HomeMy WebLinkAboutPublic Works And Engineering Solid Waste Facility
Augusta Richmond GA
DOCUMENT NAME: P,-"b( ic Wa,tS 3 [J"<<rJ Sol:d W":'>'fe ~c; 1;~'1
DOCUMENT TYPE: CO r\trCLv-t
YEAR: 02:
BOX NUMBER: (I
FILE NUMBER: 1 (0'-1.0 C1
NUMBER OF PAGES: \32
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City of Augusta, Georgia
Contract Document and Specifications
Bid Item #02-119
Deans Bridge Road MS W Landfill Phases IIAlIIB & II C Grassing
, For
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August~, Georgia Public Works & Engineering
Solid Waste Facility
August 2002
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The term "Contract Documents" means and include the following:
(A) Contract
(B) Performance Bond
(C) Payment Bond .
(D) Dukes Environmental Contractor Bid
(E) Dukes Environmental Contractor Project Execution Plan submitted on 6/20/02
(F) City of Augusta, Georgia Bid Specifications, Bid Item #02-119
Landfill Grassing, August 2002
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CONTRACT
THIS CONTRACT, made this 26th day of Auqust, 2002,by and between Augusta-
Richmond, County, hereinafter called "Owner" and James R. Dukes Jr, doing
business as Dukes Environmental Contractor hereinafter called "Contractor."
WITNESS: That for and in consideration of the payments and agreements
'hereafter mentioned:
1. The Contractor will commence and complete the liming, fertilizing
and grassing (established) of Dean's Bridge Road MSW Landfill Phases IIA/IIB &
IIC (aprox. gO-acre area).
2. The Contractor will furnish all of the material, supplies, tools,
equipment, labor and other services necessary for the liming, fertilizing, grassing
(established ) and completion of the project described herein.
3. The Contractor will commence work required by the Contract
Documents on or before a date specified in the written Notice to Proceed and will
complete the same within 45 calendar days unless the period for completion is
extended otherwise by the Contract Documents. The Contractor further agrees to
pay as liquidated damages, the sum of $500.00 for each consecutive calendar day
thereafter as hereinafter provided in the General Conditions.
4. The Contractor agrees to perform all of the Work described in the
Contract Documents and comply with the terms therein for the sum of NOT TO
EXCEED Eiqhtv-seven thousands three hundreds dollars ($87,300.00).
5. The term "Contract Documents" means and includes the following:
(A) Contract
(B) Performance Bond
(C) Payment Bond
(D) Dukes Environmental Contractor Bid
(E) Dukes Environmental Contractor Project Execution Plan
submitted on June 20, 2002.
(F) City of Augusta, Georgia Bid Specifications, Bid Item #02-119
6. The Owner will pay to the Contractor in the manner and at such times
as set forth in the General Conditions such amounts as required by the Contract
Documents.
7. This Contract shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
Landfill Grassing/8-23-Q2
00400-1
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Contract in five (5) copies each of
which shall be deemed an original on the date first above written.
OWNER: .
A~gUsta-~ c~r~
Name ~~e~se ~~n';-;;rfType)
Title: MA-, HI
__~"l!l.~"\,
...:---- .......~lCH1I10'" ,~_
- -'\?' 000..000. '/) f"' -to
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-r- ~ "1: I ",;;i. \; ~
Name ~, 'lei . .: . ~
C (Please Print or Type) ~ r.:.. ~.' . - ~. i J J
Title _L~fL' ~ .o.~S~) .." ~
I"~, / ;;;;;~~-; . .
'l(i~ J OR:.
By: Qr____\Z~
Name: James R. Dukes, Jr.
(Please Print or Type)
Title:
Owner
Address:
P.O. Box 38
j ATTEST: .. .
#M~~
Hoboken, Georgia 31542
Name
Geraldine Edwards
(Please Print or Type)
_._ ~~~a~t ,;
.~Pub!'e, erantley County, Georp'
My CommIssion Expires July 12. ';;.1101
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Note: Attest for a Corporation must be by...the sQr~o{~e s~Gretary; for a partnership
by another partner; for an individual by a~Jota'r:y. j?' ~: .
~"",,- ;~ ........ ,'~
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Title
Landfill Grassing/8-23-02
00400-2
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that IVukes Grassing.
Company ~,ca corporation / Partnership / sole Proprietorship / Corporation
of
the
State
of
GporpiA
the
"Principal,"
and
The Cincinnati Insurance Company. POBox 145496
r.~nr;nnRt; l Ohio 4S7.S0-0127
Name and Address of Surety
the "Surety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia, in the sum
of $87.300.000 in lawful money of the United States, for the payment of
which sum in lawful money of the United States well and truly to be made we do
hereby bind ourselves, our heirs, executors, administrators, successors. and
assigns jointly and severally.
The condition of this obligation is such that whereas Principal has entered
into a certain Contract with the Owner, dated as of the 26th day of September
I 2002, which is by reference incorporated in and made a part hereof as fully as if
copied here verbatim, for the following work:
The Liming, Fertilizing and Grassing of Dean Bridge Road MSW Landfill
Phases IIAIIIB & IIC (approx. gO-acre area).
NOW, THEREFORE, if the Principal shall in all respects comply with and
perform all the terms and conditions of the Contract (which includes Specifications,
and-Contract Documents) and such alterations as may be made in said contract as
the documents therein provide for, during the original term thereof and any
extensions thereof which may be granted by the Owner, with or without notice to
Surety, and during the one year warranty period, and if Principal shall satisfy all
claims and demands and shall indemnify and save harmless the Owner against and
from all costs, expenses, damages, injury, or conduct, want of care, skill,
negligence, or default, including compliance with performance guarantees and
patent infringement by the Principal, then this obligation shall be void; otherwise,
Principal and Surety jointly and severally agree to pay to Owner any difference
between the sum to which the Principal would be entitled on completion of the
contract and that which the Owner may be obliged to pay for the completion of the
work by contract or otherwise, together with any damages, direct or indirect, or
consequential, which Owner may sustain on account of such work, or on account
of the failure of the Principal to keep and execute all provisions of the Contract.
Landfill Grassing/8-23-02
00510-1
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Principal and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly and severally, that if the Principal shall keep and
perform its agreement to repair or replace defective work or equipment during the
warranty period of one (1) year as provided, then this paragraph shall be void; but
if default shall be made by Principal in the performance of its contract to so repair
or replace said work, then this paragraph shall be in effect and Owner shall have
and recover from Principal and its Surety damages for all defective conditions
arising by reason of defective materials, work, or labor performed by or on the
account of Principal and it is further understood and agreed that this obligation shall
be a continuing one against the Principal and Surety hereon, and that successive
recoveries may be had hereon for successive breaches until the full amount shall
have been exhausted; and it is further understood that the obligation therein to
maintain said work shall continue throughout said maintenance period, and the
same shali not be changed, diminished, or in any manner affected from any cause
during said time; and to fully save and hold the Owner harmless for any damages
it may be caused to pay on account of injury to person, loss of life or damage to
property.
And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by
any extension of time, modification, omission, addition, or change in or to the
contract, the work to be performed thereunder, or by any payment thereunder
before the time required therein, or by any waiver of any provision thereof, or by any
assignment subletting or other transfer thereof, or of any part thereof, of any work
to be performed, or of any moneys due to become due thereunder; and the said
Surety does hereby waive notice of any and all such extensions, modifications,
omissions, additions, changes, payments, waivers, assignments, subcontracts, and
transfer, and hereby stipulates and agrees that any and all things done and omitted
to be done by and in relation to executors, administrators, successors, assignees,
subcontractors, and other transferees shall have the same effect as to said Surety
as though done or omitted to be done by and in relation to the Principal.
. IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereunto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the 28th day of
August , 2002.
Landfill Grassing/8-23-02
00510-2
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CONTRACTOR - PRINCIPAL:
G ssing Company,
Name: James R. Dukes, Sr.
(Please Print or Type)
Title:
President
ATTEST:
1\(1\( (d 'W\,D~\\\~S
Namet-tc\ rf '0\ ~, 1JWi...~~
\ (Please Print or 'ype) I
Title (SEAL)
Note: Attest for a corporation ust be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
SURETY: Cincinnati Insurance Company
By: }J~,",- ~/
Name: H. Don James
(Please Print or Type)
Title: Attorney-In-Fact
Agency: J. Sm; th Lanier & Co.
Address: P. O. Box 758
WITNESS:
/de{aM~ f jJvad:1-.
Wavcross. Georgia 31502
. ~Ify Publle, Brantley County G .
. . eor 18
\ CommISsIon Expires July 12. 20g4
. ,
/"; ;,....~ -:
:~
Name
Geraldine Edwards
(Please Print or Type)
Notary
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Title
(SEAL)
Note: Surety companies executing Bonds must appear on the treasury r"~
Department's most current list (Circular 570 as amended) and be authorized: to .
transact business in the state where the project is located.
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Landfill Grassing/8-23-02
0051 0-3
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that J)ukes Grassin~ompany,
IDe. ,a corporation / Partnership / sole Proprietorship / Corporation
of the State of Georf?ia the "Principal," and
The Cincinnati Insurance Company. P. O. Box 145496
Cincinnati, Ohio 45250-0127
Name and Address of Surety
the "Surety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia. in the sum
of $87.300.00 in lawful money of the United States, for the payment of which
sum in lawful money of the United States well and truly to be made we do hereby
bind ourselves, our heirs, executors, administrators, successors, and assigns jointly
and severally.
The condition of this obligation is such that whereas Principal has entered
into a certain Contract with the Owner, dated as of the 26th day of September,
2002 , which is by reference incorporated in and made a part hereof as fully as if
copied here verbatim, for the following work:
The Liming, Fertilizing and Grassing of Dean Bridge Road MSW Landfill
Phases IIAIIIB & IIC (approx. gO-acre area).
NOW, THEREFORE, if the Principal shall fully pay for all the labor and
materials used by said Principal or any immediate or remote subcontractor or
furnisher of labor or materials under him in the performance of the work in lawful
money of the United States as the same shall become due, including all amounts
due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on
machinery, equipment, and tools, consumed or used in connection with
performance of the work and all insurance premiums and other charges incurred
under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
Principal and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly and severally, that they shall promptly make
payments of all taxes, licenses, assessments, contributions, penalties, and interest
thereon, when, and if, the same may be lawfully due the State of Georgia or any
County, Municipality, or political subdivision thereof by reason of and directly
connected with the performance of the Contract, or any part thereof.
Landfill Grassing/8-23-02
00520-1
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And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by
any extension of time, modification, omission, addition, or change in or to the
contract, the work to be performed thereunder, or by any payment thereunder
before the time required therein, or by any waiver of any provision thereof, or by any
assignment subletting or other transfer thereof, or of any part thereof, of any work
to be performed, or of any moneys due to become due thereunder; and the said
Surety does hereby waive notice of any and all such extensions, modifications,
omissions, additions, changes, payments, waivers, assignments, subcontracts, and
transfer, and hereby stipulates and agrees that any and all things done and omitted
to be done by and in relation to executors, administrators, successors, assignees,
subcontractors, and other transferees shall have the same effect as to said Surety
as though done or omitted to be done by and in relation to the Principal.
IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereunto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the ?RTh day of
All~l1 ~ t ,2002 .
r,ONTRACTOR - PRINCIPAL:
Dukes G ssing Company, Inc.
.'
By:
Name: James R. Dukes, Sr.
(Please Print or Type)
Title: President
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ATTEST: s~.~.#-~ }*~... ~
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Name \, \0 '{ ( \ , . \ U t\~ %:~ ~~~" _"f'
(Please Print or Type) ';.,......~:~~,\~1.i';\'"
Title ;:s:.,.. l><>:fr~ h ~r (SEAL). .
Note: Attest for a corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
Landfill Grassing/8-23-02
00520-2
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SURETY:
Cincinnati Insurance Company
By: 1J~9-~ -/
Name: H. Don.James
(Please Print or Type)
Title: At torney- In- Fac t
Agency: J. Smi th Lanier & Co.
Address: P.O. Box 758
Waycross. Ga. 31502
WITNESS:
~A2L2~ ~au~aJU~
Name
Geraldine Edwards
~~
. ~~ Srantley Coum}l. n..."'....i."
ray CommISsion Expires Jr" .~~ _ ,:, ; (,
>". Geom€ ';.'~' ~ ~':: ~
'lj 4--
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(Please Print or Type);
'Notary
(SEAL)
~~
A.~ $
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S:- -:';..r?~'.^ .\'"
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/'-
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Note: 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. .
Title
Landfill Grassing/8-23-02
00520-3
THE CINCINNA TIINSURANCE COMPANY
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Fairfield. Ohio
POWER OF ATTORNEY
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KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY. a corporation organize:d unde:r the laws
of the State: of Ohio. and having its principal oftice in the City of Fairfield. Ohio. doe:s he:re:by constitute: and appoint
I
H. Don James; Robert Hardell and/or Charles Benoit
I
of Waycross Georgia . its true arid lawful Attorne:y(s)-in-Fact to sign. execute. seal
and deriver on itJ behalf as Surety. and as its act and deed. any and all bonds. policies. undertakings. or othe:r like instruments. as follows:
Any such obligations in the United States, up to
Two Million and No/lOa Dollars ($2,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company ,It
a meeting held in the. principal office of the Company. a quorum being present and voting. on the 6th day of December. 1958. which
resolution is still in effect:
I
"RESOL VED. that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-Fact
of the Company to execute any and all bonds. policies. undertakings. or other like instruments on behalf of the
Corporation. and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed .by such Attorneys-in-
Fact shall be: binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company." .
This Power of Attorney is signed and sealed by facsimile unde:r and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December. 1973.
"RESOL VED, that the signature of the President or a Vice President and the seal of the Company mJY be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary and TreJsurer and the seal of the Company
may be affixed by facsimile to any certificate of any such power and any such power of certificate beJring such facsimile
signJture and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by
certificate so executed and sealed shall, with respect to any bond or undertJking to which it is attached, continue to be
VJlid and binding on the Company."
IN WITNESS WHEREOF. THE CINCINNATI INSURANCE COl...1PAi\Y has caused these presents to be sealed with it5
corporate seal, duly attested by its Senior Vice Preside:nt this 14th day of April, 1996.
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T7J::;Z;;:CE @IPA~Y
5,"io' Vi" P'''id:!!7
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STATE OF OHIO
COUNTY OF BUTLER
) ss:
)
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On this 14th day of April. 1996, before me came the above-named Senior Vice President of THE CINCIN:--;ATI I;-';SURAi\CE
COMPANY, to me personally known to be the officer described herein. and acknowledged th:llthe seal affixed to the preceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly aftixed and subscribed to said
instrument by the authority and direction of said corporation.
,.tl:.:!rr~lt..
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I. the undersigned Secretary of THE CINCINNATi INSURANCE CO~IPA;-';Y. hereby certify that the above is a true and correct
copy of the Original Power of Attorney issued by said Comp~lnY. and do hereby further certify that the said Power of Attorney is still in full
force and effect.
~..J"~" 0
I
HENRY G. BERLON, Atlorney At Law
Notary Public State of Ohio
~ly commission has no expiration date.
Section 147.03 R. C.
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BN-IOOS (4196)
Client#: 2576
74DUKESGRASS1
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYY)
0.8/28/0.2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
OOUCER
SL & CO. of Waycross
P. O. Drawer 758
aycross, GA 3150.2
12283-6490.
INSURERS AFFORDING COVERAGE'
Dukes Grassing Co. Inc.
POBox 127
Hoboken, GA 31542
_INSU~~R A:_.Z~ric:.~~n_!i~!.a"-c~. .~.~,="i~es, ..I~c. .____ _ ._.. . ._____.a__. ....
_'NSU~.~_R_B:_~e~.i~_':l...I_':1_sy~a~.ce _~!>..___..__._..__._______.___.. .___..
INSURER C:
INSURER D:
INSURER E:
OVERAGES
-HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
AY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
OLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '
/. - . -...-----.------.-----.--.-r----u----.-----...-....-:----..------- --.---.-------.--- _a....
~ TYPE OF INSURANCE POLICY NUMBER Pgk'fEY ~~6~~~E P%~~J ~X~~t~'~N
GENERAL LIABILITY SCP36468545 0.7/0.2/0.2 0.7/0.2/0.3
~X:!_~.o-"\MERCIAL GENER~ lIABILllY
..._ __.I CLAIMS MADE [~JOCCUR
_~:lp~~~~_e_~~~~~_===
GEN'L AGGREGATE L1M IT APPLIES PER:
. .-1 POLICY ,-.. I P~o.r ,.-) LOC
AUTOMOBILE LIABILITY
X ANY AUTO
LIMITS
EACH OCCURRENCE $1 &l!Q,DDQ__
~E DAMAGE (Anyone fire) $30.0. 0.0.0.
MED EXP (Anyone person) $10. 0.0.0.
PERSONAL & ADV INJURY $1 DDDLDDD
~ENERAL AGGREGA TE $2;Q.o.Q,QQ~_
PR~~~!_S~~I.1~OP A~~_ _$~LDgQ,()OQ_.__
SCP36468545
0.7/0.2/0.2
0.7/0.2/0.3
COMBINED SINGLE LIMIT
(Ea accident)
$50.0.,0.0.0.
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accidanl)
$
,
-.----.--.
PROPERlY DAMAGE
(Per accident)
$~
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EXCESS LIABILITY I
__J OCCUR [J CLAIMS MADE
- ....1 DEDUCTIBLE I
I. RETENTION $ I
WC615760.93
:._GA.~AGE LIABILITY
I , ANY AUTO
r' -,
_~UTO ONLY ::..~A AC_<?I~_~ _$______
OTHER THAN
AUTO ONLY:
EA ACC $
-..-.-.-- .._--_.__._-_._---~
EACH OCCURRENCE
AGGREGATE
AGG $
$
$
$
$
$
0.9/13/0.1
0.9/13/0.2
WC STATU. OTH.
1:.QRY..:.JMJIS ..E..R
E.L. EACH ACCIDENT $10.0,00.9
5.:.~~SEASE-=--EA E~PLOYEE $1 OO,Q.Q.Q____
E.L. DISEASE. POLICY LIMIT $500,000.
$5,00.0. Rented or leased
Equipment FI
SCP36468545
07/02/0.2
07/0.2/0.3
DESCRIPTION OF OPERA nONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
i AD DITIONAL INSURED ;INSURER LETTER:
CANCELLATION
~
Augusta-Richmond County-
Richmond County Purchasing Dept
530. Green St. Room 60.5
Augusta, GA 30.911
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 10._ DAYS WRITTEN
NonCETOTHE CERTlFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL
IMPOSE NOOBLIGATION OR LIABILITY OF ANYKJND UPON THE INSURER,ITS AGENTS OR
.H"",..nrnA ,,"r.A"."''''
I )(W
@ ACORD CORPORATION 1988
Client#: 2576
74DUKESGRASS1
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDNY)
08/28/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ODUCER
L ~ Co. of Waycross
P. O. Drawer 758
laycross, GA 31502
2 283-6490
- -...----.----------- .-..----- -----.. .----.--------.--.---.---.----..-.--...----
INSURED
INSURERS AFFORDING COVERAGE
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Dukes Grassing Co. Inc.
POBox 127
Hoboken, GA 31542
..-------------.'---. ~--
_INsu.':I~~_~.:._.z~_~_~_~_.I_rl~l.I~~n.c~_s.~rv!c:.~_s.!....I'"!.c::~__._~____.______
..I.~URE~ _B:__ ':egi~!'._I_':!.~~!.a"-_~~_c::_o_____ .__.__________
INSURER c:
INSURER D:
INSURER E:
VERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
IoLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
'.1---- - - ~~E ;;~~~~~~~;----I POLICY NUMB~;-- - - --- P8k'fEY ~'Xg~~Clp%'i!fl ~1~~>>~N"l LIMITS
A GENERAL LIABILITY SCP36468545 07/02/02 07/02/03 EACH ~CURRE~~E_ $1,000-,000__
I X COMMERCIAL GENERAl LIABILITY F-'.~_~MAG.E (Any on,:!!~el $~QQ.Q.<!Q....--
. ..~ . _'u.l CLAIMS MADE Lx] OCCUR ~ED EXP (Any o!'.ey~E.~ nQ..Q.Q_L-__
X PO _Ded~250... ____ ___.___ PERSONAL & ADV INJURY .~,OOO.Q.QO
I -- .________._____u_.__.._ GENERAL AGGREGATE $2.J!.QQ,000
GEN'L AGGREGATE LIMIT APPLIES PER: ~~<?DU~~.<?~~EP A~ ~,_().Q.Q~Q.9j)__
\ POLlCY-\ PRD.j. \- '-1 LOC
A AUTOMOBILE LIABILITY SCP36468545 07/02/02 07/02/03
I X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
I X HIRED AUTOS
X NON.OWNEO AUTOS
., - --.-.--.--- ..__..u_..___n_ ._.
GARAGE LIABILITY
....._1 ANY AUTO
EXCESS LIABILITY
-.J OCCUR [] CLAIMS MADE
1- ..j DEDUCTIBLE
RETENTION $
B I WORKERS COMPENSATION AND WC61576093 09/13/01 09/13/02
EMPLOYERS' LIABILITY
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A I OTHER Equipment FI SCP36468545 07/02/02 07/02/03
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DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS 'ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COMBINED SINGLE LIMIT
(Ea accident)
$500,000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
,
PROPERTY DAMAGE
(Per accident)
.
$:
~IJTO ONLY. EA ACCIDENT $
$
$
$
OTHER THAN
AUTO ONLY:
EA ACC
AGG
EACH OCCURRENCE
AGGREGATE
-L-____
$
--- -..----.-----
_________ u$_____..____.
WC STATU-
IOBH1M!IS
.~:..L. EACH ACClpENT $100,000
.~!::'Q'SEASE . EA EMP.!:.OYE~ .$1 Q9-,-000
E.L. DISEASE - POLICY LIMIT $500,000
$5,000 Rented or leased
$
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RTIFICATE HOLDER
I f>D o 1110N AL INSURED;INSURER LETTER:
CANCELLATION
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Augusta-Richmond County-
Richmond County Purchasing Dept
530 Green St. Room 605
Augusta, GA 30911
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0__ DAYS WRITTEN
NOTlCETOTHE CERTlFICATE HOLDER NAMED TOTHE LEFT, BUT FA/LURE TODOSOSHAlL
1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
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(;) ACORD CORPORATION 1988
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BID
..- .
ProjecT Description:
Dean Bridge Road MSW LandfilL Grassing
Proposal of James R. Dukes, Jr.
(hereinafter called "Bidder"); doing business as Dukes Environmental Contractor
(~Corporatlon, ~ parmershlP. an IncilVldullJ)
To Augusta-Richmond County (hereinafter called "Ov.'ner").
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for landfill grassing
project having examined the Specifications with related documents and the site of the
proposed work, and being familiar with all conditions surrounding the proposed grassing
project including the availability of materials, labor, equipment and water, 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
price(s) stated below. This price(s) is to cover all expenses including overhead and profit
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 the written "Notice to Proceed" of the Owner and to fully complete the
project within 45 consecutive calendar days thereafter 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 the General Conditions.
Bidder acknowledges receipt of the following addenda:
Addendum #1
May 20, 2002
'.
Base Bid: Bidder agrees to perform all tl;1e work of the Dean Bridge Road MSW
Landfill, Phases II AIIIB &IIC (approx. 90-acre area) Liming, Fenilizing and permanent
Grassing (established) complete with appurtenant and acc~ssory work described in the
Specifications and shown on site yisit within 45 consecutive calendar days for the lump
sum amount of:
Total Base Bid* e'4-~1 .5-(u~. fi()"-5~ :f{1'l.~~ ~~~
($ 87,.3 0 ().Ae" ). .
dollars
CONTRACTOR=s Schedule of Values
Landfill Grassing/4-8-02
00200-22
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For changes in quantities (add or deduct) of the following work items directed by the
Engineer in writing, the following. unit prices are bid below. Changes in quantities
required to accommodate equipment as bid have been reflected in the Price Bid and shall
not be subject to adjustment Unit prices listed here will include all material, labor,
testing, taxes, and any other cost required to provide a complete and established grassing.
These unit prices must be shown. The Owner reserves the right to negotiate or reject any
unit price listed for changes in work prior to execution of the Agreement if, in the opinion
of the Owner, the unit prices listed do not reflect fair and competitive prices for the work
or at the time any extra work is executed.
CONTR..<\CTOR=s SCHEDULE OF VALUES
he
m Description Unit Unit Price Bid
No.
1. Removal ofunsuitable material c.Y. n;flt dJ"f'!. J f.-fI, ($ '1.
and replace with suitable soil SO ) ,
Dollars and Cents
2. Grassing (established growth) S.Y. 5/ 'lto(tM ~f~ ($
~JID)
Dollars and Cents
.. Fertilizer (material and 100L OM 1,~.J5'f1l'"~ h.t($ /7 J: ya ~
;).
application) BS o () )
Dollars and Cents
4. Limestone (material and 100L :!:r t!,'t~f r- ~ ($ .5 8. ~e +tit
application) BS
5. Dollars and Cents
Soil Excavation C.Y. ..JOclfi doL~j t,~ ($ l/.
or )
-. Dollars and Cents
j/,IUtI II'J!k~I-;;~($ .
6. Erosion Control May (material S.Y. 5.
and installation) SO )
Dollars and Cents
Landfill Grassing/4-8-02
00200-23
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P.02/03
Purchasing Department
Geri A. Sams, PurdaasiDg Director
Room 605., Municipal Building
530 Greene Street - Augusta, GA 30911
(706) 821-2422 - FAX (706) 821-2811
To: All Bidders .
From: Geri A. Sams
Date: May 20. 2002
Re: Bid Item #02-119 Deans Bridge Rd landfill Grassing
Addendum # 1
Please Dote the following addition to your bid package:
Response to Berdon Incorponted and Dukes Environmental Contracton submitted
writteD questioDB is foUow:
DUKES ENVIRONMENTAL CONTRACTORS
Questions: See attached sheet.
QuestiollS: -. See. attached sheet
Response: 1) Bid Document addresses Seeding Method. Please read. SECTION
02100 GRASSING. The issue is addressed under Section 3.04 SEEDING
(Bid Document Page 02100-]40).
2) "Mulched and 'Unmulched Area"
a)Include mulching entire 90 acres iil the base bid as required;
b)Add Item 7 under CONTRACTOR SHEDULE OF V ALVES (Bid
Document Page 00200-23);
Item Description Unit
7 Mulching (material Acre
Unit Bid ~ce 0
-jluue "'~J $30a ~
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The Bid stated hereinbefore shall include all laboL materials. bailing. shoring. remcw:.d.
overhead. profit. insurance, etc., to cover the finished work of the several kinds called for.
Selected subcontractor=s forms must be completed and accompany the Bid.
Bidder understands that the Owner reserves the right to reject any or all Bids and to
waive any informalities in the bidding.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of
90 calendar days after the scheduled closing time for receiving Bids.
Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the
fonnal Contract attached within ten (10) days and deliver a surety Bond or Bonds as
required by the General Conditions. . The Bid security attached in the sum of ten percent
(10%) of the total Bid is to become the property of the Owner in the event the contract
and bonds are not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
Respectfully submitted:
James R. Dukes, Jr
BY:~
~ &(-
Signature
Title:
OWner
Dukes Enviramnmental Contractors
P.o. Box 38
Address:
. Hoooken, Ga 31542
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ATTEst:
~<~AL~
'.
Name
Geraldine Edwards
(please Type)
Off M::rr
(SE.I\L)
Title
~Pub~e,.Brantley County, GeorgIa
My CommissIOn Expires July 12. 2004
Note: Attest for a corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
Landfill Grassing/4-8-02
00200-24
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NONCOLLCSJ01\ AFFJDA VIT OF PRUdE BIDDER
State of Georgia
County of Brantley
James R. Dukes, Jr
. being first duly sworn, deposes and says that:
(1)
He or sheis Owner
(Owner. Palln~r. Office:.. Representauve. or Agent)
of Dukes Enviromnmental , the Bidder that has submitted the auached Bid;
Contractor
(1) He or she is fully informed respecting the preparation and contents of
the auached Bid and of all peninent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm '
or person to submit a collusive or sham Bid in connection with the Contract for which the.
attached Bid has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, :finn or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta-
Richmond County or any person interested in the proposed Contract; and
(5) The price orprices quoted in the attached Bid are fair and proper and are
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, represeDtatives, owners, employees, or paniesin interest,
including this affiant.
.
I.
(Signed) ~ '__ ~
(Title) Own
"
Subscribed and Sworn to before me this 29
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Of f 1>%1r
day of May
., 2CP2.
My commission expires
(Title)
~Jtubne, Drantlat, Co
AtyComm" -.~ unty, GeorgIa
~S,g~ f:rc'r" July l~ 2004
(Da e '
(SEAL )
L:mdfill Grassingl4-8..Q2
00400-30
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BID BOND
ts-~CIlIt-..J
2002
OMB NO.: 8000-0046
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Pl<bIic reponing Ilutden for Ihls aa1ecUan of ntormalian in eSlirnnIIIl to -aoe 25 minures per r'!ISPDnse, including 1he lime for ~ inan.cIian.. -.ching I!JIiiIMg esn.
-. 9IIIhemg .., mainto,,;,.;.oQ ",. dlfta needed. end ~b,," end AIviewing lI'le CGIectian of ~ &.nd cam.._.. IIlpding 1M bunMn ___ or ~ Olher
BSPeCt of this aaIeaaoro 01 informaian, incbling suggl!SlioN lOt reducing lhis Ilurden, to the FAR Secremri8r IMVRl. FedenII ~ ~ DMsian. GSA" WahingTDn. DC
20405.
PAL (1.Bga _ Mtt1 bu:sIness ~ _
Dukes Grassing Company, Inc.
Georgia Highway 121 South
P. O. Box 127
Hoboken, Georgia 31542
Cl"DIVIOUAI..
D.JOINT Ve.T\JRE
[J' PARTNEAsHp
EJ CORPORA TlON
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SURETYllESI (~end /Ju:sina61ldt1tea1
r.P()r~irl
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The Cincinnati Insurance Company
P. O. Box 145496
Cincinnati, Ohio 45250-0127
PENAL SUM OF BOND
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10
. 120
000
00
II
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PERCEWi'
OF 110
PRlct M1Ll.JON(SI
AMOUNT NOT TO EXCEED
Tl'i0USAHD1S1 HUHDREO!Sl CENTS
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City of Augusta
We, the Princ~ and Surety(i8lll are firmly bound to the United States of America lhereinafter c.l1ed the Go_..,~ in the above penal am. For
payment of the penal sum. we bind Ourselws. ~ heins. executors. administrators. and succ:.sors. jointty and SllVera/ly. Ho_II8r. where the _
Sureties are corpOrations acting as C01Ureties, we, the Sureties. bind ourselves in suen IIUm "jointly.-td severely. u well u "severa/ly" only tor the
purpose of allowing a jom action or actions against any or al of us. For an other PIJFPO&IIs. each Surety binds itself. joi'rdy lW1d sell8l'aly with the
PmcA, for the paymem of the sum sho~ CIPPOSite the name of Ihe Surety. If no limit of liability is indicated, the limit of liabiity is the fulIlD'TIOLrIt
of the penaf sum. .
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C~[)ITDNS:
The Principal has sutrnitl8d the bid identified abOve.
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THEREFORE:
The 400118 obligation is void if the Principal. la) upon acceptance by the Government of the bid identified abow. within Ihe period specified therein for
acceptance Isixty 160) days if no period is soec:ified), 1IX1ICUtIIS Ihe further COntractUal doc:urnena; and gives the bondls) reQUired by the tIlrms of the
bid as aCCllpted within the time specified It en 110) days if no period is specifllld) after receipt of the forma by the principal: or Ibl in the ewnt of failure
to execute Sl.d1 further contractual documents and give suctl bonds, pays the Government for any COst of procuring the work which exceeds the
amount of the bid. .
each Surety executing this instrument agr- that its obligation is not irT"Qaired by any extension(s) of the tme for acceptance of the bid that the
Principal may grant to the GOll8rnment. Notice to the suretylies) of extensionhs) are waill8d. Howewr. waiver of the not'ce applies only to extensions
aggregating not more 1han sixty leO) calendar days In addition to the period originally allOWed for accePTance of the tJid.
WITNESS:
The Principal and Suietynes) execUted this bid bond I1Ild affixed their _Is on the above date.
=. PRINCIPAL
'2..
3.
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NAMEISI
TIT lEtSI
rrypslJ
I.
James R. Dukes,
President
2.
fSft/J
3.
fSft/I
Cor{lOnlte
Seal
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SlGNATUREIS) I.
NAMEISI 1.
(rVDe(11
IS.n
2.
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t; SIGNA. TURS
a::
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CoO
CORPORATE SUAETYtlESI
STATE OF IHC.
Insurance Company
120 000
STANDARD FORM 24 (REV. , o-NI
Pr8scrIlecl by GSA . FAR 148 CRQ 53.228/8)
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'T1TU:lSl
rr~1 Don James,
I AUTHORIZED FOR LOCAL REPRODUCTION
~~..~
2..
,,-':.r:.'~:'rJ'_
,e.''':' ~.\ ~I L. -, :::~. .'.r
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~:::::':I.::::~ ~ .:.~~.:.~'.~.;~..~.
:-.:... . ..&.--.. .,.,":. ':',.:.;. e _.. _;.
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\)i.~~B~;~t%/
-;'.1,(." ~ C r ..:....;......
'.'ill"::,.. .:~ ~ ,:.~.
I 1. the undersigned Secrel:uy of THE CINCINNATI INSURANCE COL\IPA~Y. hereby certify Ih:1r lhe :lbo~'e is :l true :lnd correel
copy of the Origin:ll Power of Anorney issued by.s:lid Company. :lnd do hereby further certify Ihal Ihe s:lid Power of Auomey is still in full
(orce :lnd effect.
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F:1irfield. Ohio
POWER OF A rrORNEY
KNOW ALL MEN BY THESE PRESENTS: Th:1tTHE CINCINNATI INSURANCE COMPANY.:l corporation or~anized under the l:lws
of the St:111~of Ohio. :lnd having its princip:l1 office in the City of F:1irjjeld. Ohio. does hereby conslilule :lnd :lppOinl
H. Don James; Robert Hardeil a~d/or Charles Benoit
of Waycros~, Geo.rgia . " ils,u:ue :1nd l:lwf~1 Altomey(sH,n-F~ctto sign. execute. se:l.!
:1nd dcrivcr on Ill> beh:llt as Surety. :1nd as Its aCI and dced. anY:1nd all bonds. pollclcs. underulkangs. or other like Instruments. :IS follows:
Any such obligations in the United States, up to
Two Million and No/100 Dollars ($2,000,000.00) .
This :1ppointment is mnde under :1nd by authority of the following resolution passed by the Bo:1rd of Directors of said Comp:lny :If
a meeling hcld in the:" principnl office of thc Compnny. a quorum being present ~d voting. on the 6th dny of Deccmber. 1958. which
resolulion is slill in ef(~ct: .
"RESOLVED. th:ll the President or any Vice President be hereby nuthorized. and empowered 10 appoint Attorneys-in-Fact
of the Comp:lny to execute any and all bonds. policies. undcrt:akings. or other like instrumcnts on be:h:1lf of the
Corpol':1tion. and may :luthorize any officer or any such Attorney-in-F:1ct to nffj)t thc corporatc scal; nnd m:1Y with or
wilhoul Ciluse modify or revoke any such appointment or nuthority. Any such writings so e)tcculcd b): such AUomeys-in-
FacI shall be: binding upon the Company as if they h:ld been duly e)tecutcd and :lcknowledged by the regul:1rly elected
officers of the Comp:lny." .
This Pow~r of Attorney is signed and scaled by facsimile under and by the authorilY of thc following Resolution :ldopted by the
BO:1rd of Directors of the Comp:lny :It :1 meeting duly c:llled and held on the 7th d:lY of Deccmber. 1973.
"RESOL VED. th:1t the sign:llure of the Prcsident or n Vice President nnd the se:11 of the Comp:1ny m:ly be: affi.'ted by
facsimile on nny power of attorney granted. and thc sign:Hure of the Secretary and Tre:1Surer :lnd Ihe se:ll of the Comp:1ny
m:lY bc nffhed by f:lcsimile to an)' certificale of any such power nnd nny such power of certific:lte be:1ring such f:1csimile
sign:lture :lnd seOlI sh:1ll be vnlid and binding on the Comp:1nY. An)' such power so" cxccuted :1nd seOlled :lnd certified by
ccrtificOllc so e.'tecuted and sealed sh:1ll. with respect to any bond or undert:1king III which it is :lU:lched. continue to be
v:1lid nnd binding on the Company."
IN WITNESS WHEREOF. THE CINCINNATI INSURANCE COMPAi\Y hilS c:1used Ihese presents to be senle:d with il.i
corporate se:ll. ~uly nllested by its Senior Vice President this 14th dny of April. 1996.
T;tJ~;:CE COMPA~Y
. 5"'0' V;" P",;d::!7
STATE OF OHIO
COUNTY OF BUTLER
) ss:
)
On this 14th d:lY of April. 1996. before me came the nbove-named Senior Vice Presidenr of THE CIi\CIl\~A TI I~SURA~CE
COMPANY. to me person:llly known 10 be Ihe officer described herein. and :lcknowledged Ih:lt Ihe se:ll nftixed to the preccding instrument
is the COrpOr:lle seill 'of s:lid Company and the COrpor-lIe se:ll and the sign:lture of the officer were duly afli)tcd and subscribed to said
instrument by the nUlhorilY nnd direclion of SOlid carpor-Hion.
~-?\..Q.
'.
o
HEI\R Y G. SERLOI'. Auomey At L:lw
NOI:lry Public SI:1tc of Ohio
r-.ly commission has no e)tpiration dOlte,
Section 147.03 R. C.
GIVEN under my hand :lnd se:11 of s:lid Comp:1ny nt Fairfield. Ohio.
29th d:1yof May >>i 2002
o~~~
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AUGUSTA;.RICHMIOND COUNTY GOVE;RNMENT
APPLICATION FOR PREQUALlFICA TION
DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART A:
GENERAL INFORMATION
1.0 APPLICATION INFORMATION
1.1
Name of Applicant
JCI1'E5 R. Ili<ES Jr.
1.2 Address of Applicant
a. Mailing: P.o. Box 38
Hoboken, GA 31542
b. Business: Dukes Environmental Contractors
Dukes Grassing Company, Ine.
Hwy 121 s. Hoboken, GA 31542""
c.
Telephone number:
912-458-2342
d.
Fax number:
912-458-9339
1.3 State licenses held: .
1.4 Local licenses held:
No. 399
No.293 Brantley County
1.5 If Applicant is a corporation, indicate:
a. State of incorporation:
b,
Name and addresses of officers of the corporation and their
length of time with corporation.' Indicate by an ... those are
authorized to sign contracts.
'.
years
years
years'
years
years
c. Number of years corporation has been in business
Augusta-Richmond County
Application for Prequalification for Grassing for Deans Bridge Road landfill-2002
Page 13 of 10
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1.0 APPLICANT INFORMATION (Continued)
1.6 " If Applicant is partnership, indicate:
a. Names and addresses of all partners"
b. Date of organization:
1.7 If applicant is sole proprietorship, how long have you been in continuous business:
1,8 How many persons are permanently employed by your company? 9
1.9 What is your total bonding capacity?
1000000
1.10 What is your approximate current remaining bonding capacity?
~ ~ ca~ I, l... . 00
1.11 What is the name, address, telephone number and contact person for your
. predominant bonding company?
JSLINS
P.O. Drawer 758
Waycross, GA 31502
Liz Williams
912-283-6490
1.12 Do you propose to use this company as surety? y
1.13 List all names previously used by Applicant:
-
1.14 List all companies, firms, or organizations that own any part of your
organization:
2.0 APPLICANT PROJECT HISTORY
Augusta-Richmond County Page 14 of 10
Application for Prequafification for Grassing for Deans Bridge Road Landfill-2002
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2.1 How many years experience in the proposed type and size of construction
work has your orgahi::ationhag:
(1 )
(2)
As a general contractor:
As a subcontractor:
32 yr
2.2 Have you ever failed to complete any work awarded to you? _ if so, explain:
NO
2.3 In the past 10 years, has your organization ever been released from a bid?
~ if so, list name of the project, Owner's name,.address, and phone number,
and state the reasons for each instance.
2.4 Has any officer partner of your organization even been an officer or partner of
some other organization that failed to complete a construction contract?
No if so, state name of individual. other organization, and give details:
2.5 Has any officer or partner of your organization ever failed to complete a
construction contract handled in his own name? No if so, state name
of individual, and give full details:
2.6 Have you ever had any resolved liens filed against your company that
resulted in a loss of any or all your retainage? No if so, please list.
2.7 HCW5 you ever been refused surety, bond, or liability insurance? If so explain:
Augusta-Richmond County Page 15 of 10
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
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2.0 APPLICANT PTOJECT HISTORY (continued)
2.8 Attached a general resume setting forth the Applicant's experience, technical
qualifications, financial statement, and organizational ability to perform the
proposed construction (grassing). Include title and names of key personnel.
Attached
2.9 Provide qualifications of the project personnel who will perform the work.
James R. Dukes, Jr.
Has supervised V<3rinm:: rrnjCC't~ for 15yrs. 'SPP ~t-:t-::lr'''hM
2.10 What construction/landscaping projects does your organization currently have
under contract and what is the anticipated completion date? Give the name
and location of each project, name of owner, description of project and
current disputes and/or claims. (Attach additional pages as necessary).
~ ~t-:t-:::Ir"'''hM
2.11 Attach a list of your clients (list shall be a minimum of three clients long)
served over the last five years of which you have done landscaping work that
most closely resemble the grassing of the Deans Bridge Road Landfill.
Please be complete. Thi~ information will be used to determine your
organization's ability to perform the work specified in timely manner. Use,
complete, and submit Part C: Form for Similar Scope Projects and
References for each project. Blank forms are attached at the end of
prequalification package.
2.12 Set forth the name, addresses, and current phone numbers of at least four (4)
-- of your,clients who will act as reference~, having knowledge of the type and
quality of 'work you have, performed; one part C: Form for Similar Scope
Projects and References shall be attached for each references.
2.13 Attach your safety record or the last three (3) years.
2.14 Any involvement in lawsuits related to the construction industry? Yes
No x Explain:
Augusta-Richmond County Page 16 of 10
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
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RESUME
JAMES R. DUKES, JR.
1706 Camellia Drive
Waycross, GA 31501
Birth Date
August 25, 1967
Education
University of Georgia, 1 Year.
Graduated Brantley Co High School 1985
Emplovment Historv
Dukes Grassing Company 1984-present
Work Experience
Errosion Control, Grassing & Landscaping
Construction. .
Personal And Professional References:
Dixie Roadbuilders, Inc.
P.O. Box 1588
Waycross, Georgia 31502
912-283-6645
Alton Walker I Ed Avra
Littlefield Construction' Company
P.o. Box 1985
Way~ross, georgia 31501
912-283-6171'
Dave Litttlefield I-Dan Littlefield
The Scruggs Company
P.O. Box 2065
Valdosta, Georgia 31604
912-242-2388
Ferrell Scruggs, JR.
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2.0 APPLICANT PROJECT HISTORY (Continued)
2.15 in the past five (5) years, describe your company's involvement in e>:tra work
(change orders/ contract amendment). As a minimum, the history associated
with extra work on similar scope projects.
Project Project
of Total Dollar
Name Award Dollars
Amount E^1ra Number
Requests Amount
See Attached
Augusta-Richmond County
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
Page 17 of 10
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DUKES ENVIRONMENT AI.. COl\"TRACTORS
DDKES GRASSING COMPANY INC.
P.O. BOX 38, HWY 121 S
HOBOKEN, GEORGIA 31542-0127
PH: 912-8-2342 FX: 912-458-9339
05-1-02
Some completed projects:
1. Baptist Village
P. O. Drawer 179
Waycross, GA 31502
Mr. William Day 912-283-7050 Ext 146
.. Various Projects: Road & ditch work, Pavilion Project, Lake spill work, Concrete boat ramp , '
Drainage Repairs. 1996-1999 S 113,000.00
2. Canlden County Board of Comrn;qioncrs
P.O. Box 99
Woodbine, Ga. 31569
Ftichard 912-576-5601
.. Excavating & loading of accumulated sediments & vegetation from the existing Dunn Branch Canal.
Feb. 2000, SI5,000.00
3. DNR
One ConseIvation Way Suite 11
Brunswick, Georgia 31520
David Edwards 912-262-3173
.. Dike Renovation at Altamaha, Wlldlife Management Area, Excavator Work With Operator
August-November 1998 S 50,244.00
4. Department of The Treasmy
Federal Law Enforcement Training Center
GlynCQ, Q~ 31524 .
Willie Moore 912-267-3155
.. Hydroseeding Hills on Obstacle Course atFLETC in Bnmswick , GA June 1999 S 8,950.00
s. J. A Jones Management Services, Inc.
P.O. Box 47248
Kings Bay, GA 31547
Ed Mattocks 912~73-8742
.. Clean Out Lime Lagoons, Naval Subbase~ IGng, Bay, GA March-April 1999 $ 29,101.00
.. Con-ect DIy Dock Drainage
6. JAW Contractor, Inc.
2751 Tabby Road
Mershon, GeOIgia, 31 S 5 1
l.A Williams 912-449~027
.. Furnish & Install Guardrail Southbridge at Hardin Canal, Chatham County, Ga. ~ov 1998 $19,128.00
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Dl1K:ES E\"VIRONME:\"'T AL CONTRACTORS
DUKES GRASSING COMPANY, INC.
.' .
,7. Littlefield Construction Company
P.O. Box 1985
Waycross, Ga. 31502
Dave Littlefield 912-283-6171
.. V mous Grassing Projects 1996-1997
S 128,870.00
8. Department of the Navy
P.O. Box 139
Naval Air Station
Jacksonville, Fl 32212
.' Xata1ie Finhohn 912-673-2670 . . _
.. North River Bank Stabilization and WoOdstork Feeding Area Naval Submarine Base, Kings
Bay, Ga. ~ov. 1997-August 1998 S 677,861.00
9. NRCS
Federal Building Room 225
355 East Hancock Ave.
Athens, GA 30601
Carolyn C. Adams 7~546-2062
Emergency Watershed Protection Work, At DSR Site ~o. 073-002, Columbia County, GA
AprilI998 S 19,495.00
.. Land Rehabilitation, Bethel Berm, Ft Stewart, GA May-June 1999 S 18,934.00
.. Land Rehabilitation, Low Water Crossings, Ft Stewart, GA Sept-Nov. 1999 S 202,328.00
.. Land Rehabilitation Red Cloud Echo Assault Platoon , Ft Stewart, GA Nov 1999 S 21,756.00
10. Scott Peterson Construction Company
645 X. Lane Avenue
Jacksonville, 1'1 32254
George Prescott 904-693-2331
Woodbin~ Warenront F.nhancemcnt Project, Camden Coumy, Ga. March -May 1998 S 82,109.00
.. US1 Scenic Parkway, Waycross,Ga. August -November 1999 S 467,639.00
.. Calahan & Ridgewood Post Office Landscaping 2000-2001 131,789.00
..
11. Poppell Eller
104 Key Drive
Brunswick, Ga. 31520
Bud Myrick 912-:264-4952
.. Various Projects 1996-1999
S 58,51200
12. Trigcn Bio Power
Suite 370
9140 Arrowpoint Blvd
Charlotte, X C. 28273
Charlie Dullo 912-882-2287
.... Various Projects .n Gilman Paper Company Site work, ~ grading, pipe & drainage work.
Feb. -Dec. 1999 S 224,688.00
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DUKES a'VIRO!\1ME!\1'fAL CO!\'TRACTORS
DUKES GRASSING COMP A.W, INC.
13. US ACE, Savannah District
P.O.Box 889
Savannah, Ga. 31402-0889
Trey Myers 912-652-5063
.. Dike Maintenance/Dewatering, Naval Submarine Base, Kings Bay, Ga. 1995-1998 S 1,191,299.00
14. US ACE
P.O. Box 919
Charleston, S. C. 29402-0919
Kevin Widner 803-743-9454
Sand Fencing Project, Myrtle Beach, S.C.
..
1997-1998 $389,000.00
15. USDA Forest Service
Savannah River Forest Station
P.O. Box 710
New Ellenton, SC 29809-0710
Homer Gabard Ph: 803-725-0239
.. Provide & install sod various sites, SRS
.... Removal & Install box culvert
.. Met .Lab Channel Rehabilitation
April 1997 - MAY 2000 S 460871.08
March 2001 63,763.50
April 2001 190, 741.50
16. DE? ARTME'iT OF THE ARL\1Y
HQS 3D IN Div Mech Ft Stewart
l042 William R Wilson Ave. Suite 219
Fort Stewart, Georgia 31314-3300
Willie M. Barnett Ph: 912+-767-1272
.. Const:ructForward & Refuel Point, Ft Stewart, Ga December 2000 April 2001 $142500.00
17. US ACE, Mobile'District
P.O. Box 2288
Mobile, AL 36628-0001
Charlie Danford Ph: 334-441-5521
Operation & Maintenance of GoVernment owned Facilities & Equipment, Lake Seminole,
. Chattahoochee, Fl.. ' XOV 1996 - OCT. 2001 ~873,225.04
18.. Overstreet Electric Co. Inc
4220 X Davis Hwy , Bldg B
Pensacola, Florida 32503
. Russell Garlow Ph: 850-432-0025
Dewatering at Savannah Harbour Sub Contract. $ 23000,
Grassing at Savannah Harbour 67850.
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Respectively Submitted
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Duns ENVIRON?\.1E1\l'f AL CONTRACTORS
DUKES GRASSING COMPANY, INC.
19,
McIntosh Development Authority
P. O. Box 896
Darien Ga. 31305
Pat Perdue 912-437-6659
Various Projects $ 159,780.00
See below list of contracts now lDlder construction.
1. GSACE
P.O. BOX 889
SAVANNAH, GA 31402-0889
Walt Lanier PH: 912-652-5894
Dike &; disposal area maintenance @ Kings Bay, Ga
Multi Year Contract Wark Orders Appr, . $ 722848.
James R. Dukcs.,.JR.
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3.0
,.t' .
3.1
3.2
3.3
APPLICANT PROJECT APPROACH
What type of wO~k pertaining to landfill grassing project wouid you perform
with your own employees?
A1.1 Types
What type of work you anticipate subcontracting?
None
Provide a c~rrent list of equipment owned by the applicant: (Attach additional
pages as necessary)
Finn T120 Hydroseeder , Scarbourgh Dr~ll Deeder, Br~llon ::seeder ,~
Reinoo Mulch Blower, '3930 & 6610 4x4 ford tractor,Pro Roller 2000 Sod
. Installer
HOWard Rotlvator
3.4
List the major items of equipment that you normally leaselrent and provide
supplier's name and phone numbers: (Attach additional pages as necessary)
N/A
This form must be completed in its entirety including Affidavits for Projective
Bidder to qualify. Failure to disclose all pertinent information requested may
be cause for rejection of the Bidder.
Augusta-Richmond County '.
Application for Prequalification for Grassing for Deans Bridge Road Landfil/-2002 '
-
Page 18 of 10
I DUKES GRASSING COMPANY, INC. EQUIPMENT LIST 12- 1 Q..Q1
.., .
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1 o FORO EXCURSION o EXCELLENT 1 FMSU41 FXYEB39554
I 1 1 FORD F250 4 DOOR 4X4 P/U 99 EXCELLENT 1 FTNW21 F2XEAAG399Q
1 3 FORO F-35Q EXT CAB P/U 1 EXCELLENT 1 FTSX31 F01 EB9802e
1 9 FORD 150 PICK-UP 89 GOOD 1 FTDF15NOKNA79976
I 1 7 FORD LN 9000 TRUCK 81 GOOD DYVV88QU2BVJ44537
1 89 FORO TRUCK 89 GOOD 1 FDYV95W8KV A21161
1 89 FORD TRUCK 89 GOOD 1 FTYY95W7KV A59873
I 1 WESTERN STAR TRUCK TRACTOR 93 GOOD ZWKPDCCF8PK931926
1 6 INT. 1900 DUMP TRUCK 87 GOOD 1HTLDWPN9HH474230
1 12 GMC 3500 DUMP TRUCK 85 GOOD 1 GDHC34M3FS524406
1 14 GMC WINCH TRUCK 69 GOOD J190A-0061786
I 1 MACK TRACTOR 85 GOOD 1 MINI79Y6FA096076
1 16 KENWORTH TRUCK TRACTOR 89 GOOD 1 XKBD59XXKJ518211
1 FRUENAUF DUMP TRAILER 68 EXCELLENT 30FT FWJ270501
I 1 ' HONDA FOURTRAX 98 EXCELLENT 478TE2OOOW A309019
1 HARDING BOAT TRAILER 89 EXCELLENT T413255
1 55 YAMAHA MOTOR 96 EXCELLENT 722555
I EQUIPMENTW/BOAT 95 EXCELLENT
19' CAROUNA SKlF 96 EXCELLENT EKHR0160L596
1 KOMATSU ROTARY DITCHER ' EXCELLENT PC6O-5 262981072695101 H
I 1 DSHXl CAT BULLDOZER 89 EXCELLENT 8RC-1719
1 JOHN DEER BACKHOE 90 EXCELLENT T031OCAn1872
1 DOZER RAKE
I 1 STACKING RAKE 99 EXCaLENT
1 TRACK HOE BUCKET EXCELLENT
1 UNKBELT28LR EXCAVATOR 95 EXCELLENT E71S3165
1 KOMATSU PC8O-3 HYDRAULIC EXCAVATOR GOOD PC-83
I 1 CAT 320B HYD EXC GOOD SN3MROO38Q
1 GAL/ON ROAD GRADER ASOOE GOOD 11291
1 LAND LEVELER GOOD
I 1 CAT WHEEL LOADER WI8UCKETIRAKE 88 EXCELLENT 936E 33Z00994
1 BOBCAT n3 95 EXCELLENT 509636585
1 HARLEY POWER BOX RAKE EXCaLENT S68E078
I 1 ~OBCAT AUGER MODEL 15 EXCELLENT 187402042
1 BOBCAT 30" AUGER EXCELLENT 09817
1 FORKLIFT INT. ALL TERRAIN GOOD 0440076U003101
I 1 AIM FIXED THUMB GOOD
1 FORD 6600 TRACTOR EXCELLENT E009220
1 FORD 6640 TRACTOR AlC,' , EXCELLENT
I 1 BROWN TREE CUTTER GOOD
1 2310 DITCH WITCH 89 GOOD
1 ' LANDSCAPE MAINTENANCE GN TRAILER EXCELLENT 1253000
1 GOOSENECK WATER TRAILER 15000 94 GOOD
I 1 ETYNRE LOWBOY TRAILER 92 GOOD R396/1 E9D20203NE111 06
1 HYSTER TRAILER 72 EXCaLENT 16219
1 LOWBOY TRAILER 42 FT. 87 EXCELLENT T158629
I 1 FLATBED TRAILER GOOD 7428
1 UTILITY TRAILER GOOD
1 UTILl1'Y TRAILER 60 GOOD T3055
I 1 EQUIPMENT TRAILER 90 GOOD 1297487
1 WELLS CARGO TRAILER 14" 93 EXCELLENT 1WC200F27P30255974
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I DUKES GRASSING COMPANY, INC. EQUIPMENT LIST 12-19-01
I 1 TANDEM BOBCAT TRAILER 98 EXCEllENT 4YYNTE1428W22n592
1 WELLS CARGO TRAILER 16' GOOD
I 1 STORAGE CONTAINER. 20' GOOD
1 20' SEED CONTAINER GOOD
1 FORD HAY RAKE GOOD A-100817 '
I 1 KUUN HAY FLUFFER EXCELLENT X5041
1 NEW HOLLAND DISK MOWER EXCELLENT W1464
1 HARDEE MOWER 6' EXCELLENT 1'9072490
I 1 JOHN DEERE 616 6' MOWER EXCELLENT
1 BA1WING MOWERS GOOD
1 HOLLAND FRAIL MOWERS GOOD
I 3 ALAMO MOWERS GOOD
1 PUSH MOWER EXCELLENT
TROYBIL T TILLER EXCELLENT 21 090TG
ROME TAM-6-28 HARROW GOOD SIN 3TAM-91
I 1 TAYLORWAY HARROW EXCELLENT 1050259H
1 MALETTl ROTlV A TOR EXCELLENT 904626
1 HOWARD ROTlVATOR EXCELLENT 769309103OE011925
I 1 LfLL/NGSTON PLOW GOOD
1 BOX BLADE GOOD
1 ROlLERlPACKER GOOD
I 1 SEEDER & CUL T1PACKER GOOD
1 BRILLION SEEDER GOOD
1 BERMUDA KING SPRIGGER EXCELLENT 2633
I 1 BERMUDA ,KING SPRIG HARVESTER EXCElLENT 2534
1 VICON FERTILIZER SPREADER EXCELLENT
1 CROSS 6 ROW SPRAYER EXCellENT MODEL 14 MEA
1 1000 GAL WATER TANK & PUMP EXCEllENT
I 1 HONDA TRASH PUMP GOOD 3705784
1 USED HOTSEY HYDRAULIC PUMP GOOD
1 3" WATER PUMP EXCELLENT 2955376,
I 1 Z'WATER PUMP EXCELLENT
1 MIG WELDER EXCELLENT 7056122L
1 MILLER C-P 200 AMP 3PHRASE WELDER EXCELLENT
I MIlLER BOBCAT WELDER EXCELLENT
1 AIRCO WELDER EXCELLENT
1 SEARS AIR COMPRESSER GOOD
I 1 JOY AIR COMPRESSER EXCELLENT
1 STANLEY BOSTICH AIR COMPRESSER EXCELLENT
1 SAYLOR BELL AIR COMPRESSER 73 ,GOOD 579671 579750
I 1 BLACK MAX SHOP AIR COMPRESSER EXCELLENT 468783
AIR COM PRESSER PORTABLE EXCELLENT
1 ROBIN GENERATOR EXCELLENT 08C 0833
1 HONDA GENERATOR EXCELLENT
I 1 EZ TRENCHER EXCELLENT 9340176
1 CLOD BUSTER , GOOD
1 CONCRETE SAW EXCELLENT 7360212
I 1 ASPHALT SAW EXCELLENT DGC123
1 MILWALKEE HD CIRCULAR SAW EXCELLENT 60718147
1 MAKITA MITRE SAW EXCELLENT
I 1 MAKIT A ROTARY HAMMER DRILL EXCELLENT
1 POST HOLE AUGER EXCELLENT
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DUKES GRASSING COMPANY, INC.
1 HUSQV ARNA AUGERS
1 RED MAX AUGERS
, WEED TRIMMERS
1 POWER EDGERS
1 PRESSURE WASHER SIMPSON
1 BEDDING PLOW
1 3 SOTrOM PLOW
1 SHURFLOW 25 GAL SPRAYER
1 HUSQVARNA CHAIN SAWS,
1 LASER PLANE MEASURING SYSTEM
2 COBRA CB RADIOS
2 LATHE
2 SAFE
1 FIREPROOF SAFE
1 DRILL PRESS
1 BAND SAW
1 CONCRETE MIXER
.. LEASED
EQUIPMENT LIST
12-19-01
,.. .
EXCELLENT
EXCELLENT,
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
EXCEUENT
EXCELLENT
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
850263
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AUGUSTA-RICHMOND COUNTY GOVERNMENT
APPLICATION FOR PREQUALlFICA TION
DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART B:
CONTRACTOR'S FINANCIAL STATEMENT
The attached certified financial statement presents fairly the financial condition of
.. No event or transaction has
occurred from the financial statement date to the present that materially alters this
firm's position or ability to consummate this firm's contracts. I agree to furnish
additional information, if required.
By:
Title:
Date:
I have examined the financial records of the above organization for the period
ending and, in my opinion, the statements present fairly the
financial position of at that date. . In addition, I have no
personnel financial interest or affiliation with this organization or individual.
Certified Public Accountant
Provide the bank name, address, and name of the account manager with an
accredited banking institution familiar with your banking history.
- Bank Name:
Southeastenl Bank .
Hoboken, GA
Account Manager.
Shirley Wainwright
Address:
P.o. Box 37
Hoboken, GA 31542
Telephone:
912-458-2116
Augusta-Richmond County Page 1 9 of 10
Application for Prequalificalion for Grassing for Deans Bridge Road Landfill-2002 ..
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AUGUSTA-RICHMOND COUNTY GOVERNMEf\!T
APPLICATION FOR PREQUALJFICA TION
FOR THE DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART C:
FORM FOR SIMILAR SCOPE PROJECTS AND REFERENCES
(Project number ~..co'~ of
Project name and location:
..-~ ; ~ ~ 0 c;.c:....1. p,.. e..z.c:.... :!:.!Y'\ rrC'hJ ~ NU)js ~s<;~
Contract amount: q ~ / 'is" '-.l-v. 00
Extra claim amount:
days
Year completed ~o (
Completion time '. -+ D Au." ~
Description of worle
~ r-; I l S-.eQ nO..0 L.0/"t?, u:... Co c. P-
. /
=,qA-~
Name, address, and telephone number of owner:
o u .~ -L-...., D ~ S'A"\c-.', ~~: -.J c::\- <::'<5-1"\ <;;1-r ~d-; 0 1'. . ::I:.t'\c.
~ ." . .
4.., I.o f'" "L)("'JJ...j" ~ . 1+. . '\ I, ~ \ ~-<:- oJ 13
Q .~<:"C.l. c- --. \C'4 ). F \- ~ ~CS 03 - ~S()., If-~d..-oO k5
Name, address, and telephone number of Architect or Engineer:
1...ull.lCi/l GrJ~sinl:/4.X'U2
'UO:WU,2U
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This form should be copied as necessary to provide one page per similar scope
project (Item 2. 11) or reference (Item 2. 12)
l..;Jndfill Gmssing/4-b-02
00200-21
08/20/2002 13:20 FAX 912~589339
JAMES R. DUKES
41'101
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DUKES ENVIRONMENTAL CONTRACTORS
P.O. BOX 38, HWY 121 S
HOBOKEN, GEORGIA 31542-0038
PH: 912.8.2342 FX 912458-9339
E-MAIL: dgcinc38@yahoo.com
FAX MESSAGE
DATE:
(, - a..O,:", O~
'.
TO COMPANY: C1u \~~\ 1 'n\ ; c W~ ~
ATTENTION: . U \. ~~H ~~ 1f\0..4\C)? c .
FROM: ~,.\lo. ~ ~.1cA~~ ~~
,
MESSAGE:
-rn C" 'mn.(L\G.
- ,
9\Rn..:1 a .c.ll~_ J\Q,O~~ ~~ ~
~. ~O~=- ,~,,: do~. RcL. ~...J.. (l,......c....s..;.~:.-..
C D.-
-ffo-u LU ~ ~ ' 6. ~ " , " : r';,J -u...., h~ n A c1( LlIJ~-
~) 11'r)QJ.
~
. -
~- -'.. ,~:::-~
-.
NO OF PAGES: ~ (INCLUDING COVER SHEET)
,
IF YOU 00 NOT RECEIVE ALL THE PAGES AS INDICATED PLEA~;E
CALL (912-458-2342)
06/20/2002 13:20 FAX 9124589339
JAMES R. DUKES
/4)002
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~~espectively t.ubmi~cd ..
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DUKES ID..rvm.ONME~'T AL CO~'TRACTORS
P.O. BOX 38 HWY 121 S.
. HOBOKEN, GEORGIA 31S42
FEIN 58-2512965
PHONE 912-4S8-2342 F.AX 458-9339
CEll PH: 912-281-5252
Augusta Public Works &: Engineering',
Ann: Dr. Hameed Malik, P.E.
Mmmicipal Building, Room 701
530 GreeQ:Street
August1, Gcrogia 30911
RE: Deans Bridge Rd. MSW Landfill Phases IIAIIIB & lIe Grassing
Project Execution Plan
Dear Dr. Malik,
Deans Bridge Road Grassing Project Execution Plan
1. Soil Analysis
2. Seedbed prepatation: Since existing grasses are presen~ bahaia, sericea lespedezL
common Bermuda and weeping lovcgrass. Seedbed preparation shall be held to a
, minimom not to disturb existing grasses.
3. Mulch to be determined by owner on site.
4. Apply lime at determined rate .from soil analysis.
5. Apply fertilizer at determined rate from soil analysis.
6. Owrseed at determined rate. '
Overseeding by drill seeding is a seeding technique used exclusively when existing grassc:s are
present The process of drill seeding consists ofhydraulically injecting seed at a ccntrelle:! depch
through existing grasses. Therefore minimi:ring erosion.
By fim applying fertilizer and lime theoverseeding process starts. After two overseeding passes,
the fertilizer and lime are inc;orporated into the.top layer of soil thus t:raPping the seed ferlilizer
and lime in the crevices left behind. In most part the areas to be seeded are stabilized frc m the
existing room.
It is of this Companys' opinion that the existing bahaia, sericea lespedeza., common berm'lda and
weeping lovcgrass should not ~ disturbed any more than necessary.
Please feel free to call with any questions or concerns you may have.
James R Dukes, Jr.
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TABLE OF COl'iTENTS
I Page
Invitation to Bid 00010-1
Instructions to Bidders 00100-1
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Bidding Requirements and Documents
I Bid 00200-1
Bid Bond 00310-1
Parmership Cenificate 00320-1
I Corporate Cenificate 00330-1
Noncollusion Affidavit of Prime Bidder 00340-1
Noncollusion Affidavit of Subcontractor 00350-1
I Contract Documents
Contract 00400-1
Performance Bond 00510-1
I Payment Bond 00520-1
Contract Regulations
General Conditions 00600-1
Supplemental General Conditions 00700-1
I Detailed Specifications
Occupancy 01010-1
I~' Coordination of Work 01020-1
Grades, Lines and Levels 01030-1
Regulatory Requirements 01110-1
Preconstruction Conference 01210-1
I Progress Meetings 01220-1
Construction Scheduling 01230-1
Construction Facilities 01240-1
I Temporary Utilities 01250-1
Job Site Security 01260-1
Dust Control 01270-1
Transportation and Handling 01280-1
I Storage and Protection 01290-1
Cleanup 01310-1
Project Record Documents 01320-1
I Warranties and Bonds 01330-1
Clearing and Grubbing 02010-1
Temporary Erosion Control 02020-1
I Grassing 02100-1
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INVITA TJON TO BID
Au!!Usta-Richmond Count\': Geor!!ia.
(Owner)
Separate sealed Bids, in duplicate, for furnishing of all materials labor, tools, equipment,
and appurtenances necessary for Bid Item #02- J 19, Dean Bridge Road 1'1S,\\' LandItlI
Grassing, will be received by the Owner at the offices of Geri Sams, the Augusta-
Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, GA
30911, until 11 :00 a.m. local time on May 30, 2002.
The project cpnsists. of the following:
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An approximately 90-acre landfill side slopes and tops grassing, liming, and
fertilizing and appurtenances.
A mandatory prebid conference and site visit will be held at Augusta-Ri,chmond County
Purchasing Department, 530 Greene Street; Room 605, Augusta, Georgia 30911 on May
16, 2002 at 10:00 am. All bidders must attend the prebid conference and site visit to
acquaint themselves with the site and scope of work. Copies of the Contract Documents
and Specifications will be available from the Purchasing Department. Any selected
bidder that does not attend the prebid conference and site visit will be disqualified from
bidding and their bids will not be accepted.
After the Prebid Conference, the Instructions to Bidders, Fonn of Bid, Form of Contract,
Forms of Bid Bond, Performance Bond, Payment Bond, Specifications, and other
Contract Documents may be examined during business hours at the follO\ving:
Augusta Public Works and Engineering Department
530 Greene Street, Room 701
, No partial sets of documents will be provided.
Any bidder who wishes to bid on the Deans Bridge Road Landfill Grassing
Project is required to complete and submit the Application for Prequalification
documents (including all instructions and forms) regardless if whether the Bidder
has previously qualified for other work for the Augusta-Richmond County
Government. Pre qualification Application, in duplicate, shall be submitted
separately in a' sealed envelope marked "Prequalification-Grassing Project".
A ward, if award is made, will be to the qualified, lowest responsive, responsible bidder
on the ltimp sum bid per the bid proposal form.
Landfill Grassing/4-8-02
000] 0-
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Each Bid must be accompanied hy a cashier's check on a duly authorized bank, a certified
check of the Bidder, or a bid bond prepared on the Form of Bid Bond anached hereto, duly
executed by the Bidder as principal and having as surety thereon a surety company listed in
the latest issue ofD.S. Treasury Circular 570; in the amount often percent (10)% of the Bid. ~
Certified checks or cashier's checks shall be made payable to the Owner. Such checks or bid
bonds will be returned promptly after the Owner and the accepted Bidder have executed the
Contract, or, if no a\vard has been made within ninety (90) days after the date of the opening
of Bids upon demand of the Bidder at any time thereafter, so long as he has not been notified
of the acceptance of his Bid.
,Each Bid must be submitted in a sealed envelope, addressed to the Owner. Each sealed
envelope containing a Bid must be plainly marked on the outside as, uBid ltem #02-119, Bid
for D'ean Bridge Road MSW Landfill Grassing." .
If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another
envelope addressed to the Owner.
Any and all Bids not meeting the aforementioned criteria for Bid submittal, will be declared
nonresponsive, will not be opened, and will be returned to the Bidder unopened.
All Bids must be made out and submitted on the proposal form furnished for this pUIl'ose and
in accordance with the instructions in the Instructions to Bidders. No interlineations,
additions, or deletions shall be made in the proposal form by the Bidder.
The Owner reserves the right to waive any informalities or to reject any or all Bids, to
evaluate Bids, and to accept any Bid which in its opinion may be for the best interest of the
Owner.
Bidders are cautioned that sequestration of bidding documents through any source other than
the office of the Purchasing Department is not advisable. Acquisition of bidding documents
from -unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate
information upon which to base his proposal..
No Bids will be received or accepted after the above specified time for the opening of Bids,
Bids -submitted. after the designated bour will be deemed invalid and returned unopened to the
Bidder.
The successful Bidder for this Contract will be required to furnish a satisfactory Performance
Bond and Payment Bond in the amount of 100% of the Bid,
It is the wish of the Owner that minority businesses be given the opportunity to bid on the
various parts of-the work. This desire on the part of the Owner is not intended to restrict or
limit competitive bidding or to increase the cost of the work. The Owner supports a healthy
free market system that seeks to include responsible businesses and provide ample
opportunity for business growth and development,
No Bidder may withdraw his Bid within ninety (90) days after the actual date of the opening
thereof
Augusta-Richmond County Page 3 of 10
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OVv'NER:
AUGUST A-RlCHMOND COUNTI', GEORGIA
(Date)
Augusta-Richmond County Page 4 of 10
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rNSTRUCT10NS TO BIDDERS
1. ReceiPt and Qpenin~ of Bids
Augusta-Richmond County, Georgia (herein called the "Owner"). invites Bids from
the selected bidders on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner at Augusta Richmond
County Purchasing Department, 530 Greene Street, Room, 605, Augusta, GA
30911, until 11 :00 a,m, local time, on May 30, 2002.
The Owner may consider informal any Bid not prepared and submitted in
accordance with the provisions hereof and may v,'aive any informalities or reject
any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for
the opening of Bids or authorized postponement thereof. Any Bid received after
the time and date specified shall not be considered. No Bidder may withdraw a Bid
within 90 days after the actual date of the opening thereof.
2. Preparation of Bid
Each Bid must be submitted on the Bid for Contract forms bound in the Contract
Documents. All blank spaces for Bid prices must be filled in, in ink or typewritten,
in both words and figures. (In case of discrepancy, the amount shown in words will
govern.) All required enclosed certifications must be fully completed and executed
when submitted,
Each Bid must be submitted in a sealed envelope, addressed to the Owner, Each
sealed envelope containing a Bid must be plainly marked on the outside as, "Bid
Item #02-119, Bid for Deans Bridge Road MSW Landfill Grassing."
If forwarded by mail, the sealed envelope containing the Bid must be enclosed in
another envelope addressed to the Owner at Augusta-Richmond County Purchasing
Department, 530 Greene Street, Room 605, Augusta, GA 3091 L
Any and all Bids not meeting the aforementioned criteria for Bid submittal, will be
declared nonresponsive, will not be opened, and will be returned to the Bidder
unopened.
3. Subcontracts
The Bidder is specifically advised that any person, firm, or other party to whom it
is proposed to award a subcontract under this Contract must be acceptable to the
Owner.
Augusta-Richmond County Page 5 of 10
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10.
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4. TeleL'Taphic Modifications
..<\ny Bidder may modify his Bid by teleh'Taphic communication at any time prior to
the scheduled closing time for receipt of bids, provided such telegraphic
communication is received by the Owner prior to the closing time, and, provided
further, the Owner is satisfied. that a written confirmation of the telegraphic
modification over the signature of the Bidder was mailed prior to the closing time.
The telegraphic communication should not reveal the Bid price but should provide
the addition or subtraction or other modification so that the final prices or terms
will not be known by the Owner until the sealed Bid is opened. If ",'litten
confirmation is not received within two days from the closing time, no
consideration will be given to the telegraphic modification.
5. Method of Bidding
The unit or lump sum price for each of the several items in the proposal ef each
Bidder shall include its pro rata share of overhead and profit so that the sum of the
products obtained by multiplying the quantity shown for each item by the unit price
represents the total Bid, Any Bid not conforming to this requirement may be
rejected as informal. The special attention of all Bidders is called to this provision,
for should conditions make it necessary to revise the quantities, no limit will be
fixed for such increased or decreased quantities nor extra compensation allowed,
provided the net monetary value of all such addition or subtraction in quantities of
such items of work (i.e., difference in cost) shall not increase or decrease the total
original contract price by more than twenty-five (25%) percent, except for work not
covered in the Specifications as provided for under "General Conditions" and
"Supplementary Conditions."
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the
ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner
all such information and data for this purpose as the Owner may request. The
. Owner reserves the right to reject any Bid if the evidence submitted by, or
investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly
qualified to carry out the obligations of the Contract and to complete the work
contemplated therein. Conditional Bids will not be accepted.
7. Bid Security
Each Bid must be accompanied by a cashier's check on a duly authorized bank,
certified check of the Bidder, or a Bid Bond prepared on the Form of Bid Bond
attached hereto, duly executed by the Bidder as principal and having as surety
thereon a surety company listed in the latest issue ofU. S. Treasury Circular 570, in
the amount of ten percent (10%) of the Bid Certified checks or cashier's checks
shall be made payable to the Owner. Such checks or Bid Bonds will be returned
promptly after the Owner and the accepted Bidder have executed the Contract, or,
Augusta-Richmond County Page 6 of 10
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if no award has been made within 90 days after the date of the opening of Bids.
upon demand of the Bidder at any .time thereafter, so long as he has not been
notified of the acceptance of his Bid.
S. Liquidated Dama[!es for Failure to Enter into Contract
The successful Bidder, upon his failure or refusal to execute and deliver the
Contract and Bonds required within 1 o days after he has received notice of the
acceptance of his Bid, 'shall forfeit to the Owner, as liquidated damages for such
failure or refusal, the security deposited with his Bid.
9. Time for Completion and Liquidated Dama[!es
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within
45 consecutive calendar days thereafter. Bidder must agree also .to pay as
liquidated damages the sum of$500.00 for each consecutive calendar day thereafter '
as hereinafter provided in the General Conditions.
10. Conditions of Work
Each Bidder must inform himself fully of the conditions relating to the construction
of the project and the employment of labor thereon, Failure to do so will not
relieve a successful Bidder of his obligation to furnish all material and labor
necessary to carry out the proVisions of his Contract. Insofar as possible the
Contractor, in carrying out his work, must employ such methods or means as will
not cause any interruption of or interference with the work of any other Contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the Specifications, or other prebid documents
will be made to any Bidder orally.
Every request for such interpretation should be in writing addressed to Purchasing
, Director, Augusta-Richmond County, Room605, 530 Greene Street, Augusta,
Georgia 30911; and to be given consideration must be received Wednesday, May
22,2002 by the close of the business day 5:00 p.m. eastern standard time. 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 faxed and later
mailed by certified mail with return receipt requested to all prospective Bidders (at
the respective addresses furnished for such purposes), not later than three (3) 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 a part of the
, Contract Documents.
12. Security for Faithful Performance
Augusta-Richmond County Page 7 of 10
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Simultaneously with his delivery of the executed Contract. the Contractor shall
furnish a surety Bond or Bonds as security for faithful perforn1ance of this Contract
and for the payment of all persons performing labor on the project under this
Contract and furnishing materials in connection with this Contract. as specified in
the General Conditions included herein. 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.
13. Power of Attornev
Attorneys-in-fact who sif:,'11 Bid Bonds or Contract Bonds must file with each Bond
a certified and effectively dated copy of their Power of Attorney.
14. Notice of Special Conditions
Attention is particularly called to those pans of the Contract Documents and
Specifications which deal with the following:
(a) Inspection and testing of materials
(b) Insurance requirements
(c) Surveys, permits, and regulations
15. Laws and Rerrulations
The Bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the Contract throughout,
and they will be deemed to be included in the Contract the same as though herein
written out in full,
16. Obligation of Bidder
. At the time of the opening of Bids each Bidder will be presumed to have inspected
the site and to have read and to be 'thoroughly familiar with the Contract
Documents (including all addenda). The failure or omission of any Bidder to
examine any form, instrument, or document shall in no way relieve any Bidder
from any obligation in respect to his Bid.
17. Execution of Bid Documents
The Contractor, in signing his Bid on the whole or any portion of the work, shall
conform to the following requirements:
(a) Bids which are not signed by individuals making them shall have attached
thereto a Power of Attorney evidencing authority to sign the Bid in the
name of the person for whom ~t is signed.
Augusta-Richmond County Page 8 of 10
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(b) Bids which are sihTJ1ed for a partnership shall be signed by all of the partners
or by an attorney-"in-fact. If a Bid is signed by an attorney-in-fact, there
should be attached to the Bid a Power of Attorney executed by the partners
evidencing authority to sign the Bid.
(c) Bids which are signed for a corporation shall have the correct corporate
name thereof and the signature of the President or other authorized officer
of the corporation manually written below the corporate name following the
wording "ay " Corporation seal shall also be
affixed to the Bid.
18. Method of.';'ward - Lowest Qualified Bidder
The Contract will be awarded to the responsive, responsible Bidder submitting the
lowest Bid complying with the conditions of the Invitation to Bid. A ward will be
made on the basis of the prices given in the Base Bid plus schedule of values. The
Bidder to whom. the award is made will be notified at the earliest possible date.
The Owner reserves the right to reject any and all Bids and to waive any
informality in Bids received whenever such rejection or waiver is in its interest.
A responsive Bidder shan be one who submits his Bid in the proper form without
qualification or intent other than as called for in the Specifications and who binds
himself on behalf of his Bid to the Owner with the proper Bid Bond or certified
check completed and attached, and who properly completes all forms required to be
completed and submitted at the time of the bidding.
A responsible Bidder shall be one who can fulfill the following requirements:
(a) The Bidder shall maintain a permanent place of business, This requirement
applies to the Bidder where the Bidder is a division of a corporation, or
where the Bidder is 50 percent (50%) or more owned by a person,
corporation, or firm.
. (b) The Bidder shall demonstrate tha~ he has adequate landscape management
experience and sufficient equipment resources to properly perform the work
under and in conformance with these Contract Documents. This evaluation
will be based upon information submitted as a part of prequalification
application.
( c) The Bidder shall demonstrate that he is familiar with the work under these'
Contract Documents. This evaluation will be based upon a list of major
equipment items the Bidder proposes to furnish and a list of subcontractors
the Bidder proposes to use in prosecuting the 'work. .
(d) The Bidder shall demonstrate that he has financial resources of sufficient
strength to meet the. obligations incident to the perfonnance of the work
Augusta-Richmond County Page 9 of 10
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covered by these Contract Documents. The Bidder shall complete the
Statement of Bidder's Qualifications in the Bid Proposal form.
(f) The Bidder shall furnish all data required by these Contract Documents.
Failure to do so may result in the Bid being declared nonresponsive.
Acceptance of the Bidder's documentation and substantiation or Contract
Award by the Owner does not relieve the Bidder of liability for
nonperformance as covered in the Contract Documents, nor will the Bidder
be exempted from any other legal recourse the Owner may elect to pursue.
19. Employment of Local Labor
Preference in emploYment on the project shall, insofar as practicable, be given to
qualified local labor.
** END OF SECTION **
Augusta-Richmond County Page 10 of 10
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Pre-qualify for the Grassing for
Augusta-Richmond County Deans Bridge Road Landfill
A. Any bidder who wishes to bid on the Deans Bridge Road Landfill Grassing
Project is required to complete and submit the Application for Prequalification
documents (including all instructions and forms) regardless if whether the
Bidder has previously qualified for other work for the Augusta-Richmond
County Government.
Prequalification Application, in duplicate, shall be submitted separately in a
sealed envelope marked "Prequalification-Grassing Project".
B. The Application for Prequalification shall be filled out in full by typing or legible
hand lettering in ink. All sections (including instructions and forms) included
in this package shall be submitted. No fax will be accepted.
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C. All information submitted for the prequalific'ation process shall become the
sole property of the Augusta-Richmond County Government. Financial
information shall be considered confidential by the Augusta~Richmond County
and shall not be subject to review by outside individuals or organizations. '
D. In considering the Prime Contractor's qualifications, the following factors will
be considered:
(2)
(3)
(4)
(5)
(6)
- (-7)
(1 )
The work previously completed by the Prime Contractor. The
Contractor's historical ability to satisfactorily complete projects without
change order or time extension.
Whether the Prime Contractor maintains a permanent place of
landscaping business.
Contractor has adequate equipment to do the work properly and
expeditiously.
Has the financial re$ources to meet all obligations incidents to work.
Has appropriate technical experience,
Is accessible to perform follow-up work.
The Prime Contractor's project. disputes and/or claims against an
owner or engineering firms of $15,000 or more that have occurred in
the last five years.
E. It is anticipated that the minimum requirements in order to be considered for
qualification will be:
(1) The satisfactory completion by the Prime Contractor, within the last five
(5) years, of at least three (3) grassing project of similar conditions.
(2) At least two (2) staff personnel, as indicated on the list contained
herein shall have at least three (3) yeas experience in landscaping and
grassing.
(3) The satisfactory completion of the above three (3) grassing projects
using at least fifty percent (50%) of the Prime Contractor's workforce.
Augusta-Richmond County
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
Page 11 of W-
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(4) Total assets shall be at least $75,000.
(5) Never having any grassing projects, which were not approved, for any
reason, by the owner. One will be ground for disqualification.
(Complete 2.5 of Application for Prequalification Form)
Failure to disclose all pertinent information requested or noncompliance with
any of the requirements may be cause for rejection ofthe Bidder.
F. The Owner and its representative reserve the right to require the submission
of additional information as deemed necessary to evaluate the Contractor's
Qualifications.
G. The prequalification of a Contractor shall not deprive the Augusta-Richmond
County Govemment of the right to reject any Bid, where other circumstances
and developments have, in the opinion of the Augusta-Richmond County
Govemment ,changed the qualification or responsibility of the Contractor.
H. The attached prequalification application form is organized as follow:
Part A:
General Information
1.0 Applicant Information
2.0 Applicant Project History
3.0 Applicant Project Approach
Part B:
Contractor's Financial Statement
Part C:
Form for Similar Scope of Projects and References
. Augusta-Richmond County Page 12 of 10
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AUGUSTA-RICHMIOND COUNTY GOVERNMENT
APPLICATION FOR PREQUALlFICA TION
DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART A:
GENERAL INFORMATION
1.0
APPLICATION INFORMATION
1.1
Name of Applicant
1.2
Address of Applicant
a. Mailing:
b. Business:
c. Telephone number:
d. Fax number:
1.3
State licenses held:
1.4 Local licenses held:
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1.5 If Applicant is a corporation, indicate:
a. State of incorporation:
b. Name and addresses of officers of the corporation arid their
length of time with corporation. Indicate by an * those are
authorized to sign contracts. '
years
years
years
years
years
c. Number of years corporation has been in business
Augusta-Richmond County Page 13 of 10
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1.0 APPLICANT INFORMATION (Continued)
1.6 If Applicant is partnership, indicate:
a. Names and addresses of all partners
b. Date of organization:
1.7 If applicant is sole proprietorship, how long have you been .in continuous business:
1,8 How many persons are pemianently employed by your company?
1.9 What is your total bonding capacity?
1.10 What is your approximate current remaining bonding capacity? '
1.11 What is the name, address, telephone number and contact person for your
predominant bonding company?
1.12 Do you propose to use this company as surety?
1.13 List all names previously used by Applicant:
1.14 List all companies, firms, or organizations that own any part of your
organization:
2.0 APPLICANT PROJECT HISTORY
Augusta-Richmond County Page 14 of'1 0
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2.1 'How many years experience in the proposed type and size of construction
work has your organization had:
(1) As a general contractor:
, (2) As a subcontractor:'
2.2 Have you ever failed to complete any work awarded to you? _ if so, explain:
2.3 In the past 10 years, has your organization ever been released from a bid?
if so, list name of the project, Owner's name, address, and phone number,
and state the reasons for each instance.
2.4 Has any officer partner of your organization even been an officer or partner of
some other organization that failed to complete a construction contract?
if so, state name of individual, other organization, and give details:
2.5 Has any officer or partner of your organization ever failed to complete a
construction contract handled in his own name? if so, state name
of individual, and give full details:
2.6 Have you ever had any resolved liens filed against your company that
resulted in a loss of any or all your retainage? if so, please list.
2.7 Have you ever been refused surety, bond, or liability insurance? If so explain:
Augusta-Richmond County Page 15 of 10
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2.0 APPLICANT PTOJECT HISTORY (continued)
2.8 Attached a general resume setting forth the Applicant's experience, technical
qualifications, financial statement, and organizational ability to perform the
proposed construction (grassing). Include title and names of key personnel.
2,9 Provide qualifications of the project personnel who will perform the work.
2.10 What construction/landscaping projects does your organization currently have
under contract and what is the anticipated completion date? " Give- the name
and location of each project, name of owner, description of project and
current disputes and/or claims. (Attach additional pages as necessary).
2.11 Attach a list of your clients (list shall be a minimum of three clients long)
served over the last five years of which you have done landscaping work that
most closely resemble the grassing of the Deans Bridge Road Landfill.
Please be complete. This information will be used to determine your
organization's ability to perform the work specified in timely manner. Use,
complete, and' submit Part C:, Form for Similar Scope Projects and
References for each project. Blank forms are attached at the end of
, prequalification package. .
2,12 Set forth the name, addresses, and current phone numbers of at least four (4)
- of your clients who will act as references, having knowledge of the type and
quality of work you have performed; one part C: Form for Similar Scope
Projects and References shall be attached for each references.
2.13 Attach your safety record of the last three (3) years.
2.14 Any involvement in lawsuits related to the construction industry? Yes
No Explain: '
Augusta-Richmond County Page 16 of 10
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
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2.0 APPLICANT PROJECT HISTORY (Continued)
2.15 In the past five (5) years,. describe your company's involvement in extra work
(change orders/ contract amendment). As a minimum. the history associated
with extra work o~ similar scope projects.
Project Project
of Total Dollar
Name Award Dollars
Amount Extra Number
Requests . Amount
Augusta-Richmond County Page 17 of 10
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
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3.0 APPLICANT PROJECT APPROACH
3.1 What type of work pertaining to landfill grassing project would you perform
with your own employees?
3.2 What type of work you anticipate subcontracting?
3.3 Provide a current list of equipment owned by the applicant: (Attach additional
pages as necessary)
3.4 List the major items of equipment that you normally lease/rent and provide
supplier's name and phone numbers: (Attach additional pages as necessary)
This form must be completed in its entirety including Affidavits for Projective
Bidder to qualify. Failure to disclose all pertinent.information requested may
be cause for rejection of the Bidder.
Augusta-Richmond County Page 18 of 10
Application for Prequalification for GrassingJor Deans Bridge Road Landfill-2002
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AUGUSTA-~ICHMOND COUNTY GOVERNMENT
APPLICATION FOR PREQUALlFICA TlON
DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART B:
CONTRACTOR'S FINANCIAL STATEMENT
The attached certified financial statement presents fairly the financial condition of
. No event or transaction has
occurred from the financial sta~ement date to the present that materially alters this
firm's position or ability to consummate this firm's contracts. I agree to furnish
additional information, if required.
By:
Title:
Date:
I have examined the financial records of the above organization for the period
ending and, in my opinion, the statements present fairly the
financial position of at that date, In addition, I have no
personnel financial interest or affiliation with this organization or individual. '
Certified Public Accountant
Provide the bank name, address, and name of the account manager with an
accredited banking institutiC?n familiar with your banking history.
. ,
Bank Name:
Account Manager:
Address:
Telephone:
Augusta-Richmond County
Application for Prequalification for Grassing for Deans Bridge Road Landfill-2002
Page 19 of 1-8"
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AUGUSTA-RICHMOND COUNTY GOVERNMENT
APPLICATION FOR PREQUALlFICA TION
FOR THE DEANS BRIDGE ROAD LANDFILL
GRASSING OF SIDE-SLOPES AND TOP
PART C:
FORM FOR SIMILAR SCOPE PROJECTS AND REFERENCES
(Project number of
Project name and location:
Contract amount
Year completed
Extra claim amount
days
Completion time'
Description of work:
Name, address, and telephone number of owner:
Name, address, and telephone number of Architect or Engineer:
Landfill Grassing/4-8-02
00200-20
(- ~ lob;.,;
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This form should be copied as necessary to provide one page per similar scope
project (Item 2. 11) or reference (Item 2.12)
Landfill Grassing/4-8-02
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BID
Project Description:
Dean Bridge Road MSW Landfill, Grassing
Proposal of
(hereinafter called "Bidder"), doing business as
I a Corpor:llion. a Pannership. an Individual)
To Augusta-Richmond County (hereinafter called "Owner").
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for landfill grassing
project having examined the Specifications with related documents and the site of the
proposed work, and being familiar ,.:vith all conditions surrounding the proposed grassing
project including the availabqity of materials, labor, equipment and water, 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
price(s) stated below. This price(s) is to cover all expenses including overhead and profit
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 the written "Notice to Proceed" of the Owner and to fully complete the
project within 45 consecut.ive calendar days thereafter as stipulated in the Specifications,
Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each
consecutive calendar day thereafter as hereinafter provided in the General Conditions.
Bidder acknowledges receipt of the following addenda:
Base Bid: Bidder agrees to perform all the work of the Dean Bridge Road MSW
Landfill, Phases II AlIIB & IIC (approx. 90-acre area) Liming, Fertilizing and permanent
Grassing (established) complete with appurtenant and accessory work described in the
Specifications and shown on site visit within 45 consecutive calendar days for the lump
sum amount of:
Total Base Bid*
($
dollars
).
CONTRACTOR=s Schedule of Values
....
Landfill Grossing/4-8-02
00200-22
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For changes in quantities (add or deduct) of the following work items directed by the
Engineer in writing, the following unit prices are bid below. Changes in quantities
required to accommodate equipment as bid have been reflected in the Price Bid and shall
not be subject to adjustment. Unit" prices listed here will include all material, labor,
testing, taxes, and any other cost required to provide a complete and established grassing.
These unit prices must be shown. The Owner reserves the right to negotiate or reject any
unit price listed for changes in work prior to execution of the AhTfeement if, in the opinion
of the Owner, the unit prices listed do not reflect fair and competitive prices for the work
or at the time any extra work is executed.
($
($
($
($
($
($
Landfill Grassing/4-8-02
00200-23
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The Bid stated hereinbefore shall include all labor, materials. bailing, shoring, removal,
overhead. profit, insurance, etc., to cover the finished work of the several kinds called for.
Selected subcontractor=s forms must be completed and accompany the Bid.
Bidder understands that the Owner reserves the right to reject any or all Bids and to
waive any informalities in the bidding.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of
90 calendar days after the scheduled closing time for receiving Bids.
Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the
formal Contract attached within ten (10) days and deliver a surety Bond or Bonds as
required by the General Conditions. The Bid security attached in the sum of ten percent
(10%) of thetotal Bid is to become the property of the Owner in the event the contract
and bonds are not executed within the time above set forth, as liquidated' damages forthe
delay and additional expense to the Owner caused thereby.
Respectfully submitted:
By:
Signature
Title:
Address:
ArrEST:
Name
(Please Type)
Title
(SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
Landfill Grassing/4-8-02
00200-24
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Selected Subcontractors
The Bidder proposes to employ the below listed subcontractors:
Subcontractor
Address
Subcontractor
Address
Subcontractor
Address
Subcontractor
Address
Subcontractor'
Address
Subcontractor
Address'
Landfill Grassing/4-8-02
00310-25
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal,
as Surety, are hereby held and firmly
as Owner in the penal sum of
the total Bid which equals
for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, our heirs, executors,
. administrators, successors and assigns.
and
bound unto
ten . percent
(1 0%,)
of
The conqition of the above obligation is such that whereas the Principal has
submitted to Augusta-Richmond County a certain Bid, attached hereto and hereby made a
part hereof to enter into a Contract ih writing for the grassing of Deans' Bridge Road
MSW Landfill, Phases IIA/IIB & lIe.
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a contract in the Form of Contract attached hereto (properly completed in accordance
with said Bid) and shall furnish a Bond for his faithful performance of said Contract, and
for the payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the acceptance
of said Bid, then this obligation shall be void, otherwise the same shall remain in force
and effect; it being expressly understood and agreed that the liability of the Surety for any
and all claims hereunder shall in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
of said Surety and its Bond shall be in no way impaired or affected by any extension of
the time within which the Owner may accept such Bid; and said Surety does hereby
waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and Sur~ty have executed this Bond
by causing their respective names to be hereunto subscribed and their seals to be hereunto
affixed by their duly authorized officers,. on this the . day of
20
Landfill Grassing/4-8-02
00310-26
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CONTRA.CTOR - PRINCIPAL:
By:
Attorney-In-Fact
Name:
(Please Type)
Title:
Address:
Telephone:
A TrEST:
Name
(Please Type)
Title
(SEAL)
Note: Attest for a Corporation must be by the corporate secretary; for a partnership by
another partner, for an individual by a Notary,
Landfill Grassing/4-8-02
00310-27
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SURETY:
By:
Name:
(Please Type)
Title:
Agency:
Address:
Telephone:
ATTEST:
Name
(Please Type)
Title
(SEAL)
Note: 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,
Resident Agent in State in which Work is to be performed:
Name:
Address:
Telephone Number:
** END OF SECTION **
Landfill Grassing/4-8-02
00400-28
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PARTNERSHIP CERTIF1CA TE _
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STATE OF
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COUN1Y OF
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On this day of 20_ before me personally appeared
known to me to be the person who executed the above
instrument. who, being by me first duly sworn, did depose and say that he or she is a general panner in the
fInn of and that said firm consists of
himself or herself and and that he or she executed the foregoing
instrument on behalf of said finn for the uses and purposes stated therein: and that DO one except the above
named members of the firm have any fmancial interest whatsoever in said proposed Contract.
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Parmer
Partner
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Parmer
Parmer
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Subscribed and sworn to before me, this _ day of
,20_,
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Notary Public
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My Commission Expires:
(Date)
(SEAL)
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NOTE:
If only one partner signs, a Power of Attorney executed by all other partners
authorizing him or her to act in the name of the company must be attached;
othex;vise, all partners must sign.
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Landfill Grassing/4-g-02
00400-29
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NONCOLLUSION AFFIDA \TIT OF PRIME' BIDDER
State of
Coumy of
)
)
, being first duly sworn, deposes and says that:
(1) Heorsheis
IOwner. f'anner. CJfticer. Represematlve. or Agenl)
of
, the Bidder that has submitted the attached Bid;
(2) He or she is fully informed respecting the preparation and contents of
the attached Bid and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, ovmers, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Bid in connection with the Contract for which'the
attached Bid has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta-
Richmond County or any person interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, representatives, owners, employees, or parties in interest,
incI~ding this affiant.
(Signed)
(Title)
Subscribed and Sworn to before me this
day of
,20_
(Title)
My commission expires
(SEAL)
(Date)
Landfill Grassing/4-8-02
00400,30
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NONCOLLUSlON AFFIDAVIT OF SUBC01\TRACTOR
State of
County of
)
)
, being first duly sworn, deposes and says that:
(1)
He or she is
tOwner, I'anner. Officer. RepresenwlIve. or Agent)
of
, hereinafter referred to as the "Subcontractor";
(2) He or she is fully informed respecting the preparation and contents of
the Subcontractor's Proposal submitted by the Subcontractor to , the
Contractor for certain work in cOIU1ection with the Contract
pertaining to the Project in
(3)
Proposal;
Such Subcontractor's Proposal is genuine and is not a collusive or sham
(4) Neither the Subcontractor nor any of its officers, partners, owners,
agents, representatives, employees or parties in interest, including this affiant, has in any
way colluded, conspired, connived ,or agreed, directly or indirectly with any other Bidder,
firm or person to submit a collusive or sham Proposal in connection with such Contract
or to refrain from submitting a Proposal in connection with such Contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or - connivance with any
other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal, or
.to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
- Contract; and ~
(5) The price or prices quoted in the Subcontractor's Proposal are fair and
proper and are not tainted by any collusion, conspiracy, connivance or unlawful
agreement on the part of the Bidder or any of its agents,' representatives, owners,
employees, or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and Sworn to before me this
day of
,20_,
(Title)
My commission expires
(Date) (SEAL)
Landfill Grassing/4-8-02 00400-31
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CONTRACT
THIS CONTRACT. made this
day of
, 2002, by and between Augusta-
doing business as corporation hereinafter
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Richmond County. hereinafter called "Owner" and
called" Contraclor."
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WITh1:SS: ThaI for and in consideration of the payments and agreements hereafter mentioned:
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1. The Contractor will commence and complete the liming, fertilizing and b'Tassing
(established) of Deans Bridge Road MSW Landfill Phases IlAJIIB & ne.
2. The Contractor will furnish all of the material, supplies. tools, equipment. labor and
other services necessary for the liming, fenilizing, grassing (established) and completion of the project
described herein.
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3. The Contractor will commence work required by the Contract Documents on or before
a date specified in the written Notice to Proceed and will complete the same within 45 calendar days unless
the period for completion is extended otherwise by the Contract Documents. The Contractor further agrees
to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as
hereinafter provided in the General Conditions.
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4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for the sum of
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5.
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The term -"Contract Documents" means and includes the following:
(A)
(B)
(C)
(D)
(E)
(F)
(G) .
(H)
(I)
(1)
(K)
(L)
(M)
(N)
(0)
(P)
(R)
Invitation to Bid
Instructions to Bidders
Bid
Bid Bond
Partnership or Corporate Certificate
Noncollusion Affidavits
Contract
General Conditions
Supplementary Conditions
Paym~t Bond.
Performance Bond
Notice of Award
Notice to Proceed
Change Order( s)
Certificate of Owner's Attorney
Specifications and prepared or issued by Augusta-Richmond County, dated
March, 2002.
Addenda:
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6. The Owner will pay to the Contractor in the manner and at such times as set forth in
the General Conditions such amounts as required by the Contract Documents.
7. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
0---.
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Landfill Grassing/4-8-02
00400-32
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IN WITNESS \\'"HEREOF. the parties herew have executed, or caused to be executed by their duly
authorized officials. this C ontracl in seven (7) copies each of which shall be deemed an original on the date
first above wrinen.
OWNER:
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Augusta-Richmond County
By:
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Name:
(Please Print or Type)
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Title:
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Landfill Grassing/4-8-02
00400-33
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WITNESS:
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Name
(Please Print or Type)
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(SEAL)
Title
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CONTR:\CTOR:
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By:
Name:
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(Please Print orType)
Title:
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Address:
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AITEST:
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Name
(please Print or Type)
m
Title
(SEA.!.)
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Note: Attest for a Corporation must be by the corporate secretary; for a partnership by another partner; for
an individual by a Notary.
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Landfill Grassing/4-8-02
00510-34
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
, , a corporation of the State of , the "Principal,"
and
Name and Address of Surety
the "Surety," are held and firmly bound unto Augusta-Richmond County (the "Owner")
existing under and by virtue of the laws of the State of Georcia, in the sum
of in lawful money of the United States,
for the payment of which sum in lawful money of the United States well and truly to be
made we do hereby bind ourselves, our heirs, executors, administrators, successors, and
assigns jointly and severally.
The condition of this obligation is such that whereas Principal has entered into a
certain Contract with the Owner, dated as of the day of ,
20_, which is by reference incorporated in and made a part hereof as fully as if copied
here verbatim, for the following work:
The Liming, F ~lizing and Grassing of Dean Bridge Road MSW Landfill
Phases IIA/IIB & IIC.
NOW, THEREFORE, if the Principal shall in all respects comply with and
perform all the terms and conditions of the Contract (which includes Specifications, and
Contract Documents) and such alterations as may be made in said contract as the
doc1lIIlep.ts therein provide for, . during the original term thereof and any extensions
thereof which may be granted by the Owner, with or without notice to Surety, and during
the one year warranty period, and .if Principal shall satisfy all claims and demands and
shall indemnify and save harmless th'e Owner against and from all costs, expenses,
damages, injury, or conduct, want of care, skill, negligence, or default, including
compliance with performance' guarantees and patent infringement by the Principal, then
this obligation shall be void; otherwise, Principal and Surety jointly and severally agree
to pay to Owner any difference between the sum to which the Principal would be entitled
on completion of the contract and that which the Owner may be obliged to pay for the
completion of the work by contract or otherwise, together with any damages, direct or
indirect, or consequential, which Owner may sustain on account of such work, or on
account of the failure of the Principal to keep and execute all provisions of the Contract.
PrincipaJ and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly and severally, that if the Principal shall keep and
Landfill Grassing/4-8-02
00510-35
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perform its af,.'Teement to repair or replace defective work or equipment during the
warranty period of one (1) year as provided, then this paragraph shall be void; but if
default .shall be made by Principal in the performance of its contract to so repair or
replace said work, then this paragraph shall be in effect and Owner shall have and recover
from Principal and its Surety damages for all defective conditions arising by reason of
defective materials, work, or labor performed by or on the account of Principal and it is
further understood and agreed that this obligation shall be a continuing one against the
Principal and Surety hereon, and that successive recoveries may be had hereon for
successive breaches until the full amount shall have been exhausted; and it- is further
understood that the obligation therein to maintain said work shall continue throughout
said maintenance period, and the same shall not be changed, diminished, or in any
manner affected from any cause during. said time; and to fully save and hold the Owner
hamiless for any damages it may be caused to pay on account of injury to person, loss of
life or damage to property.
And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by any
extension of time, modification, omission, addition, or change in or to .the contract, the
work to be performed thereunder, or by any payment thereunder before the time required
therein, or by any waiver of any provision thereof, or by any assignment subletting or
other transfer thereof, or of any part thereof, of any work to be performed, or of any
moneys due to become due thereunder; and the said Surety, does hereby. waive notice of
any and all such extensions, modifications, omissions, additions, changes, payments,
waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that
any and all things done and omitted to be done by and in relation to executors,
administrators, successors, assignees, subcontractors, and other transferees shall have the
same effect as to said Surety as though done or omitted to be done by and in relation to
the Principal.
IN "WITNESS WHEREOF, the Principal and Surety have executed this Bond
by causing their respective names to be hereunto subscribed and their seals' to be hereunto
affixed by their duly authorized officers, on this the day of
20 -
Landfill Grassing/4-8-02
00510-36
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CONTR.:\CTOR - PRINCIPAL:
By:
Name:
(Please Print orType)
Title:
ATTEST:
Name
(Please Print or Type)
Title
(SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
SURETY:
By:
Name:
(Please Print or Type)
Title:
Agency:
Address:
Landfill Grassingl4-8-02
00510-37
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WITNESS:
Name
(Please Print or Type)
Title
(SEAL)
Note: 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.
Landfill Grassing/4-8-02
00520-38
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P A '{MENT BOND
Kl\IOW A.LL MEN RY THESE PRESENTS: that
, a
corporation of tlle State of
. the "Principal," and
Name and Address of Surety
the "Surety," are ]leld and firmly bound unto Augusta-Richmond County '(the "Owner")
existing under and by virtUe of the laws of the State of Georgia, in the sum of
in la\\:ful money of the
United States, for the payment of which sum in lawful money of the United States well
and truly to be m.ade we do. hereby ~ind ourselves, our heirs, executo~s, adminjstrators,
successors, and assigns jointly and severally.
The condition of this obligation is such that whereas Principal has entered into a
certain Contract wi th the Owner, dated as of the day of ,
20_, which is by reference incorporated in and made a part hereof as fully as if copied
here verbatim, for the following work:
The Liming, Fertilizing and Grassing of Dean Bridge Road MSW Landfill
Phases IWIIB & lIe.
NOW, THEREFORE, if the Principal shall fully pay for all the labor and
materials used by said Principal or any immediate or remote subcontractor or furnisher of
labor or materials under him in the performance of the work in lawful money of the
United States as the same shall become due, including all amounts due for materials,
lubricants, oil, gasoline, electricity, coal and coke, repairs on machinery, equipment, and
tools, consumed or used in connection with performance of the work and all insurance
premiums and other charges incurred under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
Principal and Surety - further bind themselves, their heirs, executors,_
administrators, and assigns, jointly .and ~everally, that they shall promptly make payments
of all taxes, licenses, assessments, contributions, penalties, and interest thereon, when,
and if, the same may be lawfully due the State of Georgia or any County, Municipality,
or political subdi"Vision thereofby reason of and directly connected with the performance
of the Contract, or any part thereof.
And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by any
extension of time, modification, omission, addition, or change in or to the contract, the
work to be performed thereunder, or by any payment thereunder before the time required
therein, or by any waiver of any provision thereof, or by any assignment subletting or
Landfill Gl1ISsing/4-8-02
00520-39
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other transfer thereof, or of any part thereof, of any work to be performed, or of any
moneys due to become due thereunder; and the said Surety does hereby waive notice of
any and all such extensions, modifications, omissions, additions, changes, payments,
waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that
any and all things done and omitted to be done by and in relation to executors,
administrators, successors, assignees, subcontractors, and other transferees shall have the
same effect as to said Surety as though done or omitted to be done by and in relation to
the Principal.
IN V/ITNESS WHEREOF, the Principal and Surety have executed this Bond
by causing their respective names to be hereunto subscribed and their seals to be hereunto
affixed by their duly authorized officers, on this the day of
20
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00520-40
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CONTRACTOR - PRINCIPAL:
SPECIALIZED SERVlCES, INe.
By:
Name:
(Please Print or Type)
Title:
ATTEST:
Name
{Please Print or Typ-e)
Title
(SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
SURETY:
By:
Name:
(please Print or Type)
Title:
Agency:
-Address:
LandfiU Grnssing/4-8-02
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\VITNESS:
Name
(Please Print or Type)
Title
(SEAL)
Note: 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.
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00700-42
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GENERAL CONDITIONS
O. General
1 . Definitions
2. Additional Instructions and Detail Drawings
3. Schedules, Reports, and Records
4. Correlation of Documents
5, Shop Drawings
6. Materials, Services, and Facilities
7. Inspection and Testing
8. Substitutions
9. Patents
10. Surveys, Permits, Regulations
11 . Protection of Work, Property, Persons
12. Supervision by Contractor
13. Changes in the Work
14. Changes in Contract Price'
15. Time for Completion and Liquidated Damages
16. Correction of Work
17. Subsurface Conditions
18. Suspensions of Work, Termination, and Delay
19. Payments to Contracto"r
20. Acceptance of Final Payment as Release
21. Insurance
22. Contract Security
23. Assignments
24. Indemnification
25. Separate Contracts
26. Subcontracting
27. Engineer's Authority
28. Land and Rights-of-Way
29, Guaranty
30. - Taxes '
31. Disputes
32. Contract Provisions Required by Law
33. Prohibited Interest
34; Use of Premises and Removal of Debris
35. Estimate of Quantities
36. Contractor's Obligations
37. Payments by Contractor
38. Waiver
. 39. Chemicals
40. Connecting of Existing Work _
41 . Program and Method of Construction
42. Buildings and Shanties
43. Sewage, Surface and Flood Flows
44. Obstructions Encountered
,
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45, Use of Streets
46. Access by Representatives of Governmental Agencies
47. Local and State Laws
48. "Or Equal" Clause
49. New Job Opportunities
50. Construction Restrictions
51. Leadbased Paint and Joint Sealers
52. Cooperation with Public Utilities
53. Abandonment or Termination of Contract
54. Evidence of Payment
55. Accessibility of Records
56. Archaeological Plan for Identification and Excavation of Significant Sites.
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GENERAL CONDITIONS
0, GENERAL
0.1 GENERAL CONDITIONS: . The General Conditions are general in scope and
may refer to conditions not encountered on the work covered by these Contract
Documents. Any provision of the General Conditions which pertains to a
nonexistent condition and is not applicable to the work to. be performed
hereunder, shall have no meaning in these Contract Documents and shall be
disregarded.
0.2 SPEC/FICA TIONS: No attempt has been made in the Specifications to
segregate work to be performed by any trade or subcontract. Any segregation
. between the trades or crafts will be solely a matter for agreement between the
Contractor and his employees' and his subcontractors. .
The Specifications as a whole will govern the construction of the entire work.
The applicable provisions thereof will govern work to be performed under each
section.
0.3 CONTRACT DOCUMENTS: The Contract Documents cover all matters
relating to the work the Contractor is obligated to perform. The Contract
Documents are organized into various parts and sections for converience. All
parts and sections of the Contract Documents are complementary, and what is
called for by any shall be as binding as if called for by all.
The Contract Documents, as defined herein, form the Contract between the
Owner and'the Contractor for the performance of the work covered by these
Contract Documents. It is agreed by the. Owner and the Contractor, as
evidenced by and through the execution of the Contract, that all terms of the
Contract Documents shall be binding on both parties to the Contract and shall
be a part of the Contract, the same as if the Contract Documents are repeated
- therein.
0.4 LEGAL ADDRESSES: Both the business address of the Contractor given in
the Bid Propo.s~1 Form and the Contractor's office in the vicinity of the work
either of which are hereby designated as the place to which all notices, letters,
and other communication to. the Contractor will be mailed or delivered.
The address of the Owner is indicated in the bidding instructions, and is hereby
designated as the place fo which all notices, letters, and other communication
to the Owner shall be mailed or delivered, Either party may change his
address at any time by an instrument in writing delivered to the other party.
0.5 INDEPENDENT CONTRACTOR: The relation of the Contractor to the Owner
shall be that of an independent contractor.
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0.6 GOVERNING STANDARD SPECIFICATIONS: Standard specifications or
other specifications of organizations. societies, governmental agencies. or
bodies. referred to in these Contract Documents. are made a part of these
Contract Documents the same as if repeated herein.. Unless specifically stated
otherwise, the standard shall be that adopted and' published at the date of the
Advertisement for Bids,
1. DEFINITIONS
1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall
have the meanings indicated which shall be applicable to both the singular and
plural thereof:
1.2 ADDENDA: Written or graphic instruments issued prior to the execution. of the
Agreement which modify or interpret the CONTRACT DOCUMENTS,
DRAWINGS. AND SPECIFICATIONS. by additions. deletions, clarifications, or
corrections.
1.3 APPROVED. REASONABLE. SUITABLE. ACCEPTABLE. PROPER,
SATISFACTORY: Whenever in these Contract Documents the words
"approved," "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
words of like effect and import appear, unless otherwise particularly specified
herein, they shall mean. approved, reasonable, suitable, acceptable. proper, or
satisfactory in the judgment of the Owner or Engineer only to the extent of
judging compliance with the terms of these Contract Documents.
1.4 BID: The offer of proposal of the BIDDER submitted on the prescribed form
setting forth the prices forthe WORK to be performed.
1.5 BIDDER: Any person.. firm. partnership, corporation, or combination thereof
submitting a bid directly to the Owner for the work to be perfonned under these
C~mtract Documents, acting directly or through a duly authorized agency or
representative. The successful bidder, selected by the Owner to perform the
work under these Contract Documents, will thereafter be' known as the
Contractor.
1.6 BONDS:' Bid, Performance, and Payment Bonds and other instruments of
security, furnished by the CONTRACTOR and his surety in accordance with
the CONTRACT DOCUMENTS. '
1.7 CHANGE ORDER: A written order to the CONTRACTOR authorizing an
addition, deletion, or revision in the WORK within the general scope of the
CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
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1.8 CONTRACT OR AGREEMENT: The written agreement between the Owner
and the Contractor for the performance of the work in accordance with the
requirements of the Contract Documents and for the payment of the agreed
consideration therefor. Whenever, in any portion of the Contract Documents, a
requirement of the Contract is stated, it shall be interpreted to - mean a
requirement of the Contract Documents as defined herein.
1.9 CONTRACT DOCUMENTS: The - Contract, Advertisement for Bids,
Instructions to Bidders, Bid Proposal and Proposal Documents, Bid Bond,
- Agreement, Performance Bond, Payment Bond, Employment Requirements
and Wage Rates, General Conditions, Specifications, Drawings, Addenda,
__ Change Orders, Notice of Award, Notice to Proceed, and the Specifications,
Drawings, and Engineering Data furnished by the Contractor and accepted by
the Owner. Whenever, in any portion of the Contract Documents, the terms
"Plans and Specifications" or "Specifications" or "CQntracr' or words of like
import appear, they shall be interpreted to mean Contract' Docume-nts as
defined herein.
1.10 CONTRACT PRICE: The contract price or contract prices named in the
Contract Documents -shall be the amount of the compensation to the
Contractor agreed to by the Owner and the Contractor for the proper and
satisfactory completion of - the work specified herein, including all
contingencies, in full conformity with the Contract Documents. The contract
price( s) shall be full payment for the performance of the work and the
fumishing of labor, materials; transportation, supplies, tools, equipment, taxes,
employee benefits, incidentals, services, and other items necessary or
convenient for completion of the work in a satisfactory and acceptable manner,
and within the intent ofthese Contract Documents.
1.11 CONTRACT TIME: The number of calendar days allowed by these Contract
Documents for the completion of the work, including authorized time
extensions for the completion of the work sufficient" for acceptance as
__ sl:lbstantially complete by the Owner.
1.12 CONTRACTOR: The person, firm, or corporation whose proposal is accepted
by the Owner and who enters into a Contract with the Owner for performance
of the work covered by and in conformance with these Contract Documents.
1,13 DRAWINGS: Drawings. which are sometimes referred to herein as "plans,"
are defined as all (a) drawings furnished by the Owner as a basis for bids; (b)
supplementary drawings furnished by the Owner to clarify and to define in
greater detail the intent of the Contract Drawings and Specifications; (c)
drawings submitted by the successful bidder with his bid, provided such
drawings are acceptable to the Owner; (d) drawings fumished by the Owner to
the Contractor during the progress of the work; and (e) engineering data and
drawings submitted by the Contractor during the progress of the work,
provided such drawings are acceptable to the Owner and the Engineer.
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1.14 ENGINEER: Augusta-Richmond County Department of Public Works &
Engineering Director or his authorized representative.
1.15 FIELD ORDER: A written order effecting a change in the WORK not involving
an adjustment in the CONTRACT PRICE or an extension of the CONTRACT
TIME issued by the ENGINEER to the CONTRACTOR during construction.
'.
1.16 NOTICE OF AWARD: The written notice of the acceptance of the BID from the
OWNER to the successful bidder.
1.17. NOTICE TO PROCEED: Written communication issued by the OWNER to the
CONTRACTOR authorizing him to proceed with the WORK and establishing
. the date of commencement of the WORK.
1.18 OBSERVER: An authorized representative of the Engineer assigned to make
necessary observations of the work performed by the Contractor.
1.19 OWNER: A public or quasi public body or authority, corporation, association,
partnership, or individual for whom the WORK is to be performed.
1.20 AS ORDERED. AS DIRECTED. AS REQUIRED. AS PERMITTED. AS
ALLOWED: Whenever in these Contract Documents the words "as ordered,"
"as directed," "as required," "as permitted," "as allowed," or words or phrases
of like import are used, it shall be understood and agreed that the order,
direction, requirement, permission, or allowance of the Owner or the Engineer
is intended only to the extent of judging compliance with the terms of these
Contract Documents; none of these terms shall imply that the Owner or
Engineer has any authority or responsibility for supervision of the Contractor's
forces or construction operations, such supervision and the sole responsibility
therefore being strictly reserved for the Contractor.
1.21 - PERSON: The word, "person" shall mean and include any individual,
combination of individuals, partnership, society, association, joint stock
company, corporation, firm, estate, receiver, trustee, assignee, referee, or any
other person acting in a fiduciary or representative capacity, whether appointed
by a court or otherwise.
1.22' PRODUCT: The term ';product" shall mean and include materials, systems,
and equipment."
1.23 PROJECT RECORD DOCUMENTS: Copies of the Contract Documents
maintained at the site of the work by the Contractor, and marked by him to
record deviations, additions, and other required information during the
prosecution of the work.
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1.24 PROJECT: Total construction of which the work covered by the CONTRACT
DOCUMENTS may be the whole or a part thereof.
1.25 PROVIDED: When the term "provided" or "provide" is used in the Drawings or
other Contract Documents, it shall mean "provided complete in place," that is,
"furnished and installed." Where "as shown," "as indicated," "as detailed," or
other words of similar import are used, it is understood and agreed that
references to the Drawings are intended unless otherwise expressly stated,
1.26 RESIDENT PROJECT REPRESENTATIVE: The authorized representative of
the OWNER who is assigned to the PROJECT site or any part thereof.
1.27 SHOP DRAWINGS: All drawings, diagrams. illustrations, brochures,
schedules, and other data which are prepared by the Contractor, a
subcontractor, a manufacturer, a 'supplier, or a distributor. which illustrate how
specific portions of the work shall be fabricated or installed. Shop drawings
may also be referred to in these Contract Documents and shall have the same
meaning as detail drawings, working drawings, construction drawings, and
engineering data.
1.28 SPECIFICATIONS: A part of the CONTRACT DOCUMENTS consisting of
written descriptions of a technical nature of materials, equipment, construction
systems, standards, and workmanship.
1.29 SUBCONTRACTOR: The person, firm, or corporation having a direct contract
with the Contractor or with any other subcontractor for performing work
covered by these Contract Documents which the Contractor is obligated to
perform or to cause to be performed.
1.30 SUBSTANTIAL COMPLETION: That date as certified by the ENGINEER
when the construct;'on of the PROJECT is sufficiently completed, in
accordance with the CONTRACT DOCUMENTS, so that the PROJECT can be
- safely,. conveniently and beneficially utilized for the purposes for which it is
intended. .
1,31 SUPPLIER: The person, firm, or corporation who will furnish products
acceptable to the Engine~r for incorporation into the work covered by these
Contract Documents. A supplier may also be referred to as "manufacturer" or
"distributor" in these Contract Documents,
1.32 WORK: Everything specified, indicated, shown, or contemplated, including
materials, labor, equipment, transportation, supplies, and things required to be
done, furnished, or performed by the Contractor under these Contract
Documents. . The work shall include everything expressly or impliedly required
of the Contractor by the Contract Documents.
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1.33 WRITTEN NOTICE: Any notice to any party of the Agreement relative to any
part of this Agreement in writing and considered delivered and the service
thereof completed, when posted by certified or registered mail to the said party
at his last given address, or delivered in person to said party or his authorized
representative on the WORK.
1.34 MAY: Permissive.
1.35 "SHALL" IMPLIED: Some sentences, statements and clauses used in. the
specifications exclude any form of the verb "shall" normally expressed in a verb
phrase with verbs such as "furnish", "install", "provide", "perform", "construct",
"erect", "comply", "apply", "submit" or similar verb, but in any such sentences,
statements, and clauses shall be interpreted to include the applicable form of
the phrase "The CONTRACTOR shall" and the requirements described therein
shall be interpreted as mandatory elements of the CONTRACT.
1.36 SHALL: Mandatory
1.37 WILL: Mandatory
2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional instruction and detail
drawings, by the ENGINEER, as necessary to carry out the WORK required by
the CONTRACT DOCUMENTS.
3. SCHEDULES. REPORTS. AND RECORDS
3,1 The CONTRACTOR shall submit to the OWNER such schedule of quantities
and costs, progress schedules, payrolls, reports, estimates, records, and other
data where applicable as are required by the CONTRACT DOCUMENTS for
the WORK to be performed,
3.2 Prior to the first partial payment estimate, the CONTRACTOR shall submit
construction progress schedules showing the order in which he proposes to
carry on the WORK, including dates. at which he will start the various parts of
the WORK, estimated date of completion or each part, and, as applicable:
3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of SHOP DRAWINGS, the
beginning of manufacture, the testing, and the installation of
materials, supplies, and equipment.
3,3 The CONTRACTOR shall also submit a schedule of payments that he
anticipates he will earn during the course of the WORK.
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3.4 If the Contract is based on a lump sum bid or contains one or more lump sum
items for which progress payments are desired, the Contractor shall prepare
and submit to the Engineer a schedule of values covering each lump sum item.
The schedule of values, showing the value of each kind of work, shall be
acceptable to the Engineer before any progress payment estimate and
progress payment request are prepared. Such items as bond premium,
temporary construction facilities, and plant work items may be listed separately
in the schedule of values, provided the costs can be substantiated.
The sum of the items listed in the schedule of values shall equal the contract
lump sum price(s). Overhead and profit shall not be listed as separate items.
An unbalanced schedule of items providing for overpayment of the Contractor
on items of work which would be performed first will not be accepted. The'
schedule of values shall be revised and resubmitted untilacoceptable_ to the
Engineer.
3.5 The Contractor shall also fumish a periodic itemized estimate of work done for
the purpose of making a partial payment thereon.
3.6 The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as fixing a
basis for additions to or deductions from the contract price.
4. CORRELATION OF DOCUMENTS
4.1 Drawings, and specifications are cooperative and supplementary. Portions of
the WORK which can best be illustrated by the drawings may not be included
in the specifications and portions best described by the specifications may not
be depicted on the drawings. All items necessary" or incidental to completely
construct or erect the WORK shall be furnished, whether called for in the
specifications or shown on the drawings, or anything shown or mentioned on
- the drawings and not mentioned in the specifications, shall be of like effect as if
shown or mentioned in both.
4.2 Information or instruction for Bidders' shall take priority over General
Conditions; large scale drawings shall take precedence over small scale
drawings. In case of disagreement between the drawings and specifications,
or within either document itself, the better quality or greater quantity of WORK
shall be. estimated and included in the Bid and CONTRACT Price and the
matter drawn to the ENGINEER's attention for decision.
4.3 The Drawings, QA/QC Plan, Specifications, and Addenda shall form part of this
Contract and the provisions thereof shall be as binding upon the parties hereto
as if they were herein fully set forth. The table of contents, titles, headings,
running headlines, and marginal note.s contained in the Contract Documents
are solely to facilitate reference to various provisions of the Contract
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Documents and in no way affect, limit, or cast light on the interpretation of the
provisions to which they refer. .
4.4 Upon award of the Contract, the Contractor upon request will be supplied free
of charge up to six (6) complete sets of the Drawings and Specifications. If the
Contractor requests additional prints or Specifications. they will be fumished to
him at cost.
4.5 The Contractor shall keep on the job a copy of the Drawings and Specifications
and shall at all times give the Owner and Engine~r access thereto.
4.6 The parts of the Contract Documents are complementary, each part being an
essential part of these Contract Documents which are intended to describe and
provide for a complete work. A requirement occurring in one. is as binding as
though occurring in all.
4.7 The Contractor shall carefully study and compare all Drawings. Specifications,
and other instructions; shall test all figures on the Drawings before laying out
the work; shall notify the Engineer of all errors, inconsistencies, or omissions
which he may discover. The Contractor shall not take advantage of any error
or omission which may be found in the Drawings or other Contract Documents.
4.8 In case of unresolved conflict between items of the Contract Documents, the
following order of precedence shall govem, with the higher item taking
precedence over a lower item:
Contract (including Supplemental Agreements and Change Orders thereto)
Addenda
Instructions to Bidders
Bid
General Conditions
Specifications
- QA/QC Plan
Governing Standard Specifications
Schedules on Drawings
Notes on Drawings
Details on Drawings
Large Scale Drawings
Small Scale Drawings
Dimensions Given in Figures
Scaled Dimensions
4.9 In the event of any discrepancy between any Drawing and the figures written
thereon, the figures, unless obviously incorrect, shall be taken as correct.
4.10 When measurements are affected by conditions already established or where
items are to be fitted into constructed conditions, it shall be the Contractor's
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responsibility to verify all such dimensions at the site and the actual job
dimensions shall take precedence over scale and figure dimensions on the
Drawings.
4.11 Wherever a stock size of manufactured item or piece of equipment is specified
by its nominal size, it shall be the responsibility of the Contractor to determine
the actual space requirements for setting and for entrance to the setting space
and to make all necessary allowances and adjustments therefor in his work
without additional cost to the Owner.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for
the prosecution of the WORK as required by the CONTRACT DOCUMENTS.
The ENGINEER's approval of any SHOP DRAWING shall .not relea.se the
CONTRACTOR from responsibility for deviations from the CONTRACT
DOCUMENTS.
5.2 Engineering data covering all equipment and fabricated products to be
furnished under these Contract Documents shall be submitted to the Engineer
for review. These data shall include drawings and descriptive information in
sufficient detail to show the kind, size, arrangement, and operation of
component materials and devices; the external connections, anchorages, and
supports required; performance characteristics; and dimensions needed for
installation and correlation with other materials and equipment. Data submitted
shall include drawings showing essential details of any changes proposed by
the Contractor and all required wiring and piping layouts.
5.3 When submitted for the ENGINEER's review, SHOP DRAWINGS shall bear
the CONTRACTOR's certification that he has reviewed, checked, and
approved the SHOP DRAWINGS and that they are in conformance with the
requirements of the CONTRACT DOCUMENTS.
5.4 At the time of each submission, the' Contractor shall in writing call the
Engineer's attention to any deviations that the engineering data may have from
the requirements of these Contract Documents.
5.5 Six (6) copies of each drawing and necessary data shall be submitted to the
Engineer. Each drawing or data sheet shall be clearly marked with the name
of the. project, the Contractor's name, and references to applicable
specification paragraphs, and drawing sheets. When catalog pages are
submitted, the applicable items shall be identified. Each drawing or data sheet
shall bear the Contractor's stamp of approval, which shall be construed as
certification that he has reviewed, checked, 'and approved the engineering data
and that the data are in conformance with the requirements of these Contract
Documents and that he has determined and verified all quantities, dimensions,
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field construction criteria, materials, catalog numbers, and similar data required
for preparation, accuracy, and sufficiency of the engineering data.
5.6 When the drawings and data are returned marked "REVISE AND RESUBMIT,"
the corrections shall be made as noted thereon and as instructed by the
Engineer and not less than six (6) corrected copies resubmitted.
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5.7 Unless otherwise directed by the Engineer, when drawings and data are
returned marked "EXCEPTIONS TAKEN AS NOTED," the changes shall be
made as noted thereon and not less than six (6) corrected copies shall be
furnished.
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5.8 All corrections and changes made on the drawings or data sheets other than
those noted by the Eng'ineer shall be clearly identified with a revision symbol
and shall be suitably documented on the drawing with a brief description and
date.
5.9 When the drawings and data are returned marked "NO EXCEPTIONS
TAKEN," fabrication and/or installation can begin and no additional copies
need be furnished. When drawings are submitted after final review (after being
returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS TAKEN AS
NOTED"), one (1) of the copies shall be a reverse reading translucent rnatte
finish mylar reproducible (ozalid process).
5.10 No work shall be performed in connection with the fabrication or manufacture
of materials and equipment, nor shall any accessory or appurtenance be
purchased until the drawings and data therefor have been reviewed by the
Engineer and returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS
TAKEN AS NOTED."
5.11 A copy of each approved SHOP DRAWING and each approved sample shall
be kept in good order by the CONTRACTOR at the site and shall be available
- to the ENGINEER.
5.12 The Engineer's review of drawings and data submitted by the Contractor will
cover only general conformity to, the Drawings and Specifications, external
connections, and dimensions which affect the layout. The Engineer's review of
drawings returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS
TAKEN AS NOTED" does not indicate a thorough review of all dimensions,
quantitiE;!s, and details of the material, equipment, devices, or items shown and
shall not in any way be deemed to relieve the Contractor from any
responsibility for errors or deviations from the requirements of these Contract
Documents or from full responsibility for complete and accurate performance of
the work in .conformance with these Contract Documents or from any liability
placed upon him by any provisions of these Contract Documents,
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5.13 The schedule of submittals of engineering data and submittals of samples of
materials or products, if required, shall be made by the' Contractor in
accordance with the requirements in the section entitled "Shop drawings,
Product Data and Samples'" of these Specifications.
6. MATERIALS. SERVICES. AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the CONTRACT
DOCUMENTS, the CONTRACTOR shall provide and pay for all materials,
labor, tools, equipment, water, light, power, transportation, supervision,
temporary construction of any nature, and all other services and facilities of
any nature whatsoever necessary to execute, complete, and deliver the WORK
within the specified time.
6.2 Material and equipment shall be so stored as to insure the preservatron of their
quality and fitness for the WORK. Stored materials and equipment to be
incorporated in the WORK shall be located so as to facilitate prompt
inspection.
6.3 . Manufactured articles, materials, and equipment shall be applied, installed,
connected, erected, used, cleaned, and conditioned as .directed by the
manufacturer.
6.4 Materials, supplies, and equipment shall be in accordance with samples
submitted by the CONTRACTOR and approved by the ENGINEER.
6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not
be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel mortgage or under a conditional sale CONTRACT or other agreement
by which an interest is retained by the seller.
6,6 Any work necessary to be performed after regular working hours, on Sundays,
or: on legal holidays shall be performe9 without additional expense to the
Owner.
6.7 The Contractor warrants that he has good title to all materials, supplies, and
equipment used by him in the work.
6.8 All materials required in the work may be stored on the site upon which the
project is to be constructed, subject to approval by the Engineer, but all such
materials, tools, a~d machinery shall be neatly and compactly piled in such a
manner as to cause the least inconvenience to the property owners, and the
traffic. All fire hydrants must at all times be kept free and unobstructed, and
water and gas shutoff' boxes and underground power _and telephone line
manholes must be kept uncovered by such materials.
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6.9 Materials, tools, and machinery shall not be piled or placed against shade trees
. unless they shall be amply protected against injury therefrom. All materials,
tools, machinery, etc., stored upon public thoroughfares must be provided with
warning lights at night to warn the traffic of such obstruction.
6.10 The Contractor shall make his own arrangements for delivery and handling of
equipment and materials as he may require for the prosecution of the work.
,The location of all temporary lines,. roadways, and similar facilities shall be
subject to the approval of the Engineer, and these shall be located and
operated so as not to interfere with other work carried on by the Owner or by'
other contractors.
6.11 The materials, fixtures, and apparatus furnished shall be new, except as
otherwise provided herein, unused, and of good quality, and shall be
incorporated into the work in an undamaged condition. The Contractor _shall, jf
required, fumish satisfactory evidence as to the kind and quality of materials.
Whenever materials are sold by the manufacturer in sealed packages, they
shall be so delivered to the site of the work. The materials shall be
manufactured, handled, and used in a workmanlike manner to provide a
completed work in accordance with these Contract Documents.
6.12 Materials, products, and equipment designated for permanent installation in the
work shall be properly stored by the Contractor in a manner to ensure
protection against deterioration of any type. These items shall be so placed as
to cause a minimum of interference with the prosecution of the work and to the
public. The method of storing shall be so as to facilitate inspection.
Deterioration of any kind or to any degree shall be cause for rejection. Stored
materials, even though meeting the requirements of these Contract Documents
before being stored, shall be inspected prior to incorporation in the work and
shall meet the requirements of these Contract Documents at the time of
incorporation in the work. If material, products, or equipment stored by the
Contractor and paid for under the terms of these Contract Documents is
- d~maged or otherwise becomes unsuitable before its permanent incorporation
into the work, the amounts paid the Contractor for the damaged material shall
be deducted from the next progress payment.
6.13 The Contractor shall be responsible for the condition of all materials, products,
and equipment which "he has furnished and shall replace at his own expense
all such material found to be defective or which has been damaged after.
delivery~ This includes the replacement of material which is found to be
defective at any time prior to expiration of the guarantee period.
6.14 It is agreed that any temporary power lines, roadways, or other facilities which
the Contractor furnishes, installs, maintains, and removes at the completion of
the work may be used by the. Owner or any of his contractors at such
reasonable time or times as may be directed by the Engineer. Likewise it is
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provided that similar facilities of other contracts will become available to the
Contractor under similar conditions.
6.15 Adequate sanitary facilities shall be provided by the Contractor. All such
sanitary facilities shall conform to the requirements of the respective state and
county departments of public health.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the PROJECT shall be.
subject to adequate inspection and testing in accordance with generally
accepted standards.
7.2 The OWNER shall provide all inspection and testing services required by the
CONTRACT DOCUMENTS one time only.
7.3 The CONTRACTOR shall provide at his expense the samples and product
shop testing and inspection services required by the CONTRACT
DOCUMENTS for material certifications prior to shipment. Any field retests or
reinspections required due to the failure of materials to meet the requirements
of the CONTRACT DOCUMENTS shall be paid for by the Contractor. The
Owner shall have sole authority to determine whether tests/inspections pass or
fail and require retesting.
7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or
orders of any public authority having jurisdiction ~equjre any WORK to
specifically be inspected, tested, or approved by someone other than the
CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of
readiness. The CONTRACTOR will then fumish the ENGINEER the required
certificates of inspection, testing, or approval.
7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the
- CONTRACTOR from his obligations to perform the WORK in accordance with
the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times have access to the
WORK. In addition, authorized representatives and agents of any Federal or
state agency shall be permitted to inspect all work, materials, payrolls, records
of personnel, invoices. of materials, and other relevant data and records.
7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it
must, if requested by the ENGINEER, be uncovered for his observation and
replaced at the CONTRACTOR's expense.
7.8 If the ENGINEER considers it. necessary or advisable that covered WORK be
inspected or tested by others, the CONTRACTOR, at the ENGINEER's
request, will uncover, expose, or otherwise make available for observation,
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inspection, or testing as the ENGINEER may require, that portion of the WORK
in question, furnishing all necessary labor, materials, tools, and equipment. If it
is found that such WORK is defective, the CONTRACTOR will bear all the
expenses of such uncovering, exposure, observation, inspection and testing,
and of satisfactory reconstruction. If, however, such WORK is not found to be
defective, the CONTRACTOR will 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 an appropriate CHANGE ORDER shall be issued.
7.9 The field testing of materials shall be made by a competent laboratory or other
person paid for by the Owner, one time only. The Contractor shall submit
samples of materials for testing as required by the Engineer. The cost of all
retests made necessary by the failure . of materials to conform to the
requirements of these Contract Documents shall be paid by the Contractor.
7.10 The testing of equipment and products shall be performed as provided in the
Specifications.
7.11 All materials and equipment used in the construction of the project shall be
s'ubject to adequate inspection and testing in accor9ance with accepted
standards. The laboratory or inspection agency shall be approved by the
Owner. The cost of all inspection and testing of all materials and equipment for
determination of source, suitability, applicability, etc., shall be included in the
contract price for supplying the applicable materials and equipment as no
separate payment will be made for these services.
7.12 No payment will be made to the Contractor for samples taken for tests such as
. soils samples, etc.
7.13 Should any disagreement or difference arise as to the estimate, quantities or
_ classifications or as to the meaning of the Specifications, or any point
concerning the character, acceptability, and nature of the several kinds of work,
any materials and construction thereof,. the decision of the Engineer shall be
final and conclusive and binding upon all p~rties to the Contact.
8. SUBSTITUTIONS
8.1 Whenever a material, product, article, or piece of equipment is specified or
described in these Contract Documents by using the name of a proprietary
product or the name of a particular manufacturer or vendor and catalog
number, it is understood and agreed that the specific item IS named for the
purpose of establishing the type, function, dimension, appearance, quality,
durability, performance, or other salient requirements and that other materials,
products, articles, or pieces of equipment of equal capacities, quality, and
function will be considered. The Contractor may request the substitution of a
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material, product, article, or piece of equipment of equal substance and
function for those designated in these Contract Documents. The Contractor
shall request substitution in writing to the Engineer stating in detail how the
substituted product differs in composition and performance from the
designated. product and fumishing suitable complete data on which the
Engineer may make the determination on the merits of the proposed
substitution. If, in the opinion of the Engineer, such material, article, or piece of
equipment is of equal substance and function to that designated, the Engineer
may approve its substitution and use by the Contractor. Any cost differential
shall be deductible from the contract price and the Contract Documents shall
be appropriately modified by a Change Order. The Contractor warrants that jf
substitutes are approved, no major changes in the function or general design
of the project will result. Incidental changes or extra component parts required
to accommodate the substitute shall be. made by the Contractor without a
change in the contract price or contract time. Requests relative to substitutions
for materials, products, articles, or pieces of equipment speCifically designated
on the Drawings or in the Specifications will n~t be considered until after the
award of the Contract.
8,2 It is understood and agreed that (1) the Engineer is to use his own judgment
whether or not any material, product, article, or piece of equipment proposed to
be substituted is equal to that specified; (2) the decision of the Engineer on all
such questions of equality shall be final and binding upon the Contractor, and
(3) in the event of any decision of the Engineer that is considered adverse by
the Contractor, no claim of any sort by the Contractor shall be made or allowed
against the Owner or the. Engineer.
8.3 The Contract is based on the materials, equipment, and methods described in
the Contract Documents.
8.4 The Owner, through the Engineer, will consider proposals for substitution of
materials. equipment, and methods only when such proposals are
- accompanied by full and complete technical data and all other information
required to evaluate the proposed substitution.
8.5 The Contractor shall not substitute materials, equipment, or methods unless
such substitution ha,s been specifically approved for this project by the
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9. PATENTS
9.1 Royalties and fees for pa~ents covering materials, articles, apparatus, devices,
or equipment (as distinguished from processes) used in the work shall be
included in the contract price(s). . The Contractor shall satisfy all demands that
may be made at the time for such royalties or fees, and he shall be liable for
any damages or claims for patent infringements. The Contractor shall, at his
own cost and expense, defend all suits or proceedings that may be instituted
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against the Owner for alleged infringement of any patents involved in the work
and in case of an award of damages the Contractor shall pay such award. The
Contractor, however, will not be held liable for the defense of any suit or other
proceeding nor for the payment of any damages or other costs for the
infringement of any patented process required by these Contract Document's;
except if the Contractor has information that the process so required is an
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infringement of a patent, the Contractor shall be liable for any damages or
claims in connection therewith unless he promptly notifies the Owner and
Engineer of such infringement.
10. SURVEYS, PERMITS. REGULATIONS
10.1 The CONTRACTOR shall furnish all boundary surveys and establish all base
lines for locating the principal component parts of the WORK together with a
suitable number of bench marks adjacent to the WORK. as shown - in the
CONTRACT DOCUMENTS. From the information gathered by the
CONTRACTOR, unless otherwise specified in the CONTRACT DOCUMENTS,
the CONTRACTOR shall develop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for pile locations, and
other working points, lines, elevations, and cut sheets.
10.2 Permits and licenses of a temporary nature necessary for the prosecution of
the WORK shall be secured and paid for by the CONTRACTOR. Permits,
licenses, and easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the OWNER unless
otherwise specified. 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 Section 13, CHANGES IN THE WORK.
11. -' PROTECTION OF WORK. PROPERTY, ~ND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining, and
superviSing all safety precautions and programs in connection with the WORK.
He will take all necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury, or loss to all employees on the
WORK and other persons who may be affected thereby, all the WORK and all
materials or equipmentto be incorporated therein, whether in storage on or off
the site, and other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks. pavements, roadways, structures, and utilities not
designed for removal, relocation, or replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules,
regulations, and orders of any public body having jurisdiction. He will erect and
maintain as required by the conditions and progress of the WORK, all
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neces,sary safeguards for safety and protection.. He will notify owners of
adjacent utilities when prosecution of the WORK may affect them. The
CONTRACTOR will remedy all damage, injury, or loss to any property caused,
directly or indirectly, in whole or in part, by the CONTRACTOR, any
SUBCONTRACTOR or anyone directly or indirectly employed by any of them
or anyone for whose acts any of them be liable, except damage or ross
attributable to the fault of the CONTRACT DOCUMENTS or to the acts or
omissions of the OWNER or the ENGINEER or anyone employed by either of
them or anyone for whose acts either of them may be liable, and not
attribut?ble, directly or indirectly, in whole or in part, to the fault or negligence
of the CONTRACTOR.
11.3 In emergencies affecting the safety of persons or the WORK or property at the
site or adjacent thereto, the CONTRACTOR, without special instruction or
authorization from the ENGINEER or OWNER, shall act to prevent thre.atened
damage, injury, or loss. He will give the ENGINEER prompt WRITTEN
NOTICE of any significant changes in the WORK or deviations from the
CONTRACT DOCUMENTS cau~ed thereby, and a CHANGE ORDER shall
thereupon be issued covering the changes and deviations involved.
11.4 . The Contractor shall protect from damage all property in the vicinity of the work
or that is in any way affected by the work, the removal or destruction of which
is not called for by the Contract Documents. This applies to public and private
property, utility facilities, trees, grass, shrubs, crops, signs, monuments,
fences, pipe,underground structures, public roadways, sidewalks, curb and
gutters, driveways, and any other natural or manmade terrain features.
Whenever such property is damaged due to the Contractor's performance of
the work, the Contractor shall immediately restore it to condition equal to or
better than that existing before such damage or injury was done by the
Contractor. The Contractor shall make good all such damage or injury in an
acceptable manner at his own expense. In case of failure of the Contractor to
restore such property or to make good such damage or injury, the Owner may,
upon forty-eight (48) hours notice, proceed to repair, rebuild, or otherwise
restore such property as may be deemed necessary, and the cost thereof will
be deducted from any moneys due or which may become due the Contractor
under the terms of these Contract Documents.
11.5 Reasonable care shall be taken during construction to avoid damage to
vegetation. Ornamental shrubbery and tree branches s/:1all be tied back, where
appropriate, to minimize damage.' Trees which receive damage to branches
shall be trimmed of those branches to improve the appearance of the tree.
Tree trunks receiving damage from equipment shall be treated with a tree
dressing.
11.6 . The Contractor shall not enter upon private property for any purpose without
first obtaining permission, and he shall be responsible for the preservation of
all public and private property. The Contractor shall at all times while the work
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is in progress use extraordinary care to see that adjacent buildings are not
endangered in any way by reason of fire,water, or construction operations,
and to this end shall take such steps as may be necessary or directed to
protect the property there-from, and the same care shall be exercised by all
Contractor's and subcontractor's employees. The Contractor shall give due
notice to any controlling person, department, or public service company prior to
adjusting items to grade and shall be held strictly liable to the Owner if any
such items are disturbed, damaged, or covered up during the course of the
work. The Contractor shall not disturb, remove, or relocate any land
monuments and property marks until an authorized agent has witnessed or
otherwise referenced their location.
11.7 Any temporary drains and - drainage which may be required by the Contractor
during the construction period shall be furnished, installed, and maintained by
him. No such drains or drainage systems shall be installed or used without the
prior approval of the Engineer. At the completion of the work, all such drains
and drainage systems shall be removed and the premises returned to a neat
and clean condition.
11.8 Fire hydrants on or adjacent to the work shall be kept accessible to the
firefighting apparatus at all times, and no material or obstruction shall be
placed within 10 feet of any hydrant. Adjacent premises must be given access,
as far as practicable, and obstruction of sewer inlets, gutters, and ditches will
not be permitted.
11,9 The Contractor shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the work. The
Contractor shall take all necessary precautions for the safety of employees on
the work and shall comply with all applicable provisions of federal, state, and
local safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The
Contractor shall comply with the Department of Labor's Safety and Health
RegulaJions for construction promulgated under the Occupational Safety and
Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work
Hours and Safety Standards Act (PL 91-54). Copies of these regulations may
be obtained from the U. S, Govemment Printing Office, 275 Peachtree Street,
N.E., Atlanta, Georgia 30303.
11.10 The Contractor shall erect and properly maintain at all times, as required by the
conditions and progress of the work, all necessary safeguards, including
sufficierit lights and danger signals on or near the work; he shall erect suitable
railings, barricades, covers, or other protective devices about unfinished work,
open trenches, holes, embankments,or other hazards and obstructions where
hazards to workrnen or the public exist. The Contractor shall provide at all
times all necessary watchmen on the project for the safety of employees,
delivery personnel, and the general public and to diligently guard and protect
all work and materials, including Owner-furnished equipment. Construction
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equipment shall be suitably nightmarked and lighted as necessary for safety
considerations. No separate payment will be made for providing lights on
vehicles and equipment, signs, barricades, lights, flags, watchmen, and other
protective devices, and the costs thereof shall be included in the contract
price(s).
11.11 The Contractor shall comply with all applicable provisions of the "Manual of
Accident Prevention in Construction" issued by the Associated General
Contractors of America, Inc., and shall maintain an accurate record of all cases
of death and all cases of occupational disease and injury requiring medical
attention or causing loss of time from work, arising out of and in the course of
employment on the work under these Contract Documents.
The Contractor shall be solely responsible for the safety, efficiency, and
adequacy of his plant, appliances, and methods and for anx damage wrJich
may result from their failure or their improper construction, maintenance, or
operation.
11.12 The Contractor shall conduct his operations in a manner that will offer the least
possible obstruction and inconvenience to the public, and he shall not have
under construction an amount of work greater than he can prosecute properly
with due regard to the rights of the public. Construction operations shall be
conducted in a manner that will cause as little inconvenience as possible to
abutting property owners. Convenient access to driveways, houses, buildings,
or other facilities in the vicinity of the work shall be maintained and temporary
access facilities for public roadways shall be provided and maintained in
satisfactory condition.
11.13 Satisfactory facilities shall be provided by the Contractor for maintaining public
access and travel, and every effort shall be made to reduce any necessary
inconveniences to a minimum.
11.14 _ In emergencies affecting the safety of persons or the work or property at the
sIte _or adjacent thereto, the Contractor, without special instruction or
authorization from the Engineer or Owner, shall act to prevent threatened
damage, injury, or loss. He will give the Engineer prompt written notice of any
significant changes in the work or deviations from these Contract Documents
caused thereby, and a Change Order shall thereupon be issued covering the
changes and deviations involved. -
11.15 The Co-ntractor shall carefully preserve all monuments, bench marks, property
markers, reference points, and stakes. In case of his destruction thereof, the
Contractor will be charged with the expense of replacement and shall be
responsible for any mistake or loss of time that may be caused. Permanent
monuments or bench marks which must be removed or disturbed shall be
protected until properly referenced for relocation. The Contractor shall furnish
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materials and assistance for the proper replacement of such monuments or
bench marks.
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11 .16 Whenever, in the opinion of the Owner, the Contractor has not taken sufficient
precaution for the safety of the public or the protection of the work to be
constructed under these Contract Documents or of adjacent structures or
property, and whenever, in the opinion of the Owner, an emergency has arisen
and immediate action is considered necessary, then the Owner, with or without
notice to the Contractor, may provide suitable protection by causing work to be
done and material to be furnished and placed. The cost of such work and
- material shall be borne by the Contractor, and if the same is not paid on
presentation of the bills thereof, such costs may be deducted from any
amounts due or to become due the Contractor. The performance of such
emergency work shall not relieve the Contractor of responsibility for any
damage which may occur.
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely
responsible for the means, methods, techniques, sequences, and procedures
of construction. The CONTRACTOR will employ and maintain on the WORK a
qualified supervisor or superintendent who shall have been designated in -
writing by the CONTRACTOR as the CONTRACTOR's representative at the
site. The supervisor shall have full authority to act on behalf of the
CONTRACTOR and all communications given to the supervisor shall be as
binding as if given to the CONTRACTOR. The supervisor shall be present on
the site at all times as required to perform adequate supervision and
coordination of the WORK.
12.2 The Contractor shall supervise and direct the work efficiently using the best
skill and attention and shall be solely responsible for the means, methods,
techniques, sequences, and procedures of construction. The Contractor will
_ be responsible to see that the finished work complies accurately with the
Contract Documents.
12.3 The Engineer shall have the right to reject or demand replacement of such
superintendent at any time, with or without cause, solely at the' Engineer's
discretion, based upon objective or subjective reasons, which reasons the
Engineer may, but is not required to, disclose to the Contractor.
13. CHANGES IN THE WORK
13.1 The OWNER may at any time, as the need arises, order changes within the
scope of the WORK without invalidating the Agreement. If such changes
increase or decrease the amount _due under the CONTRACT DOCUMENTS,
or in the time required for performance of the WORK, an equitable adjustment
shall be authorized by CHANGE ORDER.
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. 13.2 The ENGINEER, also, may" at any time, by issuing a FIELD ORDER, make
changes in the details of the WORK, The CONTRACTOR shall proceed with
the performance of any changes in the WORK so ordered by the ENGINEER
unless the CONTRACTOR believes that such FIELD ORDER entitles him to a
change in CONTRACT PRICE or TIME, or both, in which event he shall give
the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the
receipt of the ordered change. Thereafter the CONTRACTOR.shall document
the basis for the change in CONTRACT PRICE or TIME within thirty (30) days.
The CONTRACTOR shall not execute such changes pending the receipt of an
executed CHANGE ORDER or further instruction from the OWNER.
13.3 The Owner reserves the right to make at any time, without prior notice to the
surety, such alterations in the Drawings or in the character of the work as the
Owner may consider necessary or desirable to complete the proposed yvork in
a satisfactory manner and consistent with the intent of these Contract
Documents. Notice of every such alteration or change shall be given in writing
to the Contractor by the Engineer, and no such alteration or change shall be
considered as constituting a waiver of any of the provisions of these Contract
Documents or as nullifying or invalidating any of such provisions. Should any
such alteration or change result in an increase or decrease in the quantity or
the cost of the work or materials described in these Contract Documents. the
total amount payable under the Contract will be accordingly modified. If
alterations or changes are thus made. the contract time will be correspondingly
modified, if the Contractor so requests, before commencing the work
attributable to such alterations or changes.
13.4 It is understood and agreed that the Contractor shall perform all extra work that
may be ordered in writing by the Engineer acting on the specific authority of the
Owner arising out of the modification of the Specifications or Drawings made or
approved by the Owner. For this extra work, the Contractor shall be
compensated as provided hereinafter and in the Change Order covering the
- extra work.
13.5 Extra work is defined as: .(1) that additional work of a different character or
function and. for which no basis. of payment is prescribed in these Contract
Documents; or (2) that work involving revisions of the details of the work in
such manner as to render inequitable payment under items upon which the
Contractor bid; or (3) that additional work of a similar nature and character as
that done under the unit prices named in these Contract Documents.
'13.6 No claim for extra work will be considered unless said extra work was ordered
in writing as aforesaid and the claim presented in writing to the Engineer within
30 days after receipt by the Contractor of the written order to perform said
extra work.
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13.7 If the performance of the extra work results in additional time being required by
the Contractor to complete' the work covered by these Contract Documents,
said Change Order will provide for an equitable extension in the contract time.
13.8 All Change Orders, including a change in technical design or an increase in
cost, must be approved by the Owner, the Engineer, and those governmental
agencies whose approval is required.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The
value of any WORK covered by a CHANGE ORDER or of any claim for
increase or decrease in the CONTRACT PRICE shall be determined by one or
more of the following methods in the order of precedence listed below:
(1) Method A
UNIT PRICES contained in the CONTRACTOR's Proposal for the same.
type or class or WORK.
(2) Method B
By an acceptable UNIT PRICE proposal from the CONTRACTOR.
(3) Method C
By an acceptable LUMP SUM PRICE proposal from the CONTRACTOR.
(4) Method 0
If neither method "B" or "c" can be agreed upon before the changed or
extra WORK is started. then the CONTRACTOR shall be paid the "actual
field cost" of the WORK plus 15 percent.
14.2 Whenever any change or extra WORK is to be done, for which UNIT PRICES
for the same type or class of work are contained in the CONTRACT
DOCUMENTS. such WORK shall be done and will be measured and paid for
p'ursuantto "Method A" hereinabove set forth and applicable portion of the
CONTRACT DOCUMENTS.
14.3 Methods Band C shall include an ITEMIZED COST BREAKDOWN for the
material and labor involved, and a maximum of 15 percent for overhead and
profit. In determining the amount payable to the CONTRACTOR. an additional
5 percent may be added to the amount payable to a SUBCONTRACTOR. but
no "pyramiding" or additional percentage will be authorized for any WORK
done by a SUBCONTRACTOR.
14.4 Resort will not be had. in any case, to "Method 0" until negotiation has been
entered into by the parties hereto under Methods B, or C as hereinabove set
forth.
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14.5 When any CHANGED or EXTRA WORK is performed under "Method D", the
term "ACTUAL FIELD COST" of such CHANGED or EXTRA WORK is hereby
defined to be and shall include:
(1) The actual payroll cost of all workmen such as foremen, equipment
operators, mechanics, and labore~s, for the time spent actually performing
the CHANGED or EXTRA WORK.
(2) All materials and supplies incorporated in the CHANGED or EXTRA
WORK.
(3) All machinery and equipment for the time actually employed or used in the
performance or the change or extra WORK based on the appropriate
State Department of Highway's Equipment Schedule in force at the date of
the Change Order.
(4) Any transportation charges necessarily incurred in connection with any
equipment authorized for use on said CHANGED or EXTRA WORK but
which is not already on the. site.
. (5) All power, fuel. lubricants, water, and similar operating expenses as well
as other expendable materials,
(6) All incidental expenses incurred as a direct result of. such CHANGED or
EXTRA WORK, including payroll taxes and a prorated portion of the
premium on the PERFORMANCE, PAYMENT and MAINTENANCE
BOND, and, where the premiums therefore are based on payroll cost, on
Public Liability and Property Damage Insurance, Workmen's
Compensation Insurance, and Occupational Disease Disability Insurance,
Builder's Risk, and ot~er insurance required by the CONTRACT.
(7) No repairs, replacements or other forms of overhead expense shall be
included in "ACTUAL FIELD COSTS".
14.6 The ENGINEER may direct the form in which the accounts of the ACTUAL
FIELD COSTS shall be kept and may also specify in writing, before the WORK
commences, the method of doing. the WORK and the type and kind of
machinery and equipment, if required, which shall be used in the performance
of any CHANGED or EXTRA WORK under Method "D". In the event that
machinery and heavy construction equipment are required for such CHANGED
or EXTRA WORK, the authorization and basis of payment for the use thereof
shall be stipulated in the CHANGE ORDER.
14.7 The 15 percent of the "ACTUAL FI ELD COST" to be paid to the
CONTRACTOR shall cover and be full compensation for the CONTRACTOR'S
profits, overhead, general superintendence, and field office expense, and all
other elements of cost not embraced within the "ACTUAL FIELD COST" as'
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herein defined. In determining the amount payable to the CONTRACTOR an
additional 5 percent may be added to the' amount payable to a
SUBCONTRACTOR, but no "pyramiding" or additional percentage will be
authorized for any WORK done by SUBCONTRACTORS.
14.8 When compensation for extra work is provided under paragraph 14.1 above,
the Contractor's representative and the Engineer shall compare records of
extra work done at the end of each day. Such records shall be made in
duplicate upon a form provided for such purpose by the Engineer and shall be
signed by both representatives referred to herein, one copy being submitted to
the Engineer and the other being retained by the Contractor.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES.
15.1 The date of beginning and the time for completion of the W.ORK ar~ essential
conditions of the CONTRACT DOCUMENTS and the WORK' embraced shall
be commenced on a date specified in the NOTICE TO PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such a rate of progress to
insure full completion within the CONTRACT TIME. It is expressly understood
and agreed, by and between the CONTRACTOR and the OWNER, that the
CONTRACT TIME for the completion of the WORK described herein is a
reasonable time, taking into consideration the average climatic and economic
conditions and other factors prevailing in the locality of the WORK.
15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT
TIME, or extension of time granted by the OWNER, then the CONTRACTOR
wiil pay to the OWNER the amount for liquid~ted damages as specified in the
BID for each calendar day that the CONTRACTOR shall be in default after the.
time stipulated in the CONTRACT DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with liquidated damages or any
excess cost when the delay in completion of the WORK is due to the following,
a'nd the CONTRACTOR has promptly g~ven WRITTEN NOTICE of such delay
to the ENGINEER.
15.4.1
To unforeseeable causes beyond the control and without the fault
or negligence of the CONTRACTOR, including but not restricted to,
acts of God, or of the public enemy, acts of the OWNER, fires,
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and abnormal and unforeseeable weather; and
15.4.2
To any delays of SUBCONTRACTORS occasioned by any of the
causes specified in this article.
15.5 The assessment of liquidated damages for failure to complete the WORK
within the CONTRACT TIME shall not constitute a waiver of the OWNER's
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right to collect any additional damages which the OWNER may sustain by
failure of the CONTRACTOR to carry out the terms of his CONTRACT.
15.6 Time extensions, however, will not be granted for rain, wind, flood or other
natural phenomena of normal intensity for the locality where WORK is
performed, For purpose of determining extent of delay attributable to unusual
weather phenomena. a determination shall be made by comparing the weather
for at least any continuous one-fourth of the CONTRACT PERIOD involved
with the average of the preceding 5 year climatic range during the same time
interval based on US Weather Bureau statistics for the locality where the
WORK is performed.
15.7 An extension of the CONTRACT PERIOD may be granted by the OWNER for
any of the following reasons:
(1) Additional WORK resulting from a modification of the CONTRACT
DOCUMENTS for the PROJECT.
(2) Any preference, priority or allocation order duly issued by the Government.
(3) Unforeseeable cause beyond. the control and without the fault or
negligence of the CONTRACTOR, including, but not restricted to, acts of
God which are unusual weather phenomena, or acts of the public enemy,
acts of the OWNER, fires, epidemics, quarantine restrictions, industrywide
strikes, freight embargoes, and severe weather as provided above.
(4) Delays of a CONTRACTOR'S SUBCONTRACTORS or suppliers
occasioned by any of the causes specified in (2) and (3) hereof.
15.8 Provided, however, the CONTRACTOR shall notify the OWNER through the
ENGINEER of the alleged cause of such delay as hereinbefore required. The
OWNER shall ascertain the facts and the eXtent of the delay with the
- assistance of the ENGINEER.
15.9 The number of days used in determining the amount of liquidated damages to
be paid by the Contractor for delay in completing the work shall be determined
by subtracting the contract time and any time extensions thereof from the time
actually required for the completion of the work. The time actually required for
the completion of the work is defined as the total number of calendar days from
the date of the Notice to Proce'ed to the date of substantial completion.
. 15.10 This provision for liquidated damages shall be effective between the parties
ipso facto without- necessity for demand or putting in default by any notice or
other means than by the terms of these Contract Documents, the Contractor
hereby waiving any such other notice of default and acknow'ledging that the
Contractor shall be deemed to be in default by the mere act of his failure to
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complete the work within the contract time, or within any valid extension of
such time hereunder.
15,11 It is understood and agreed that these liquidated damages are not a penalty,
but constitute liquidated damages for loss to the Owner because of increases
in expenses for administration, legal counsel, accounting, engineering and
construction supervision, and inspection and any other expenses incurred
directly as a result of the delay of the Contractor in completing t~e work.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and reexecute the WORK in
accordance with the CONTRACT DOCUMENTS and without - expense- to the
OWNER and shall bear' the expense of making good all WORK of other
CONTRACTORS destroyed or damaged by such removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR's
expense. If the CONTRACTOR does not take action to remove such rejected
WORK within ten (1 0) days after receipt of WRITTEN NOTICE, the OWNER
may remove such WORK and store the materials at the expense of the
CONTRACTOR.
16.3 If, in the opinion of the Engineer, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the work injured
or not performed in accordance with the Contract Documents, the
compensation to be paid to the Contractor hereunder shall be reduced by such
amount as in the judgment of the Engineer shall be equitable.
17. SUBSURFACE CONDITIONS
17.1 the Owner makes no representations .about any subsurface conditions that
may be encountered within the scope of the project. The ~ontractor should
satisfy himself/herself by onsite inspections. The risk of encountering and
correcting such subsurface condition shall be bome solely by the Contractor,
and the contract price shall include the cost of performing the work complete-
in-place.
18. SUSPENSION OF WORK. TERMINATION. AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period of not
more than ninety (90) days or such further time as agreed upon by the
CONTRACTOR, by - WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which -WORK shall be resumed.
The CONTRACTOR will resume that WORK on the date so fixed. The
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CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to any
suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a
general assignment for -the benefit of his creditors, or if a trustee or receiver ;s
appointed for the CONTRACTOR or for any of his property, or if he files a
petition to take advantage of. any debtor's act, or to reorganize under the
bankruptcy or applicable laws, or if he fails to supply sufficient skilled workmen
or suitable materials or equipment, or if he fails to make prompt payments to
SUBCONTRACTORS or for labor, materials, or equipment or if he disregards
laws, ordinances, rules, regulations, or orders of any public body having
jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or
if he otherwise violates any provision of the CONTRACT DOCUMENTS, then
the OWNER may, without prejudice to any other right or remedy and after
giving the CONTRACTOR and his surety a minimum of ten' (10) days from
delivery of a WRITIEN NOTICE, terminate the services of the CONTRACTOR
and take possession of the PROJECT and of all materials, equipment, tools,
construction equipment, and machinery thereon owned by the CONTRACTOR,
. and finish the WORK by whatever method he may deem expedient. In such
case the CONTRACTOR shall not be entitled to receive any further payment
until the work is finished. If the unpaid balance of the CONTRACT PRICE
exceeds the direct and indirect costs of completing the PROJECT, including
compensation for additional professional services, such excess SHALL BE
PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the
CONTRACTOR will pay the difference to the OWNER. Such costs incurred by
the OWNER will be determined by the ENGINEER and incorporated in a
CHANGE ORDER.
18.3 Where the CONTRACTOR's services have been so terminated by the
OWNER, said termination shall not affect any right of the OWNER against the
CONTRACTOR then existing or which may thereafter accrue. Any retention or
_ paym~nt of monies by the OWNER due to the CONTRACTOR will not release
the CONTRACTOR from compliance with the CONTRACT DOCUMENTS.
18.4 After ten (10) days from delivery of a WRITIEN NOTICE to the
CONTRACTOR and the ENGINEER, the OWNER may, without cause and
without prejudice to any other right or remedy, elect to abandon the PROJECT
and terminate the CONTRACT. In such case, the CONTRACTOR shall be
paid for all WORK executed plus reasonable profit.
18.5 If the performance of all or any portion of the WORK is suspended, delayed, or
interrupted as a result of a failure of the OWNER or ENGINEER to act within a
reasonable time, an adjustment in th~ CONTRACT PRICE or an extension of
the CONTRACT TIME, or both, shall be made by CHANGE ORDER to
compensate the CONTRACTOR for the costs and delays necessarily caused
by the failure of the OWNER or ENGINEER.
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18.6 The Contractor shall not suspend the work and shall not remove any
equipment, tools, supplies, materials, or other items without the written
permission of the Owner or Engineer.
18.7 The Owner shall have the authority to suspend the work wholly or in part, for
such' period as he may deem necessary, due to unsuitable weather; such other
conditions as are considered unfavorable for the suitable prosecution of the
work; or due to the failure on the part of the Contractor to carry out orders
given, prosecute the work satisfactorily and in a workmanlike manner, or to
perform any obligations or requirements of these Contract Documents. The
Contractor shall immediately comply with the written order of the Owner to
suspend the work wholly or in part. The suspended work shall be resumed
when conditions are favorable and methods are corrected, as ordered or
approved in writing by the Owner.
18.8 In the event that a suspension of the work is ordered by the Owner, the
Contractor shall at his expense do all the work necessary to secure the work
and the area affected by the work and to protect all previously completed work
as specified herein or as directed by the Owner. The suspension of the work
by the Owner shall not relieve the Contractor of any duties, obligations, or
responsibilities set forth in these Contract Documents. In the event the
Contractor fails to secure and protect the work and area as specified or as
ordered, the Owner and/or Engineer will perform, or cause to be performed, all
work considered necessary by the Engineer and the cost thereof will be
deducted from moneys due or to become due the Contractor under the terms
of these Contract Documents.
18.9 During unfavorable weather, wet ground, or other unsuitable construction
conditions, the Contractorshall confine his operations to work which will not be
affected adversely thereby. No portion of the work shall be constructed under
conditions which would adversely affect the quality or efficiency thereof, unless
- special means or precautions are taken by the Contractor to perform the work
in a proper and satisfactory manner.
19. PAYMENTS TO CONTRACTOR
19.1 At least ten (10) days before each progress payment falls due (but not more
than once a month), the CONTRACTOR will submit to the ENGINEER a partial
payment estimate filled out and signed by the CONTRACTOR covering the
WORK performed during the period covered by the partial payment estimate
and supported by such data as the ENGINEER may reasonably require. If
payment is requested on the basis of materials and equipment not
incorporated in the WORK but delivered and suitably stored at or near the site,
the partial payment estimate shall also be accompanied by such supporting
data, satisfactory to the OWNER, as will establish the OWNER's title to the
material and equipment and protect his interest therein, including applicable
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insurance. The ENGINEER will either indicate in writing' his approval of
payment and present the partial payment estimate to the OWNER, or return
the partial payment estimate to the CONTRACTOR indicating in writing his
reasons for refusing to approve payment. In the latter case, the
CONTRACTOR may make the n'ecessary corrections and resubmit the partial
payment estimate. The OWNER will pay the CONTRACTOR a progress
payment on the basis of the approved partial payment estimate. The OWNER
shall retain ten (10) percent of the amount of each payment until final
completion and acceptance of all work covered by the CONTRACT
DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of
the WORK has been completed, if he finds that satisfactory progress is being
made, shall reduce retainage to five (5%) percent on the current and remaining
estimates. When the WORK is SUBSTANTIALLY COMPLETE (operational or
beneficial occupancy), the retained amount may be further reduced below five
(5) percent to only that' amount necessary to assure, compl~tjon. On
completion and acceptance of a part of the WORK on which the price is stated
separately in the CONTRACT DOCUMENTS, payment may be made in full,
including retained percentages, less authorized deductions.
19.2 The request for payment may also include an allowance for the cost of such
major materials and equipment which are suitably stored either at or near the
site.
19,3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the concurrence of
the CONTRACTOR, may use any completed or SUBSTANTIALLY
COMPLETED portions of the WORK. Such use shall not constitute an.
acceptance of such portions of the WORK.
19.4 The OWNER shall have the right to enter the premises for the purpose of doing
work not covered by the CONTRACT DOCUMENTS. This provision shall not
be construed as relieving the CONTRACTOR of the sole responsibility for the
care and protection of the WORK, or the restoration of any damaged WORK
- ~xcept such as may be caused by'agents or employees of the OWNER.
19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a
certificate attached to the final payment request that the WORK has been
accepted by him under the conditions of the CONTRACT DOCUMENTS. The
entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the
OWNER, shall be paid to the 'CONTRACTOR within thirty (30) days of
completion and acceptance of the WORK.
19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER's
agents harmless from all claims growing out of the lawful demands of
SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, tools, and all supplies,
incurred in the furtherance of the performance of the WORK. The
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CONTRACTOR shall, at the OWNER's request, furnish satisfactory evidence
that all obligations of the nature designated above have been paid, discharged,
or waived. If the CONTRACTOR fails to do so the OWNER may, after having
notified the CONTRACTOR, either pay unpaid bills or withhold from the
CONTRACTOR's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged whereupon payment to
the CONTP~CTOR shall be resumed, in accordance with the terms of the,
CONTRACT DOCUMENTS, but in no event shall the provisions of this
sentence be construed to impose any obligations upon the OWNER to either
the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of
the CONTRACTOR, any payment so made by the OWNER shall be
considered as a payment made under the CONTRACT DOCUMENTS by the
OWNER to' the CONTRACTOR and the OWNER shall not be liable to the
CONTRACTOR for any such payments made in good faith,
19.7 No separate payment will be made for any items specified in the General
Conditions. Payments for such items shall be included in the unit price and
lump sum prices bid by the Contractor for items listed in the Bid Schedule.
19.8 The Contractor shall accept compensation provided in these Contract
Documents as full payment for furnishing all labor, materials, supplies, tools,
equipment, taxes, fees, employee benefits, incidentals, service, transportation,
risk, contingencies, and other items necessary or convenient to the completed
work and for performing all work contemplated and embraced in these Contract
Documents; for loss or damage arising from the nature of the work, from the
action of the elements, or from any unforeseen difficulties which may be
encountered during the prosecution of the work until the acceptance by the
Owner; for all risks of every description connected with the prosecution of the
work; for all expenses incurred in consequence of the suspension or
discontinuance of the work as provided in these Contract Documents; and for
completing the work in acco'rdance with these Contract Documents. Neither
- the payment of any estimate, nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material or of
any provisions of these Contract Documents.
19.9 No compensation will be made in any case for loss of anticipated profits.
19.10 The basis of payment shall be the contract unit prices and/or contract lump
sum price( s) named in these Contract Documents.
19.11 The measurement of quantities shall be made by the Engineer in accordance
with the Specifications and other Contract Documents.
19.12 If the Contract is based on a unit price bid, the items of work to be measured
and the units of measurement shall be as set forth in the Bid Proposal Form.
Only net quantities of finished work will be measured. Any items of work not
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set forth in the Bid Proposal Form, but necessary or convenient for the
satisfactory completion of the work under the terms of these Contract
Documents, shall not be measured separately and shall be considered a part
of said items of work set forth in the Bid Proposal Form.
19.13 If the Contract is based on a lump sum bid, the measurement of quantities for
progress estimates and progress payment requests will be made by the
Contractor, subject to the Engineer's approval, and will be based on items of
work and the value thereof contained in the Contractor's Schedule of Values.
A final measurement of quantities will not be required.
19.14 The Contractor may submit to the Engineer a progress payment request for the
amount of work accomplished, products fumished, and products stored at the
site during the previous month. Three (3) signed copies of each request shall
be fumished. The progress payment request shall be signed by the ,Contractor
and be supported by such data as the Engineer may reasonably require. If
payment is requested for products not incorporated in the work but delivered
and suitably stored at or near the site, the progress .payment request shall also
be accompanied by such, supporting data, satisfactory to the Owner, as will
establish the Owner's title to said products and protect his interest therein,
including appropriate insurance. The 'Contractor shall fumish a proper and
duly executed written authorization designating those persons who will be
authorized to sign and/or certify progress payment requests for the Contractor, ,
19.15 It is understood and agreed that the approval of the progress payment request
and the paying of a partial payment shall not be construed as acceptance of
any work, materials, or products and shall not relieve the qontractor in any way
from his responsibilities and obligations under these Contract Documents.
19.16 A partial payment will not be made when, in the judgment of the Owner or the
Engineer, the work is not proceeding in accordance, with any of the provisions
of these Contract Documents.
19.17 Upon completion of the work and after final acceptance of the work by the
Owner, the Engineer will be authorized to prepare a final estimate of the work
performed by the Contractor under these Contract Documents and to prepare
a final payment request. Preparation of the final estimate and final payment
request will not be authorized until the affidavits, releases of liens, and other
statements and certifications required of the Contractor under these Contract
Documents have been received by the Owner. The Engineer will submit to the
Owner 'the final estimate, and the final payment request, together with, a
certification stating that the work is complete and in substantial conformance
with these Contract Documents. The entire balance found to be due the
Contractor, including retained percentages, but except such sums as may be
retained under any provisions of these Contract Documents, will be paid to the
Contractor. .
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19.18 Final payment to the Contractor by the Owner shall not serve to release the
Contractor or his sureties from their obligations or responsibilities' under or in
connection with these Contract Documents.
19,.19 The acceptance by the Contractor of final payment shall be and shall operate
as a release to the Owner of all claims and all liability to the Contractor other
than claims in stated amounts as may be specifically excepted by the
Contractor for all things done or fumished in connection with the work under
these Contract Documents and for every act and neglect of the Owner and
others relating to or arising out of this work.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and shall
operate asa release to thE? OWNER of all claims and. all Iiabi)ity to the
, CONTRACTOR other than claims in stated amounts as may be spe'cifically
excepted by the CONTRACTOR for all things done or furnished in connection
with this WORK and for every act and neglect of the OWNER and others
relating to or arising out of this WORK. Any payment, however, final or
otherwise, shall not release the CONTRACTOR or his sureties from any
obligations under th'e CONTRACT DOCUMENTS or the Performance BOND
and Payment BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such insurance as will
protect him from claims set forth below which may arise out of or result from
the CONTRACTOR's execution of the WORK, whether such execution be by
himself or by any other SUBCONTRACTOR or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be
liable:
21.1.1 Claims under workman's compensation, disability benefit, and other
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similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness
or disease, or death of his employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease,
or death of any person other than his employees;
21.1.4 Claims for damages insured by usual personal injury liability
coverage which are sustained (1) by any person as a result of an offense
directly or indirectly related to the employment of such person by the
CONTRACTOR, or (2) by any other person; and
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21.1.5 Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the
OWNER prior to commencement of the WORK. These Certificates shall
contain a provision that coverage' afforded under the policies will not be
canceled unless at least thirty (30) days prior WRITTEN NOTICE has been
given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own expense, during
the CONTRACT TIME, liability insurance as hereinafter specified, The limits of
liability the CONTRACT TIME, liability insurance as hereinafter specified. The
limits of liability must be at least equal to the limits carried by Augusta-
Richmond County.
21.3.1 CONTRACTOR's General Public Liability and Property [Jamage
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 $1,000,000 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 not less than $1,000,000 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 $1,000,000 for
all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less than $1,000,000 aggregate for any such damage
sustained by two or more persons in anyone accident.
21.3,2 The CONTRACTOR shall acquire and maintain, if applicable. Fire
a'nd EXtended Coverage insurance upon the PROJECT .to the full insurable
value thereof for the benefit of the OWNER, the CONTRACTOR, and
SUBCONTRACTOR as their Interest may, appear. This provision shall in no
,way release the CONTRACTOR or CONTRACTOR's Surety from obligations
under the CONTRACT DOCUMENTS to fully complete the PROJECT.
21.4 The CONTRACTOR shall procure' and maintain, at his own expense, during
the CONTRACT TIME, in accordance with the provisions of the laws of the
state in which the work is performed, WORKMEN'S Compensation Insurance,'
including occupational disease provisions for all of the latter's employees
unle'ss 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
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shall cause each SUBCONTRACTOR to provide, adequate, and suitable
insurance for the protection of his employees not otherwise protected.
21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk
Insurance for WORK to be performed. Unless specifically authorized by the
OWNER, the amount of such insurance shall not be less than the CONTRACT
PRICE totaled in the BID. 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. The policy shall name as the insured the
CONTRACTOR, the ENGINEER, and the OWNER.
21.6 Each insurance policy shall be renewed 10 days before the expiration date
thereof.
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21.7 Insurance policies must be carried by a recognized insurance company
licensed to do business in the state in which the project is constructed and
approved by the Owner's Attorney.
21.8 The Contractor's and his subcontractor's public liability and property damage
insurance shall provide protection in the amounts specified in Paragraph 21.3,1
of the General Conditions against the following special hazards:
1. Damage by blasting;
2. Damage to existing structures;
3. Damage to pri\fate driveways, walks, shrubbery, plantings, etc.;
4. Damage to public utilities, electric, water,' telephone, gas,
sewerage, etc.; and
5. Damage to US government markers.
The insurance certificates themselves must contain the naming of the
aforestated special hazards.
21.9 The Contractor shall not commence work under this Contract until he has
obtained all of the insurance required and such insurance has been approved
by the Owner, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until the insurance required of the subcontractor has
been so obtained and approved.
21.10 In the event any insurance coverage should be canceled or allowed to lapse,
the Contractor will not be permitted to work until adequate' and satisfactory
insurance is in effect. Failure to keep insurance p.olicies in effect WILL NOT be
cause for any claims for extension of time under this Contract.
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22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE
OF AWARD furnish the OWNER with a Performance Bond and a Payment
Bond in penal sums equal to the amount of the CONTRACT PRICE,
conditioned upon the performance by the CONTRACTOR of all undertakings,
covenants, terms, conditions, and, agreement of the CONTRACT
DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all
persons supplying labor and materials in the prosecution of the WORK
provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed
by the CONTRACTOR and a corporate bonding company licensed to transact
such business in the state in which the WORK is to be performed and named
, on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of
. these BONDS shall be bome. by the CONTRACTOR. If at anytime a sWety on
any such BOND is declared a bankrupt or loses its right to do business in the
state in which the WORK is to be performed or is removed from the list of
Surety Companies accepted' on Federal Bonds, CONTRACTOR shall within
ten (10) days after notice from the OWNER t6 do so, substitute an acceptable
BOND (or BONDS) in such .form and sum signed by such other surety or
sureties as may be satisfactory to the OWNER. The premiums on such BOND
shall be paid by the CONTRACTOR. No further payments shall be deemed
due nor shall be made until the new surety or sureties shall have fumished an
acceptable BOND to the OWNER.
22.2 Payment Bond in the amount of 100 percent of the contract price and a
Performance Bond in the amount of 100 percent of the contract price shall be
required in the form set forth in the Contract Documents.
22.3 Whenever a Construction and Maintenance or Maintenance Bond may be
required in these Contract Documents, the same shall be the Performance
Bond included herein.
22.4 - The attorney-in-fact or officer who signs the Performance Bond and the
Payment Bond for a surety must' file with such bond a certified copy of his
power of attorney authorizing him,to do so.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or
otherwise dispose of the CONTRACT or any portion thereof, or of his right,
title, or interest therein, or his obligations thereunder, without written consent of
the other party.
23.2 In case the Contractor assigns all or any part of any money due or to become
due under this Contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of the assignee in and
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to any money due or to become due to the Contractor shall be subject to prior
claims of all persons, firms, and corporations for services rendered or materials
supplied for the performance of the work called for in these Contract
Documents.
24. INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the
ENGINEER and their agents and employees from and against all claims,
damages, losses, and expenses, including, but not limited to attomey's fees,
arising. out of or resulting from the performance of the WORK, provided that
any such claims, damage, loss, or expense is attributable 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 but only
to the extent caused in whole or in part by any negligent acts or omissions of
the CONTRACTOR, a SUBCONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the OWNER or the ENGINEER, or any of their
agents or employees, by any employees of the 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 shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation
acts, disability benefit acts, or other employee benefit acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to
the liability of the ENGINEER, his agents or employees arising out of the
preparation or approval of maps, DRAWINGS, opinions, reports, surveys,
CHANGE ORDERS, designs or SPECIFICATIONS.
24.4 It is understood and agreed that the Contractor shall be deemed and
considered an independent contractor in 'respect to the work covered by these
Contract Documents and shall assume all risks and responsibility for casualties
of every description in c.onnection with the work, except that he shall not be
held liable or responsible for delays or damage to work caused by acts of God,
acts of public enemy, quarantine restrictions, general strikes throughout the "
trade, or freight embargoes not caused or participated in by the Contractor.
The Contractor shall. have. charge and control of the entire work until
completion and final acceptance of the work by the Owner.
24.5 The Contractor shall require his insurance carrier to add the Owner, his
professional consultants and their agents as additional insureds under the
Co.ntractor's general liability insurance policy with respect to the services
performed by the contractor for the Owner.
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25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other CONTRACTS in connection with
this PROJECT. The CONTRACTOR shall afford other CONTRACTORS
reasonable opportunity for the introduction and storage of their materials and
the execution of their WORK, and shall propedy connect and coordinate his
WORK with theirs. If the proper execution or results of any part of the
CONTRACTOR'S WORK depends upon the WORK. of any other
CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the
ENGINEER any defects in such WORK that render it unsuitable for such
proper execution and results.
- 25.2 The OWNER may perform additional WORK related to the PROJECT by
himself, or he may let other CONTRACTS containing provisions similar to
these. The CONTRACTOR will afford the other CONTRACTORS who are
parties to such CONTRACTS (or the OWf'JER, if he is performing the additional
WORK himself), reasonable opportunity for the introduction and storage of
materials and equipment and the execution of WORK, and shall properly
connect and coordinate his WORK with theirs.
26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS
on those parts of the WORK which, under normal contracting practices, are
performed by specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in
excess of fifty (50) percent of the CONTRACT PRICE, without prior written
approval of the OWNER.
26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and
omissions of his SUBCONTRACTORS, and of persons either directly or
- indjrec~ly employed by them, as he is for the acts and omissions of person
directly employed by him. .
26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all
SUBCONTRACTS relative to the WORK to bind SUBCONTRACTORS to the
CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as
applicable to the WORK of SUBCONTRACTORS and to give the
CONTRACTOR the same power as regards terminating any SUBCONTRACT
that the OWNER may exercise over the CONTRACTOR under any provision of
' the CONTRACT DOCUMENTS.
26.5 Nothing contained in this CONTRACT shall create any contractual relation
between any SUBCONTRACTOR and the OWNER.
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26.6 The Contractor shall give his personal attention to the fulfillment of the Contract
and shall at all times keep the work under his control.
26.7 The Contractor may subcont~act portions of the work; however, he shall not
award any work to any subcontractor without prior written approval of the
Owner. The Owner's approval will not be given until the Contractor submits to
the Owner a satisfactory statement concerning the proposed award to a
subcontractor. "Work" as used herein, shall include the procurement and/or
fabrication and the installation of the equipment described in the Specifications.
26.8 . The Contractor shall be as fully responsible to the Owner for the acts and
omissions of his subcontractors, and of persons either directly or indirectly
employed by them, as he is for acts or omissions of persons directly employed
by him. All subcontractors shall be deemed to be agents ,of the Contractor.
26.9 The approval of the Owner of any subcontractor shall not, under any
circumstances, operate to relieve the Contractor or his sureties of any of his or
their obligations under these Contract Documents. It is understood and agreed
that all subcontracts and approvals of subcontractors shall be based upon the
requisite of performance. by the subcontractor in accordance with these
Contract Documents; and should any subcontractor fail to perform his work to
the satisfaction of the. Engineer, the Owner shall have the absolute right to .
rescind his approval at once and to require the performance of such work by
the Contractor or entirely or in part through other approved subcontractors.
26.10 The Contractor shall submit a list of the names and addresses of proposed
subcontractors, together with the type of work to be provided, with his bid. The
Contractor will not be allowed to make changes in the list without the Owner's
approval.
26.11 The Contractor shall cause appropriate provIsIons to be inserted in all
subcontracts relative to the work to bind subcontractors to the Contractor by
the terms of these Contract Documents insofar as applicable to the work of
subcontractors and to give the Contractor the same power as regards
tenminating any subcontract that the Owner may exercise over the Contractor
under any provision of these Contract Documents.
26.12 The Contractor shall inspect all work performed by subcontractors for
compliance with these Contract Documents.
27. ENGINEER'S AUTHORITY
27.1 The ENGINEER ,shall act as the OWNER's representative during the
construction period. He shall decide questions which may arise as to quality
and acceptability of materials furnished and WORK performed. He shall
interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased
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manner. The ENGINEER may make visits to the site and determine if the
WORK is proceeding in accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR shall perform all of the WORK herein specified under the
general direction, and to the entire satisfaction, apprqval, and acceptance of
the Engineer. The Engineer shall decide all questions relating to
measurements of quantities, the character of the WORK performed and as to
whether the rate of progress is such that the WORK will be completed within
the time limit of the Contract. All questions as to the meaning of these
Specifications will be decided by the Engineer.
27.3 The approval of the Engineer of any materials, plants, equipment, Drawings, or
of any other items executed, or proposed by the Contractor, shall be construed
only to constitute an approval of general design. Such approval shall not
relieve the Contractor from the performance of the WORK in -accordance with
the Contract Documents, or from any duty, obligations, performance
guarantee, or other liability imposed upon him by the provisions of the
Contract.
27.4 The CONTRACTOR will be held strictly to the intent of the CONTRACT
DOCUMENTS in regard to the quality of materials, workmanship, and
execution of the WORK. Inspections may be made at the factory or fabrication
plant of the source of material supply.
27.5 The ENGINEER will not be responsible for the construction means, controls,
techniques, sequences, procedures, or construction safety. .
27.6 The ENGINEE~ shall promptly make decisions relative to interpretation of the
CONTRACT DOCUMENTS.
27.7 The Engineer mayappoint such inspectors as he may desire. Inspection will
extend to all parts of the work' and to the preparation and manufacture of the
- materials to be used. An inspector is placed on the work to keep the Engineer
and Owner informed, as to .the progress of construction and the manner in
which it is being done and also to call to the attention of the Contractor any
deviation from the Drawings and Specifications.
27.8 The inspectors have the authority to reject defeCtive material or work that is
being improperly done subject to the final decision of the Engineer. The
inspectors are not authorized to revoke, alter, enlarge, or relax the provisions
of these conditions, nor are they authorized to approve or accept any portion of
the completed work, or to issue instructions contrary to the Drawings and
Specifications.
27.9 The Contractor may request written instructions from the Engineer upon any
important items which lie within the inspector's jurisdiction.
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27.10 In providing the Owner with consulting and inspection services during
construction, the Engineer and his employees do not assume any duty to
supervise construction and safety' procedures followed by any contractor,
subcontractor and/or their respective employees or to any other person; nor for
any public liability or for property damage caused through acts of the
Contractor, subcontractor, and/or their respective employees or any other
persons.
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land
and rights-of-way necessary for carrying out and for the completion of the
WORK to be performed, pursuant to the CONTRACT DOCUMENTS, unless
otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which delineates
and describes the lands owned and rights-of-way acquired.
28.3 The CONTRACTOR shall provide at his own expense and without liability to
the OWNER any additional land and access thereto that the CONTRACTOR
may desire for temporary construction facilities, or for storage of materials.
28.4 In the event all land and rights-of-way have been obtained as herein
contemplated before construction begins, the Contractor shall begin the work
upon such land and rights-of-way as the owner may have previously acquired,
and no claim for damages whatsoever will be allowed by reason of the delay in
obtaining the remaining land and rights-of-way. Should the Owner be
prevented or enjoined from proceeding with the work, or from authorizing its
prosecution, . either before or after the commencement, by reason of any
litigation, or by reason of its inability to procure any lands or rights;"of-way for
the work, the Contractor shall not be entitled to make or assert claim for
damage by reason of said delay, or to withdraw from the Contract except by
- consef1t of the Owner; but time for completion of the work will be extended to
such time as the Owner determines will' compen~ate for the time lost by such
del~y, such determination to be set forth in writing. .
29. GUARANTY
29.1 The CONTRACTOR shall guarantee all materials and equipment fumished and
WORK performed for a period of one (1) year from the date of ACCEPTANCE
BY OWNER. The CONTRACTOR warrants and guarantees for a period of
one (1) year the completed system is free from all defects due to faulty
materials or workmanship- and the CONTRACTOR shall promptly make such
corrections as may be necessary by reason of such defects including the
repairs of any damage to other parts of the system resulting from such defects.
The OWNER will give notice of observed defects with reasonable promptness.
In the event that the CONTRACTOR should fail to make such repairs,
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adjustments, or other WORK that may be made necessary by such defects,
the owner may do so and charge the CONTRACTOR the cost thereby
incurred. The PERFORMANCE BOND shall remain in full force and effect
through the guarantee period.
30. TAXES. PERMITS AND LICENSES
30.1 The CONTRACTOR will pay: all sales, consumer, use, and other similar taxes
required by the law of the place where the WORK is performed.
30.2 . The Contractor shall pay all applicable taxes levied by federal, state, and local
governments and obtain all permits on any part of the work as required by law
in connection with the work. It is understood and agreed that the cost of said
taxes is included in the contract price(s) for the work.
30.3 . The Contractor shall procure all temporary and permanent permits and
licenses necessary and incidental to the due and lawful prosecution of the work
and shall pay all charges and fees, and all costs thereof shall be deemed to be
included in the contract price( s) for the work.
31. DISPUTES
31.1 All claims, disputes and other matters in question between the Owner and the ~b
Contractor arising out of or relating to the Agreement, or the breach thereof, .
shall be decided in tne Superior Court of Richmond County, Georgia. The J
Contractor, by executing this agreement, specifically consents to venuefnJ~~
Richmond County and waives any right to contest the venue in the Superior ~ '
Court of Richmond County, Georgia. .
32. CONTRACT PROVISIONS REQUIRED BY LAW
32.1 It is understood and agreed that each and every provision and clause required
- by local, state, and federal laws to be inserted in these Contract Documents
shall be deemed to be inserted herein in their entirety, and the Contract
Documents shall be read and enforced as though they were included herein. If
through mistake or otherwise any such provision or clause is not inserted or is
not correctly inserted, these Contract Documents shall forthwith be physically
amended to make such insertion or correction upon the application of either
party of the Contract.
33. PROHIBITED INTEREST
33.1 No member of or delegate to Congress or resident commissioner shall be
admitted to any share or part of this Contract or to any benefit that may arise
therefrom, but this provision shall not be construed to extend to this Contract if
made with a corporation for its general benefit.
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33.2 No official of the Owner who is authorized in such capacity and on behalf of the
Owner to negotiate, make, accept or approve, or to take part in negotiating,
making, accepting, or approving any architectural, engineering, inspection,
construction, or material supply contract or any subcontract in connection with
the construction of the project, shall become directly or indirectly interested
personally in this Contract or in any part hereof. No officer, employee,
architect, attorney, engineer, or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise. any legislative,
executive, supervisory, or other similar functions in connection with the
construction of the project, shall become directly or indirectly interested
personally in this contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the project.
34. USE OF PREMISES AND REMOVAL OF DEBRIS
34.1 The Contractor expressly undertakes at his own expense:
(d)
(e)
(f)
(a)
To take every precaution against injuries to persons or damage to
property; \
(b)
To store his apparatus, materials, supplies, and equipment in such
orderly fashion at the site 'of the work as will not unduly interfere
with the progress of his work or the work of any other contractors;
(c)
To place upon the work or any part thereof only such loads as are
consistent with the safety of that portion of the work; ,
To clean up frequently all refuse, rubbish, scrap materials, and
debris caused by this operation, to the end that at all times the site
of the work shall present a neat, orderly, and workmanlike
appearance;
Before final payment. to remove all surplus material, false work,
temporary structures, includtng foundations thereof, plant of any
description, and debris of every nature resulting from his
operations, and to put the site in a neat, orderly condition;
To effect all cutting, fitting, or patching of his work required to make
the same conform,to the Drawings and Specifications and, except
with the cO!1sent of the Engineer, not to cut or otherwise alter the
work of any other contractor. '
35. ESTIMATE OF QUANTITIES
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35.1 When the Bid Proposal Form contains the provision for receiving bids based on
unit prices for various items comprising the complete work, the quantities
indicated are approximate only, being given as a basis for comparison of bids.
The Owner does not, expressly or by implication, agree that the actual quantity
of the items will correspond with the estimated quantity shown in the Bid
Proposal Form, and reserves the right to increase or decrease the amount of
any item or portion of the work, or to omit portions of the work, as may be
deemed necessary or advisable by the Engineer.
. 35.2 When the Bid Proposal Form contains the provision for receiving bids based on
a lump sum price, the Contractor shall be held responsible for having prepared
his own estimate of the quantities necessary for the satisfactory completion of
the work specified in these Contract Documents and for having based the lump
sum price bid on his estimate of quantities.
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35.3 It is understood and agreed that the Contractor shall be held responsible for
the inclusion of the cost of all incidental items of work necessary or convenient
for the satisfactory completion of the work, in accordance with and within the
intent of these Contract Documents, in the price( s) bid and that the price( s) bid
provide for the satisfactory completion of the work specified in these Contract
Documents.
36. CONTRACTOR'S OBUGA TIONS
36.1 The Contractor shall in good workmanlike manner perform all work and furnish
all supplies and materials, machinery, equipment, facilities, and means, except
as herein otherwise expressly specified, necessary or proper to perform and
complete the work required by this Contract, within the time herein specified, in
accordance with the provisions of this Contract and said Specifications and in
accordance with the Drawings covered' by this Contract and all supplemental
Drawings, and in accordance with the directions of the Engineer as given from
time to time during the progress of the work. He shall furnish, erect, maintain,
and remove such construction plant and such temporary works as may be
- required. The Contractor shall' observe, comply with, and be subject to all
terms, conditions, requirements, and limitations of the Contract and
SpeCifications and shall do, carry on, and complete the entire work to the
satisfaction of the Engineer and the Owner.
36.2 The Contractor shall restore disturbed areas to original or better condition.
36.3 When work performed under this Contract is in areas where easements and
working agreements have been obtained by the Owner on private properties, it
shall be the responsibility of the Contractor to protect trees, shrubs, gardens,
etc., insomuch as is possible and to restore said properties to the satisfaction
of the property owners. Said protection and restoration shall include but not be
limited to the fencing off of tr~es and shrubs, transplanting of trees and shrubs,
etc., replacing topsoil removed with topsoil of equal or better quality,
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regrassing, and replacing fences. All expenses for said protection and
restoratiol} shall be borne by the Contractor, and no separate payment shall be
made for this work.
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36.4 When work is done on private property in easements and working agreements
obtained by the Owner, the Contractor shall furnish affidavits from the property
owners attesting to the faCt that their property has been satisfactorily restored
before that portion of the work will be considered for final payment.
37. PAYMENTS BY CONTRACTOR
37.1 The Contractor shall pay (a) for all transportation and utility services not later
than the 20th day of the calendar month following that in which services are
rendered; (b) for all materials, tools, and other expendable equipment to the
extent of 90 percent of the, cost thereof, not later than the 20th ,da~ of the
calendar month following that in which such materials, tools, and equipment
are delivered at the site of the project, and the balance of the cost thereof not
later than the 30th day following the completion of that part of the work in or on
which such materials, tools, and equipment are incorporated or used; and (c)
to each of his subcontractors, not later than the 5th day following each
payment to the Contractor, the respective amounts allowed the Contractor on
account of the work performed by his subcontractors to the extent of each .
subcontractor's interest therein.
38. WAIVER
38.1 It is expressly understood and agreed that any waiver granted by the Engineer
or the Owner of any term, provision, or covenant of this Contract shall not
constitute a precedent nor breach of the same or any other terms, provisions,
or covenants of this Contract.
38.2 Neither the acceptance of"the work by the Owner nor the payment of all or any
part of the sum due the Contractor hereunder shall constitute a waiver by the
Owner' of any claim which the Owner'may have against the Contractor or
surety under this Contract or otherwise.
39. CHEMICALS
39.1 All chemicals used during project construction or furnished for project
operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of
other classification, mlist show approval of either EPA or USDA. Use of all
chemicals Cind disposal of residues shall strictly conform with the
manufacturer's instructions.
40. CONNECTING OF EXISTING WORK
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40.1 The Contractor shall remove such existing material as is necessary in order to
, make the proper landscaping connections. Also, he shall place any necessary
other materials in 'order that on completion of the Contract, all area has
established grass. No extra payment shall be made for this work, but the
entire cost of the same shall be included in the price bid for the various items of
the work to be done under this Contract.
41. PROGRAM AND METHOD OF CONSTRUCTION
41.1 The order or sequence of execution of the work, the methods of construction,
the general conduct of the work, and the general arrangements of the
construction plant to be installed shall at all times be subject to the approval
and direction of the Engineer. If at any time before the commencement or
during the progress of the work, or any part of it, such methods, features, and
appliances used or to be used appear to the Engineer as 'unsafe, -insufficient,
or improper, he may order the Contractor to increase their safety or efficiency
or to improve their character, and the Contractor shall conform to such orders,
but the failure of the Engineer to demand any increase of such safety,
efficiency, adequacy, or any improvement shall not release the Contractor from
his obligation to secure the safe conduct and quality of the work specified.
42. BUILDING AND SHANTIES
42.1 No shanties, camps, or buildings for the housing of men employed .on the work
shall be erected on land owned or leased by the Owner unless a permit, in
writing, is secured from the Owner allowing their construction. Should
permission be asked and granted, the Contractor must comply with all
regulations regarding the construction and maintenance of such buildings.
43. SEWAGE. SURFACE. AND FLOOD FLOWS
43.1 The Contractor shall furnish all necessary equipment, materials, and labor at
- his expense for handling, passing, and disposing of all sewage, s~epage,
surface, subsurface, and flood flows encountered at any time during the
prosecution of the work., It is understood and agreed that the Contractor shall
bear all risks associated with said flows; shall indemnify the. Owner and the
Engineer from any liabilities resulting from said flows; and shall not make any
claim for additional compensation for delays or damage resulting from said
flows. The manner of providing for these flows shall be satisfactory to the
Engineer and in conformance with all applicable laws and regulations.
43.2 The Contractor will minimize siltation and bank erosion during construction.
43.3 During the period of construction the Contractor shall cooperate with the
Owner's employees in maintaining all existing facilities in operation. The cost
of any temporary connections or bypasses shall be included in the price bid for
other items of work under this Contract as no separate payment will be made.
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43.4 No wastewater will be bypassed during construction unless a schedule has
been approved by the applicable state Department of Public Health and the
EPA if required pursuant to terms of NPDES permit.
44. OBSTRUCTIONS ENCOUNTERED
44.1 In addition to showing the structures to be built under, this Contract, the
Drawings show certain information obtained by the Owner regarding the
pipelines and other structures which exist along the site of the work. both at
and below the surface of the ground. The Owner expressly disclaims any
responsibility for the accuracy or completeness of the information , said
structures and pipelines being shown only for the convenience of the
Contractor who must verify the information to his own satisfaction. The giving
of this information upon. the Drawings will not relieve the Contractor of his
obligations to support and protect all pipelines and other structures which may
be encountered during the construction of the work and to make good all
damages done to such pipelines and structures as provided in these General
Conditions.
45. USE OF STREETS
45.1 During the progress of the work, the Contractor shall make ample provision for
both vehicular and foot traffic on any public road and shall indemnify and save
harmless the Owner from any expense whatsoever due to his operations over
said roadways. The Contractor shall also provide free access to all fire
hydrants and water and gas valves located along the line of his work. Gutters
and waterways must be kept open or other provisions made for the removal of
storm water. Street intersections may be blocked only onehalf at a time, and
the Contractor shall lay and maintain temporary driveways, bridges, and
crossings such as in the opinion of the Engineer are necessary to reasonably
. accommodate the public and to provide access to needed private driveways.
In the event of the Contractor's failure to comply with these provisions, the
Owner'may cause the same to be done "and will deduct the cost of such work
from any money due or to become due the Contractor under this Contract, but
the performance of such work by the Owner or at its insistence shall serve in
nowise to release the Contractor from his general or particular liability for the
safety of the public or the work.
45.2 Required line crossings of all streets and roads shall be done in accordance
with the 'applicable state Department of Transportation procedures.
45.3 The Contractor will be permitted to close a street when necessary for the
proper prosecution of the work. The Contractor shall keep the Police and Fire
Departments continuously informed as to his intentions to close streets and
give the Police Department sufficient notice in order that "No Parking" signs
may be placed at the proper time to clear the street for construction.
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45.4 The Contractor shall maintain proper barricades and flagmen to detour traffic.
45.5 At all times, the Contractor is responsible for damage to City and County
streets as a result of their use in this project. The streets must be kept clear of
all dirt, stone, or other debris. All debris, dirt, etc., whether caused by rains,
storms, spillage from trucks or otherwise, shall be kept out .of sewers. The
Contractor is responsible for and may not plead ignorance of City and County
ordinances and amendments hereto that may affect the use of streets or
sewers.
46. ACCESS BY REPRESENTATIVES OF GOVERNMENTAL AGENCIES
46.1 The authorized representatives and agents of all governmental agencies
involved in this project shall have access to the work at all. tiT1;'les and $hall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices
of materials, and other relevant data and records. The Contractor shall provide
proper facilities for the access and inspection of the work by such persons.
47. LOCAL AND STATE LAWS
47.1 The Contractor shall abide by all local and state laws or ordinances to the
extent that such requirements do not conflict with federal laws or regulations. .
48. "OR EQUAL" CLAUSE
48.1 . Any reference to an item of equipment or material by a specific manufacturer's
brand or trade name in these Contract Documents is intended merely as a
standard. Products or materials of other manufacturers which, in the opinion of
the Engineer are the equal of that specified, considering quality, workmanship,
and economy of operation, and suitable for the purpose intended, will be
accepted.
48.2 Where'the phrase "or equal" occurs in the Contract Documents, the Contractor
shall not assume that materials, equipment, or methods will be approved by
the Engineer unless the item has been specifically approved for this project by
the Engineer.
48.3 The decision of the Engineer shall be final.
48.4 The Contractor shall provide all data required by the Engineer to verify the
equality of items which the Contractor may wish to substitute for the specified
items.
48.5 The Contractor shall verify prior to bidding that all specified items will be
available in time for installation during orderly and timely progress of the
project.
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48.6 In the event specified items will not be so available, the Contractor shall notify
the Engineer prior to receipt of bids.
48.7 Costs of delays because of nonavailability of specified items, when such
delays could have been avoided by the Contractor, will be backcharged as
necessary and shall not be bome by the Owner.
48.8 In cases where experience clauses are used, an altemate bond or cash
deposit may be accepted from manufacturers which do not meet the specified
experience period. The bond or cash deposit provided by the manufacturer or
supplier will guarantee replacement of the equipment or process in the event of
failure or unsatisfactory service. The period of time for which the bond or cash
deposit is required shall be the same as the experience period of the time
specified.
49. NEW JOB OPPORTUNITIES
~
49.1 The Contractor shall:
a. To the maximum extent practicable, follow hiring and employment
practices which will assure that performance of the work results in
new job opportunities for the unemployed and the underemployed;
and
b. Insert or cause to be inserted the same or similar provisions in each
construction subcontract.
50. CONSTRUCTION RESTRICTIONS
50.1 . Heavy constructio~ machinery shall not be used within five hL:Jndred (500) feet
of residential areas between the hours of 7:00 p.m. and 7:00 a.m.
50.2 No blasting or drilling shall be allowed. .
51. LEADBASED PAINT AND JOINT SEALERS
51.1 No leadbased paints, protective coatings, or joint sealers may be used on this
project.
52. COOPERATION WITH PUBLIC UTILITIES
52.1 The Contractor shall notify the owners of adjacent utilities when the
prosecution of the work may affect the utility facilities or operation. The
Contractor shall perform and carry on the work so as not to interfere with or
damage utility facilities in the vicinity of the work. The Contractor shall take
every possible precaution to properly protect and preserve, including
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temporary supports and bracing where necessary, the utility facilities from
damage, injury, or displacement. The Contractor shall remedy all damage,
injury, or loss to any property caused, directly or indirectly, in whole or in part,
by the Contractor, any subcontractor, or any person directly or indirectly
employed or engaged by the Contractor or a subcontractor or any person for
whose acts the Contractor or a subcontractor is liable.
52.2 The Owner and the Engineer will not be responsible for any delay in
performing the work resulting from the existence, removal, or adjustment of
any utility facilities. Additional costs incurred by the Contractor as a result
thereof shall be borne solely by the Contractor.
52.3 Utility facilities, such as water mains, gas mains, storm sewers, sanitary
sewers, telephone lines, power lines, and buried facilities and structures in the
vicinity of the work are indicated on the drawings only to ,the extent such
information has been made available to or discovered by the Engineer during
the course of preparing the Drawings. The actual locations of the utility
facilities may vary from the locations shown and there may be utility facilities
existing that are not indicated on the Drawings. It is understood and agreed
that there is no guarantee as to the accuracy or completeness of. the utility
information indicated on the Drawings and all responsibility for the accuracy or
completeness thereof is expressly disclaimed. Generally, service connections
are not indicated on the Drawings.
52.4 The Contractor shall be solely responsible for locating all existing underground
facilities, including service connections, in advance of excavating, trenching, or
other work, by contacting the owners of the facilities or prospecting. The
Contractor shall use his own, information and shall not rely upon any
information shown on the Drawings concerning utility facilities.
52.5 In the event of accidental damage to or disruption of utilities by the Contractor
or any of his subcontractors or agents, the Contractor shall immediately take all
- necessary steps to replace. any pieces of damaged equipment and all
damaged materials, make all necessary repairs, and restore all services to
normal. The Contractor shall engage any and all'required 'additional labor,
individuals, subcontractors, or other outside services which may be deemed
'necessary to operate on a continuous "around-the-clock" basis until services
are restored. He shall also provide and install all required 'equipment and
materials to maintain temporary emergency services for uninterrupted use of
facilities. All costs involved in making the repairs and restoring the disrupted
service to normal shall be bome by the Contractor responsible for any and all
damage claims resulting from such disruption. '
52.6 Under no circumstances shall the Contractor or any of his subcontractor or
agents disrupt or disconnect any type of facility whatsoever without first
obtaining the written permission of the utility owner to do so. Request for
disruption or disconnection shall state:
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1. The location of the required disconnect and which utility is
concerned.
2. The exact date and time at which the disconnect will be required.
3. The duration of the proposed disconnect or interruption.
52.7 Where it is necessary to temporarily interrupt services, the Contractor shall
notify the utility owner, both before the interruption and again immediately
before service is resumed.' Before disconnecting any pipes or cables, the
Contractor shall obtain permission from the owners thereof, or shall make
suitable arrangements for their disconnection by the owners. Where it is
necessary to temporarily interrupt house services, the Contractor shall notify
the house owner or occLJpant, both before the interruption _and again
immediately before service is resumed. Should underground utilities or
structures be encountered that are in minor conflict with the alignment or
gradient of the proposed work, the proposed work may be adjusted by the
Engineer where such adjustment is feasibl~ and will not interfere with the
operation of the proposed system. No payment will be made for these
adjustments. Where major conflicts in the proposed work and existing utilities
or structures occur and adjustment of the new work is not feasible, then the
Engineer may revise the alignment and/or grade to suit these conditions. If, in
the opinion of the Engineer, these revisions are necessary and are outside the
scope of the bid items, they will be paid for as extra work. '
53. ABANDONMENT OR TERMINATION OF CONTRACT
53.1 For contracts over $10,000, the Owner reserves the right to abandon the
Contract if it will be in the Owner's best interest. The Contractor will be paid a
fair payment, as I}egotiated with the Owner, for the work completed to date.
54. EVIDENCE OF PAYMENT
54.1 The Contractor ma"ybe asked to present acceptable evidence from time to time
that all bills have been paid for labor, materials, and equipment for which
payme,nt on account has been made in monthly estimates. Before final
payment is made, the Contractor shall, if required by the Owner, present a
swom affidavit that all labor, materials, equipment, and services engaged for
the work have been paid in full and that there are no outstanding debts or liens
on any portions of the work.
55. ACCESSIBILITY OF RECORDS
55.1 The Owner, representatives of applicable federal agencies, the Comptroller
General of the United States" or any of their duly authorized representatives,
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for a period of 3 years beyond completion of the Contract, shall have access to
any books, documents, papers, and records of the Contractor which are
directly pertinent to this project for the purpose of making audit, examination,
excerpts, and transcriptions of contracts in excess of $10,000.
56. ARCHAEOLOGICAL PLAN FOR IDENTIFICATION AND EXCAVATION OF
SIGNIFICANT SITES
56.1 Identification and Excavation:
Since no known sites are to be directly irylpacted by, proposed
construction, no plans have been made for archaeological excavations
prior to construction. Due to the possibilities that sites may be
encountered during construction, the following procedure has been
established:
1. The resident engineer shall be instructed to notify either a local
professional archaeologist or the director of the state Division of
Archaeology in the event that concentrations of shells, pottery
fragments, bones, beads, flint projectiles, etc., are encountered
during construction. '
2. Construction shall be stopped immediately in the area in question
and will be diverted to other areas so as to provide for minimal
delays in construction.
3. If the site is determined to be significant, the resident engineer and
Contractor shall cooperate with the archaeologist(s) so that salvage
archaeology may be arranged and carried out expediently. The
Contractor shall not be held. responsible for unreasonable delays
associated with salvage archaeology operations.
*.. END OF SECTION ....
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SUPPLEMENTAL GENERAL CONDITIO~S
O. GENERAL
0.1 SUPPLEMENTS: The supplements contained in these Supplemental General Conditions
modify, change, delete from, or add to the General Conditions of these Contract
Documents. 'Where any article of the General Conditions is modified or any parab'Taph,
subparagraph, or clause thereof is modified or any paragraph, subparagraph. or clause
thereof is modified by these supplements, the unaltered provisions of that article,
paragraph, subparagraph, or clause shall remain in effect.
1.0 INSURA,NCE (Refers to Article 21, General Conditions)
The successful bidder will be required as a part of the contract documentation to furnish
specific items of insurance. Prior to the time the' contract is submitted to the OWNER
( ) for final approval the O~rNER must- have in
hand the following documentation:
1.1 A Certificate of Insurance certifying that the contractor's Insurance includes
coverage for the following:
a. The Contractor shall be responsible from the time of signing the contract,
or from the time of the beginning of the first work, whichever shall be
earlier, for all injury or damage of any kind resulting from this work, to
person or property. The Contractor shall exonerate, indemnify and save
harmless the OWNER and the Engineer from and against all claims or
actions, and all expenses incidental to the defense arising out of damage or
injury (including death) to persons or property caused by or sustained in
connection with the performance of this contract or by conditions created
thereby or arising out of or in any way connected with work performed
under this contract and shall assume and pay for, without cost to the
OWNER or the Engineer, the defense of any and all claims, litigation and
actions suffered through any act or omission of the Contractor or anyone
directly or indirectly employed under the supervision of any of them.
1.2 A Certificate of Insurance showing coverage by insurance carriers licensed and
doing business in Georgia and acceptable to the OWNER for the following:
a.
Statutory Workmen's Compensation Insurance.
b.
Comprehensive Liability Insurance covering all operations and
automobiles (i) with limits of $1,000,000 per occurrence $3,000,000
General, Aggregate Bodily Injury inclusive of protection against bodily
injury due to excavation, shoring, underpinning and blasting, to the extent
to which such risks are present, and (ii) with limit of $1,000,000 per
occurrence Property Damage, inclusive of protection against damage due
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to excavation, shoring, underpinning and blasting, to the extent to which
such risks are present.
c. Protective coverage for any subcontractor's operations.
d. Contractual liability coverage of not less than S 1 ,000,000 to hold harmless
the OVlNER, his agerits and the Engineer, in accordance with 1 (a) herein.
e. Builder's Risk (Fire and Extended Coverage). The Contractor shall
purchase and maintain adequate fire and standard extended coverage
insurance upon the project. The insurance shall provide protection at all
times against loss by the OWNER and Contractor until final acceptance of
the entire project. This provision with respect to Builder's Risk Insurance
shall in no way relieve the contract or of his obligation of completing the
work covered. by the contract.
1.3 The Certificate of Insurance must provide that the OVlNER will be given ten (10)
days prior written notice from the insurer before any insurance is canceled,
modified or changed, as evidenced by a signed return receipt of certified mail. A
statement that the insurer will attempt to give 30 days notice is acceptable.
1.4 The Certificate of Insurance must certify to and include the following:
a. Policy number, policy limits and policy expiration date of all policies
issued in accordance with this contract.
b. Location and operations to which the insurance applies.
c. Statement that blasting coverage is included to the extent to which such '.
risk is present.
d. Contractor's protective coverage for any subcontractor's operations;
otherwise provide separate certificates for subcontractors.
e. Certify that the Contractor has Contractual Liability Coverage which
incorporates a Hold Harmless Agreement as specified herein.
f. Certification must be in accordance with the applicable insurance policies
and are not intended to alter the policies.
g. Shall name and be issued to the OWNER and the Engineer as insured
under the policies.
1.5 Criteria for Holding Companies Submitting Surety Bonds to the OWNER.
J\n insurer, to be acceptable, will be required to meet the following criteria:
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a.
A Company holding a Certificate of Authority as an acceptable Surety on
Federal Bonds.. as published in the latest such listing in the Federal
Register; and an insurance company licensed to do business within the
State of Georgia as' a company writing policies of insurance and/or bid
bonds, payment bonds and performance bonds. regulated as such by the
Georgia Department of Insurance, and the participant in the State of
Georgia Insurance and Solvency Pool, and meet the following additional
criteria:
(I) A company with a rating in the A.M. Best Companies' most recent
publishing rating of"A++ or A+: Class IV or Larger".
(2) A company with a rating in A.M. Best Companies' most recent
publishing rating of "A: Class V or Larger".
(3) A company with a rating in A.M. Best Companies' most recent
publishing rating of "A-: Class X or Larger".
(4) A company which can furnish an assumption certificate or cut
through clause in a statement of coverage under which payment is
guaranteed I 00% to third-party claimants by a reinsurer with a
rating in A.M. Best Companies' most recent published rating of "A
or A+: Class V or Larger".
(5) In lieu of the A.M. Best Company Rating, insurers rated AAA,
AA+, AA, AA- by Standard & Poors Insurance Rating Services
will also be acceptable.
b.
If surety does not meet any of the above qualifying criteria, the OWNER,
in its sole discretion, shall evaluate any such surety, upon receiving from
the company the following information, plus any other information it
deems relevant:
(1) Copy of a certified financial audit for the insurer's most recent
fiscal year, performed by a nationally or regionally recognized
accounting firm, giving the company a clean opinion.
(2) Copy of a report for the insurer's most recent fiscal year from an
independent, . certified actuary verifying recommended and
approved loss reserves, premium structures. (not less than 85%
approved by the Georgia Department of Insurance for insurance
writing bid bonds, payment bonds and performance bonds within
Georgia), and appropriate funding.
(3) Proof of excess insurance and reinsurance from a carrier with a
rating in A.M. Best Companies' most recent rating of "A+ or A:
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Class V or Larger" in ,an amount sufficient to cover the bid,
payment or p~rformance bond required by the Ov. "NER.
(4) Proof that the company has been admitted in Georgia.
(5) Proof that the company has a Certificate of License from its state
of domicile.
(6) There is presently not outstanding a current "rejection" or letter of
"objection" against he company in any other state.
2.0 SUSPENSIONS. TE R.1\1 IN A TION. AND DELAY (Refers to .'\.rticle 18 of General
Conditions)
2.1 If the OWNER terminates. the contract, and if it is subsequently det.ermined for
any reason that the OWNER was not authorized to terminate the contract, the
rights and obligations of the parties shall be the same as if the OVv"NER has issued
a Notice of Termination to the Contractor as provided in ,Paragraph 2.2
hereinbelow.
2.2 The OWNER may, at any time, terminate, in whole or in part, the work under this
contract for the OWNER=S convenience and without cause. Any such
termination shall be effected by delivery to the Contractor of a Notice of
Termination specifying the extent to which performance of Work under the
contract is terminated, and the date upon which such termination becomes
effective;
2.3 After receipt of a Notice of Termination, and except as otherwise directed by the
OWNER, the Contractor shall:
a. Stop work under the contract on the date and to the extent specified in the
Notice of Termination;
b. Place no further orders or subcontracts for materials, services, or facilities
except as necessary to complete the portion of the work under the' contract
which is not terminated;
c. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work terminated by the Notice of Termination;
d. ' Assign to the OWNER, in the manner, at the times, and to the extent
directed by the OWNER, all of the right, title and interest of the
Contractor under the orders an_d subcontracts so terminated. The OWNER
shall have the right, in its discretion, to settle or pay any or all claims
arising out of the termination of such orqers and subcontracts;
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e. Settle all outstanding liabilities and all claims ansmg out of such
termination of orders and subcontracts, with the appro\'al or ratification of
the OV/NER to the extent the O\VNER may require. Its approval or
ratification shall be final for all the purposes of Article 2.3 .e.
f. Transfer title to the O\VNER, and delivery in the marmer. at the times. and
to the extent, if any, directed by the OV/NER, (i) the fabricated or
unfabricated parts, work in progress, completed work, supplies, and other
material produced as a part of, or acquired in connection with the
performance of the work terminated by the Notice of Termination, and (ii)
the completed or partially completed plans, drawings, information, and
other property which, if the contract had been completed, would have been
required to be furnished to the OWNER;
g. Use his best efforts to sell, in the manner, at the times; to. the extenJ, and at
the price or prices that the OWNER directs or authorizes, and property of
the types referred to in Article 2.3.f., but the Contractor (i) shall not be
required to extend credit to any purchaser, and (ii) may acquire any such
property under the conditions prescribed and. at a price or prices approved
by the OWNER. The proceeds of any such transfer or disposition shall be
applied in reduction of any payments to be made by, the OWNER to the
Contractor under this contract or shall otherwise be credited to the price or
cost of the work covered by this contract or paid in such other manner 'as
the OWNER may direct;
h. Complete performance of such part of the work as snall not have been
terminated by the Notice of Termination; and,
1. Take such action as may be necessary, or as the OWNER may direct, for
the protection and preservatiqn of the property related to this contract
which is in the possession of the Contractor and in which the OWNER has
or may acquire an interest;
2.4 After receipt of a Notice of Termination, the Contractor shall submit to the
OWNER his termination claim in the form and with the certification the OWNER
prescribes. Such claims shall be submitted promptly but in no event later than
ninety (90) days from the effective date of termination, unless one or more
extensions in writing are granted by the OWNER upon request of the Contractor
made in writing within such ninety-day (90) period or authorized extension.
However, if the OWNER determines that the facts justify such action, it may
receive and act upon any such termination claim at any time after such ninety-day
(90) period or extension. If the Contractor fails to submit his termination claim
-within the time allowed, the OWNER may determine, on the basis of information
available to it, the amount, if any, due to the Contractor because of the
termination. The OWNER shall then pay to the Contractor the amount so
determined and the Contractor shall have no further claim against the OWNER;
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Subject to the provisions of Article 2.4, the Contractor and the O\VNER may
ab-'Tee upon the whole or any part of the amount or amount to be paid to the
Contractor because of the total or partial termination of work under Anicle 2.4.
The amount or amounts may include a reasonable allowance for profit on work
done. However, such agreed amount or amounts, exclusive of settlement costs,
shall not exceed the total contract sum as reduced by the amount of payments
otherwise made and as further reduced by the contract price of work not
terminated. The contract shall be amended accordingly, and the Contractor shall
be paid the agreed amount. Nothing in Article 2.6 prescribing the amount to be
paid to the Contractor in the event of failure of the Contractor and the O\VNER to
agree upon the whole amount to be paid to the Contractor because of the
termination of work under this clause, shall be deemed to limit, restrict, or
otherwise determine or affect the amount or amounts which may be agreed upon
. to be paid to the Contractor pursuant to Article 2.5.
2.6
If the Contractor and the OWNER fail to agree as Article 2..) provides, on the
whole amount to be paid to the Contractor because of the tennination of work
under Article 2.4, the OWNER shall determine, on the basis of information
available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined as follows:
a. For all work performed before the effective 9ate of the Notice of
Termination, the total (without duplication of any items) of:
1. The cost of such work;
11. The cost of settling and paying claims ansmg out of the
termination of work under subcontracts or others as Article 2.5
provides. This cost is exclusive of the amounts paid or payable on
account of supplies or materials delivered or services furnished by
the subcontractor before the effective date of the Notice of
,Termination. These amounts shall be included in the cost on
account ofwruch payment is made under (i) above; and,
111. A sum, as profits on (i) above, that the O\.VNcR determines to be
fair and reasonable.' But if it appears that the Contractor would
have sustained a loss on the entire contract had it been completed,
no profit shall be included or allowed under this subdivision (iii)
and an appropriate adjustment shall be made reducing the amount
of the settlement to reflect the indicated rate ofloss.
b.
The reasonable cost of the preservation and protection of property incurred
under Article 2.3.i and any other reasonable cost incidental to termination
of work under this contract, including, expense incidental to the
detennination of the amount due to the Contractor as a result of the
termination of work under this contract. The total sum to be paid to the
Contractor under Article 2.6.a shall not exceed the total contract sum as
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reduced by the amount of payments otherv.'ise made and as further
reduced by the contract price of work not temlinated. Except for normal
spoilage and except to the extent that the O\VNER shall have otherv.'ise
expressly assumed the risk of loss, there shall be excluded from the
amount payable to the Contractor under .A.rticle 2.6.a above, the fair value,
as determined by the OWNER of propeny which is destroyed, lost, stolen,
or damaged to the extent that it is undeliverable to the o V\''NER, or to a
buyer under Article 2.3.g;
2.7 The Contractor shall have the right to make claim from any determination the
O\VNER makes under Articles 2.4 or 2.6. But if the Contractor has failed to
submit his claim within the time provided in Article 2.4 and has failed to request
extension of such time, he shall have no such right of appeal. In any case where
,the OWNER has determined the amount due under Articles 2.4 or 2.6, the
OWNER shall pay to the Contractor the following: (]) the amount so determined
by the OWNER or (2) if an adverse proceeding is initiated, the amount finally
determined in such proceeding;
2.8 In arriving at the amount due the Contractor under Article 2.6, there shall be
deducted (1) all unliquidated advance or other payments on account theretofore
made to the Contractor, applicable to the termination portion of this contract, (2)
any claim which the OWNER may have against the Contractor in connection with
this contract, and (3) the agreed price for, or the proceeds of sale of, any
materials, supplies, or other things kept by the Contractor or sold under the
provisions of Article 2.6 and not otherwise recovered by or credited to the
OWNER;
2.9 If the tennination hereunder be partial, before the settlement of the termination
portion of this contract, the Contractor may file with the OWNER a request in
\Vliting for an equitable adjustment of the price or prices specified in the contract
related to the continued portion of the contract (the portion not terminated by the
_Notice of Termination). Such equitable adjustment as may be agreed upon shall
be ;nade in the price or prices. Nothing contained herein shall limit the right of
the OWNER and the Contractor to agree upon the amount or amountS to be paid
to the Contractor for the completion of the continued portion of the contract when
the contract does not contain an established contract price for the continued
portion.
2.10 Upon written notice from the OWNER, the Contractor agrees to cure any
structural defect caused by the Contractor in the project or remedy any departure
from the plans and specifications not approved by change order within twenty
(20) days of receipt of such notice unless extended by OWNER in \Vliting.
2.11 Upon \Vlitten notice from the OWNER, the Contractor agrees to bond-off under
the provisions of applicable law any lien or claim of lien filed of record against
the 'project by any of the Contractor's laborers, materialmen, subcontractors,
suppliers, or others performing work or furnishing labor or material under the
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contract, and any said lien or claim of lien shall be bonded off within thirty (30)
days of notice to the Contractor from the O'WNER.
3.0 TIME FOR COMPLETION AND LJOUIDA TED DAMAGES (Refeis to Article 15 of
General Conditions)
3. I
Full completion of the , within the contract time, is
of vital importance to the public health and to the O'VVNER. ]t must be placed
into full operation at the earliest feasible date.
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If the Contractor's proposed progress indicated on his construction prob'Tess
schedule and/or the actual progress attained during construcrionlies within the
range of the following check points, the schedule and/or the actual progress
attained shall be considered satisfactory insofar as the time-performance feature is .
involved:
Percentage of
Contract Time
Percentage of
Accumulated Progress
, 0 .............. .................... .............................................. ...... ................ .......... 0
1 0 .................,... ........................................................................................... 1
20 ................................................................................................................ 3
30 . ................................................... .......................................................... ] 3
40 ................. .'................... ........................................ ~................. ..~............ 28
50 ...... ............... ......................................................................................... 40
60 ......... ......... ............................................................................................ 60
70 ...................................... ..................................................... .................... 76
80 ............................................................................................... ............... 89
90 .....~..............................................................................:.......... ...-............ 96
1 00 ....... ........... .........:............................................................. ................... 100
Percentages shall indicate work in place onlv (excluding materials stored on the
site).
3.3 In the event the Contractor shall be delinquent iri respect to compliance with the
time limits established in Paragraph 4.2, he shall, within seven days after receipt
of written demand of the OWNER, COl\1MENCE WORKING NOT LESS
THAN A TIVELVE-HOUR DAY AND NOT LESS THAN SIX DAYS A
\\lEEK UNTIL SUCH TIME AS HE SHALL HAVE BROUGHT THE
AMOUNT OF ,WORK IN PLACE INTO COMPLIANCE WITH THE
CONSTRUCTION PROGRESS SCHEDULE. Fulfillment of this requirement
as to overtime work shall not relieve the Contractor from liability for breach of
the covenant as to time. For account of recovery of lost time required of the
contractor for his breach of the covenant as to time, the Contractor shall be
entitled to no claim against the OWNER for any payment, repayment,
reimbursement, remittance, remuneration, compensation, profit, cost, overhead,
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expense, loss, expenditure, allowance, charge. demand, hire, wages. salary, tax,
cash, assessment, price, money, bill, statement, dues, recovery, restitution,
benefit, recoupment, exaction, injury, or damages.
3.4 The Contractor agrees that said work shall be prosecuted regularly, diligently, and
uninterruptedly at such rate of progress as will insure ful] completion thereof
within the time called for in the Contract Documents. It is expressly understood
and agreed that the Contractor has considered all contingencies and factors
affecting his ability to perform all the work within this time, including among
others, delays caused by bad weather (as detailed in 4.5 below) and other possible
delays, and after consideration of these factors, he had made an allowance for
such factors before agreeing to completion date specified in the Contract
Documents, and does further agree that all things considered, such completion
date is a reasonable time for completion of all Work to be performed hereunder,
without the need for any extension of time.
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3.5 Completion time will not be extended for normal bad weather. The time
for completion as stated in the Contract Documents includes due
allowance for calendar days on which work cannot be performed out-of-
doors. For the purpose of this Contract, the Contractor abTfees that he may
expect to lose a TOTAL number of calendar days between the "start-of-
work date" and functional completion date due to weather in accordance
with the following table which is the average from three local area weather
stations over the same period of time. This is the same sourc.e of data used
to determine normal weather losses.
Jan
Feb
Mar
April
] 0 days
9 days June
9 days July
8 days Aug
May ] 0 days Sept 7 days
8 days Oct 6 days
] I days Nov 7 days
9 days Dec 8 days
Also, the Contractor agrees that a "day lost to weather" for the period
covered by this contract is defined as a calendar day in which either:
A. Precipitation exceeded O. I 0 inch
OR
B. the average temperature failed to exceed 40 degrees F., unless the
maximum temperature exceeded 50 degrees F.
If the total accumulated (not on an individual month-by-month basis)
number of calendar days (pro-rated for the "start-of-work date" month
and/or the functional completion date per the table above as may be
applicable to reflect the actual dates of these occurrences) lost to weather
from the "start-of-work date" to the functional completion date exceeds
the TOTAL accumulated number to be expected for the same period from
the table above, time for completion will be extended by the number of
calendar days needed to include the excess number of calendar days lost.
No reduction in Contract Time shall be imposed if the total days actually
lost to weather is less than the TOTAL to have been expected for that
same period.
4.0 PAYMENTS TO CONTRACTOR (Refers to Miele 19 of General Conditions)
4.1 The Contractor will get paid seventy (65) percent of the total Contract
amount at completion of liming, fertilizing and permanent grassing phase
of the project. The Owner shall retain thirty-five (35) percent of the total
Contract amount until final completion (establishment of grassing) and
acceptance of all work covered by the Contract Documents.
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4.1
This af,'Teement shall supersede and take the place of all requirements of
"Georgia Prompt Payment Act, Georgia Laws, 1994, p. 1398. ..<\ny
payment due Contractor under the terms of this contract which remains
unpaid without justification after the due date set forth in this contract
shall bear interest at the rate of 7% per annum until payment has been
made in full provided notice has been given as required by O.c.G.A. 1 13-
11-7.
4.3
Notwithstanding any provision of the law to the contrary, the
parties agree that no interest shall be due CONTR..<\CTOR on any
sum held as retainage pursuant to this Agreement and
CONTR..<\CTOR specifically waives any claim to same.
4.4
This agreement is intended by the Parties to, and does, supersede any and
all provisions of the Georgia Prompt Pay Act, O.c.G.A.,Se~tion 13-1)-1,
et seq. In the event any provision of this agreement is inconsistent with
any provision of the Prompt Pay Act, the provision of this agreement shall
control.
5.0 SUBSTITUTIONS (Refers toArticle 8 of General Conditions)
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
contractor.
** END OF SECTION **
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SECTION 01010
OCCUPANCY
PART 1 - GENERA.L
1.01 PARTIAL OCCUPA.NCY BY OWNER
\Vhenever, in the opinion of the Engineer, any section or portion of the Work or
any structure is in suitable condition, it may be put into use upon the WIitten
order of the Engineer, and such usage shall not be held to be in any way an
acceptance of said Work or structure, or any part thereof, or as a waiver of any
of the provisions of these Specifications and the Contract. Pending final
completion and acceptance of the Work, all necessary repairs and removaIs,_due
to defective materials or workmanship or to operations of the Contractor, of any
section of the Work so put into use shall be performed by the Contractor at his
own expense.
** END OF SECTION **
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SECTION 0] 020
COORDINATION OF WORK
P ART I - GENERA.L
1.01 GENER.-'\L
Management of the project shall be through the use of a logical method of
construction planning, scheduling, and cost value documentation as further
described in the section entitled "Construction Scheduling," of these
Specifications.
1.02 EXISTING LANDFILL FACILITIES
A. The existing facilities at the Dean=s Bridge Road MSW Landfill must of
necessity remain in operation while new construction is in progress.
B. The Contractor shall coordinate his work with the Owner so that construction
will not restrain or hinder operation of the existing facilities at the Landfill. If,
at any time, any portion of the Landfill is out of service, the Contractor must
obtain prior approval from the Owner as to the date, time and length of time
that portion of the existing facilities are out of service.
C. Connections to the existing facilities or alteration of existing facilities will be
made at times when the facility involved is not in use or at times, established by
the Owner, when use of the facility can be conveniently interrupted for the
period of time needed to make the connection or alteration.
D. After having coordinated his work with the Owner, the Contractor shall notify
the Engineer of the time, time limits and methods of each connection or
alteration and have approval of the Engineer before any work is undertaken on
- the connections or alterations.
E. Before any roadway or facilities are blocked off the Owner shall be contacted to
coordinate operations for the landfill.
1.03 OTHER UTILITIES
The Contractor shall coordinate his operations with all utility companies in or
adjacent to the area of his work. The Contractor shall require said utilities to
identify in the field their property and provide drawings as necessary to locate
.them.
** END OF SECTION **
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SECTION 01030
GRADES, LINES AND LEVELS
PART 1 - GENER.A.L
1.01 DESCRIPTION
A. All work under this contract shall be constructed in accordance with the lines
and grades established on the site. The full responsibility for holding to
alignment and grade shall rest upon the Contractor.
B. The Contractor will establish a bench mark and minimal horizontal control. The
Contractor will be responsible for setting offsets from these points and ,all other
layout and staking.
C. The Contractor shall safeguard all points, stakes, grade marks, bench marks,
and monuments established on the work, shall bear the cost of re-establishing
same if disturbed, and shall assume the entire expense of rectifying work
improperly constructed due to failure to maintain and protect such established
points, stakes, and marks.
** END OF SECTION **
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SECTION 01110
REGULATORY REQUIREMENTS
PART 1 - GENER..A..L
1.01 DESCRlPTION
Permits and Responsibilities
The Contractor shall, without additional expense to the Owner, be responsible
for obtaining any necessary licenses and permits, and for complying with any
applicable Federal, State and municipal laws, Codes and regulations, in
connection with the execution of the Work. He shall take proper safety.and
health precautions to protect the Work, the workers, the public and the property
of others. He shall also be responsible for all materials delivered and work
performed until completion and acceptance of the Work, except for any
completed unit of construction thereof which may heretofore have been
accepted.
** END OF SECTION **
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SECTION 012] 0
PRECONSTRUCTION CONFERENCE
PART I - GENERA.L
1.01 DESCRIPTION
After award of Bid and prior to beginning construction, a conference will be
held with representatives of the Contractor, Owner, Engineer, and the affected
utility companies to discuss schedules and utility conflicts in the Project. This
conference is intended to establish lines of communication between the parties
involved. Time and place of preconstruction conference will be determined at
time of bid award.
** END OF SECTION **
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PART 1 - GENER.AL
1.01 DESCRlPTION
SECTION 01220
PROGRESS MEETINGS
The Owner may request meetings with the Contractor at any time on matters
pertaining to the progress of Work being carried out under this Contract. It will
be the responsibility of the Contractor to supply whatever information is
requested by the Owner concerning the project throughout its duration. The
Contractor shall make himself a\'ailable ifhis presence is requested.
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SECTION 01140
CONSTRUCTION FACILITIES
PART 1 - GENER.A.L
1.01 SANITA.Rl" FACILITIES
The Contractor will provide sufficient sanitary facilities in proximity to the
areas of work for his employees and those employees of his subcontractors.
The Contractor will be responsible for continual maintenance and servicing of
these facilities.
1.02 FIRST AID FACILITIES
The Contractor shall maintain at a well known place at the job site, all articles
necessary for giving first aid to the injured, and shall make standing
arrangements for the immediate removal to a hospital or a doctor's care of
persons (including employees) who may be injured on the job site. In no case,
shall employees be permitted to work at a job site before the employer has
made a standing arrangement (verified in writing to the Owner) for removal of
injured persons to a hospital or a doctor's care.
** END OF SECTION **
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SECTlON 01250
TEMPOR.A.R Y UTILITIES
PART I - GENERAL
1.01 TEMPORARY LIGHT
The Contractor shall provide temporary lighting facilities for the proper
prosecution and inspection of the work. These facilities shall be installed and
maintained by the Contractor and shall be located in such a manner as to result
in the least interference with work upon the project site and existing facilities.
1.02 TEMPORARY POWER
The Contractor shall provide temporary power facilities requir'edfor the proper
prosecution and inspection of the work. These facilities shall be installed and
maintained by the Contractor, and shall be located in such a manner as to result
in the least interference with work upon the project site and existing facilities.
Temporary power facilities. shall remain in place after completion of
construction until final acceptance of the work. After final acceptance of the
work, the Contractor shall remove temporary power facilities.
1.03 TEMPORARY WATER
The Contractor shall make the necessary arrangements for securing and
transporting all water required in the grassing and attaining established growth
including any temporary pipeline or equipment which may be necessary to
make use of such water.
1.04 POTABLE WATER
The Contractor shall be responsible for furnishing a supply of potable drinking
water for employees, subcontractors, inspectors, Engineers and the Owner who
- are associated with the work progress.
** END OF SECTION **
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SECTION 01260
JOB SITE SECURITY
PART 1 - GENERA.L
1.01 BARRICADES, LIGHT AND \VATCHMEN
A. The Contractor shall furnish and erect such barricades, fences, lights, and
danger signals, shall provide such watchmen, and shall provide such other
precautionary measures for the protection of persons or property and of the
work as are necessary. Barricades shall be painted in a color that will be visible
at night. From sunset to sunrise, the Contractor shall furnish and maintain at
least one light at each barricade and sufficient numbers of barricades shall be
erected to keep vehicles from being driven on or into any work under
construction. The Contractor shall furnish watchmen in sufficient numbers to
protect the work.
B. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, lights, and watchmen to protect it and whenever
evidence is found of such damage, the Contractor shall immediately remove the
damaged portion and replace it at his cost and expense. The Contractor's
responsibility for the maintenance of barricades, signs, and lights, and for
providing watchmen shall not cease until the project has been accepted by the
Owner.
C. All job site security shall be coordinated with the Owner=s landfill security
procedures.
** END OF SECTION **
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SECTION 01170
DUST CONTROL
PART 1 - GENERAL
1.01 DESCRIPTION
Limit blowing dust caused by construction operations by applying v.'ater or
employing other appropriate means or methods to maintain dust control.
1.02 PROTECTION OF ADJACENT PROPERTY
The bidders shall visit the. site and note the buildings, lands~aping, TO_ads,
parking areas and other facilities near the work site that may be damaged by
their operations. The Contractor shall make adequate provision to fully protect
the surrounding area and will be held fully responsible for all damages resulting
from his operations.
** END OF SECTION **
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SECTION 01230
CONSTRUCTION SCHEDULING
P.ART 1 - GENERAL
1.01 DESCRIPTION
1.02
1.03
The Contractor shall submit to the Engineer for approval grassing planning,
scheduling, and cost value documentation pertaining to the project as detailed
herein and shall update same throughout project as required.
SUBMIIT AL PROCEDURES
A.
Within ten working days of Notice to Proceed, the Contractor shall submit to
the Engineer for approval the products required by this section of the
Specifications.
B.
Within five working days following receipt of same the Engineer shall arrange
for a meeting with the Contractor so as to familiarize the Engineer with the
Contractor's proposed liming, fertilizing and grassing plans and schedules.
c.
Within five working days following the Engineer's review the Contractor shall
resubmit a corrected copy of those documents requiring revision.
D.
Within five working days following his receipt of the adequately revised
documents the Engineer will approve same for use on the project.
E.
Once approved, the Contractor shall submit four copies of the grassmg
scheduling documents to the Engineer for use on the project.
F.
The Contractor shall update the work schedules at least monthly and indicate
those activities whose completion dates 'are in jeopardy because of activities
behind schedule.
G.
The Owner may require the Contractor to modify any portions of the work
schedule that become infeasible because of "activities behind schedule" or for
any other valid reason. Any such modification will be at the Contractor's
expense unless the modification is required to accommodate schedule revisions
. required by the Owner.
H.
An activity that cannot be completed by its original latest completion date shall
be deemed to be behind schedule.
CHANGE ORDERS
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Upon approval of a Change Order by the Owner the approved change shall be
reflected in the next subminal by the Contractor.
PART 1- PRODUCTS
2.01 CONSTRUCT10N PROGRESS SCHEDULE
A. The Construction Prob'Tess Schedule shall be submitted in fonn satisfactory to
the Ov.'ner showing:
1.
..,
Activity Number
Activity Description
Estimated Activity Duration (Work Days)
Activity Start Date (Calendar Dated)
Activity Finish Date (Calendar Dated)
Activity Cost
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4.
5.
6.
of each of the various subdivisions of work required under the Contract
Document, and Specifications.
B. The anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule shall be included thereon.
This anticipated monthly payment schedule shall distribute the costs of the
project more or less evenly over the scheduled project life in a manner
acceptable to the Owner and compatible with the Owner's funding
arrangements for the project. Resubmittal will be required until anticipated
monthly payment schedule is acceptable to Owner. For this project, substantial
variation from this schedule of payments will not be permitted.
C. The activity durations shall be depicted in the fonn of a bar chart and shall be
overlaid with graph of the cumulative anticipated monthly payments due the
Contractor.
2.02 ESTIMATES
A. The Detailed Estimates shallgive a complete and satisfactory breakdown of the
Contract amount.
B. Periodic Itemized Estimates shall detail work done for the purpose of tabulating
partial payments thereon. '
2.03 PROJECT INFORMATION
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A. Each tabulation shall be prefaced with the following summary data:
1. Project Name
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') Contractor
3. Type of Tabulati on (Initial or Updated with revision number)
4. Project Duration
5. Project Scheduled Completion Date
6. Effective or Starting Date of the Schedule
7. If an updated (revised) schedule, the new project completiondate and
project status
2.04 SCHEDULE MONITORING
A. 'When specifically requested by the Engineer, the Contractor shall submit to the
Engineer a revised schedule for those activities that remain to occur.
B. The revised schedule shall be submitted in the form, sequence, and of the
number of copies requested for the initial schedule.
2.05 COST VALUE FOR ACTIVITIES
A. The Contractor shall establish and submit a cost value for each activity in his
progress schedule and. estimates so that montWy partial payments to the
Contractor can be calculated on the basis of work in place.
B. Subject to the provisions for .ru'ayments to Contractor and Completion@ in the
General Conditions of the Contract all cost value reports for network activities
shall be based upon the close of books as of the 25th day of each month, and
the submittal of such costs value for activities shall be submitted to the
Engineer for review and approval not later than the last day of each month.
C. Payments will not be allowed for materials delivered to the site but not yet
incorporated in the work.
D. Costs of materials delivered to the site but not yet incorporated into the work
shall be included as a separate pay item and shaIl not be included in the cost
. value of the installation activity for such materials.
** END OF SECTION **
Landfill Grassing/4-8-02
01280-120
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SECTION 01280
TR.A..NSPORTATION AND HANDLING
1.01 GENERAL
The Contractor shall provide transportation of all equipment, materials, and
products furnished under these Contract Documents to the site of the work. In
addition, the Contractor shall provide preparation for shipment and storage,
unloading, handling and rehandling, short-term storage, extended storage,
storage facilities, maintenance and protection during storage, preparation for
installation, and all other work and incidental items necessary or convenient to
the Contractor for the satisfactory prosecution and completion of the work.
1.02 TR.A.NSPORTATION
A. All equipment shall be suitably boxed, crated, or otherwise protected during
transponation.
B. All equipment shall be shipped and delivered in the largest assembled sections
practical or permitted by carrier regulations to minimize the number of field
connections.
C. The Contractor shall be responsible for ensuring that the equipment is
assembled and transported in such a manner so as to clear buildings, power
lines, bridges, and similar structures encountered during shipment or delivery to
the site of the work.
D. Small items and appurtenances such as gauges, valves, switches, instruments,
and probes which could be damaged during shipment shall be removed from
the equipment prior to shipment and packaged and shipped separately. All
openfngs shall be plugged or sealed to prevent the entrance of water or dirt.
E. Temporary shipping braces and supports shall be painted orange or yellow for
easy identification.
1.03 HANDLING
A. All equipment, materials, and products shall be carefully handled to prevent
damage or excessive deflections during unloading or transportation. All
equipment, materials, and products damaged during transportation or handling
shall be repaired or replaced by the Contractor at no additional cost to the
Owner prior to being incorporated into the work.
Landfill Grnssing/4-8-02
0]280-12]
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B. Lifting and handling drawings and instructions furnished by the manufacturer
or supplier shall be strictly followed. Eyebolts or lifting lugs furnished on the
equipment shall be used in handling the equipment. Shafts and operating
mechanisms shall not be used as lifting points. Spreader bars or lifting beams
shall be used when the distance between lifting points exceeds that permitted by
standard industry practice. Slings and chains shall be padded as required to
prevent damage to protective coatings and finishes.
C. Under no circumstances shall equipment or products be thrown or rolled off of
trucks onto the ground.
D. Items such as nonmetallic pipe, nonmetallic conduit, flagpoles, and lighting
poles shall be handled using nonmetallic slings or straps.
** END OF SECTION **
Landfill Grnssing/4-8-02
01290-122
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SECTION OI~90
STORAGE AND PROTECTION
1.01 GENER}\L
A. Equipment, material and product shall be received, inspected, unloaded,
handled, stored, maintained,. and protected by the Contractor in a suitable
location on or off site, if necessary, until such time as installation is required.
1.02 STORi\GE
A. The Contractor shall be responsible for providing satisfactory storage facilities
which are acceptable to the. Engineer. In the event that satisfa~tory faciljties
cannot be provided on site, satisfactory warehouse, acceptable to the Engineer,
will be provided by the Contractor for such time until the equipment, materials,
and products can be accommodated at the site.
B. Equipment, materials, and products which are I stored in a satisfactory
warehouse acceptable to the Engineer will not be eligible for progress
payments.
C. The Contractor shall be responsible for the maintenance and protection of all
equipment, materials, and products placed in storage and shall bear all costs of
storage, preparation for transportation, transportation, rehandling, and
preparation for installation.
D. Equipment and products stored outdoors shall be supported above the ground
on suitable wooden blocks or braces arranged to prevent excessive deflection or
bending between supports. Items such as pipe, structural steel, and sheet
construction products shall be stored with one end elevated to facilitate
drai~age.
E. Tarps and other coverings shall be supported above the stored equipment or
materials on wooden strips to provide ventilation under the cover and minimize
condensation. Tarps and covers shall be arranged to prevent ponding of water.
Landfill Grassing/4-8-02
01290-123
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F. Fuels shall be properly stored and handled in accordance with all applicable
state and federal requirements. Fuels shall be stored and handled in a manner to
minimize fire hazards and spills. Containment areas shall be provided for the
storage and use of all fuels, oils, and hydraulic fluids. Contractor shall utilize
good housekeeping practices at all times. The Contractor shall be responsible
for all clean up and prope! disposal of spills and contaminated soils. Any
damages to or contamination of existing monitoring system shall be solely the
responsibility of the Contractor to correct.
** END OF SECTION **
Landfill Grassing/4-8-02
01310-124
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SECTION 01310
CLEANUP
PART 1 - GENER.A.L
1.01 DESCRIPTION
This section covers general cleaning which the Contractor shall be required to
perform both during construction and before final acceptance of ,the project
unless otherwise shown on the Drawings or specified elsewhere in these
specifications.
1.02 HAZARD CONTROL
A. The Contractor shall store volatile wastes In covered metal containers and
remove from premises daily.
B. The Contractor shall prevent accumulation of wastes which create hazardous
conditions.
C. Burning or burying rubbish and waste materials on the site shall not be allowed.
D. Disposal of volatile wastes into sanitary or stonn sewers shall not be allowed.
E. Disposal of all hazardous or volatile wastes shall be in accordance with. all State
and Federal requirements.
F. All construction equipment and support vehicles shall be in good condition and
shall not leak hydraulic oils, motor oils, or fuels. If equipment leaks such
environmentally hazardous liquids, the equipment will be removed from the
work area and repaired and all contaminated,soils or materials shall be removed
and properly disposed of in accordance with State and Federal requirements.
1.03 DISPOSAL OF SURPLUS MA TERlALS
A. Unless otherwise specified or directed, the Contractor shall dispose of all
surplus excavated materials and materials and equipment from demolition,
legally off the site, and shall provide his own suitable, off-site spoil area, or on
a site designated by the Owner.
Landfill Grassing/4-8-02
01310-125
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. B. The Owner shall have the opportunity to inspect any equipment or materials
removed prior to disposal hy the Contractor. If said equipment and/or materials
are determined to be salvageable by the Owner, the Contractor shall transport
said equipment and material to a building or area desi~'I1ated by the Owner.
] .04 FINAL CLEANING
A. The Contractor shall:
1.
Schedule cleaning operations so that dust and other contaminants
resulting from the cleaning process will not fall on wet, newly painted
surfaces.
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Employ experienced workmen or professional cleaners for final
cleaning.
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Broom clean paved surfaces; rake clean other surfaces of grounds.
4.
Upon completion of the work, Contractor shall remove from the site all
plant, material, tools and equipment belonging to him, and leave the site
with an appearance acceptable to the Engineer.
5.
The Contractor shall thoroughly clean all equipment and materials
installed by him and shall deliver over such materials and equipment in
a bright, clean, polished and new-appearing condition.
B. Restoration of Landscape Damage
Any landscape feature scarred or damaged by the Contractor's
equipment or operations shall be restored as nearly as possible to its
original condition at the Contractor's expense. The Engineer will decide
what method of restoration shall be used.
c. Post:Construction Cleanup or Obliteration
Landfill Grassing/4-8-02
The Contractor shall obliterate all signs of temporary construction
facilities such as haul roads, work areas, structures, foundations of
temporary structures, stockpiles of excess or waste materials, or any
other vestiges of construction.
** END OF SECTION **
01320- 126
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SECTION 01320
PROJECT RECORD DOCUMENTS
PART] - GENERA.L
1.01 DESCRlPTlON
Maintain at the site for the Owner one record copy of:
] . Specifications
') Addenda
3. Change Orders and other Modifications to the Contract
4. Engineer Field Orders or Written Instructions
5. Approved Product Data and Samples
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in Contractor's field office separate from
documents used for construction.
B. Maintain documents in a clean, dry, legible condition and in good order. Do
not use record documents for construction purposes.
C. Make documents and samples available at all times for inspection by the
Engineer and Owner.
1. O~ MARKING
Mark with red erasable pencil and, where feasible, use other colors too.
1.04 RECORDING
A. Label each document "PROJECT RECORD" in neat large printed letters.
B. Record information concurrently with construction progress.
1. Do not conceal any work until required information is recorded.
Landfill Grassing/4-8-02 01320-127
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C. Specifications and Addenda
Legibly mark each section to record:
1. Manufacturer, trade name, catalog number and supplier of each product
and item of equipment actually installed.
') Changes made by Field Order or by Change Order.
1.05 SUBMIIT ALS
A. At Contract close-out deliver Record Documents to the Engineer for the Owner.
B. Accompany submittals with transmittal letters in duplicate, containing:
1. Date
.., Project title and number
3. Contractor's name and address
LandfilI Grassing/4-8-02 01320-128
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4. Title and number of each Record Document
5. Signature of Contractor or his authorized representative
** END OF SECTION **
Landfill Grassing/4-8-02 01330-129
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SECTION 01330
WARRANTIES AND BONDS
P ART 1 - GENERAL
1.01 PROJECT MAINTENANCE AND W ARRANT\'
A. Maintain and keep in good condition the improvements covered by these
specifications during the life of the Contract.
B. Indemnify the Owner against any repairs which may become necessary to any
part of the work performed and to items of equipment and systems procured for
or furnished under this Contract, arising from defective workmanship or
materials used therein, for a period of one year after acceptance of the work is
received from Engineer allowing the Owner to accept the work for operations.
C. The Contractor shall not be obligated to make replacements which become
necessary because of ordinary wear and tear, or as a result of improper
operation or maintenance, or as a result of improper work or damage by another
Contractor or the Owner, or to perform any work which is normally performed
by a maintenance crew during operation.
Landfill Grassing/4-8-02
01330-130
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D. In the event of multiple failures of major consequences prior to the expiration
of the one-year warranty described above, the affected unit shall be
disassembled, inspected, and modified or replaced as necessary to prevent
further occurrences. All related components which may have been damaged or
rendered non-serviceable as a consequence of the failure shall be replaced. A
new twelve-month warranty against defective or deficient design,
workmanship, and materials shall commence on the day that the item is
reassembled and placed back into operation. As used herein, multiple failures
shall be interpreted to mean two or more successive failures of the same kind in
the same item or failures of the same kind in two or more items.
E. The Contractor shall, at his own expense, furnish all labor, materials, tools and
equipment required and shall make such repairs and removals or shall perform
such work or reconstruction as may be made necessary by any structural or
functional defect or failure resulting from neglect, faulty workmanship or faulty
materials, in any part of the Work performed by him. Such repair shall also
include refilling of excavations or embankments which show settlement or
erosion after backfilling or placement.
F. Except as specified, any and all damage to any facility not designated for
removal, resulting from the Contractor's operations, shall be promptly repaired
by the Contractor at no cost to the Owner.
G. In the event the Contractor fails to proceed to remedy the defects of which he
has been notified within fifteen days of the date of such notice, the Owner
reserves the right to cause the,required materials to be procured and the work to
be done, as described in the specifications, and to hold the Contractor and the
sureties on his bond liable for the cost and expense thereof.
H. Notice to Contractor for repairs and reconstruction will be made in the form of
a registered letter addressed to the Contractor at his home office.
1. NeitJ;1er the foregoing paragraphs nor any provision in the Contract Documents,
. nor any special guarantee time limit implies any limitation of the Contractor1s
liability with the law of the place of construction.
** END OF SECTION **
Landfill Grassing/4-8-02
02100-131
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, SECTION 02010
CLEARING AND GRUBBING
PART 1 - GENER.I\L
] .0] SCOPE
Clearing and grubbing includes, but is not limited to removal from the project
lands of materials found on or near the surface of the ground in the construction
area and understood by generally accepted engineering practice not to be
suitable for construction of the type contemplated. Precautionary measures to
prevent damage to existing features to remain is part of the work.
1.02 QUALITY ASSURANCE
A. The Contractor shall comply with applicable codes, ordinances, rules,
regulations, and laws of local, municipal, state or federal authorities having
jurisdiction over the project. All required permits shall be obtained for
construction operations by the Contractor.
1.03 LOCATION OF WORK
Various sections of landfill Phases lIB & IIC verified by the Contractor on
visit The Contractor shall minimize clearing of existing vegetative growth
around the proposed work.
PART 2 - PRODUCTS
2.01 EQUIPMENT
A. The Contractor shall furnish equipment with operators of the type normally
used in construction for proposed work.
PART 3 - EXECUTION
A. Project area shall be prepared using all means that will ensure excellent and
established grass growth.
** END OF SECTION **
Landfill Grnssingl4-8-02
02100-132
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SECTION 02020
TEMPORARY EROSION CONTROL
PART 1 - GENER.AL
1.01 SCOPE OF THE WORK
A. Erosion control shall be employed during the ground preparation period and
shall include all necessary temporary measures required to prevent soil erosion
from the site until area is permanently grassed.
B. Erosion control measures shall be considered incidental to all landscaping
involving land disturbing activities.
C. The Contractor is solely responsible for coordinating and scheduling his work
to control erosion from the site. It is the Contractors responsibility to control
erosion throughout the project as directed by the Engineer at no additional cost
to the Owner.
1.02 QUALITI ASSURANCE
A. The Contractor shall comply with applicable codes, rules, ordinances,
regulations, and laws of local, municipaJ., state or federal authorities having
jurisdiction over the project. .
B. Erosion control measures for construction shall conform to Project
Specifications, and the Manual for Erosion and Sediment Control in Georgia,
published by the State Soil and Water Preservation Committee of Georgia.
PART 2 - PRODUCTS
2.01 FILTER CLOTH
A. Filter cloth for sediment control fences shall be a pervious sheet of synthetic
polymer filaments forming a stable network so that fibers, retain their relative
positions. Filter cloth shall be of the type recorrunended by its manufacturer for
the intended application. The filter cloth shall meet the following requirements:
1. Minimum Average Thickness: 30 mils (by ASTM D1777).
2. Air Permeability: 250 to 550 CFM/Sq. Ft.
3. Minimum Grab Strength: 110 lbs. (by ASTM D1682).
Landfill Grassing/4-8-02 02100- I 33
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B. Sediment control fence shall be constructed In accordance with the details
shown on the drawings.
PART 3 - EXECUTION
3.01 GENERA.L
A. Temporary erosion control shall be directed toward and have the purpose of
controlling soil erosion at its potential source. Downstream sediment
entrapment measures shall be employed, but only as a bach:up to primary
control at the source.
B. A continuing program ofinstallation and maintenance of sediment control shall
be employed during the construction period.
3.02 TEMPORARY EROSION CONTROL DURING CONSTRUCTION
A. Temporary erosion control during construction shall be employed until such
time as restoration of natural areas is effective in control of erosion from the
site.
B. Sediment Control Fences
1. Temporary sediment control fences shall be located at all points where
surface water can leave the construction area if the source area is subject
to soil erosion. This applies to locations shown on the plans or areas
determined in the field by the Engineer to need sediment control fence
during the phasing of construction.
2. Silt fences shall be constructed to remove sediments from flowing water
through filtration and sedimentation.
3. Silt fences shall be arranged to create ponding behind them. Provision
shall be made for removing accumulated sediments and maintaining
ponding capacity..
4. Silt fences shall be removed and the area restored when permanent
erosion control is effective.
C. Grading Operations
1. Grading operations shall be scheduled so that the ground surface will be
distUrbed for the shortest possible time before area is permanently
grassed. '
2. Wherever steeper slopes or abrupt changes in grade are required, a
diversion or berm shall be constructed at the top of the slope to cause
Landfill Grassing/4-8-02 02100-134
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the surface water to flow along the diversion to a control point to be
transported downslope in a slope drain. In no case shall surface water
be allowed to flow uncontrolled down slopes.
D. Storm Drainage System
1. Temporary sediment barriers shall be maintained around drainage
structures as long as possible but at least until final subgrade preparation
is begun.
F. Ground Cover
Grassing and mulching shall be in accordance \vith the notes on the Section
"Grassing" of the Specifications.
3.03 CLEANUP AND REMOVJ\L
At the time that permanent erosion control is effective, temporary devices and
their accumulated sediments shall be removed. Accumulated sediment in the
sediment pond shall be removed.
** END OF SECTION **
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SECT] ON 02100
GRASSING
PART 1 - GENER.A..L
1.01 SCOPE
A. The work covered by this section consists of furnishing all laboL equipment,
and material required to establish permanent grassing including seedbed
preparation, harrowing,. compacting, place seed, commercial fertilizer,
agricultural limestone, mulch material and other placement operations on
graded earthen areas as described herein and/or shown on site visit. In general,
seeding operations shall be, conducted on selected graded earthen areas_not
covered by established grass; and on all areas which are disturbed by this
landscaping operations. Areas disturbed by borrow or stocl.l'iling or other
activities shall also be seeded according to these Specifications.
B. The work shall include temporary grassing operations to stabilize earthen
surfaces until permanent grass growth is established.
1.02 QUALITY ASSURANCE
A. Prior to seeding operations, the Contractor shall furnish to the Engineer labels
or certified laboratory reports from an accredited commercial seed laboratory or
a state seed laboratory showing the analysis and germination of the seed to be
furnished. Acceptance of the seed test reports shall not relieve the Contractor
of any responsibility or liability for furnishing seed meeting the requirements of
this section.
B. Prior to topsoil (soil to be seeded) operations, the Contractor shall obtain
representative samples and send samples to a local agricultural extension office
or State University Agricultural Extension Services or other certified testing
"laboratory for recommendations on fertilizer, lime and seed mix to be used.
One sample shall be taken from each area oflandfill to be seeded.
1.03 DELIVERY, STORAGE, AND HANDLING
A. Deliver packaged materials in containers showing weight, analysis and name of
manufacturer.
B. Protect material from deterioration during delivery, and while stored at site.
1.04 REFERENCES
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02100-136
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A. "Standard Specifications for Road and Bridge Construction". latest edition,
Georgia Depanment of Transponation (Georgia DOT Specifications),
PART 1- PRODUCTS
2.01 SEED
A. Seed shall be delivered in new bags or bags that are sound and labeled 111
accordance with the U. S. Depanment of Agriculture Federal Seed Act.
B. All seed shall be from the last crop available at time of purchase and shall not
be moldy, wet, or otherwise damaged in transit or storage.
C. Seed shall bear the growers. analysis testing to 98 percent for purity _and 90
percent for germination. At the discretion of the Engineer, samples of seed may
be taken for check against the growers analysis.
D. Seed types shall be a mixture of all of the following seed.
Dates
Primary Seed Tvpes
Rate of Application
(lbs/acre)
60
75
20
All Year
All Year
Nov. 1 - Jul. 15
Nov. 1 - Apr. 1
Aug. 1 - Apr. 15
Apr. 1 - Jul. 15
Bahia, Wilmington
Sericea Lespedeza
Common Bermuda
Fescue
Brown Top Millet
Annual Rye Grass
50
10
10
The variety and blends of seed may be added, deleted or substituted as
appropriate to take advantage of proven varieties and mixtures and to account
for changes of season and weather. Areas not suitable to seed shall be straw
mulched at a rate of two tons per acre until seeding can be facilitated.
E. Seed which has become wet, moldy or otherwise damaged will not be
acceptable.
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02100-137
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2.02 FERTILIZER AND LIMING MATERIALS
A. Fertilizer and liming materials shall comply with applicable state, local, and
federal laws concerned with their production and use.
B. Commercial fertilizer shail be a ready mixed material and shall be equivalent to
the !,.'Tade or grades specified in these specifications. Container bags shall have
the name and address of the manufacturer, the brand name. net weight, and
chemical composition.
C. Fertilizer shall be applied at a N-P-K equivalent of 10-10-10 and a rate of 1200
pounds to 1500 pounds per acre. Lime shall be applied at a rate of one to two
tons per acre. If the laboratory testing of the soil indicates a different
equivalent or rate, then the f~rtilizer and lime shall be adjusted accordingly.
D. Agricultural limestone shall be a pulverized limestone having a calcium
carbonate content of not less than 85 percent by weight. Agricultural limestone
shall be crushed so that at least 85 percent of the material will pass a No. 10
mesh screen and 50 percent will pass a No. 40 mesh screen.
2.03 MULCH MA TERL~
A. All mulch materials shall be air dried and reasonably free of noxious weeds and
weed seeds or other materials detrimental to plant growth.
B. Mulch shall be composed of wood cellulose fiber, straw, or stalks, as specified
herein. Mulch shall be suitable for spreading with standard mulch blowing
equipment.
C. Wood-cellulose fiber mulch shall be as manufactured by Weyerhauser
Company, Conway Corporation, or equal.
D. Straw mulch shall be partially decomposed stalks of wheat, rye, oats, or other
approved grain crops.
E. Stalks shall be the partially decomposed, shredded residue of corn, cane,
sorghum, or other approved standing field crops.
2.04 MULCH BINDER
A. Mulch on slopes shall be held in place by the use of an approved mulch binder.
The mulch binder shall be non-toxic to plant life. .
2.05 INOCULANTS FOR LEGUMES
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02100-138
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All leguminous seed shall be inoculated prior to seeding with a standard culture
of nitrogen-fixing bacteria that is adapted to the panicular seed involved,
2.06 WATER
Water shall be clean, clear water free from any objectionable or harmful
chemical qualities or organisms and shall be furnished by the Contractor.
PAAT 3 - EXECUTION
3.01 SOIL SAMPLING
A. Contractor's independent testing firm shall obtain samples of the soil to be
seeded and send the sampl~s to a local agricultural extension office ,or State
University Agricultural Extension Services or other certified testing labonitory
for recommendations on fertilizer, lime and seed mix to be used.
B. One sample shall be taken at least for each area of landfill to be seeded.
3.02 SEEDBED PREPARATION
A. Not earlier than 24 hours before the seed is to be sown, the soil surface to be
seeded shall be thoroughly cultivated to a depth of not less than 6 inches
B. Surface shall be reasonably smooth and free of litter, large clods, roots, sharp
protrusions, and large stones.
C. If the prepared surface becomes eroded as a result of rain or for any other
reason, .or becomes crusted before the seed is sown, the surface shall again be
placed in a condition suitable for seeding.
D. Ground preparation operations shall be performed only when the ground is in a
tillable and workable condition.
3.03 ,FERTILIZATION.AND LIMING
A. Following seedbed preparation, fertilizer shall be applied to all areas to be
seeded so as to achieve the application rates specified in this Grassing Section.
B. Fertilizer shall be spread evenly over the seedbed and shall be lightly harrowed,
raked, or otherwise incorporated into the upper portion of the soil.
C. Fertilizer need not be incorporated in the soil as specified above when mixed
with seed in water and applied with power sprayer equipment. The seed shall
not remain in water containing fertilizer for more than 30 minutes when a
hydraulic seeder is used.
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Areas inadequately covered shall he re-treated as directed by the Engineer.
D. Ah'Ticulturallimestone shall be thoroughly mixed into the soil according to the
rates specified in Contract Document. Incorporate lime into six inches of soil.
E. It is the responsibility of the Contractor to make one application of maintenance
fertilizer at one-half the rates specified in the Contract Document and should be
applied in early spring or fall following initial establishment of cover.
3.04 SEEDING
A. Seed of the specified h'TOUP shall be sown as soon as preparation of the seedbed
has been completed. No seed shall be sown during high winds, nor until the
surface is suitable for working and is in a proper condition. Seeding shall be
performed during the dates ?hown in the Contract Document. Seed I:J1ixtures
may be sown together provided they are kept in a thoroughly mixed condition
during the seeding operation.
B. Seeds shall be unifomily sown by any approved mechanical method to suit the
slope and size of the areas to be seeded, preferably v.rith a broadcast type seeder,
windmill hand seeder, or approved mechanical power drawn seed drills.
Hydro-seeding and hydromulching may be used on slopes, provided full
coverage is obtained. Care shall be taken to adjust the seeder for seedings at the
proper rate before seeding operations are started and to maintain their
adjustment during seeding. Seed in hoppers shall be agitated to present
segregation of the various seeds in a seeding mixture.
C. Hand-operated seeding devices may be used on areas which are inaccessible to
mechanical seeders.
D. Immediately after sowing, the seeds shall be covered and compacted to a depth
of c to d inch by a cultipacker or suitable roller.
E. LegUminous seeds shall be inoculated prior to seeding with an ~pproved and
compatible nitrogen-fixing inoculant in accordance with the manufacturer's
mixing instructions.
3.05 MULCHING
A. All seeded areas shall be uniformly mulched in a continuous blanket
immediately after seeding. The mulch shall be applied so as to permit some
sunlight to penetrate and the air to circulate and at the same time shade the
ground, reduce erosion, and conserve soil moisture. Approximately 25 percent
of the ground shall be visible through the mulch blanket. The application rates
for mulching are specified in the Contract Document.
Landfill Grassing/4-8-02
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B. One of the following mulches shall be spread evenly (wer the seeded areas at
the following application rates: Application rates 1, 2, and 3 are considered
standard mulch.
3.06
A.
B.
3.07
A.
B.
C.
1. Wood Cellulose Fiber: 1,400 pounds/acre
2. Straw: 4,000 pounds/acre
3. Stalks: 4,000 pounds/acre
4. Erosion Control Blanket: Bon Terra S1 or equal
These rates may be adjusted at the discretion of the Engineer at no additional
cost to the Owner, depending on the texture and condition of the mulch
material and the characteristics of the seeded area.
c.
The Contractor shall cover structures, poles, fence, and appurtenances if the
mulch binder is applied in. such a way that it would come in contact with or
discolor the structures.
D.
Mulch and binder shall be applied by suitable blowing equipment at closely
controlled application rates.
WATERING
Contractor shall be responsible for maintaining the proper moisture content of
the soil to insure adequate plant growth until a satisfactory stand is obtained.
If necessary, watering shall be performed to maintain an adequate water
content in the soil.
Watering shall be accomplished by hoses, tank truck, or sprinklers in such a
way to prevent erosion, excessive runoff, and overwatered spots.
MAINTENANCE
Upon completion of seeding operations, the Contractor shall clear the area of
all equipment, debris, and excess material and the premises shall be left in a
neat and orderly condition.
Begin maintenance immediately after seed placement.
The Contractor shall maintain. all seeded areas without additional payment
until final acceptance of the work by the Owner, and any regrading,
refertilizing, reliming, reseeding, or remulching shall be done at his own
expense. Seeding work shall be repeated on defective areas at the
Contractor=s expense until a satisfactory uniform stand is accomplished.
Damage resulting from erosion, gulleys, washouts, or other causes shall be
repaired by filling with topsoil, compacting, and repeating the seeding work at
his expense.
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Final acceptance of seeding will not be made until an acceptable unifon11
stand of grass is obtained in desif:.'T1ated areas.
** END OF SECTION **
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