereafter. The date of
completion of all WORK is therefore
The date for compliance
with Supplementary Condition SC-25 (INSTALLATION OF OWNER SUPPLIED PIPE;
PENALTY FOR FAILURE).
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
By
Ti tle
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by
this the _____ day of
By
Title
'ZEL, ENGINEERS
9803-02 llTP. doc
NTP-l
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SECTION CO
CHANGE ORDER
Order No:
Date
Agreement Date
March 7, 2000
PROJECT:
MID CITY RELIEF PROJECT
FORCE MAIN
OWNER:
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
CONTRACTOR:
MABUS CONSTRUCTION COMPANY, INC.
II The following changes are hereby made to the CONTRACT DOCUMENTS:
JUSTIFICATION:
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CHANGE TO CONTRACT PRICE:
Original CONTRACT PRICE
$
Current CONTRACT PRICE adjusted
by previous CHANGE ORDERS
$
The CONTRACT PRICE due to this
CHANGE ORDER will be (increased)
(decreased) by:
$
New CONTRACT PRICE including this CHANGE ORDER $
CHANGE TO CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by
calendar days.
The date for completion of all work will be
(Date) .
Requested by
Recommended by
Ordered by
Accepted by
'ZEL. ENGINEERS
9803-02 co. doc
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SC - 1
SC'- 2
SC - 3
SC - 4
SC - 5
SC - 6
SC - 7
SC - 8
SC - 9
SC - 10
SC - 11
SC - 12
SC - 13
SC - 14
SC - 15
SC - 16
SC - 17
SC - 18
SC - 19
SC - 20
SC - 21
SC - 22
SC - 23
SC - 24
SC - 25
SECTION SC
SUPPLEMENTARY CONDITIONS
INDEX
CONTRACT DOCUMENTS AND DRAWINGS
ENGINEER FOR THE PROJECT
FIELD OFFICE
BOUNDARIES OF WORK AND STAGING AREAS
EXISTING STRUCTURES AND UTILITIES
NO OVERFLOWS
UTILITIES
TEMPORARY SANITARY FACILITIES
SURVEYS AND PERMITS
DIMENSIONS
SEDIMENT AND EROSION CONTROL
SAFETY AND HEALTH REGULATIONS
SITE CONTAMINATION AND CHEMICALS
STORAGE OF MATERIAL
TRAFFIC SAFETY
CLEANING UP
PRIOR USE BY OWNER--DELETED
RESTORATION OF PROPERTY
DISTURBANCE OF EXISTING SYSTEM OPERATIONS
MANUFACTURER'S DIRECTIONS
INSURANCE LIMITS
SUBSURFACE CONDITIONS
REQUIREMENT FOR AS-BUILT INFORMATION ON DRAWINGS
OWNER FURNISHED EQUIPMENT
BENEFICIAL USE OF PARTIAL SYSTEM; PENALTY FOR FAILURE
9803-01 SC. doc
SC-1
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 1
CONTRACT DOCUMENTS AND DRAWINGS:
The Contract Documents which form a part of this contract include Advertisement
for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement,
Payment Bond, Performance Bond, Notice to Proceed, Change Order, General
Conditions, Special Conditions, Technical Specifications, Drawings and Addenda.
Specifications: The specifications consist of a written description of a general
and technical nature of materials, equipment, construction systems, standards
and workmanship, and include General Conditions, Supplemental General Conditions,
Special Conditions and Technical Specifications indexed at the front of this
bound volume of Contract Documents.
Drawinqs: The Engineer will furnish to the Contractor, free of charge, all
copies of the drawings and specifications reasonably necessary for the execution
of the work. Location of all features of the work included in the contract are
indicated on the contract drawings. The following drawings, dated January 1999,
comprise the plans for this contract.
DRAWING NO.
TITLE
COVER LIST OF DRAWINGS AND COVER SHEET
I. STA 0+00 TO STA 9+00
2. STA 9+00 TO STA 19+00
3. STA 19+00 TO STA 29+00
4. STA 29+00 TO STA 38+50
5. STA 38+50 TO STA 48+00
6. STA 48+00 TO STA 58+00
7. STA 58+00 TO STA 67+50
8. STA 67+50 TO STA 76+00
9. STA 76+00 TO STA 85+00
10. STA 85+00 TO STA 95+00
1I. STA 95+00 TO STA 104+00
12. STA 104+00 TO STA 114+00
13. STA 114+00 TO STA 121+00
14 . STA 121+00 TO STA 123+75.7
15. MISCELLANEOUS DETAILS
16. STANDARD DETAILS FOR POLYETHYLENE PIPE
17. STANDARD DETAILS FOR DUCTILE IRON & POLYVINYL.
CHLORIDE PIPE
18. SPECIAL STRUCTURES
SC - 2
ENGINEER FOR THE PROJECT:
The ENGINEER for this project, referenced in the General Conditions as the
PROFESSIONAL, is Zimmerman, Evans and Leopold, Inc., 435 Telfair Street, Augusta,
GA 30901. The Owner's representative on the site will be the Resident Project
Representative (RPR).
'ZEL, ENGINEERS
9803-02 SC.doc
SC-2
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SECTION SC
SUPPLEMENTARY CONDITIONS
The RPR will:
. Provide engineering liaison with the contractor working principally
through the Contractor's superintendent to assist in understanding
the intent of the contract documents.
. Provide assistance to the contractor with obtaining additional
details and information.
. Coordinate with on site personnel who are operating the owner's
facilities.
. Verify tests, equipment and systems startup.
. Provide the initial review of the contractor's payment requests
. Make recommendations for the ENGINEER's review.
The RPR will not:
. Authorize deviations from the Contract Documents or substitution of
materials or equipment, unless authorized by the ENGINEER.
. Exceed the limitations of ENGINEER's authority.
. Undertake any of the responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR's superintendent.
. Advise on, issue directions relative to, or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically
required by the Contract Documents.
. Advise on, issue directions regarding, or assume control over safety
precautions and programs in connection with the Work.
. Accept Shop Drawings or sample submittals from anyone other than the
CONTRACTOR.
. Authorize the OWNER to occupy the Project in whole or in part.
SC - 3
FIELD OFFICE:
The Contractor shall maintain a field office on the site of the work which
contains a telephone, the contract documents, and the contractor's records. In
addition, another office shall be equipped with a telephone, file cabinet for
project records, a table for reference of construction plans, storage space for
proj ect plans and specifications and other furnishings as required for the
exclusive use of the Owner's project representative who will be assigned to this
project.
SC - 4
BOUNDARIES OF WORK AND STAGING AREAS: .
The Contractor shall not enter on or occupy with men, tools, equipment, or
materiaLs, any ground outside the limits of Owner's property or construction
easements without written consent of the Owner of such property. Other areas on
site and proximate to the work may be utilized through coordination with the
Resident Project Representative and the approval of the Engineer.
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9803-02 SC.doc
SC-3
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 5
EXISTING STRUCTURES AND UTILITIES:
It is mandatory that the Contractor locate all previously placed underground
installations and construction prior to his engaging in any work in areas where
such improvements may exist. The Contract drawings indicate general locations of
such existing improvements solely for the purpose of initial and general
representation thereof. The Owner and Engineer have not verified locations of
these improvements as. a basis for locations displayed on the drawings. All
utilities and improvements must be located and flagged by the Contractor prior to
commencing work. Flags must be maintained and based upon actual field
determinations. The Owner's project inspector must be notified before any work
begins in the vicinity of existing underground improvements.
The Contractor shall be held responsible for any damage and for maintenance and
protection of existing construction and utilities. All damaged construction,
utilities or improvements shall be restored to the original or better condition
in which they were discovered.
SC - 6
NO OVERFLOWS:
During the performance of his work, the Contractor shall not cause any raw nor
partially treated. sewage to be discharged to any ditches, channels, land or other
point. The work can be performed without the need for any unauthorized
discharge. One possible sequence of construction is provided in these
supplementary conditions to demonstrate the project can be constructed without
by-passes or discharges. Should the Contractor cause such a discharge that
results in fines or other penalties assessed against the Owner by a regulatory
. agency, the Contractor agrees to reimburse the Owner the costs or have the Owner
retain the costs from the payments due the Contractor for the performance of the
work.
SC - 7
UTILITIES:
The Contractor shall provide for temporary utilities for construction operations.
Potable water is available from hydrants. The Contractor shall make provisions
for telephone service with the phone company. Limi ted electric power for
construction operations is available at the existing buildings on site. Any
additional power requirements shall be provided by the Contractor by arrangement
with Georgia Power Company. The Contractor shall make suitable arrangements to
provide fuel for temporary heating and/or other construction operations as
necessa~"y .
SC - 8 TEMPORARY SANITARY FACILITIES:
Upon commencing work, the Contractor shall provide temporary. screened and
shielded sanitary privies in a manner meeting the approval of the Engineer.
Facilities shall be maintained in a sanitary condition by the Contractor and in
compliance with the requirements of authorities having jurisdiction. All
temporary facilities shall be removed by the Contractor and the area returned to
its original condition prior to acceptance of the completed project.
SC - 9
SURVEYS AND PERMITS:
The Contractor shall make his own surveys and establish his own working lines and
grades from the basic.reference lines established by the Engineer.
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9803-02 SC.doc
SC-4
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SECTION SC
SUPPLEMENTARY CONDITIONS
The CONTRACTOR shall carefully preserve bench marks, reference points and stakes
and, in case of willful or careless destruction, he shall be charged with the
resulting expense and shall be responsible for any mistakes that may be caused by
their unnecessary loss or disturbance.
Permits and licenses of a temporary nature necessary for the prosecution of the
WORK shall be secured and paid for by the CONTRACTOR~ The CONTRACTOR shall give
all notices and comply with all laws, ordinances, rules and regulations bearing
on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes
that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify
the ENGINEER in writing, and any necessary changes shall be adjusted as provided
in Article 10, CHANGES IN THE WORK.
SC - 10
DIMENSIONS:
Dimensions shown in figures or which can be determined by computation from other
figures shown, shall take precedence over dimensions scaled from the drawings.
When the work of the Contractor is affected by finished dimensions, these shall
be determined by the Contractor at the site and he shall assume the
responsibility therefor.
SC - 11
EROSION AND SEDIMENT CONTROL:
The Contractor will be required to schedule his work and perform operations in
such a manner that siltation and bank erosion will be minimized during all phases
of construction. Any areas disturbed during the course of construction shall be
restored to a condition equal or better than the original condition. Grassing of
disturbed areas shall be the minimum acceptable restoration. Sil t control
devices such as straw bale fences and/or silt fence weight filter fabric shall be
installed to limit migration of silt to the water courses. Erosion Control
devices such as mats, grass, mulch, and crushed stone shall be installed to
protect adjoining areas from soil contamination. Compliance with the guidelines
of the Manual for Erosion and Sedimentation Control in Georqia, pursuant to the
Erosion and Sedimentation Act of 1975, shall apply as though fully set forth
herein.
The Contractor shall provide a construction schedule of land disturbing work and
shall include a plan of the temporary measures to be in place during
construction. An employee of the prime Contractor shall be designated as the
work site Erosion and Sediment Control Supervisor who is to be responsible for
timely installation of erosion and sediment control measures and who shall
provide early detection and correction of erosion, sediment, and flooding
problems and who shall have full (24 hr.) access to the personnel, equipment,
materials, means and measures to ensure correction of routine and or special
deficiencies.
Permanent erosion control measures. for this site include moderate slopes,
pavement, and permanent grassing. The Contractor shall strive to expedite
completion of the permanent measures and shall keep the temporary measures in
place until a satisfactory grass cover is established.
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9803-02 SC.doc
SC-5
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 12 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 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety
Standards Act (PL91-54).
SC - 13
SITE CONTAMINATION AND CHEMICALS:
The CONTRACTOR shall prevent the construction site from being contaminated with
any substance in quantities or under circumstances prohibited by environmental
protection laws of the United States or the State of Georgia. The CONTRACTOR
shall be responsible to the OWNER if, at any time, state or federal authorities
make a claim or demand against the OWNER on account of contamination of the site
caused or allowed by the CONTRACTOR or any of its forces or subcontractors.
All chemicals used during project construction or furnished for project
operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of
other classi.fication, must be registered for the purpose specified with USDA.
Use of all such chemicals and disposal of residues shall be in strict conformance
with instructions.
SC - 14
STORAGE OF MATERIALS:
Materials shall be so stored as to insure the preservation of their quality and
fitness for the work. When considered necessary, they shall be placed on wooden
platforms or other hard, clean, surfaces, and/or placed under cover. Stores of
materials shall be so located as.to facilitate prompt inspection.
SC - 15 TRAFFIC SAFETY:.
The Contractor will be held responsible for any damages caused by negligence on
his part, or by the improper placing of or failure to display danger signs and
roa.d lanterns; all traffic lanes will be kept open and clear at all times and no
excavated material or equipment will .be placed on pavement during construction
except on Fenwick Street and King Street.
SC - 16 CLEANING UP:
The Contractor shall keep the premises free .from the accumulation of waste
material and rubbish, and upon completion of the work, prior to final acceptance
of the completed proj ect by the Owner, he shall remove from the premises all
rubbish, surplus materials, implements, tools, etc., and leave his work in a
clean condition, satisfactory to the Engineer. On a daily basis, the work area
shall be cleaned sufficiently to produce a neat appearance.
SC - 17
SUBSTITUTION OF MATERIALS:
Notwithstanding any provision of the general conditions, there shall be no
substitution of materials that are not determined to be equivalent to those
indicated or required in the contract documents without an amendment to the
contract.
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9803-02 SC. doc
SC-6 - As Revised by Addenda #1 & #2
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 18
RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced by the operations or
acts of any of his agents or employees. Such restoration shall include seeding,
sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair
or replacement of streets, driveways, walks, fences, or other facilities in such
a manner as to meet the approval of the Engineer. No structures, fences or trees
shall be removed without the consent of the property owner or until condemnation
procedure, if necessary, has been completed.
Restoration of property shall commence immediately upon substantial completion of
the proposed work in the various areas of the construction site.
SC - 19
DISTURBANCE OF EXISTING SYSTEM OPERATION:
a. General: Operation of the existing sewer system with a m~n~mum of
interruption from the construction operations is VITAL. The Contractor shall
carefully plan his work to least interfere with operation of existing facilities.
The Owner and Engineer shall be contacted by the Contractor so that interruptions
or disturbance of the existing system may be scheduled and coordinated not less
than 36 hours in advance of the work.
SC - 20 MANUFACTURER'S DIRECTIONS:
Manufactured articles, materials and equipment
connected, erected, used, cleaned and conditioned
unless herein specified to the contrary.
shall be applied, installed,
as directed by the manufacturer
SC - 21 INSURANCE LIMITS:
The CONTRACTOR shall purchase and maintain such insurance as will protect him
from claims set forth in Article 5 of the General Conditions which may arise out
of or result from the CONTRACTOR's execution of the WORK, whether such execution
be by himself or by any SUBCONTRACTOR or by anyone for whose acts any of them may
be liable:
The CONTRACTOR shall procure and maintain, at his own expense, during the
CONTRACT TIME, liability insurance as hereinafter specified; CONTRACTOR's General
Public Liability and Property Damaqe Insurance including vehicle coverage issued
to the CONTRACTOR and protecting him from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising
out of or in connection with any operations under the CONTRACT DOCUMENTS, whether
such operations be by himself or by any SUBCONTRACTOR under him, or anyone
directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under
him. Insurance shall be written with a limit of liability of not less than
$500,000 for all damages arising out of bodily injury, including death, at any
time resulting therefrom, sustained by anyone person in anyone accident; and a
limit of liability of not less than $500,000 aggregate for any such damages
sustained by two or more persons in anyone accident. Insurance shall be written
with a limit of liability of not less than $200,000 for all property damage
sustained by anyone person in anyone accident; and a limit of liability of not
less than $200,000 aggregate for any such damage sustained by two or more persons
in anyone accident.
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9803-02 SC.doc
SC-7
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SECTION SC
SUPPLEMENTARY CONDITIONS
The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended
Coveraqe insurance upon the PROJECT to the full insurable value thereof. This
provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from
obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT.
The CONTRACTOR shall procure and maintain, at his own expense, during the
CON,]~RACT TIME, in accordance with the provisions of the law of the state in which
the work is performed: Workmen's Compensation Insurance, including occupational
disease provisions, for all of his employees at the site of the PROJECT and in
case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR
similarly to provide Workmen's Compensation Insurance, including occupational
disease provisions for all the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. In case any class of
employees engaged in hazardous work under this contract at the site of the
PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR
shall provide and shall cause each SUBCONTRACTOR to provide, adequate and
suitable insurance for the protection of his employees not otherwise protected.
The CONTRACTOR shall secure, "Ali Risk" type Builder's Risk Insurance for WORK to
be performed and all materials to be used in the construction including the full
replacement value of all the Owner furnished equipment. Unless specifically
authorized by the OWNER, the amount of such insurance shall not be less than the
CONTRACT PRICE totaled in the BID plus the replacement value of the Owner
furnished equipment. The policy shall cover not less than the losses due to
fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse,
riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is
accepted by the OWNER.
SC - 22
SUBSURFACE CONDITIONS:
The following logs of borings by an independent testing laboratory at the site
are presented for information only at the end of this section. Nei ther the
Engineer nor the Owner assumes any responsibility for the accuracy of this
information. The borings are located and identified on the Drawings of the
Contract Drawings. .
SC - 23 REQUIREMENT FOR AS-BUILT INFORMATION ON THE DRAWINGS:
Providing as-built information is an integral part of the construction and
pipeline construction completed without the as-built .information will be
considered incomplete. The Engineer has listed the design coordinates for the
location of the force main. The horizontal layout table also includes a table
for as-built location. The Contractor shall provide the as-built location data
for each sheet with his periodic payment estimate requests for all sheets that
the installation of the force main is completed failure to provide the as-built
information for work completed. As-built information must be certified by a
land surveyor registered in the state of Georgia.
SC - 24
OWNER FURNISHED PIPE:
This contract includes installation of 2,900. 1. f. of Owner furnished pipe.
Orders for owner furnished pipe were placed substantially in advance of bidding
this contract. It is anticipated that this pipe can be made available before
March 15, 2000.
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9B03-02 SC.doc
SC-8
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SECTION SC
SUPPLEMENTARY CONDITIONS
The Contractor will be given possession of the total length of pipe procured by
the Owner for installation and will exercise the same care and diligence as with
the materials procured by the Contractor for this project. The Contractor will
be given possession at the place of storage near the project site. Upon approval
by the Owner, the Contractor will receive material at Owner's storage and
transport to the job site.
At the time of taking possession of the pipe, the Contractor shall complete a
condition report for each piece of pipe noting any damages, discrepancies, or
unusual conditions and the report will be signed and witnessed by the Resident
Project Representative and Contractor and shall comprise a receipt for said pipe.
From the time of receipt until the pipe is installed and accepted by the Owner,
the Contractor shall be responsible for the pipe in total including damages,
losses, theft, fire, abuse or any other occurrence which renders the equipment
any less than completely new and in prime condition.
The Contractor shall test the force main in accordance with section T4: Testing
on pages T4-7, 8. The Contractor shall test the sections of the force main of
owner supplied pipe separately from the rest of the pipeline. The Contractor may
test the owner supplied pipe section together with the rest of .the force main.
However, the Contractor can not assert the owner supplied pipe is at fault if the
pipeline fails the test, unless the Contractor has tested the owner supplied pipe
section separately. The owner will bear no additional costs due to failure of
pressure tests on the owner supplied pipe.
SC - 25
INSTALLATION OF OWNER SUPPLIED PIPE PENALTY FOR FAILURE:
The Contractor shall perform the construction in such manner as to install the
pipeline between Station 20+00 and 49+00 and complete the bore and jack casing
installation under the Augusta Canal at Station 74+10 to 76+60. the Owner has
procured 3,000 l.f. of pipe and the pipe will be available to the contractor at
the commencement of the contract. The Contractor must procure the casing pipe.
In order to install this section of the project, the Owner will dewater the
Augusta Canal for a period of time not to exceed six weeks. The canal must be
re-watered no later. than April 30, 2000 provided the Owner supplied pipe is
available no later than March 15, 2000. The Owner supplied pipe installation
must be cbmplete within six weeks of the Notice to Proceed. If the Owner supplied
pipe is not available on that date, the six week deadline will be extended by
whatever number of days the Owner supplied pipe is not available to the
Contractor. Failure to meet this deadline results in a penalty assessed against
the Contractor of $1,000 for each day the listed installation is not complete and
the canal cannot be safely re-watered. The Owner will withhold the total of any
penalty due for failure to meet this specific deadline from the monies due the
Contractor.
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9803-02 SC. doc
SC-9 - As Revised by Addendum #1
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1005 EMMETT STREET, SUITE A
AUGUSTA, GEORGIA 30904
(706) 733.6960
FAX (706) 737-0629
-:reS
'RECEIVED JUl 2 8 1999 'TAJ Cf8C,J
TESTING AND ENGINEERING CO., INC.
./
Mid City Sewer Relief Project
Augusta, Georgia
B-1 Sta. 1 +25
B-2 Sta. 11 +00
B-3 Sta.21+00
B-4 Sta. 23+50
B-5 Sta. 26+00
B-6 Sta. 28+50
B-7 Sta. 31 +00
B-8 Sta. 33+00
B-9 Sta. 35+50
B-I0 Sta. 38+00
B-11 Sta.41+75
B-12 . Sta. 49+25
B-13 Sta. 56+50
B-14 Sta. 63+75
B-15 Sta. 69+50
B-16 Sta. 76+25
B-17 Sta.86+00
B-18 Sta.94+25
.
B-19 Sta. 104+25
B-20 Sta. 112+75
B-21 Sta. 23+00
Member of American Society for Testing and Materials
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,RECEIVED JUL 2 B 1999
TESTING AND ENGINEERING CO., INC.
1005 EMMETT STREET. SUITE A
AUGUSTA, GEORGIA 30904
(706) 733-6960
F~(706)737-0629
Report No. B-03399
Date June 25. 1999
CLIENT: Zimmerman, Evans and Leopold
PROJECT: Mid City Sewer Relief Project
LOCATION: Augusta, Georgia
REQUEST: . Sieve Analysis and Clay Content (B-8; 7'-8')
SOIL DESCRIPTION: Light Reddish-Tan Silty Clay
SOIL CLASSIFICATION: CL
Sieve No. Percent Passing
10 100.0%
200 45.0%
Liquid Limit 22.0
Plasticity Index 10.0
Member of American Society for Testing and Materials
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TESTING AND ENGINEERING CO., INC.
1005 EMMETT STREET. SUITE A
AUGUSTA. GEORGIA 30904
(706) 733-6960
FAX (706) 737-0629
Report No. B-03399
Date June 25. 1999
CLIENT: Zimmerman, Evans and Leopold
PROJECT: Mid City Sewer Relief Project
LOCATION: Augusta, Georgia
REQUEST: Sieve Analysis and Clay Content (B-8; 9'-10')
SOIL DESCRIPTION: Tan Clayey Silt
SOIL CLASSIFICATION: CL
Sieve No. Percent Passing
10 100.0%
200 64.0%
Liquid Limit 36.0
Plasticity Index 19.0
Member ot American Society for Testing and Materials
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TESTING AND ENGINEERING CO., INC.
1005 EMMETT STREET. SUITE A
AUGUSTA, GEORGIA 30904
(706) 733-6960
FAX (706) 737-0629
Report No. B-03399
Date June 25. 1999
CLIENT: Zimmerman, Evans and Leopold
PROJECT: Mid City Sewer Relief Project
LOCATION: Augusta, Georgia
REQUEST: Sieve Analysis and Clay Content (B-9; 9'-10')
SOIL DESCRIPTION: Reddish-Brown Clayey Silt
SOIL CLASSIFICATION: CL
Sieve No. Percent Passing
10 100.0%
200 59.0%
Liquid Limit 37.0
Plasticity Index 21.0
Member of American Society for Testing and Materials
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C 5 r a TESTING AND ENGINEERING COMPANY, INC.
1005 EMMETT STREET. SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
PROJECT Mid City Sewer Relief Proiect (Sta. 28+50)
BORING NO. 8-6
LOCATION AUQusta. GeorQia
DATE Mav12. 1999
DEPTH
FEET
VISUAL SOIL DESCRIPTION
PENETRATION
VALUE (N)
UNIFIED PERCENT
CLASS. MOISTUR
Brown and Tan Sandy Clay
Brown Silty Sandy Clay
Brown and Tan Silty Clay
Auger Refusal at 10 feet.
15'
20'
25'
30'
35'
40'
N Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
3'
WATER TABLE
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TESTING AND ENGINEERING CO., INC.
1005 EMMETT STREET. SUITE A
AUGUSTA, GEORGIA 30904
(706) 733-6960
FAX (706) 737 -0629
Report No. B-03399
Date June 25. 1999
CLIENT: Zimmerman, Evans and Leopold
PROJECT: Mid City Sewer Relief Project
LOCATION: Augusta, Georgia
REQUEST: Sieve Analysis and Clay Content (B-7; 9'-10')
SOIL DESCRIPTION: Reddish-Brown Clayey Silt
SOIL CLASSIFICATION: CL
Sieve No. Percent Passing
10 100.0%
200 62.0%
Liquid Limit 39.0
Plasticity Index 22.0
Member of American Society for Testing and Materials
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c s r a TESTING AND ENGINEERING COMPANY, INC.
1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
PROJECT
ILOCATION
Mid City Sewer Relief Proiect (Sta. 1 +25)
BORING NO. B-1
AUQusta. Geof!:Jia
DATE May 11. 1999
VISUAL SOIL DESCRIPTION
PENETRATION
VALUE (N)
UNIFIED PERCENT
CLASS. MOISTUR
Loose, Brownish-Tan Cia e Sand
Loose, Reddish-Tan and Tan Sandy Clay with
Quartz Fra ments
10@2'
5' Stiff, Reddish-Brown and Tan Silty Clay
13@4'
17@7'
Stiff, Reddish-Tan and Brown Clayey Silt
13@9'
Boring Terminated at 10 feet..
IS'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer .
required to drive 2" split-tube sampler one foot after seated.
None WATER TABLE
I
I
I
PROJECT
ULOCA TION
csra
1005 EMMETT STREET, SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 73~6960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 11 +00)
Auqusta, Georqia
VISUAL SOIL DESCRIPTION
Loose, Brown and Tan CIa e Sand
Soft, Brown Sandy Clay
5' Firm, Brown and Gray Slightly Sandy Silt
Firm, Grayish-Tan and Brown Sandy Silt
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
. IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
B-2
DATE
PENETRATION
VALUE (N)
9@2'.
2@4'
12 @ 7'
11 @9'
Mav 11, 1999
UNIFIED PERCENT
CLASS. MOISTUR
-L WATER TABLE
I
I
I
PROJECT
lOCATION
csra
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 21+00)
AUQusta, GeorQia
VISUAL SOIL DESCRIPTION
Loose, Brown CIa e Sand with Brick
Firm, Brown and Gray Sandy Clay
Hard, Brownish-Tan Clayey Silt (weathered shale)
Boring Terminated at 10 feet.
20'
25'
30'
I
I 35'
I
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-3
DATE
PENETRATION
VALUE(N)
10@2'
20 @ 7'
36@9'
Mav 11. 1999
UNIFIED PERCENT
CLASS. MOISTUR
3.5' WATER TABLE
I
I
I
c s r a TESTING AND ENGINEERING COMPANY, INC.
1005 EMMETT STREET, SUfTEA AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
Mid City Sewer Relief Proiect (Sta. 23+50)
PROJECT
ILOCATION
AUQusta. GeorQia
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Cia e Sand
Loose, Brown and Tan Clayey Sand
5'
Stiff, Gray Silty Clay
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO. 8-4
DATE Mav 11. 1999
PENETRATION
VALUE (N)
8@2'
8@4'
15@9'
UNIFIED
CLASS.
6.5' WATER TABLE
I
I
D
PROJECT
lOCATION
c s r a TESTING AND ENGINEERING COMPANY, INC.
1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
Mid City Sewer Relief Proiect (Sta. 26+00)
BORING NO. 8-5
Auqusta. Georqia
DATE Mav 12.1999
VISUAL SOIL DESCRIPTION
PENETRATION
VALUE (N)
UNIFIED PERCENT
CLASS. MOISTUR
Loose, Reddish-Tan Cia e Sand
Loose, Gray Silty Sand
5@2'
Firm, Brown and Tan Clayey Silt
8@4'
Stiff to Very Stiff, Gray and Tan Silty Clay
11@7'
19@9'
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
6'
WATER TABLE
I
I
I
PROJECT
U LOCA TJON
csra
1005 EMMETT STREET. SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 73~960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 31 +00)
Auousta. Georoia
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Clayey Sand
Loose, Brown and Tan Clayey Silt
Gray and Tan Silty Clay
Fiml, Reddish-Brown Silty Clay
Firm, Reddish-Brown Sandy Clayey Silt
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-7
DATE
PENETRATION
VALUE (N)
7@2'
8@4'
6@7'
4@9'
Mav 13. 1999
UNIFIED PERCENT
CLASS. MOISTUR
4' WATER TABLE
I
I
I
PROJECT
B LOCATION
csra
TESTING AND ENGINEERING COMPANY, INC.
AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
Mid City Sewer Relief Proiect (Sta. 33+00)
BORING NO.
8-8
DATE
Mav 12. 1999
AUQusta. GeorQia
VISUAL SOIL DESCRIPTION
PENETRATION.
VALUE (N)
UNIFIED PERCENT
CLASS. MOISTUR
Loose, Reddish-Tan Clayey Sand
8@2'
Firm, Brown and Tan Silty Sandy Clay
6@4'
Very Loose, Gray Silty Sand
2@7'
Loose, Tan Silty Clay
5@9'
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer .
required to drive 2" split-tube sampler one foot after seated.
5' WATER TABLE
I
I
I
PROJECT
I LOCATION
csra
AUGUSTA, GEORGIA 30904
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
Mid City Sewer Relief Proiect (Sta. 35+50)
BORING NO.
0 DEPTH PENETRATION UNIFIED PERCENT
FEET VISUAL SOil DESCRIPTION VALUE (N) CLASS. MOISTUR
I 5@2'
Loose to Very Loose, Reddish-Tan Clayey Sand
I 2@4'
I Stiff, Reddish-Brown Sandy Clay 10@7'
8@9'
I Boring Terminated at 10 feet.
I
15'
I
I 20'
I
I 25'
I 30'
I
I 35'
I
40'
I N Value is number of bIOW~ of 140 pound hammer 7' WATER TABLE
required to drive 2" split-tube sampler one foot after seated.
AUQusta. GeorQia
DATE
8-9
Mav 12. 1999
I
n
csra
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
I
PROJECT
I LOCA TrON
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 38+00)
AUQusta. GeorQia
DEPTH
FEET
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Clayey Sand
5'
Firm to Stiff, Reddish-Brown Sandy Clay
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
!IN Value is number of blows of 140 pound hammer
.equired to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-10
DATE
PENETRATION
VALUE (N)
6@2'
6@4'
18 @ 7'
21 @9'
May 12. 1999
UNIFIED PERCENT
CLASS. MOISTUR
7' WATER TABLE
I
I
I
PROJECT
ILOCA T10N
csra
1005 EMMETT STREET, SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 41 +75)
Auousta. Georoia
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Cia e Sand
5'
Firm, Brown and Tan Clayey Sand
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-11
DATE
PENETRATION
VALUE(N)
18@2'
12@4'
15 @ 7'
14@9'
Mav 12. 1999
UNIFIED PERCENT
CLASS. MOlsTUR
6' WATER TABLE
I
I
I
c s r a TESTING AND ENGINEERING COMPANY, INC.
1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
Mid City Sewer Relief Proiect (Sta. 49+25)
BORING NO. 8-12
PROJECT
ILOCA TION
AUQusta. GeorQia
DATE Mav 12,1999
VISUAL SOIL DESCRIPTION
PENETRATION
VALUE(N)
UNIFIED PERCENT
CLASS. MOISTUR
. Brown Silty Sand
Brown and Tan Silty Sand
Brown Silty Clay
Brown Silty Sand
Auger Refusal at 10 feet.
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
None WATER TABLE
I
I
I
PROJECT
ILOCA TION
csra
1005 EMMETT STREET, SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 56+50)
AUQusta, Georaia
VISUAL SOIL DESCRIPTION
5'
Soft, Dark Gray Silt
Vgrt! Stiff, Dark Gray and Brown Slightly Sanely Clayey
Boring Terminated at 10 feet.
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-13
DATE
PENETRATION
VALUE (N)
2@4'
2@7'
2@9'
Mav 11, 1999
UNIFIED PERCENT
CLASS. MOISTUR
6' WATER TABLE .
I
I
I
PROJECT
lOCATION
csra
1005 EMMETT STREET, SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
5'
15'
20'
25'
30'
35'
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 63+75)
Auqusta, Georoia
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Cia e Sand
Stiff, Brown Sandy Clay with Concrete Fragments
Stiff to Firm, Reddish-Brown Sandy Clay
Loose, Brown Cia e Sand
Boring Terminated at 10 feet.
40'
t Value is numbE~r of blows of 140 pound hammer
equired to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-14
DATE
PENETRATION
VALUE (N)
14@2'
13@4'
8@7'
May 11.1999
UNIFIED PERCENT
CLASS. MOISTUR
8' WATER TABLE
I
I
I
PROJECT
U LOCATION
csra
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 69+50)
AUQusta, Georqia
VISUAL SOIL DESCRIPTION
Loose, Brown CIa e Sand .
5' Firm, Brown Slightly Sandy Silty Clay
Firm, Gray and Brown Clayey Silt
Boring Terminated at 10 feet.
15'
20'
I
I
I
I
I
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-15
DATE
PENETRATION
VALUE (N).
7@2'
5@4'
8@7'
8@9'
Mav 11. 1999
UNIFIED PERCENT
CLASS. MOISTUR
9' WATER TABLE
I
I
I
PROJECT
BLOCA TION
csra
1005 EMMEll STREET, SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 76+25)
AUQusta, Georaia
VISUAL SOIL DESCRIPTION
Loose, Reddish-Tan Cia e Sand
Stiff, Reddish-Brown Sanely Clay
5' Very Loose.. Brown and Tan Clayey Sand
Soft, Brown Sandy Silt
Firm, Brown and Gray Sandy Silt
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer .
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-16
DATE
PENETRATION
VALUE (N)
11 @2'
4@4'
3@7'
5@9'
Mav 11, 1999
UNIFIED PERCENT
CLASS. MOISTUR
8' WATER TABLE
I
I
I
PROJECT
ILOCATION
csra
1005 EMMETT STREET. SUITE A
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6900
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 86+00)
AUQusta, GeorQia
VISUAL SOIL DESCRIPTION
Gray Silty Sandy Clay
5'
Brown and Tan Silty Clay
Auger RefuSal at 10 feet.
2" of Asphalt/22" of Crusher Run
15'
20'
25'
30'
35'
40'
IN Value is numb.er of blows of 140 pound hammer
required to driVE! 2" split-tube sampler one foot after seated.
BORING NO.
8-17
DATE
PENETRATION
VALUE (N)
8'
May 17. 1999
UNIFIED PERCENT
CLASS. MOISTUR
WATER TABLE
I
I
I
PROJECT
ILOCA TION
csra
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6900
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
1005 EMMETT STREET, SUITE A
Mid City Sewer Relief Proiect (Sta. 94+25)
AUQusta. GeorQia
VISUAL SOIL DESCRIPTION
Loose. Black Silty Sand with Wood
5' Firm, Gray and Tan Silty Clayey Sand
Stiff, Gray and Tan Silty Clay
Very Firm, Brown and Tan Silty Coarse Sand
Boring Terminated at 15 feet.
20'
25'
30'
35'
40'
t Value is number of blows of 140 pound hammer
equired to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-18
DATE
PENETRATION
VALUE (N)
14@2'
8@4'
18 @ 7'
16@9'
17 @ 14'
8'
May 17, 1999 .
UNIFIED PERCENT
CLASS. MOISTUR
WATER TABLE
I
I
I
PROJECT
I LOCATION
csra
1005 EMMETT STREET, SUITEA
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 104+25)
AUQusta, GeorQia
I DEPTH
FEET
I
I
I
I
I
I
I
I
I
I
I
I
I
VISUAL SOIL DESCRIPTION
Loose to Firm, Brown Silty Sand
, .Firm, Brown and Black Silty Clayey Sand
Finn, Gray Silty Coarse Sand
Boring Terminated at 8 feet.
10'
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-19
DATE
PENETRATION
VALUE (N)
14@2'
11 @4'
13 @ 7'
7'
May 17,1999
UNIFIED . PERCENT
CLASS. MOISTUR
WATER TABLE
I
I
I
PROJECT
I-OCA TION
csra
TESTING AND ENGINEERING COMPANY, INC.
(706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUITE A
AUGUSTA, GEORGIA 30904
Mid City Sewer Relief Proiect (Sta. 112+75)
AUQusta, GeorQia
VISUAL SOIL DESCRIPTION
Loose, Dark Brown Silty Sand
5'
Fiml to Stiff, Gray and Tan Silty Clay
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
IN Value is number of blows of 140 pound hammer
required to drive 2" split-tube sampler one foot after, seated.
BORING NO.
8-20
DATE
PENETRATION
VALUE (N)
6@2'
6@4'
15 @ 7'
19@9'
May 12, 1999
UNIFIED PERCENT
CLASS. MOISTUR
6'
WATER TABLE
I
I
csra
TESTING AND ENGINEERING COMPANY, INC.
AUGUSTA, GEORGIA 30904 (706) 733-6960
(FAX) 737-0629
1005 EMMETT STREET, SUrTEA
ItROJECT
lOCATION
Mid City Sewer Relief Proiect (Sta. 23+00)
AUQusta, GeorQia
VISUAL SOIL DESCRIPTION
Loose to Firm, Brown and Tan Silty Sand
Very Stiff, Gray and Tan Silty Clay
Boring Terminated at 10 feet.
15'
20'
25'
30'
35'
40'
III Value is number of blows of 140 pound hammer
~uired to drive 2" split-tube sampler one foot after seated.
BORING NO.
8-21
DATE
PENETRATION
VALUE(N)
15@2'
12@4'
18 @ 7'
21 @9'
8'
May 12. 1999
UNIFIED PERCENT
CLASS. MOISTUR
WATER TABLE
.1
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I
I
I
I
I
-I
I
I
I.
I
SECTION Tl
SITE WORK
SCOPE:
-
The work covered by this specification consists of furnishing all plant,
labor, equipment, appliances, materials and supervision, and in performing
all operations in connection with clearing, grubbing, excavation, filling,
backfilling, grading the site, field layout, staking, and grade setting in
strict accordance with this section of the specifications, the applicable
drawings and terms and conditions of the Contract.
GENE RAL :
Operations shall be conducted in a manner which will provide for the safety
of employees and others. Existing utility lines, walks, steps, paving,
structures, or trees to remain shall be safeguarded and protected from
damage, and supported if necessary. Prior to any work the Contractor shall
obtain necessary permits for work in the area or shall ascertain that the
permits have otherwise been obtained. See .special Conditions, Paragraph
SC-I0 for field layout, staking, and grade setting requirements.
Classification of Excavation: All excavation in connection with site work
will be considered unclassified common excavation.
CLEARING:
Clearing shall consist of the felling and cutting up or trimming of trees
and the satisfactory disposal of the trees and other vegetation designated
for removal together with the down timber, snags, brush and rubbish
occurring within the project limits. Trees and other vegetation to be
removed and all stumps, root.s, and brush in areas to be cleared but not
grubbed shall be cut off flush with or slightly below the original ground
surface. Trees and stumps in areas to be covered by embankments 3 feet or
more in height shall be cut off to 8 inches or less above the original
ground surface. Trees and other vegetation in areas to be cleared and
grubbed may be removed by uprooting or any other method that the Contractor
may propose that is satisfactory to the Engineer. Individual trees and
groups of trees designated to be left standing shall be trimmed of all live
branches to such heights and in such manner as directed by the Engineer.
All limbs and branches required to be trimmed shall be neatly cut close to
the bole of the tree or. to main branches, and the cuts more than 1-1/2
inches in diameter thus made shall be painted with an approved tree wound
paint.
GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots
larger than 3 inches in. diameter to the depth specified, and matted roots
from the areas to be grubbed. .In foundations areas, stumps, roots, logs or
other timber 3 inches and over in diameter, matted roots, and other debris
not suitable for foundation purposes, shall be excavated and removed to a
depth not less than 18 inches below any.subgrade, shoulder or slope; and to
a depth of 12 inches below finish grade in areas to be grassed. All
depressions excavated below the original ground surface for or by the
removal of stumps and roots, shall be refilled with suitable material and
,-
'ZElL., ENGINEERS
9803-02 TOl.doc
Tl-l
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SECTION Tl
SITE WORK
compacted to make the surface conform to the surrounding ground surface.
Grubbing will not be required in areas other than those occupied by
construction and graded and grassed areas.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Merchantable Timber: All merchantable timber (6" diameter at the base or
larger) cut from the construction sites, or from the rights-of-way, shall
remain the property of the landowner. The Contractor shall trim and cut
such timber and stack it neatly within the easement or right-of-way, as
directed by the Engineer.
Burninq or Removal From Site: All Timber, except such timber which the
Engineer considers merchantable, all logs, stumps, roots, brush, rotten
wood and other refuse from the clearing and grubbing operations shall be
burned, except that when permitted in writing by the Engineer, logs and
large stumps may be otherwise disposed of as elected by the Contractor.
Such permit will state the conditions covering the disposal of. such logs
and stumps without burning, including the areas in which they may be
placE~d. Timber and other refuse to be disposed of by burning shall be
burned at locations specified by the Engineer, in a manner that will avoid
all hazards, such as damage to existing structures, construction in
progress, trees and vegetation. The Contractor will be responsible for
compliance with all Federal and State Laws and regulations relative to the
building of fires. Disposal by burning shall be kept under constant
attendance until the fires have burned out or have been extinguished.
MATERIALS:
Borrow Material shall be selected to meet the requirements and conditions
of the particular installation for which it is to be used. The material
shall consist of sand soils or sand-clay soils capable of being readily
shaped and compacted to the required densities and shall be free of roots,
trash and any other deleterious material. The material shall be obtained
from off-site borrow pits approved by the Engineer. Borrow pits shall be
cleared and grubbed as necessary, and shall be opened, excavated, graded
and maintained so that adequate and proper drainage and a neat appearance
shall exist at all times.
Topsoil shall consist of a natural material that occurs in surface deposits
of limited depth, and, in general, on elevated areas, it shall be composed
of natural mixtures of clay and soil binder with sand. Topsoil shall
contain not more than 25 percent of clay and shall be free of stones larger
than 2 inches in diameter, roots, excessive vegetation, rubbish or other.
deleterious matter. Topsoil shall be approved by the Engineer before being
used on the work. Topsoil as described, shall be excavated from all areas
to be disturbed, whether for structures, piping, site grading, or paving,
and if it cannot immediately be placed in its final location, it shall be
stored for later use. Stockpiled topsoil shall be placed to afford good
drainage. Topsoil work shall not be performed when the soil is so wet that
the tilth of the soil will be destroyed.
Embankment: This item c.onsists of placing in fills and embankments for
roadways, and other site grading work, the materials removed from the
'ZEL, ENGINEERS
9803-02 TOl. doc
Tl-2
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.1
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SECTION T1
SITE WORK
various excavations
accordance with the
dimensions.
and borrow
appropriate
pits, all as specified herein and
lines, grades, sections, contours
in
and
Crushed stone surfacinq material shall consist of a compacted subgrade, a
4" sand-clay base, and a 2-1/2" crushed stone surface course. The surface
course shall consist of dense graded crushed stone with 65 percent passing
a No. 4 U. S. Standard Sieve.
CONSTRUCTION METHODS:
General: During construction, embankments, fills and excavations shall be
kept shaped and drained. Ditches and drains along the subgrade shall be
maintained in such manner as to drain effectively at all times. Grading
shall be done so that the surface of the ground will be properly sloped to
prevent water from running into the excavations for structures or pipe
lines; any water which accumulates in excavations shall be removed
promptly. Excavated materials shall not be stockpiled within a distance
from the edge of any excavation less than 1-1/2 times the depth of the
excavation. Suitable material removed from excavation shall be used, where
feasible, in the formation of embankments, fills, subgrades, shoulders,
backfills, and site grading; excess material from excavation, not required
for such uses or materials not suitable for such uses, shall be wasted in
locations directed by the Engineer. Any wetting, hauling, scarifying,
mixing, shaping, rolling, tamping or other operation incidental to the
following requirements, which, in the judgment of the Engineer, are
necessary to obtain the specified results, shall be performed by the
Contractor at no additional expense to the Owner.
Site Gradinq: Site grading shall consist of excavating and placing all
necessary materials outside the limits of the various structures. Site
grading shall be completed when all surfaces are aligned with surrounding
grades or are in conformity with the contours when shown, and are smooth,
firm, containing the specified materials. Site grading shall include all
excavation, filling and compacting required for construction of all
ditches, roads, and all other areas disturbed by construction except as.
otherwise specified. Site grading also shall include excavation and
backfill for walks and steps. Except as otherwise specified herein, all
disturbed areas on the site shall be finished off to a uniformly smooth
surface, free from abrupt, irregular surface changes. The degree of
smoot:hness shall be that ordinarily obtainable from power grader
operations. The finished surface shall not be more than 0.10 foot above or
below the established grade. There shall be no roots, wasted building
materials, trash or other unsightly matter projecting through or visible at
the surface. .
After all embankments and fills have been completed to grade, and after all
structures and pipe lines requiring the use of heavy equipment have been
completed, excavation necessary for the construction of walkways and steps
maybe performed. Excavation shall be accurately cut to line and grade;
sufficient width for the accurate placement and adequate support of the
forms shall be allowed. After the forms are removed, the backfill shall be
replaced and recompacted around structures, walks and. steps. Care shall be
taken to avoid damage to the walks and steps by the tampers.
'ZEL, ENGINEERS
9803-02 'r01.doc
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SECTION T1
SITE WORK
Topsoil shall be evenly spread over the entire area to receive vegetation
cover. The compacted subgrade shall be scarified to a depth of 2 inches
for the bonding of topsoil with the subsoil. Topsoil shall then be evenly
spread, lightly compacted (not less than one pass of a cultipacker weighing
100 to 160#/ft. of roller) and graded to a uniform thickness of not less
than 3 inches, and the surface shall conform to the requirements of site
grading, ditches, embankments, or other features, as applicable.
Ditches shall be cut accurately to line, grade, and cross-section. Any
excessive ditch excavation shall be backfilled to grade with material
approved by the Engineer, consisting of suitable excavated soil, borrow, or
stones or cobbles. The requirements of paragraph "Site Grading" above,
shall apply to ditches except as follows: The degree of smoothness shall
be that usually obtainable with string line or hand raking methods; the
finished surface of ditch slopes shall not be more than 0.10 foot above or
below the appropriate elevations.
Embankment: Sloping ground surface, steeper than one vertical to four
horizontal, on which embankment or fill is to be placed, shall be plowed,
stepped, or broken up in. such manner that the embankment material will bond
with the existing surface. Approved material, consisting of earth, sandy
clay, sand and gravel, clay gravel, soft shale, or other granular material
(not containing muck, trees, stumps, brush, matted roots or other clods of
earth or stones) shall be placed in horizontal layers of loose material not
more than 8 inches in depth. Each layer shall be spread uniformly and
tamped and compacted to 95 percent of the density measured. by Standard
Proctor ASTM 0698. Tamping shall be accomplished bysheepsfoot rollers or
mechanical hand tampers. Final compaction may be by an approved power
roller, weighing not less than 10 tons, except where insufficient cover may
cause damage to pipe.
CRUSHED STONE SURFACING FOR UNPAVED DRIVEWAY REPLACEMENT:
The subgrade .shall be scarified 6" deep and then recompacted to 100% ASTM
0698 ..Over the compacted subgrade compact a 4" thick Class A sand clay
base compacted to 100% of ASTM 0698 density. The 2-1/2" compacted crushed
stone surface course shall be installed over the base.
INSPECTION AND TESTS:
The Engineer, at his discretion, may order tests and inspections to be.
performed during the progress of the work, or at the completion of any
individual unit of the work, or at the time of final inspection of the
entire proj ect. Random spot checks of elevation and slopes shall be
conducted by ordinary differential level and profile methods. Random spot
checks of topsoil thickness shall be conducted by cutting through the
surface with a spade or mattock, and measuring the thickness of topsoil
exposed. Density of embankment, fill, backfill or subgrademay be measured.
according to the procedures of ASTM 0698.
===
'ZEL, ENGINEERS
9803-02 TOl.doc
Tl-4
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SECTION T1
SITE WORK
GRASSING:
Areas of road shoulders and other property disturbed by construction
operations shall be grassed in accordance with the GRASSING section of the
specifications. Areas to be grassed shall be planted, maintained, and
shall utilize topsoil, lime, fertilizer, proper and approved grass and
mulch sufficient to produce a cover suitable to eliminate significant
erosion.
MAINTENANCE:
Inspection of site work as it is completed, shali not constitute final
acceptance of the item. The Contractor shall maintain all items in such
condition as to be ready for final inspection from the time of completion
until the final acceptance of the entire project.
PAYMENT:
Payment for clearing, grubbing, site grading, sediment containment, and
erosion control shall be included in the unit price for water lines, lump
sum price and other unit price or lump sum prices as appropriate.
Payment for borrow material shall
hauling, placement, and compaction,
based on quantities of materials
mea~urements made in the presence of
and after placement.
include all costs of the material,
complete, in place; payment shall be
in place determined by differential
the Engineer's Representative, before
Payment for crushed stone surfacing of driveways will be paid for on the
basis of the applicable unit price per square yard as set forth in the Bid
and shall include all work associated with grading, compacting and placing
of the crushed stone and base. The quantity for payment shall be based on
measurements in place as determined in the presence of the Engineer's
Representative.
No other separate payment will be made for the work covered by this section
of the specifications and all costs in connection therewith shall be
included in the appropriate lump sum or unit price in the Bid.
'ZEL, ENGINEERS
9803-02 T01.doc
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, equipment, appliances, materials, layout staking and grade
staking and supervision, and in performing all operations in connection with
the excavation, filling and backfilling for structures and piping in strict
accordance with this section of the- specifications, the applicable drawings and
terms and conditions of the Contract.
CLASSIFICATION OF EXCAVATION:
All excavation shall be Unclassified.
EXCAVATION:
General: The excavation shall conform to dimensions and elevations appropriate
for the pipe line or structure. Excavation shall not be carried below the
elevation necessary for construction.
Excavation for Walls and Footinqs shall extend a sufficient distance to allow
for. the placing and removal of forms, installation of services and for
inspection, except where the concrete wall or footing may be authorized to be
deposited directly against excavated surfaces.
Trench Excavation: Trenches shall be excavated true to line and grade.
Trenches to receive pipe having a nominal diameter of 24 inches or less shall
not be less than 12 inches wider nor more than 16 inches wider than the outside
diameter of the pipe to be laid therein, so that a clear space of not less than
6 inches nor more than ~ inches in width is provided on each side of the pipe.
The maximum width specified applies to the width at or below the level of the
top of the ~ipe. The width of the trench above the pipe may be as wide as
necessary to provide room for proper installation of the work. The Contractor
shall comply with the safety requirements of OSHA.
The bottoms of trenches for water-lines shall be rounded so that the lower 90
degree quadrant of the pipe is in ditect .contact throughout its entire length
with undisturbed earth or with suitable compacted fill material. Bell holes
and excavation for jOlntsshall be dug by hand after the trench bottom has been
shaped. These holes shall. be .so spaced and sized as to permit first class
workmanship on the joint and to insure that the maximum length of pipe possible
will rest on the prepared bottom of the trench.
Where rock is encountered in the trench bottom, the excavation shall be carried
below the bottom of the pipe a distance of 6 inches or one-eighth the outside
diameter of the pipe, whichever is greater. Where, in the opinion of the
Engineer, the natural trench _bottom is soil which is incapable of
satisfactorily supporting the pipe,.. such unsuitable soil shall be removed to
the depth required as determined at the site. The trench bottom shall then be
refilled with selected refill material, placed in 8 inch layers and compacted
at optimum moisture content. Each layer shall be thoroughly tamped. The
refill shall be .brought to t~e proper elevation for the pipe.
'ZELc
ENGINEERS
~
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9803-.02 T02. doc
T2-1 - As Revised by Addendum #2
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
Dewaterinq and Drainaqe of Excavated Areas: Grading in the vicinity of
structures shall be controlled to prevent surface water from running into
excavated areas. Dewatering by pumping or wellpointing from excavated areas
shall be performed by the Contractor to provide a stable excavation and a firm
pit or trench bottom. Dewatering shall incur no extra cost to the Owner.
All dewatering methods shall be subject to the approval of the Engineer as to
capacity and effectiveness. Water removed from the excavated areas shall be
conveyed in a proper manner to a suitable point of discharge where it will
neither cause injury to public health, public or private property, the surface
or use of streets by the public or work completed or in progress.
Protection Aqainst Flotation: To guard against the danger of flotation of
empty or partially empty pipe due to a high water table, all dewatering
operations shall be continued without interruption until such time as
sufficient backfill has been placed over the top of the pipe to overcome the
buoyancy effect of a completely empty pipe which is entirely submerged.
Shorinq and . Protection of Excavations: Shoring shall be provided by the
Contractor as necessary to protect life or property. All existing structures,
streets, pipes, and foundations which are not to be removed or relocated shall
be adequately protected or replaced by the Contractor without cost to the
Owner. The Contractor shall adequately protect the work under construction and
the safety of his workmen in excavations by the use of suitable sheeting,
shoring and bracing, or by sloping the banks in accordance with the angle of
repose of the soil.
The Contractor alone is responsible for any damage or injury resulting from his
failure either to provide adequate protection from the excavation or to comply
with OSHA requirements.
Excess Material: Exce~s material to be used for backfill shall be stockpiled
as directed by the Engineer. Excavated material shall be deposited a
sufficient distance from the side of excavation walls to prevent excessive
surcharge on the wall. Excess excavated material not suitable or required for
backfill or filling shall be wasted within the limits of the site as directed
by the Engineer.
Blastinq: Where blasting is necessary, it shall be done in accordance with
local ordinances by skilled operators and precautions shall be taken to avoid
damage. Suitable mats shall be provided to confine, within the limits of the
excavations, all materials lifted by blasting.
FILL:
Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each
layer shall be compacted at optimum moisture content in a manner approved by
the Engineer. After compaction, the dry weight per cubic foot for each layer
shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as
determined by the ASTM D 698.
'ZEL, ENGINEERS
9803-02 T02. doc
T2-2 - As Revised by Addendum #2
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
BACKFILLING:
The Engineer shall be notified before backfilling in order that the work may be
inspected before it is covered. After completion of the foundation footings,
walls, or pipe work, and prior to backfilling, all forms shall be removed and
the excavation shall be cleared of all trash and debris. Symmetrical backfill
shall be placed in horizontal layers not in excess of 8 inch thickness, and
shall have an optimum moisture content when compacted. After compaction, the
dry weight per cubic foot for each layer shall be at least 95% of the maximum
Laboratory Dry Weight per cubic foot, as determined by ASTM D 698.
Under roadway, driveways, paved areas, parking lots, along roadway shoulders
and other areas subject to traffic, the backfill shall be placed in 6-inch
layers and each layer moistened and compacted. After compaction, the dry
weight per cubic foot for each layer shall be at least 95% of the maximum
Laboratory Dry.Weight per cubic foot, as determined by ASTM D 1557. The top
12" beneath the roadway shall have 100% compaction.
FILL AND BACKFILL MATERIAL:
Material for fill and backfilling shall consist of the excavated material, if
suitable, or borrow approved. by the Engineer, and shall be free of trash,
lwnber, or other debris, roots and other organic, perishable or deleterious
matter.
BORROW MATERIAL FOR TRENCH BACKFILL:
Borrow material for trench backfill shall consist of sand soils or sand-clay
soils capable of being readily shaped and compacted to the required densities
and shall be free of roots, trash, and. any other deleterious material.
SELECTED REFILL MATERIAL:
When directed by the Engineer, selected refill material shall be used to refill
the trench bottom where unsuitable soil is encountered; or, where rock
excavation is required in trenches for water lines, selected refill material
shall be used to refill the trench.bottom to a minimum depth of 6 inches. Such
material shall be crushed stone or gravel of suitable gradation free from sod,
sticks, roots and other organic, perishable or deleterious matter. The
Contractor shall obtain prior approval from the Engineer of the material
proposed for the above use.
CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT:
The Contractor shall replace or repair concrete slab pavement which has been
removed or damaged in his trenching operation with equal quality and not less
than 6" of 4,000 p.s.i. concrete over compacted fill. The existing concret~
pavement shall be neatly cut vertically and on a uniform horizontal alignment.
The concrete shall be cast solid against the existing slab joint.
PAVEMENT REMOVAL AND REPLACEMENT:
The Contractor shall replace or repair all pavement which has been removed or
damaged in his trenching operation with pavement of equal quality but not less
than 8" of 4,000 p.s.i. concrete, plus 2" hot plant mix over compacted fill.
=
'ZEL, ENGINEERS
9803-02 T02. doc
T2-3 - As Revised by Addendum #2
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
.Sufficient pavement shall be replaced to allow for at least one foot outside of
excavation limits or damaged portions. The existing pavement shall be neatly
cut vertically and on a uniform horizontal alignment. The type of paving used
in patching shall be the same as the original pavement and shall be tied into
the adjacent pavement or slab as directed by the Engineer. Pavement subgrade
and pavement under the cognizance of local and state highway departments shall
be replaced in strict accordance with their- standards or direction. The Owner
will provide permits for the. opening of the pavement. The Contractor shall
meet all of the requirements of such permits for work which is done within the
highway right-of-way.
EROSION AND SEDIMENT CONTROL:
Ternporary Silt Fencinq shall be installed to limit the migration of silt from
the construction area to waterways or proximate water courses. Filter fabrics
free of defects or flaws shall be installed against a stable, post supported
wire backing to intercept all runoff from the construction site.
Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into
a fabric of either the woven or nonwoven type. Either type of fabric shall be
free of any treatment or coating which might significantly alter its physical
properties after installation. The fabric shall contain stabilizers and/or
inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or. heat. The fabric shall be a pervious sheet of
synthetic fibers oriented into a stable network so that the fibers retain their
relative position with respect to each other under normal handling,
installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yarn from pulling away from the fabric.
During all periods of shipment and storage, the fabric shall be wrapped in a
heavy-duty protective covering which will protect the cloth from sunlight, mud,
dust, dirt, and debris. The fabric shall not be exposed to temperatures
greater than 140 degrees F.
The fabric shall meet the following physical requirements:
Tensile Strength (Lbs. Min.)
(ASTM D-4 632)
Warp - 120
Fill - 100
Elongation (% Max;)
(ASTM 0-4632)
40
AOS (Apparent Opening Size) (Max.
Sieve Size) (ASTM 0-4751)
30
Flow Rate (Gal/Min/Sq.Ft.)
(GDT-87)
25
Ultraviolet Stability (2)
(ASTM 0-4632 after 300 hours
weathering in accordance with
ASTM 0-4355)
80
r--
'ZEL, ENGINEERS
9803-02 T02 _ doc
T2-4 - As Revised by Addendum #2
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
Bursting Strength (PSI Min.)
(ASTM 0-3786 Diaphragm Bursting
Strength Tester)
175
Minimum Fabric Width (Inches)
24
Filter Fabric Backinq shall be w6ven wire and attached to the posts by wire,
cord, staples, nails, or other acceptable means. The filter fabric shall be
installed in such a manner that 6 to 8 inches of fabric is left at the bottom
to be buried and a minimum overlap of 18 inches is provided at all splice
joints. After the fabric is installed in a trench, the trench is then to be
backfilled and compacted so that no flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6
horizontal wires 4x4 Wl.4xWl.4 or equal.
Posts shall be a minimum of 4 feet long and either wood or equivalent steel
posts may be used. Sof.t wood posts shall be at least 3 inches in diameter or
nominal 2"x4" and straight enough to provide a fence without noticeable
misalignment. Maximum post spacing shall be 4 feet.
Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at
least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall
be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall
be evenly spaced wit~ at least ~ per post.
Straw Bale Ditch Checks: To control erosion in waterways and to provide
additional restriction of silt .migration, temporary ditch checks shall be
installed. Standard rectangular mechanically produced straw bales shall be
anchored to-2x4x4'-Q" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After
permanent erosion control features of the work site are complete and ample
grass is established, the temporary fences, ditch checks, etc. shall be
removed. Silt which has collected shall be removed, or when appropriate,
regraded, stabilized, and planted.
RESTORATION OF PRIVATE PROPERTY:
The Contractor shall carefully restore all private property defaced by
operations or acts of any ot his agents or employees. Such restoration shall
. include seeding, sodding, and transplanting of lawns, hedges or ornamental
plantings, and the repair or replacement of other private facilities in such
manner as to meet the approval of the Eng.ineer and at no additional cost to the
Owner. No structures or trees .shall be removed without the consent of the
property owner or until condemnation procedure, if necessary, has been
completed.
PAYMENT:
Except as .specifically stated in the items which follow,. no separate payment
shall be made for common excavatio.n for structures and pipeline trenches;
backfill; pipe bedding; protection of utilities; maintenance of usable driving
surfaces free from potholes; depressions and ruts, erosion control and sediment
'ZELI ENGINEERS
9803-02 T02. doc
T2-5 - As Revised by Addendum #2
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
containment measures; and other work covered by this section of the
specifications. Such work shall be considered as a subsidiary obligation of
the Contractor in completing the work and all costs in connection therewith
shall be included in the applicable lump sum or unit price. items in the Bid.
Selected Refill Material: . Refill material, installed at the direction of the
Engineer, to replace unsuitable material below the pipe trench or to refill the
authorized over-depth excavation of rock in trenches for water lines will be
paid for on the basis of the applicable unit price in the Bid. No payment will
be made for crushed stone or sand used by the Contractor in the trench bottom
in lieu of dewatering by use of well points or pipe bedding as detailed in the
drawings.
Borrow Material. for Trench Backfill: Borrow material used to backfill the
trench above the pipe, where suitable material is not available from the
excavation, will be paid for on the basis of the applicable unit price in the
Bid. The quantity of borrow will be based on the computed volume in the trench
within the maximum permissible trench width for distances as authorized by the
Engineer.
Concrete Driveway replaced over trench excavations will be paid for on the
basis of the applicable unit price per square yard as set forth in the Bid.
The maximum permissible width to be used in computing the quantity of concrete
paving allowed for payment will be 3'-4" plus the pipe 0.0.
Pavement replaced over trench excavations will be paid for on the basis of the
applicable unit price per square yard as set forth in the Bid. The maximum
peLnissible width to be used in computing the quantity of pavement allowed for
payment will be 3'-4" plus the pipe 0.0. .
Gravel driveways replaced over trench excavation will be paid for on the basis
of the applicable unit price per square yard as set forth in the Bid. The
maximum permissible width to be used in computing the quantity allowed for
payment will be 4'-8" plus the pipe 0.0.
Resurfacinq: For roadway sections which must be resurfaced, payment will be
made per square yard for the resurfacing applied over the pavement replacement
over trench excavations as well as the adjoining area within the resurfacing
limits.
---'ZEL, ENGINEERS
9803-02 T02. doc
T2-6 - As Revised by Addendum #2
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SECTION T3
CONCRETE
SCOPE:
The work covered by this specification consists of furnishing all plant, labor,
equipment, appliances, and materials, and in performing all operations in
connection with the installation of concrete work, complete, in strict
accordance with this specification and the applicable drawings, and subject to
the terms and conditions of the Contract.
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications form a part of this
specification:
American Society for Testinq Materials Desiqnation:
C 33
C 150
A 615
C 94
C 31
Concrete Aggregates
Portland Cement
Reinforcing Steel
Ready-Mix Concrete
Method of Making and Curing Concrete Compression
and Flexure Test Specimens in the Field
American Concrete Institute Publications:
ACI 318
ACI 315
Building Code Requirement for Reinforced Concrete
Manual of Standard Prac~ice for Detailing Reinforced
Concrete Structures
CONCRETE:
Materials:
Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150.
Only one brand of cement shall be used for exposed concrete in any individual
structure.
Fine Aqqreqate shall consist of
combination thereof, conforming to
Aggregate.
natural sand, manufactured sand or a
the requirement of ASTM C 33, Concrete
Coarse Aqqreqate shall consist of crushed stone, gravel, or air cooled
blast-furnace slag, or a combination thereof, conforming to the requirement of
ASTM C 33, Concrete Aggregates.
Water shall be clean and free from oils, acids, salts, or other injurious
substances.
Admixtures shall be used to provide entrained air. Other admixtures shall be
used only with written approval of the Engineer. Air entraining admixtures
shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494.
Calcium chloride will not be permitted.
Curinq Materials shall be approved by the Engineer before use.
'ZEL, ENGINEERS
9803-02 T03.doc
T3-1
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SECTION T3
CONCRETE
Reinforcinq steel for concrete shall conform to ASTM A 615, Grade 40 or Grade
60 except as otherwise noted on the drawings. Shop drawings are required.
Storaqe of Materials: Cement and aggregates shall be stored in such a manner
as to prevent deterioration or intrusion of foreign matter. Steel reinforcing
shall be stored in such a manner as to be protected from rusting, oil, grease,
and distortion.
Mix: All concrete shall have a minimum 28-day compressive strength of 4,000
pounds per square inch and a slump of 4 inches, unless otherwise indicated. All
concrete shall be mixed in a power operated batch mixer. The contents of the
mixer shall be completely discharged before each new batch is loaded. Ready mix
concrete shall conform to ASTM C 94. The use of retempered concrete will not
be permitted.
Concrete for pipe encasement, blocking, and collars shall have a minimum
strength of 3,000 psi.
Form~: Walls, beams, elevated slabs, footings, piers, cradles, collars,
encasement, blocking, floors and other members shall be formed, where
necessary, to accurately conform to the appropriate shape, lines and
dimensions. Wood forms shall be made from lwnber of No. .2 Common Grade or
better. They shall be properly braced and tied so as to maintain their
position and shape, and shall be sufficiently tight to prevent leakage of
grout.
Finish: Floor shall be
view shall be troweled.
honeycomb; fins shall be
carefully pointed. Wall
wood float finished except those normally exposed
Walls shall be smooth, free from holes, pockets
cut off; depressions, holes, and rough spots shall
surfaces normally exposed to view shall be rubbed.
to
or
be
Cylinders: Two cylinders per 50 yards of concrete and not less than two for
each day's pour shall be tested for 28-day strength.
PAYMENT:
Except as specifically stated in the following items, nO separate payment will
be made for work covered by this section of the specifications and all costs in
connection therewith shall be included in the applicable lump sum or unit price
items in the Bid.
Concrete for Encasement, Collars, and Reaction Blockinq: Payment for concrete
encasement, (excluding creek crossings), collars,. and reaction blocking will be
paid for on the computed volume of concrete actually placed in accordance with
the applicable sections of the specifications.
Curb and Gutter: Payment will be made at the applicable contract unit price
for the satisfactory construction of curb and gutter along the parking lots and
roadway. The payment item shall include all materials, labor, equipment and
all other items necessary for the installation. Measurement will be made along
the top of the curb and gutter.
'ZEL, ENGINEERS
9803-02 T03. doc
T3-2
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SECTION T3
CONCRETE
Asphalt Curbinq: The curb shall be made of plant mix type E and shall match
existing. Payment will be made at the applicable contract unit price for the
satisfactory construction of curb along parking lots and roadway. The payment
item shall include all materials, labor, equipment and all other items
necessary for the installation. Measurement will be made along the top of the
curb.
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9803-02 T03. doc
T3-3
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SCOPE:
SECTION T4
FORCE MAIN
The work covered by this section of the specifications consists of furnishing
all plant, labor, supervision, equipment and materials, and performing all
operations in connection with the installation and testing of the water line
and appurtenances, complete, in strict accordance with this section of the
specifications and the applicable plans, and subject to the terms and
conditions of the Contract.
GENERAL:
All piping and accessories furnished by the Contractor for incorporation in the
work shall be new, unused, and of the type specified herein, and listed in the
Bid.
In installation, no blocking of pipe barrel above the trench bottom" will be
permitted. Any pipe which has its alignment, grade, or joints disturbed after
laying shall be taken up . and relaid. The interior of the pipe shall be
thoroughly cleaned of all foreign matter before laying in the trench and shall
be kept clean during laying operations by means of plugs or other approved
methods. The pipe shall not be laid in water or when trench or weather
conditions are unsuitable for work, and water shall be kept out of trenches
until the pipe joints have been completed. When work is not in progress, open
ends of pipe and fittings ~hall be securely plugged so that trench water, earth
or other foreign substance cannot enter the line.
EXCAVATION, TRENCHING AND BACKFILLING:
Excavation, trenching and backfilling shall be in accordance with the
requirements of Section T-2. Excavation required for construction of the water
lines shall be either common excavation or rock excavatioR.
SERVICE PIPING SCHEDULE:
Unless otherwise indicated, pipe and fittings shall be constructed of the
materials shown in the following schedule for the service indicated. Cast iron
pipe or ductile iron pipe and fittings shall be used for all piping except as
may be otherwise indicated in the following schedule:
Service
Pipe Material
Fittinq Material
Force Main
Flg. above ground;
push-on, or M.J.
below ground
Epoxy Ceramic Lining
Push-on, or M.J.
D.I.P. (Pressure
Class 150')
Ceramic Epoxy Lining
PVC, AWWA C905, DR
25
Same as D.I.P.
HDPE,. PE 340, SDR 17 HDPE
Trench Bedding PVC SCH 40
Drain
PVC SCH 40
9803-02 T04. doc
T4-1
Test Pressures
50 psig. -i2.5 psig.
50 psig. -12.5 psig.
50 psig. -12.5 psig.
50 psig. - 12.5 psig.
None
'ZEL, ENGINEERS
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SECTION T4
FORCE MAIN
PIPE:
DUCTILE IRON PIPE:
General : Before work is begun the Contractor will furnish to the Engineer
layout drawings showing all details for all horizontal and vertical curves,
restrained joints, and all other specials and special joints.
All pipe and fittings may be inspected at the place of manufacture by
representatives of the Owner and/or by a testing laboratory of the Owner's
selection. Such inspection shall not in any way relieve the Contractor from
thl~ responsibility for the compliance of all materials installed as specified,
nor shall such inspection in any way relieve the manufacturer from his
responsibility for materials he furnished to be.as specified. Mechanical joint
fittings may be standard conforming to AWWA C110 or compact ductile iron
conforming to AWWA C153.
All fittings included in Structure #3 Pay Item shall be gasketed flanged with
Stainless Steel bolts suitable for burial.
Underqround:
Underqround pipe shall be ductile iron, Pressure Class 150, in accordance with
ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron. Fittings
shall be ductile iron, mechanical joint, 250 P.S.I. rating, in accordance with
ANSI A21.10. Pipe and fittings shall be coated on the outside with a
bituminous coating, and lined with a ceramic epoxy high build multi component
Amine Cured NovaLilc epoxy lining, meeting the tests featured in ASTME-96-66
Procedure A and ASTM G95; B117, G14, 0714, 01308, 04060-90, SSPC-PA-2.
Joints and Jointinq Materials:
Joints in underground ductile iron pipe shall be mechanical joint or push-on
joint, with restrained mechanical joints where indicated. All joints and.
jointing materials shall conform to the requirements of ANSI A21.11.
Mechanical Joints shall conform to ANSI A21.10 and A21.11, and shall have
gaskets smooth and free from any.porosity or imperfections; gaskets shall be
made of vulcanized natural or vulcanized synthetic rubber. Bolts for
mechanical joints shall be standard, high-strength, heat-treated cast iron tee-
head bolts with hexagon nuts meeting the requirements of ANSI A21.11.
Push-on Joints shall have. gaskets made of vulcanized natural or synthetic
rubber compound conforming to ANSI A21.11 and smooth and free from all
imperfections and porosity. Lubricant for push-on joints shall be non-toxic,
shall not support bacteria growth and shall have no deteriorating effect on the
gasket material.
Restrained Joints: Concrete blocking for restraint may be used where it
clearly will not interfere with other piping or structures and where firm
support is available by concrete. bearing against the trench wall; otherwise,
piping shall utilize restrained joints. Restrained Joints shall be American
CIP "Fast Grip", U.S. Pipe "Field Lok" or comparable product which utilizes a
positive restraining gasket. Mechanical joint with Megalug is acceptable.
Installation techniques shall comply with the joint manufacturer's
'ZELl ENGINEERS
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980J-02 T04.doc
T4-2 - As Revised by Addendum #2
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SECTION T4
FORCE MAIN
reconunendations. See also "Assembly Instructions" on page T4-3 and "Reaction
Support" on page T4-4.
Installation:
'Handlinq: Pipe and accessories shall be handled in such a manner as to insure
delivery on the site and installation in the trench in a sound, undamaged
condition. Particular care should be taken not to injure the coating or
lining.
Cuttinq of pipe shall be done in a neat and workmanlike manner without damage
to the pipe or its coating. Cutting shall be done by means of an approved type
of mechanical cutter. After cutting, all burrs and other roughness shall be
removed and the exterior of the spigot end suitably beveled to facilitate
assembly. If cutting is not possible, short lengths of pipe shall be furnished
as necessary.
Placinq and Layinq: Pipe and accessories shall be examined for defects and
tapped with a light hammer to detect cracks while suspended in the sling before
installing. All damaged, defective or unsound items will be rejected and
removed inunediately from the site of the work. Deflection from a straight line
and grade as required by vertical or horizontal curves or offsets shall not
exceed the values presented in the following schedule.
SCHEDULE FOR MAXIMUM DEFLECTION
Pipe Size
(Inches)
6
8
10
12
16
18
20
Max. Deflection
Push-on Joint
21
21
21
21
21
21
21
(Inches per 18 ft. length)
Mechanical Joint
30
22
22
22
15
12
12
If alignment requires deflections in excess of the above limitations, the
Contractor shall provide special bends or a sufficient number of shorter
lengths of pipe to provide angular deflections within the limits set forth.
Pipe shall be placed in the trench and bedded as required in Section T-2.
Except where necessary in making connections with other lines, or. as
authorized, pipe shall be laid with the bells facing in the direction of
laying.
Jointinq:
Push-on Joints shall be assembled by pre-positioning .a continuous, molded
rubber ring gasket in an annular recess in the pipe socket and forcing' the
spigot end of the entering pipe into the socket, thereby compressing the gasket
radially to the pipe to form a positive seal. The design and shape of the
gasket and the annular recess shall be such that the gasket is locked in place
against displacement as the joint is assembled. Details of the joint design
shall be in accordance with the manufacturer's standard practice. The size and
shape of the gasket shall be. such as to provide adequate compressive force
'ZEL, ENGINEERS
9803-02 T04. doc
T4-3
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SECTION T4
FORCE MAIN
between the spigot and the socket after assembly to effect a positive seal
under all combinations of the joints and gasket tolerances. Contractor shall
furnish both the Owner and the Engineer with one copy of the pipe
manufacturer's joint assembly instructions. The Contractor shall adhere
strictly to the pipe manufacturer's joint assembly instructions.
Mechanical Joints: The last 8 inches of the spigot and inside of the bell of
mechanical joint pipe shall be thoroughly cleaned and then painted with a soap
solution made by dissolving one-half cup of granulated soap in one gallon of
water. The cast iron gland shall then be slipped on the spigot end of the
pipe. The rubber gasket shall be painted with the soap solution and placed on
the spigot end with the thick edge toward the gland. The entire section of the
pipe shall be pushed forward to seat the spigot end in the bell. The gasket
shall then be pressed into place within the bell, being careful to have the
gasket evenly positioned around the entire joint. The cast-iron gland shall be
moved into position for bolting, all bolts inserted, and the nuts screwed up
tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened
alternately to produce an equal pressure on all parts of the gland. A suitable
torque-limiting wrench shall be used with maximum torque as recommended by the
manufacturer.
Restraininq Gasket Assembly Instructions:
For cold weather assemblies, keep the temperature of the Gaskets above 400 F.
For cut pipe, select pipe with diameters or circumferences at the cut location
which conform to the table given below.
For cut pipe, assure that a tapered bevel similar to the one furnished with the
pipe is ground onto the end of the pipe.
Measure the socket depth and make a mark on the pipe spigot that distance from
the end of the pipe. This mark will indicate when the joint is fully "home".
Keep the joint in straight alignment during assembly, especially when handling
fittings. Do not. fully "home" the joint if joint deflection is required. Set
the joint deflection after the assembly is made.
Approximately twice as much assembly force. may be required. to assemble a
Restraining Gasket into a joint than is required for a conventional push-on
joint Gasket.
Check for correct positioning of the restraining Gasket by inserting a feeler
gauge in the space between the bell and the pipe OD in several locations around
the socket to assure that the gasket is in proper position in the socket in
accordance with the manufacturer's instructions.
Cleaninq: A pipe swab shall be kept in the pipe at all times to prevent debris
from entering the newly laid pipe. Whenever pipe laying operations are ceased,
a watertight, inflatable plug shall be installed in the open end of the pipe to
prevent ground water from entering the newly laid pipe.
'ZEL, ENGINEERS
9803-02 T04. doc
T4-4
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SECTION T4
FORCE MAIN
Incidental Items:
Reaction Support: All plugs, caps, tees, wyes, and at bends deflecting 11-1/40
or more on pipe lines 6 inches in diameter, or larger, shall be given reaction
support as hereinafter specified. Reaction support shall be of 3,000 lb.
concrete bearing directly against undisturbed earth of the trench wall.
Sufficient thrust block bearing area shall be installed to distribute the
thrust into undisturbed earth at a rate not exceeding the allowable soil
bearing value. Where conditions are such that the bearing value of the trench
wall will not provide satisfactory support or where the angles or direction of
pipe line deflections will not permit adequate thrust block restraint, the
Contractor will be required to furnish and install restrained joints, American
CIP "Fast Grip", U. S. Pipe "Field Lok", or equal, on each restrained
mechanical joint of ductile iron pipe. Joint restraint gaskets may be used for
restraint of underground push-on joints. Where restrained joints are used in
lieu of thrust block restraint,. at least three lengths of pipe in each
direction from the turn shall be fitted with restrained joints also. After
installation, any tie rod assemblies shall be fully field coated with coal. tar
bitumastic to prevent corrosion.
Flanqed Fittinqs shall be ductile iron in accordance with the requirements of
AWWA Specification e110, coated and lined same as pipe. Flanges shall be faced
and drilled to match AWWA el15 threaded-on flanges.
pve e905 PIPE:
General: Before work is begun the Contractor will furnish to the Engineer
layout drawings showing all details for all horizontal and vertical curves,
restrained Joints, and all other specials and special joints.
All pipe and fittings may be inspected at the place of manufacture by
representati ves of. the Owner and/or by a testing laboratory of the Owner's
selection. Such inspection shall not in any way relieve the Contractor from
the responsibility for the compliance of all materials installed as specified,
nor shall such inspection in any way relieve the manufacturer from his
responsibility for materials he furnished to be as specified. Mechanical joint
fittings m.ay be standard conforming to AWWA ClIO or compact ductile iron
conforming to AWWA CIS3. Fittings shall be lined with a ceramic epoxy lining as
per "underground pipe" in the Ductile Iron Pipe section of this specification.
Underground: Underqround pipe shall be PVC DR 24 nominal size 30" in
accordance with the latest AWWA e905 specification. This specification shall
apply as if written out in theses documents in its entirety.
Joints in underground pve pipe shall be push-on joint, with re~trained
mechanical joints where indicated. All joints and jointing materials shall
conform to the requirements of ANSI A21.11. Restrained mechanical joints shall
be connected to the PVC pipe by a system supplied by the manufacturer's of the
pipe.
Restrained Joints shall be as recommended by the pipe manufacturer for the test
pressure listed in these specifications. Pipe shall be restrained for a minimum
of 80' on each side of any fitting, or concrete blocked.
'ZEL, ENGINEERS
9803-02 T04. doc
T4-5
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SECTION T4
FORCE MAIN
INSTALLATION:
Installation of PVC force main shall conform with the latest edition of the
following references:
1. PVC Pipe - Design and Installation. American Water Works Association
Manual of Water Supply Practices M23, AWWA, 1980, p. 63.
2. Underground Installation of PVC Pressure Pipe and Fittings for Water,
American Water Works Association Standard C605-94, July 1995.
3. .Recommended Practice for the installation of PVC Pressure Pipe (Nominal
Diameters 4-36 Inch), UNI-B-3-92, Uni-Bell PVC Pipe Association,
January 1992.
4. Handbook of PVC Pipe Design and Construction, Third Edition, Uni-Bell
PVC Pipe Association, September 1991, pp. 359-387.
HOPE PIPE:
General: Before work is begun the Contractor will furnish to the Engineer
layout drawings showing all details for all horizontal and vertical curves,
restrained joints, and all other specials and special joints.
All pipe and . fittings may be inspected at the place of manufacture by
representati ves .of. the Owner and/or by a testing laboratory of the Owner's
selection. Such inspection shall not in any way relieve the Contractor from
the responsibility for the compliance of all materials installed as specified,
nor shall such inspection in any way relieve the manufacturer from his
responsibility for materials he furnished to be as specified.
Underqround: Underground pipe shall be High Density Polyethylene PE 3408 as
manufactured by Driscopipe or Poly Pipe Industries, .HDPE PE 3408 SDR 17, pipe
size 34" 0.0. The pipe shall conform to ASTM D3350 classification 345 434C, PE
3408 or other HDPE pipe conform{ng to AWWA C906 polyethylene piping system, 34"
0.0., D.R. 17, WPR=100 psi.
Joints shall be by fusion in accordance with C906-90 or latest editions of the
specification. Operators of the butt-fusion equipment must be certified by the
manufacturer of the joining equipment or the manufacturer of the pipe for large
diameter HOPE pipe.
CONCRETE:
All concrete for encasement and reaction blocking shall have a minimum 28-day
compressive strength of 3,000 psi.
CONCRETE COLLARS, CRADLES, SADDLES, AND ENCASEMENT:
Collars, cradles, saddl~s, or encasement shall be constructed of concrete with
a minimum 28-day strength of 3,000 psi.
=
'ZEIl-, ENGINEERS
9803-02 1'04.doc
T4-6
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SECTION T4
FORCE MAIN
CONNECTIONS TO EXISTING MAINS:
The Contractor shall furnish and install all fittings and appurtenances
necessary to make connections to the existing pipelines. The Contractor shall
coordinate his activities with the Augusta Utilities Department so that the
work can be accomplished in a manner and at such time that a minimum
interruption of service will occur.
The tapping sleeves and valves shall conform to the requirements of Section T-
5. The Contractor shall verify the material and size of the pipe line to be
tapped or connected to.
TESTING:
of the piping, it shall be tested for leaks in
and proved tight at 50 psig and at -12.9 psig. The
at his expense, all labor, supervision, pumps,
miscellaneous equipment and water necessary for
on all piping in accordance with the requirements of
General: After completion
accordance with AWWA 600-82
Contractor shall provide,
measuring devices, power,
performance of all testing
these specifications.
Hydrostatic Tests:
Pressure and Vacuum Test: After pipe has been laid and partially backfilled,
all newly laid pressure pipe or any valved section thereof shall be subjected
to the appropriate hydrostatic pressure based on the elevation of the lowest
point in the line or section under test and corrected to the elevation of the
test gage. The duration of each pressure test shall be at least one hour.
Before applying the specified test pressure, all air must be expelled from the
line. The Contractor will make any necessary taps and insert plugs after the
test is completed. Upon completion of the pressure test the pipeline shall be
subjected to a vacuum test. With the pipeline full of water, a negative
pressure gage shall be installed in the pipeline connecting the test pump to
the force main. The pressure test pump shall be reversed to apply a vacuum to
the pipeline of 2 psi absolute pressure (-12.9 ~si gage). Upon reading that
pressure the connection to the pipeline will be shut off. The gauge shall read
the pressure in the force main. The test shall be conducted for one hour. All
exposed pipe fittings valves, and. joints shall be carefully examined before
backfilling. All defective joints shall be repaired or replaced to the
satisfaction of the Engineer. Any cracked or defective pipe, joints, fittings
or valves discovered in consequence of this pressure test shall be removed and
replaced with sound material and the test shall be repeated until satisfactory
to the Enginee~.
Leakaqe Test: The duration of each leakage test shall be two hours, and during
the test the main or section of the main under test shall be subjected to the
above noted pressure based on ~he lowest point in the line or section under
test and corrected to the elevation of the test gage. Leakage is defined as
the quantity of water to be supplied into or withdrawn from the newly laid
pipe, or any valved section thereof, necessary to maintain the specified
'ZEL, ENGINEERS
9B03-02 104. doc
T4-7
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SECTION T4
FORCE MAIN
leakage test pressure after the air has been expelled and the pipe has been
filled with water at the test pressure. No pipe installation will be accepted
until leakage is less than the number of gallons per hour as determined by the
formula
DJP
L=133
L
D
P
Allowable leakage in gallons per hour/l000 feet
The nominal diameter of the pipe in inches
The average test pressure during the leakage test in pounds
per square inch gage(absolute value of number)
The computed maximum leakage for the total length of force main is as follows:
Pressure Test: 39 gallons, vacuum test: 10 gallons.
CLEAN-UP:
Upon completion of the installation of the water lines and appurtenances, all
equipment and debris remaining as a result of the Contractor's operations shall
be removed from the site of the work.
PAYMENT:
Payment for force main and fittings will be made on the basis of the applicable
unit prices as set forth in the Bid. Measurement to determine the length of
force main for payment shall be along the centerline of the various sizes
furnished and installed, from center to center of fittings, with no deductions
for the space occupied by valves or fittings.
The payment shall cover all costs of every kind required for clearing and
grubbing,. excavation, pavement removal, any damage to house service lines,
watez- meters or relocating service lines or water meters, maintenance of
driving surfaces, backfill, protection of utilities, cleaning up, restoration
grassing, erosion control, sediment containment, furnishing the materials,
insta.llation, disinfection,. testing and completing the installation.
Carrier pipe involved in underground crossings will be paid for under the
applicable lump sum price for each crossing and will not be included in the
measurement for payment under this section of the specifications. Except as
specifically set forth in the Payment paragraph of Section T-2 of these
specifications, all excavation, trenching, backfilling, and other related work
necessary for the completion of the work will be considered a subsidiary
responsibili ty of the Contractor- and no separate payment will be made therefor.
Payment for ductile iron fittings will be made on the basis of published
weights of compact cast iron or ductile iron mechanical joint ,fittings less
.accessories.
HPDE joints will be included in the price of the pipe in the Bid.
Payment for installation of Owner supplied pipe shall be made at the applicable
unit price set forth in the Bid.
'ZEL, ENGINEERS
9803-02 T04. doc
T4-8
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SECTION T4
FORCE MAIN
Payment for trench bedding drain shall be made at the applicable unit price set
forth in the Bid.
Pa~nent for connections to existing lines shall cover all costs associated with
increasers, reducers, installation and connection to the existing lines. No
separate payment will be made for removal of existing plugs or blocking
incidental in connecting new line to existing water line.
Payment for Restrained Joint Pipe shall be made on the basis of the applicable
unit prices set forth in the .Bid. Measurement to determine the length of water
li,ne for payment shall be along the centerline of the various sizes furnished
and installed, from the center to center of the fittings, with no deductions
for the space occupied by valves or fittings.
No other separate payment will be made for work included in this section of the
specifications and all costs associated therewith shall be included in the
appropriate lump sum or unit price item in the Bid as a subsidiary obligation
of the Contractor.
,---
'ZEL, ENGINEERS
9803-02 T04. doc
T4-9
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SECTION T5
VALVES AND GATES
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, supervision, equipment .and materials, and performing all
operations in connection with the installation of the valves, valve markers,
hydrants and appurtenances, complete, in strict accordance with this section of
the specifications and the applicable plans, and subj ectto the terms and
conditions of the Contract.
GENERAL:
All: val ves and accessories furnished by the Contractor for incorporation into
the work shall be new, unused, and of the type specified herein. Valves for
buried service shall be furnished with mechanical joint connections. Hydrants
and the associated valves shall_ have restrained MJ connections. Each valve
shall have the identifying mark of the manufacturer,. year of manufacture and
pressure rating cast on the body. All valves shall be gate valves, shall be
opened by turning counter-clockwise and shall have an arrow cast into the metal
of the operating nut or on the handle or wheel to indicate direction of
opening. ALL valves shall be furnished by a single manufacturer.
VALVE BOXES:
Underground valves shall be installed with. cast iron valve boxes having a
suitable base and shaft extension secti~ns to cover and protect the valve and
permit easy access and operation. Box assemblies shall be Mueller No. H-10357,
or equal. An lS-inch square by 6-inch thick concrete slab shall be cast around
the top of the valve box with the top of the box slab being flush with pavement
in paved areas or 2 inches above finished grade in unpaved areas.
AIR RELEASE VALVES:
Air Valve shall be a Ventomat Model OSORGXv1021 Air Valve as manufactured by
Mul.ric Hydro proj ects, Ltd. Or apprcivedequal. Height from bottom of inlet
flange (excluding studs) to the very top of the valve must be restricted to not
more than 34 inches.
PAINTING AND PROOF REQUIREMENTS:
Paintinq and Testinq: All iron surfaces of the valves shall be painted;
surfaces shall be clean, dry, and free from grease before painting. The valve
surfaces, except for seating, shall be evenly coated with a suitable primer to
inhibit rust or black asphalt varnish in accordance with Federal Specification
TT-V-51C or 512. Hydrostatic and leakage tests shall be conducted in strict
accordance with AWWA C500.
Affidavit of Compliance: The Vendor of the valves shall, upon completion of
manufacture, provide to the Owner an -"Affidavit of Compliance" in accordance
with AWWA C500.
Proof-of-Desiqn Test: Vendor shall include with his submittal certified copies
of Proof-of-Design Tests in accordance with AWWA C500.
=
'ZELI ENGINEERS
9803-02. T05. doc
T5-1 - As Revised by Addendum #1
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SECTION TS
VALVES AND GATES
INSTALLATION OF VALVES AND VALVE BOXES:
Valves and valve boxes shall b~ installed where indicated or as directed by the
Engineer. Val ves and valve boxes shall be plumb and valve boxes shall be
centered directly over the valves. Earth fill shall be carefully tamped around
valve boxes to 3 feet on all sides or to the undisturbed face of the trench if
less than that distance. Val ves shall have the interiors cleaned of all
foreign matter before installation. Stuffing boxes shall be tightened and the
valve shall be inspected in both opened and closed positions to see that all
parts are in working condition. All piping and valves shall be properly and
adequately supported to prevent movement or undue strain on the piping and
equipment, and shall have cast concrete collars at grade.
TESTING AND CLEAN-UP:
Testing and clean-up shall be performed in accordance with the provisions of
Section T-4 of these specifications. All valves shall be in place when lines
are tested. Any cracked or defective valves discovered in consequence of the
test.ing shall be removed and replaced with sound material and the test shall be
repeated until a satisfactory test is achieved.
PAYMENT:
Payment for pinch valves shall cover all costs of the installed valve, valve
box, extension and concrete slab, complete and in place.
Payment for air release valves shall be for the cqmplete installation and shall
include the auxiliary valve and valve box, the 6 inch pipe, joint connections
and restraint, crushed stone drain, and other appurtenant items, complete and
in place.
No other separate payment will be made for the work covered under this section
of the specifications. All costs in connection therewith shall be included in
the, lump sum or unit price items in the Bid.
.----
'ZEL, ENGINEERS
9803-02 'ros .doc
TS-2
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SECTION T6
BORE AND JACK CROSSING
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, supervision, equipment and materials and in performing all
operations in connection with the installation of dry bored and jacked
underground crossings as shown on the drawings complete, in strict accordance
with the specifications and the applicable plans, and subject to the terms and
conditions of the contract.
GENERAL:
Work.on road, street or highway right-of-way shall be under the superv1s1on of
the Chief Engineer of the agency, or his authorized representative who shall be
notified at least 15 days before actual work on the installation is started.
BORE AND JACK:
Force Main: Underground crossings for the force main shall consist of a
carrier pipe installed in a casing pipe. The casing pipe shall be installed
under the roadbed by dry boring and jacking. The carrier pipe shall be pushed
through the casing pipe spiders securely fastened to the carrier pipe, or in
the case of HOPE carrier pipe, without pipe spiders.
CASING:
Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000
psi. The joints shall be buEt welded. A 1/16" corrosion allowance of wall
thickness has been included in the tabulated pipe data in lieu of any coating
and wrapping requirement.
CARRIER PIPE:
Force Main: The carrier pipe for force main shall be a pipe conforming to the
requirements of the Force Main section of the Specifications. Gaskets shall be
restrained joint type.
Installation: Carrier pipe installed in steel casings shall be pushed through
the casing pipe on spiders securely fastened to the carrier pipe or in the case
of HOPE carrier pipe, without pipe spiders. The jacking operation shall
utili.ze soap or drill-ing mud as a lubricant and shall. utilize timber cushioning.
on the end subjected to the forces from the jacking device. Any damaged pipe
shall be cut off and removed from the site. After the carrier pipe has been
checked and tested,. the casing pipe shall be filled with sand and the ends
sealed with pull on rubber seals.
ABORTED BORES:
Unsuccessful bore and jack installations which must be abandoned because of
failure to meet alignment and/or grade requirements, bore and jack attempts
frustrated by obstructions, or otherwise unusable bore and jack installations
shall be completely filled with concrete. The steel casing may be left in
place or withdrawn simultaneously with the filling of the hole with concrete.
Relocation for additional bore and jack attempts shall be made after
consultation with the Engineer.
'ZEL, ENGINEERS
9803-02 TOG. doc
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SECTION T6
BORE AND JACK CROSSING
SPIDERS:
Spiders shall be Collins steel Carrie pipe supports or comparable approved
spiders appropriate for installation. Spiders, nuts, and bolts shall be heavily
coated with the manufacturer's Bituminous paint.
Pressure qroutinq where a bore and jack is called to be pressure grouted, the
Contractor shall cement pressure and grout any void outside the casing at eight
foot intervals along the top of the casing. If the injection point accepts
grout, then injections will be provided at four foot intervals. Pressure
cement grouting shall conform with Specification GA D.O..T. Section 450.
PAYMENT:
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Payment for force main under highways or canal within the payment limits shall
be made on the basis of the applicable lump sum prices for the crossings listed
in the Bid, complete, including carrier pipe, casing pipe, and all other
incidental items of work involved.
Payment for Aborted Bores shall be made on the basis of the unit price in the
Bid for the measured length of the aborted bore filled with concrete, complete
in place. To qualify for payment, the aborted bore shall have resulted from
obstructions encountered through no fault of the Contractor.
'ZEL, ENGINEERS
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SECTION T7
GRASSING
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, equipment and materials and performing all operations
required to establish a satisfactory cover of grass within all unpaved areas
disturbed by this construction. All work shall be performed in strict
accordance with this section of the specifications and the applicable drawings
and subject to the terms and conditions of the Contract.
GENERAL:
The grassing operations shall consist of preparation of the soil, including
tillage, liming and fertilizing, seeding, mulching, and watering, and
mai~tenance and repair of planted areas until a satisfactory grass cover is
obtained and the work is finally accepted.
MATERIALS:
Seed: All seed shall be Hulled Bermuda grass seed tested and approved by the
Georgia Department of Agriculture not more than 6 months prior to the date of
sowing and packaged and labeled in accordance with the Georgia Seed Laws and
Rules and Regulations in effect on the date of the Invitation for Bids. Seed
which has become wet or moldy or otherwise damaged prior to the time of sowing
will be rejected.
Aqricultural Lime shall be a pulverized limestone having the following
certified chemical and physical properties:
Total Carbonates, not less than 85%
Passing 10-mesh screen, at least 100%
Passing 100-mesh screen, at least 25%
Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10
fertilizer suitable for application by a fertilizer distributor, grain drill,
planting machine or similar sta.ndard equipment. The fertilizer shall be
certified to meet the requirements of Fertilizer Laws of the State of Georgia
in effect on the date of the Invitation for Bids. Any fertilizer which becomes
caked or otherwise damaged prior to the time of use will be rejected.
Mulch: Any of the mulch materials, consisting of forest litter, hay, straw,
hulls of cottonballs or peanuts, ground corncobs, stalks of corn, cane, potato
vines, tobacco or other stems, or peat, which are permitted under Standard
Specifications of the State Highway Department of Georgia will be acceptable
providing they are properly shredded or ground. Mulch materials which contain
seeds of species of weeds or plants which would germinate and be harmful to the
proposed planting will not be accepted. Before collection of mulch material is
begun or delivery is made, the Contractor shall submit samples for approval.
Only approved mulch from approved sources will be accepted.
Water for use in connection with the grassing operation may be purchased from
Augusta-Richmond Utilities Department, or obtained from any other approved
source. Such water shall be free of excess chlorine, or other chemicals or
substances harmful to plant growth.
r-
'ZEL, ENGINEERS
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SECTION T7
GRASSING
GROUND PREPARATION:
Prior to preparing the ground for grassing operations, all weeds, brush and
other vegetation in the areas to be planted which has not been removed during
clearing and grubbing and grading operations shall be removed from the site.
All irregularities in the surface shall be smoothed out and all roots, stone
and other foreign material detrimental to tillage, planting and proper growth
and lnaintenance of the grass shall be removed. In all areas where the topsoil
has been removed during grading operations, the topsoil which has been
stockpiled shall be returned and evenly distributed over these areas.
Objectionable foreign materials contained in the topsoil shall also be removed
as the topsoil is distributed.
LIMING AND FERTILIZING:
After the areas to be seeded have been brought to finished grade, agricultural
lime and fertilizer conforming to the requirements of this specification shall
be uniformly distributed over the areas, lime at the rate of one ton per acre
and fertilizer at the rate of 1000 pounds per acre. In areas where mechanical
spreaders cannot be used, the lime and fertilizer may be applied by hand
methods. The lime and fertilizer shall not be applied when the wind makes it
difficult to obtain satisfactory. distribution.
TILLAGE:
The lime and fertilizer shall be thoroughly and uniformly mixed with the soil
to a depth of approximately 3" by plowing~ discing and harrowing until the soil
is friable and well pulverized. Hand tillage will be required in all areas
where mechanical equipment cannot be operated.
SEEDING:
Hulled Bermuda grass seed conforming to the requirements of this specification
shall be uniformly sown by approved mechanical power drawn drills or seeders
or, in small areas, by mechanical hand seeders, at the rate of 40 pounds per
acre. The seeds shall be covered and compacted to a depth of 1/8 to 1/2 inch
by mE~ans of a cultipacker and an empty traffic roller or another roller
weighing less than 3 tons. Broadc~st seeding shall not be done when the wind
makes it difficult to get satisfactory distribution. Th~ Bermuda grass seed
shall not be planted prior .to April 15 or after September 15. Seed shall.not
be sown unless the soil has the optimum moisture content or more through a
depth of at least 3 inches.
WATERING:
After the seeds have been sown, the moisture content of the soil will be
tested. If there is not enough moisture in the soil to insure germination and
adequate plant growth, water shall be applied by sprinkling until an adequate
moisture content has been reached. In the absence of adequate rainfall during
the germination and early growth period, the Contractor will be required to
maintain the required adequate moisture content of the soil by periodic
sprinkling operations.
'ZEL, ENGINEERS
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SECTION T7
GRASSING
MULCHING:
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Mulching of seeded areas will not be required but may be employed at the option
of the Contractor as an aid in reducing eroding and conserving soil moisture.
If employed, the mulch shall conform to the requirements of this specification.
The rate of application of the mulch depends on the texture of the mulch. The
proper application will allow some sunlight to penetrate and air to circulate,
at the same time shading the ground. If desired, immediately after the mulch
is spread, the material may be anchored to the soil by a cultipacker, disc
harrow, or other suitable equipment.
ESTABLISHMENT AND MAINTENANCE:
The Contractor is responsible for providing a satisfactory stand of living
seeded grass in which gaps larger than 12 inches do not occur at the time of
acceptance of the project. Any areas which fail to show a uniform stand for
any reason whatsoever, shall be reseeded with Hulled Bermuda seed, and such
reseeding shall be repeated until acceptance by the Engineer. The Contractor
shall properly water, mow and otherwise maintain all grassed areas and any
damage resulting from erosion, washing or other causes, shall be repaired by
fill topsoil, tamping, refertilizing and reseeding at no additional expense to
the Owner, if such damage occurs prior to acceptance of the project.
GRASSING TO CONTROL EROSION:
In the event completion of grading operations of areas to be planted extends
beyond the specified grassing periods, grassing must be postponed until the
following spring season. The Contractor will be. permitted to seed such areas
with Rye .qrass at his own expense, or by mulchinq shall control erosion of the
qraded areas. All mowing and maintenance operations during the fall and winter
seasons will be the obligation of the Contractor. Erosion must be. controlled
by acceptable methods to prevent damage to the Owner's property, to adj acent
property owners, and to limit migration of silt to the streams.
GRASSING TABLE
Permanent Cover:
Fertilizer: 5-10-10; 1800 lbs. per acre
Agricultural Lime: 2 tons per acre
Mulch: 2-1/2 tons mulch hay per acre
Hulled Common Bermuda
and Browntop Millet
10 lbs./Ac.
10 lbs./Ac.
4/15 - 9/15
Temporary Cover:
Fertilizer: 10-10-10; 500 Ibs. per acre
Agricultural Lime: 1000 Ibs. per acre
Mulch: As Needed
Sudangrass
Rye Grass
60 lbs./Ac.
15 Ibs./Ac.
4/1 - 9/1
8/15 - 10/31
'ZEL. ENGINEERS
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SECTION T7
GRASSING
PAYMENT:
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No separate payment will be made for the grassing and other work covered by
this section of the specifications. All costs in connection therewith shall be
included in the applicable lump sum or unit price item in the Bid for the
completed work.
'ZEL., ENGINEERS
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