HomeMy WebLinkAboutRae's Creek Relief Sewer
Augusta Richmond GA
DOCUMENT NAME:~\ S CY-ee ~ ~'e: \ '\e~ C::>e\l\)eV-
DOCUMENT TYPE: ~D~c....-\- <s
YEAR: 1-00 \
BOX NUMBER: \ '3
FILE NUMBER: '\ 5 Lo 3 ~
NUMBER OF PAGES:
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CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
FOR
BID ITEM #01-114
RAE'S CREEK RELIEF SE\VER - PHASE I
Augusta, Georgia
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AUGUSTA UTILITIES
Prepared by
Cranston, Robertson & Whitehurst, P.C.
ENGfflEERS -PLANNERS -Sl~VEYORS
452 Ellis Street - P.O. Box 2546
Augusta, Georgia 30903
June 29, 2001
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2000-413.31 J
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THE AMERICAN INSTITUTE OF ARCHITECTS
..
A/A Document A311
Performance Bond
GA3790
KNOW ALL MEN BY THESE PRESENTS: that
Nordmann Contracting, Inc.
PO Box 16103
Augusta, Ga 30919
As Principal, hereinafter called the Contractor, and
Merchants Bonding Company
PO Box 26720
Austin, TX 78755-0720
as Surety, hereinafter called the Surety, are held and firmiy bound unto
Augusta-Richmond County Commission
As Obligee, hereinafter called the Owner, in the amount of
Forty Six Thousand Five Hundred Seventy One and 00/1 00 Dollars
Dollars ($46,571.00)
for the payment whereof Contractor and Surety, bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
Rae's Creek Relief Sewer - Phase 1
, entered into a contract with Owner for
In accordance with Drawings and Specifications prepared by
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
"'
1"
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, a declared by Owner
to be in default under the Contract, the Owner
having performed Owner's obligations thereunder,
the Surety may promptly remedy the default, or
shall promptly
1) Complete the Contract in accordance with its
terms and conditions, or
2) Obtain a bid or bids for completing the
Contract in accordance with its terms and
conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the
Owner elects, upon determination by the
Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract
between such bidder and Owner, and make
available as work progresses (even though
there should be a default or a succession of
defaults under the contract or contracts
Signed and Sealed this
! 3 I!--
Day of ~
o~ '7JIl (~-'~
(Witness)
~~c~ 1):;"~tujJ.
Of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less
the balance of the contract price; but not
exceeding, including other costs and damages for
which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The
term "balance of the contract price," as used in this
paragraph, shall mean the total amount payable by
Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid
by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on
which the final payment under the Contract falls
due.
No right of action shall accrue on this bond to or
for the use of any person or corporation other than
the Owner named herein or the heirs, executors,
administrators or successors of the Owner.
2001
Nordmann Contracting, Inc.
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(Seal)
(Title)
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nts Bonding Company
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(Title)
Robert T. Theus, Attorney-Ir\-Fact
(Seal)
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A3 77
Labor and Material Payment Bond
GA3790
KNOW ALL MEN BY THESE PRESENTS: that
Nordmann Contracting, Inc.
PO Box 16103
Augusta, Ga 30919
As Principal, hereinafter called the Contractor, and
Merchants Bonding Company
PO Box 26720
Austin, TX 78755-0720
as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission
As Obligee, hereinafter called the Owner, in the amount of
Forty Six Thousand Five Hundred Seventy One and 00/1 00 Dollars
Dollars ($46,571.00)
for the payment whereof Contractor and Surety, bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
Rae's Creek Relief Sewer - Phase 1
, entered into a contract with Owner for
In accordance with Drawings and Specifications prepared by
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
3
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as herein
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the following conditions.
I.
A Claimant is defined as one having a direct contract with
the principal or with a Subcontractor of the Principal for
iabor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and material
being construed to include that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2.
The above named Principal and Surety hereby jOintly and
severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on
which the last of such claimant's work or labor was done
or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such
claimant, prosecute the suit to final judgement for such
sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the
payment of any costs of expenses of any such suit.
3.
No suit or action shall be commended hereunder by any
claimant:
a) Unless claimant, other that one having direct contract
with the Principal, shall have given written notice to any 4.
two of the following: the Principal, the Owner, or the
Surety above named, within ninety (90) days after such
claimant did or performed the last of, the work or labor, or
furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount
claimed and the name of the party to
Signed and Sealed this
13~
Day of
tk~ 2001,
Nordmann Contracting, Inc.
O~ '7VL~
(Witness)
f~;f^~ fQ"~0f
Whom the materials were furnished, or for
whom the work or labor was done or performed. Such
notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the
transaction of business, or served in any manner in
which legal process may be served in the state in which
the aforesaid project is located, save that such service
need not be ,made by a public officer.
b) After the expiration of one (1) year following the date
on which Principal ceased Work on said Contract, it
being understood, however, that if any limitation
embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
c) Other than is a state court of competent jurisdiction in
and for the county or other political subdivision of the
state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is
situated, and not elsewhere.
d)
The amount of the bound shall be reduced by and to the
extent of any payment or payments made in good faith
hereunder, Inclusive of the payments by Surety of
Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and against this bound.
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Bonding Company
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(Seal)
(Title)
Robert T, Theus, Attorney-in-Fact
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Merchants Bonding Company
(MUTUAL) ,
POWER OF ATIORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa. hath made, constituted
and appointed. and does by these presents make, constitute and appoint
Fitshugh K. Powell, Fitzhugh K. Powell, Jr., Robert T. Theus,
Mary Mulcahey and/or Patricia M. Wright
of Jacksonville and State of Florida its true and lawful Attorney-in-Fact, with lull power
and authority hereby conferred in its name, place and stead. to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds. undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of:
TWO MILLION ($2,000,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts at said Attorney-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-ot-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adapted by the Soard 01 Directors oi (11," fIoiERCHAN7S 80;..iDiNG CO~"P.';N,( (MUTUAL) on Oct;:Jber 3,1992.
ARTICLE II, SECTION B. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact. and to authorize them to execute on behaJl of the Company, and attach the Seal of the Company
thereto, bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9. - The signature at any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power at Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereat, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its
corporate seal to be hereto affixed, this 1 st day of January , 2000.
.' . ~G' C" . 0 MERCHANTS BONDING COMPANY (MUTUAL)
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By ~f 7~
PresitJanr
STATE OF IOWA
COUNTY OF POLK
ss.
On this 1 st day cf January ,2000, before me appeared Larry Taylor, 10 me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal ot the said
Corporation and that the sai~ instrument was signed and seaJe$ in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, ! have heraunto set ;ny ~::.r:: ::.r,d affixed my Off:cial Seal at ::-Je City oi Des Maines, Iowa, the day and year. first
above written.
STATE OF IOWA
COUNTY OF POLK ss.
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Notary Public, Polk Counry. Iowa
MSC 0814 (21981
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL). do hereby cenity that the above and joregoing
is a true and correct copy of the POWER.OF.ATIORNEY. executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is stili
in force and effect.
In Witnes,; Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this day of . . 0 . 0 . 0 0
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ADDENDUM NO.1
2000-413.31
to the
Contract Documents and Drawings
for the Construction of
RAE'S CREEK RELIEF SEWER - PHASE I
July 26, 2001
1.
The Contract Plans are amended as follows:
Plan Sheet 4:
Revise the profile to reflect the installation of the 54" sewer
beginning at station 4+86.52 instead of station 3+86.52 as shown.
The invert elevation is to remain as noted on the plans.
Revise note on "Pipe Bulkhead Detail" to read as follows:
Note: All plywood bulkheads shall be constructed by overlapping
sheets of plywood in order to form one integral piece. The
contractor may, at his option, install the same bulkhead
shown for the bell end of'the pipe on the spigot end of the
pipe in lieu of utilizing the MEGALUG as shown.
II.
The Contract Documents are amended as follows:
Bid Schedule:
Delete the Bid Schedule in its entirety and replace it with the
enclosed revised Bid Schedule.
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BID SCHEDULE
TO ACCOMPANY THE PROPOSAL OF
BIDDER:
ADDRESS:
ITEM NO.
1.
2.
...,
.).
4.
5.
FOR THE CONSTRUCTION OF
RAE'S CREEK RELIEF SEWER PHASE I
DESCRIPTION. QUANTITY. UNIT & UNIT PRICE
54" DIP Sanitary Sewer (Bedding & Installation Only)
340 L.F. @ $ IL.F.
Pipe Bulkheads
2 EA@
$
lEA
Grate Inlet (GA DOT 1019 Type A)
1 EA @ $
18" CPP
120
lEA
L.F. @ $
IL.F.
Lump Sum Construction (Including but not limited to pipe
handling, clearing and grubbing, relocation, grading, tree
protection fence, soil erosion, sedimentation control measures
and pipe testing.
Lump Sum
6. Mobilization, Complete (Including Bonds)
Lump Sum
7. Trench Rock Excavation
10 C.Y.@ $ Ic.y
8. Overcut and Suitable Backfill
60 C.Y.@ $ IC.V.
9. Select Backfill
100 C.Y.@ $ Ic.y
10. Concrete Encasement
4.0 c.Y. @ $ IC.Y.
GRAND TOTAL
P-2
-..;........ '. ~.~. . . (... , ,
2000-413.31 . .
AMOUNT
$
$
$
$
$
$
$
$
$
$
$
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CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
FOR
BID ITEM #01-114
RAE'S CREEK RELIEF SEWER - PHASE I
Augusta, Georgia
AUGUSTA-RICHMOND COUNTY COMMISSION
The Honorable Bob Young
Mayor
Lee Beard
Ulmer Bridges
Henry H. Brigham
Jerry Brigham
Andy Cheek
Richard Colclough
William B. Kuhlke
William H. Mays, III
Stephen Shepard
Marion Williams
George Kolb
Administrator
Max Hicks
Director, Augusta Utilities Department
Cranston, Robertson & Whitehurst, P.C.
Engineers - Planners - Surveyors
Augusta, Georgia
June 29, 2001
2000-413.31
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TABLE OF CONTENTS
SECTION
TITLE
NO. OF PAGES
Invitation for Bids
IE Instructions to Bidders
P Proposal
BB Bid Bond
CA Celiificate of Owner's Attorney
A Agreement
NA Notice of Award
PB Performance and Payment Bonds
NP Notice to Proceed
GC-O Index to General Conditions
GC General Conditions
SC-O Index to Special Conditions
SC Special Conditions
TS-O Index to Teclmical Specifications
TS Technical Specifications
4
2
2
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5
57
2
19
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I.
INVITATION TO BID
Sealed Bids will be received in this office until 2:00 p.m., Thursday, August 2, 2001 for the
improvement of sanitary sewer, hereinafter referred to as project name:
BID ITEM #01-114 Rae's Creek Relief Sewer - Phase I for City of Augusta Utilities Department
Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at
the offices of:
Geri A. Sams
The City of Augusta Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
At the time and place noted above the bids will be publicly opened and read.
Bidding documents may be obtained at the office of The City of Augusta Purchasing Department,
530 Greene Street - Room 605, Augusta, Georgia 3091 I. Copies maybe obtained upon payment of
$30.00 non-refundable per set. Bid documents may be examined during regular business hours at
the offices of City of Augusta Purchasing Department, Cranston, Robertson & Whitehurst, Augusta
Dodge Plan Room, and Augusta Builder's Exchange.
It is the wish of the Owner that minority businesses are given the opportunity to bid on the various
parts ofthe 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 Bid may be withdrawn for a period of 60 days after time has been called on the date of opening.
A 10% bid bond is required to be submitted in a separate envelope so marked along with the bidders
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
The Owners reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item Number and Project Name on the outside of the envelope.
Any objections to the specifications as set forth should be filed in writing prior to bid opening.
GERI A SAMS, Purchasing Director
Publish:
Augusta Chronicle
Metro Courier
- July 5, 12, 19,26,2001
- July 11,2001
cc: Brenda Byrd-Peleaz - City of Augusta Equal Opportunity
Max Hicks - City or Augusta Utilities
Jim Rush - CH2M Hill
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SECTION IB
INSTRUCTION TO BIDDERS
IB-O 1
GENERAL
All proposals must be presented in a sealed envelope, addressed to the Owner. The
proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in person and will be subject to the same
requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior
to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal
may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution
of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and location
of the work, the conformation of the ground, the character, quality and quantity of the facilities
needed preliminary to and during the prosecution of the work, the general and local conditions, and
all other matters which can in any way affect the work or the cost thereof under the contract. No oral
agreement or conversation with any officer, agent, or employee of the Owner, either before or after
the execution of the contract, shall affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid documents
will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to Cranston,
Robertson & Whitehurst, P.C, P.O. Box 2546, Augusta, Georgia 30903, and to be given
consideration must be received at least five days prior to the date fixed for the opening of bids. Any
and all such interpretations and any supplemental instructions will be in the form of written addenda
to the specifications which, if issued, will be sent by certified mail with return receipt requested to
all prospective bidders (at the respective addresses furnished for such purposes), not later than three
days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the Contract Documents.
IB-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or
his authorized representative. Any corrections to entries made on bid forms should be initialed by
the person signing the bid.
IB-1
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Bidders must quote on all items appearing on the bid forms, unless specific directions
in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure
to quote on all items may disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will
be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications
shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. .
Bids by wholly owned proprietorships or partnerships will be signed by all owners.
Bids of corporations will be signed by an officer of the firm and his signature attested by the
secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include
and cover the furnishing of all material and the performance of all labor requisite or proper, and
completing of all the work called for under the accompanying contract, and in the manner set forth
and described in the specifications.
Where estimated quantities are included in certain items of the proposal, they are for
the purpose of comparing bids. While they are believed to be close approximations, they are not
guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of
error in extension of prices in a proposal, unit bid prices shall govern.
IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory
evidence that he is skilled in work of a similar nature to that covered by the contract and has
sufticient assets to meet all obligations to be incurred in carrying out the work. He shall submit with
his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT
STATEMENT, giving reliable information as to working capital available, plant equipment, and his
experience and general qualifications. The Owner may make such investigations as are deemed
necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to
him all such additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him
fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Part of the evidence required above shall
consist ofa list of the names and addresses of not less than five (5) firn1s or corporations for which
the bidder has done similar "vork.
IB-2
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IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to the Owner
for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials
under or for the purpose of such contract, conditional for the payment as they become due, of all just
claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost
and charges that may accrue on account of the doing ofthe work specified, and for compliance with
the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the
Owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and
effecti vel y dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as
practicable, provided satisfactory bids are received. The right is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest
submitted if such action is deemed to be in the best interest of the Owner.
1B-3
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.:,.:~~t:
MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the
involvement of qualified minority and economically disadvantaged businesses in the contracted work
of County Government.
In an effort to support this intention, this project is offered to illl qualified firms. The
bids will be evaluated based on qualifications, price and construction time. With all other items
being considered equal, the contract, if awarded will be awarded to a minority and economically
disadvantaged firm or a firm that has included such firms as subcontractors on this project.
The bidders shall include with their bid a statement of qualification for themselves
and/or any qualified subcontractors explaining why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into this category, no information is
necessary.
IB-4
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:-fb, ~~::
DATE:
SECTION P
PROPOSAL
g / Z / i!<!JOI
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Gentlemen:
In compliance with your invitation for bids, the undersigned hereby proposes to furnish all
labor, equipment and materials, and to perform all work for the project referred to herein as:
RL\E'S CREEK RELIEF SE\VER - PHASE I
in strict accordance \-'lith the Contract Documents and in consideration of the amounts sho\.VJ1 on the
bid schedule attached hereto and totaling:
g~-~ ~a...1)r ~~-c1l'Lt
-
(jO !lOa dollars ( 4t.~''l/.(Jo )
,
...
. and
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 10 days of receipt of such notice execute a formal contract agreement \\ith the Owner. and
that he will provide the bond or guarantees required by the contract documents.
The undersigned hereby agrees that, if a\'larded the contract, he \rill commence the
work 'within Ten (lQ) calendar days after the date of written notice to proceed, and that he wiI!
complete the work within Fifteen (15) calendar days after the date of sllch notice.
The undersigned acknowledges r ceipt of the following addenda:
ADf)E~.D1.)1'l1 ti ( - 7 2-7 ZoOI
Enclosed is a bid guarantee, consisting)of
in the amount of TeN ?61<::~G.v( (/0% c>p -;6llJ
Respectfully submitted,
IVORj)MANII C(J/.I~FfC7/AJ6/ /1Ue..
,
FIRM NAME
PO. 6~Y 16103 Iltltf,lj$Tl4 / C:A SCJ)'f7
,
BUSINESS ADDRESS
By:~L
TITLE:(J~
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BID SCHEDULE
TO ACCOMPANY THE PROPOSAL OF
AkIf/)JI1AMt.C ~(JumA('{jjJG /;JC'.
f?~. DCJK. 1~/o3
1ft/GUS 171, (JA _ 3tJ'719
,
BIDDER:
ADDRESS:
ITEj\.f NO.
1.
')
..,
.1.
4.
).
6.
7.
8.
9.
10.
FOR THE CONSTRUCTION OF
RAE'S CREEK RELIEF SE\VER PHASE I
DESCRIPTION. QUANTITY. UNIT '-': UNIT PRICE
54" DTP S~lI1itary Sewer (Bedding & Installation Only)
340 l.F. @. S; 59. t S- /l.F.
Pipe Bulkheads
2 EA (~'
$ ..6/0.00
lEA
Grate Inlet (GA DOT] 019 Type A)
1 EA@ $ ;S-60...06
18" CPP
120
lEA
l.F. @ $ 2/~oc>
11.F.
Lump Sum Construction (Including but not limited to pipe
hnndling. clearing and grubbing. relocation. gr~ding. tree
protection fence. soil erosion, sedimentation control meo.sures
and pipe testing.
Lump Sum
Mobilization. Complete (Including Bonds)
Lump Sum
Trench Rock Excavation
10 CY. @ $
8~Oo
IC '{.
Overcut and Suitable Backfill
60 CY. @ $ /7.50
ICY.
Select Backtill
100 CY. @ $
8.60
IC\".
Concrete Encasement
4.0 CY.i.[p. $ /ZLJ.DO
IC't..
GRAND TOTAL
.' '. ., P-2
2000-413.31
AiVIOU1\"T
S "2"/28/.00
$
~{jZO.(JO
$
/0"00. ()O
.
s
2p20.00
$ /~,?2D.OD
$ 4,3CXJ.(JO
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.-
$ BSff. DC)
s I cJS!J-OO
$ , fSZJ. ()0
s 4?o.oo
~ tft,,61/~O
,
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THE AMERicAN INSTITUTE OF ARCHITECTS
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AlA Documenr A3 10
Bid Bond
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KNOW ALL MEN BY THESE PRESENTS, that we Nordmann Contracting, Inc.
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as Principal, hereinafter called the Principal, and Merchants Bonding Company
a corporation duly organized under the laws of the State of Iowa
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as Surety, hereinafter called the Surety, are held and firmly bound unto City of Augusta Commission
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As Obligee, hereinafter called the Obligee, in the sum of
Ten Percent of Amount Bid
Dollars (10%),
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for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs.
executors. administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
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Rae's Creek Relief Sewer - Phase I, Bid Item Number 01-114
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NOW, THEREFORE, if the Obiigee shail accept the bid of the Principai and the Principai shaii enter into a Contract with the Obiigee in accorcance
with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material furnished in'the prosecution thereof. or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof betWeen the amount speCified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
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Signed and Sealed this 2nd
Day of August 2001
Nordmann Contracting, Inc.
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DCVN:l LuM~
(Wirness)
{ y;;~ O~
mrle)
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0.,J.-\, r (d, ,l_k .\Oc ,(':::,..r-.....=>-:. t ''\'-_ ,
, (Wirness)
Merchants Bonding Company
{ . ~ (S",.~)
(SuI)
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Robert T. Theus, Attorney-In-Fact
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AlA DOCUMENT A31 0 . BID BOND. AlA" . FEBRUARY 1,9?0 ED::!, THE AMERICAN
INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W.. WASHINGTON. D.C. 20006
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Merchants Bonding Company
(MUTUAL> .
POWER OF ATTORNEY
, .:
: t ~''''';':~
K~ow All Persor.s 9y These P~eser.ts. that the ME"CH~NTS BeNDING CG,I,fFA.'IY (MUTV~Ll. a ~rpora~cn culy -::n;ani:~ :.;r.ce~ ~e
laws Ji ttle Slate ot Iowa. and Maving its princioal cr.:ce in ;ne City of Des .\loir.es. CJun:y of POlk. Slate oi IC'Na. tla~" mace. .:::r=e-:
and appointed. and dces by tnese presenrs make. cOr.s;itule and apcoinc
Fitzhugh K. Powell, Fitzhugh K. Powell, J~., Robert T. Theus,
Wendy Dygert and/or Mary Mulcahey
01 Jacksonville ar.d Sta,e -:/ Florida its true ar.c la'Nfuf A::o~ey";r.-~C"_ 'Nit:: .'\.;il .oc._er
anc aw~;~crity hereby c:nierrec :r. its name. ~Iac= a~c: s:a~c. ~o si~:;. e:(ec:.;r2. acx:'lcwleClie ar.c deiiver in its :e::alf as svre':'! ~7f ar.c air
bones. unce~aKin~s. rec::gnizar:ces cr ocher '.vrir:e!'1 c=:i~a~icns in t."e 11art:ra lherecf. SL'ciec: iO ~"e Iiri:l~i:on L~ar ar:y s~c.~ ;ns::"~r.;elir s.-..ail
not exceed me amcunr of:
n\D MILLION C$2/CCO,OCO.OO) Do1la~s
anc :0 ;,ir.d the ,I,lE.~C:-iANTS 2CNDING CGMPANY [,I,IUi'i..''';L~ therei:y as tvily ar.:: to [he sal0e e~.er.: as if s:.;:.~ :cnc =r ur.ce~~.~:; '.V""o:.$
sigr.e-::~y tne duly autt10rized officers of me ,\-1E~C:-;':','I;5 30NDING CC,\IPANY u..IUr\JAL). ar.c ail S;.JC:1 ac-.s ~i sa!c ,l.,,:I0e'!-'r.-F:=.
purs;.Jar.t .0 the aumcrH'I Merein given. are hereoy ra:ir;e-: ar.c cor.tir~ad.
Trois ,=~wer-of.At!c(r.ey is maca .anc :xec:.:cec awrst:aj'j~ ~~ ar:d ty 3.W[~ori:y cf :l~a ~c:fc'",ing ..\~e~cec 5wbs~::.::=c a..r.c .~es:.:;:: =:'-:-=.W$
acopec oy ~'1e Scare of Direc:ors of ~"e ME.:;C;-iANTS 3Co'JDING C:MP...NY (Ml.;"TuAL) on Cc::i:e~ J. 1992. _
.':-nTICL=: !1. Sc.:T10N a.. - ~ie C~air~an or Uie :ca:d or .=:-as:ce:1c c:' any Y:ic= ,=res;cenr or S~~=!art 5~ajl :'2,'1: :owet !:--::::: at.::-:=:.
icy tc 3.p~cir:t Ar.crneys-;r,.,-ac:. anc ~c aurl'1c:-::~ ~~=!":": to exe::..:r: -;:,r, :enait :t {he C.:mpat:y. ?or:.: =";!':."': :.-:e S~ai .::f ~"':= :'::':-::;.=--:t
U,arsco, bcnes and underia.ur:~s. rec:;r:iz.::r.C3S. ::r.~:=.c:s of ir:cSr.inlCY ar.c :!:':ar wr;or.t;s d:ii~~r=rf in ~= t:ar...:r= :'~=:;.::.
A.FiTlet..: II. SECTleN =. - ~'a sigr.at'..lra ct ::::' a:..::;:cr::sc cffks!' ar.c ::-:e S:~ of tit; C':~9ar:y ~2Y ca ~':':;;::e-= =:' ~c::i;:7::;= :c ~"7'.'
,=-;wer o~ Att.c.~ne~ or'C~:.:;;c.;ricn tner=~f ~t:!~::ti=~; :ne :xsc:.::-:cn. ai'':..:: ,jeij"=:"'f cf ar.y ::cr.c. ~r:der7a;"~::~. ;ec.=;::l~~-"::;. :i ::-:a:
s~recyshlp cCllgancns or t:-:a Com;:any. ana s;.;c.~ ~i~:-:a.t~re ar:c saal '",roan .so L:sac shall have ~:;e saiii2 :::;,~a ;::~ ei"7:-:: :.s ~.:~;;":
manually ftxec.
Ir: \N[tnes5 'Nherecr. l'vlE.~C:-!AI\JT.s SeNDING c,::;\~.c;:.).;y (MUTL').Lj has .:.::.~sec ~hesa :i2sar.ts ~.: :e s:::."'::': :'{ i:.s .=~=s:':=:"':~ :.r.c ::s
ccre, orate se::1 to be Mere to .ir.i~ed. this 1 s t c::y 01 J' -'
anuary . 1999'
.\-lE.==:C;-;ANT3 30NCJNG C::~IP."."~ ).:UT;";.:'U
STATE GF ICWA
CCUNlY CF PCU<
55.
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On .his 1st . Cay ct. , Jc:.nu~ry. .' 1999 . cafera me acc;;:ra:: '-=:-' '''2.::=r. := .7.$
perscr.aily :-cr.:own. wMo oein9 by ;;-:= culy S'.vom O:C 5cy ~~a' .~e :s .-(;s;(:e:1\ or ~= 1\1:~C:-:;,,\lIS 3CNDING ::.\.1P.;a",:Y tMLI. _ALl. :.-:=
c::~or2ticn desc:ibed in the :cr:!,;cing :ns,rurr:enc. ar:c :'"":.=.! :"e S~a.j at'::x2': to t."e said ;r:s\n.~r:-:en[ is the C"::-:c:'a!; S:E :: :is ~:.......
C.J(~cradcn and that J'":e saic ins7:""~ii':ent was 3i~nec .~~t s:~i:c in :er:alf cF ~a!c C.:r;crc~icn :y a!.Jt~.:~~ oOr irs :car: :f :Jir:.:::~.
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In Testimony Whereof. I have hereunto sat my hanc ar.e affixed my Or.ic:al S..::I a! ::1e C:ty cf Des .'-Ioines. le.....a.~'1; cay a,~: 'fe::; ::;-;:
above wrir;en.
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SlAT: OF IOWA
COUNTY CF FOLK .ss.
............
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I Wiiliam Warner Jr.. S..:;,H.ir/ ci ~.'1e ME.~CHANTS 3CNCING COM?A,'IY (MUTU~,l.l. cc Mereb cern:., ,har:;:e a:o',e:;r.: ::re;o~~~
is ~ true and ccrre~ co;:y or ;;"Ie PCWE:::.-0F-ATiORNE':'. :.~e-::Jted by sa:c MS;:;CHAN,S SONDING C::,liPAN':' ().IUT,.:':'L), ...."c.~ ;s ;::11
in torce and' effect.
In Wimess Whereof. I have heret;nto se~ my hanc ar.o atf:xed me Saal ot :t1e Ccmpa::y on
ttlis 2nd day cf August .2001
". ~\;G' Col..
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. MSC 081.4 12t98J
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CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned James B. Wall ,the duly authorized and acting legal representative
of Augusta. Georgia, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the
proper parties thereto acting through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the
parties executing the same in accordance with the terms, conditions and provisions thereof.
DATE:
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the 3M of cht:i1 ' 2001, by and
between AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-R CHMONDCOUNTY
COMMISSION, party of the first part, hereinafter called the OWNER, and NORDMANN
CONTRACTING, INC., party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE "VORK
The Contractor hereby agrees to furnish all ofthe materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans described in the
specifications for the project entitled:
RAE'S CREEK RELIEF SEWER - PHASE I
and in accordance with the requirements and provisions of the Contract Documents as defined in the
General and Special Conditions hereto attached which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION -- LIOUIDA TED DAMAGES
The work to be performed under this Contract shall be commenced within ten (LQ)
calendar days after the date of written notice by the Owner to the Contractor to proceed. The work
. shall be completed within Fifteen (15) calendar days after the date of such notice and with sllch
extensions of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the
Owner, that the date of beginning, rate of progress and the time for completion of the work to be
done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work
shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure
full completion there of within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for the completion of the work described herein
is a reasonable time for the completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL OR REFUSE TO COMPLETE
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay to the Owner the sum of Two
Hundred Dollars ($200.00), not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after
the time stipulated in the contract for completing the work.
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The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would, in such event, sustain, and said amounts shall be retained from time to
time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every P9rtion of this
contract and the specifications wherein a definite portion and certain length of time is fixed for the
performance of any act whatsoever; and where under the contract an additional time is allowed for
the completion of any work, the new time limit fixed by extension shall be the essence of the
Contract.
ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the attached schedule
completed at the unit price stated. The number of units contained in this schedule is approximate
only, and the final payment shall be made for the actual number of units that are incorporated in or
made necessary by the work covered by the Contract.
(B) Progress Payments
On no later than the fifth day of every month, the Contractor shall submit to the
Owner an estimate covering the percentage of the total amount of the Contract which has been
completed from the start of the job up to and including the last working day ofthe preceding month,
together with such supporting evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only quantities in place and at the unit prices set forth in the bid schedule.
On the vendor run following approval of the invoice for payment, the Owner shall
after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the final
completion and acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work
acceptable under the Contract and the Contract fully performed he will promptly issue a final
certificate, over his owri signature, stating that the work required by the Contract has been completed
and is accepted by him under the terms and conditions thereof, and the entire balance found to be
. due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner
within 15 days after the date of said final certificate.
(B) Before final payment is due, the Contractor shall submit evidence satisfactory
to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have
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been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such
disputed amounts when adjudicated in cases where such payment has not already been guaranteed
by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of
all claims by the Owner other than those arising from unsettled liens, from faulty work appearing
within 12 months after final payment, from requirements of the specifications, or from
manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except
those previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall
upon certification of the Engineer, and without terminating the Contract, make payment of the
balance due for that portion of the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
.f:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three
(3) c~.l...~lt.eHW~;!~' each of which shall be deemed an original, in the year and day first mentioned
a~~\l-KH'j~I'\;~;'~b
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-1 As its
(SEAL)
NORDMANN CONTRACTING, INC.
By (]~b--
As its rY~
ATTEST:
Address:
Post Office Box 16103
Secretary
Augusta. GeorQia 30919
(\ \. c. W~.\ \ '.c~~
A-3
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NOTICE OF A WARD
TO: NORDMANN CONTRACTING, INC.
PROJECT:
RAE'S CREEK RELIEF SEWER - PHASE I
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of
, $46,571.00.
You are required by the Information for Bidders to execute the Agreement and furnish the
required Contractor's Performance and Payment Bonds within ten (10) calendar days from the date
of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (l0) days from the
date ofthis Notice, said OWNER will be entitled to consider all rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be
entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF A WARD to the
OWNER.
Dated this 8th day of August, 2001.
AUGUSTA-RICHMOND COUNTY COMMISSION
BY:
i! mol ~.
Max Hicks, P.E.
Director, Augusta Utilities Department
TITLE:
*** ACCEPTANCE OF NOTICE ***
Receipt of the above NOTICE OF A WARD is hereby
acknowledged by NORDMANN CONTRACTING, INC.
this the day of , 2001.
BY:
TITLE:
NA-l
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-; ~-:--. ':;. :' "'~.' .
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SECTION PB
PERFORMANCE BOND
(NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON
PAGEPB-3, IN FAVOROF THE OWNER CONDITIONED FOR THEPA YMENT
OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal,
hereinafter called Contractor, and
a corporation organized and existing under the laws of the State of
, with
its principal office in the City of , State of , as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND
THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION as Obligee, hereinafter
called the Owner, in the penal amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns,jointly and severally, firmly by these presents for
the faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated
entered into a contract with Owner for the construction of Rae's Creek Relief Sewer - Phase I,
Augusta, Georgia, in accordance with the drawings and specifications issued by the Augusta Utilities
Department and the Augusta-Richmond County Commission, which contract is by reference made
a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition ofthis obligation is such that, if Contractor shall
'promptly and faithfully perform said CONTRACT, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the
Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the
CONTRACT,. the Owner having performed Owner's obligations thereunder, the Surety may
promptly remedy the default, or shall promptly .
(1) Conlplete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its tem1S and
conditions, and upon determination by Surety of the lowest responsible bidder, or,
PB-l
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if the Owner elects, upon determination by the Owner and the Surety jointly of the
lowest responsible bidder, arrange for a contract between such bidder and Owner, and
make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years
from the date on which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Owner named herein or the heirs, executors, administrators or successors
of the Owner.
Signed and sealed this
day of
A.D. 2001.
Witness
(Seal)
( Contractor)
Attest
By
(Seal)
(Title)
Witness
(Seal)
(Surety)
Attest
By
(Seal)
(Title)
PB-2
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SECTION PB
LABOR AND MATERIAL PAYMENT BOND
(NOTE:
THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND
ON PAGE PB-I, IN FAVOR OF THE O\VNER CONDITIONED FOR THE
PERFORMANCE OF THE \VORK.)
KNOW ALL MEN BY THESE PRESENTS:
That
, as Principal,
hereinafter called Contractor, and
a corporation organized and existing under the laws of the State of
, with
its principal office in the City of , State of , as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND
THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter
called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of _
Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated entered
into a contract with Owner for the constmction of Rae's Creek Relief Sewer - Phase I, in accordance
with drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond
County Commission, which contract is by reference made a part hereof, and is hereinafter referred
to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, ifthe Contractor
shall promptly make payment to all claimants as hereinafter defined, for all labor and material used
or reasonably required to use in the performance of the CONTRACT, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the foHowing conditions:
(1) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably
'required for use in the performance of the contract, labor and material being
construed as to inc1"ude that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by sllch
PB-3
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claimant, may sue on this bond for the use of such claimant, prosecute the suit to
final judgement for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor,
shall have given \vritten notice to any two of the following: The Contractor,
the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last
of the materials for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor was done or
. performed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office regularly
maintained for the transaction of business, or served in any manner in which
legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor
ceased work on said CONTRACT, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or
other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
\vhich the project, or any part thereof, is situated, and not elsewhere.
(4)
The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
PB-4
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Witness
Attest
Signed and sealed this
";";~:X~~;~;{~;::-.;: .
day of
Witness
Attest
... ; .;:~~~~i~~~i~';(~ii!;;~+,'0:~~;"~.
A.D. 2001.
(Seal)
(Contractor)
By
(Seal)
(Title)
(Seal)
PB-5
(Surety)
By
(Seal)
(Title)
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SECTION NP
NOTICE TO PROCEED
August 15,2001
TO NORDMANN CONTRACTING, INC.
SUBJECT: NOTICE TO PROCEED
PROJECT: RAE'S CREEK RELIEF SEWER - PHASE I
Gentlemen:
You are hereby notified to commence work in accordance with the Agreement, within
Ten (lQ) calendar days following the date first written above, and you are to complete the work
within Fifteen (15) consecutive calendar days after the date of this notice. The date set for
completion of all work is therefore August 30,2001.
AUGUSTA-RICHMOND COUNTY COMMISSION
BY:
Max Hicks, P.E.
TITLE: Director, Augusta Utilities Department
*** ACCEPTANCE OF NOTICE***
Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby
accepted on this _ day of , 2001.
BY:
TITLE:
NP-l
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-..,-:;
ARTICLE
-Ol.
-02.
-03.
-04.
-05.
-06.
-07.
-08.
-09.
-10.
-1l.
-12.
-13.
-14.
-15.
-16.
-17.
:T;o-;:'!~~ly~~:
,'. -.'
SECTION GC-O
INDEX TO GENERAL CONDITIONS
Definitions
Preliminary Matters
Contract Documents: Intent, Amending, Reuse
Availability of Lands, Physical Conditions, Reference Points
Bonds and Insurance
Contractor's Responsibilities
Other Work
Owner's Responsibilities
Professional's Status During Construction
Changes In The Work
Change of Contract Price
Change of Contract Time
Warranty and Guarantee; Tests and Inspections: Correction, Removal or Acceptance
of Defective Work
Payments to Contractor and Completion
Suspension of Work and Termination
Dispute Resolution
Miscellaneous
GC-O
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SECTION GC
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms
have the meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly
issued by COUNT'( to prospective Bidders prior to the time of opening of Bids.
Agreement- The \vritten agreement bet\veen OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as
provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by
CONTRACTORin requesting progress or final payments and which is to include such supporting
documentation as is required by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s)
for the \Vork to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by
CONTRACTOR and its Surety in accordance with the Contract Documents.
Change Order-- A document recommended' by PROFESSIONAL, which is signed by
CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, oran
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the
Agreement.
Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid
documentation submitted prior to the Notice of Award) when attached as an exhibit to the
Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans,
Specifications and the Drmvings as the same are more specifically identified in the Agreement,
Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of
Contract together with all amendments, modifications and supplements issued pursuant to
, paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents
as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price
Work).
GC-l
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Contract Time-The number of days (computed as provided in paragraph 17.2) or the date stated in
the Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the
Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of
Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or
employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall
fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's
Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving
Day and the following Friday, and Christmas Day.
Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements
of any inspection, reference standard, test or approval referred to in the Contract Documents, or has
been damaged prior to PROFESSIONAL's reconm1endation offinal payment, unless responsibility
for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance
with paragraph 14.8 or 14.10).
Drawings- The drawings which sho\v the character and scope of the Work to be performed and which
have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of
the Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications,
but which does not involve a change in the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of A ward- The written notice by OWNER to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the conditions precedent enumerated therein,
within the time specified, OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to
PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract
Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
GC-2
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Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended
for a related purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-The Architectural/Engineering finn or individual or in-house licensed person
designated to perform the design and/or resident engineer services for the Work.
Project-The total construction of which the Work to be provided under the Contract Documents n"iay
be the whole, or a part, as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements
contemplated to be constructed in whole or in part under this Contract.
Project A1a(wger- The professional in charge, serving COUNTY with architectural or engineering
services, his successor, or any other person or persons, employed by said COUNTY, for the purpose
of directing or having in charge the work embraced in this Contract.
Resident Project Representative-The authorized representative of PROFESSIONAL who is assigned
to the site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically
prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations,
brochures, standard schedules, performance charts, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for
some portion of the Work.
Specifications- Those portions of the Contract Documents consisting of written technical descriptions
of materials, equipment, construction systems, standards and workmanship as applied to the Work
and cel1ain administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or
with any other SUBCONTRACTOR for the performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where,
in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of
Substantial Completion, it is sufficiently. complete, in accordance with the Contract Documents, so
that the Work (or specified part) can be used for the purposes for which it is intended, or if there be
no such certificate issued, when final payment is due in accordance with paragraph 14.13. The tenns
"substantially complete" and "substantially completed" as applied to any Work refer to Substantial
Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these
General Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, material man or vendor.
GC-3
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Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tUlmels
or other such facilities or attachments, and any encasement containing such facilities which have
been installed underground to furnish any of the following services or materials: electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television, sewage and
drainage removal, traffic or other control systems, or water.
Unit Price W ork- Work to be paid for on the basis of unit prices.
W ork- The entire completed construction or the various separately identifiable parts thereof required
to be furnished under the Contract Documents. Work is the result of performing services, furnishing
labor and furnishing and incorporating materials and equipment into the construction, and furnishing
documents, all as required by the Contract Documents.
Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by O\VNER and recommended by PROFESSIONAL, ordering an
addition, deletion. or revision in the Work, or responding to differing or unforeseen physical
conditions under which the Work is to be performed as provided iri paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or
the Contract Time but is evidence that the parties expect that the change directed or documented by
a Work Directive Change will be incorporated in a subsequently issued Change Order following
negotiations by the parties as to its effect, ifany, on the Contract Price or Contract Time as provided
in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-
engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents.
GC-4
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. 'When CONTRACTOR delivers the executed Agreements to O\VNER, CONTRACTOR
shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in
accordance with these Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one
(I) complete set of the Contract Documents for execution of the work. Additional sets ofthe project
manual and drawings and/or individual pages or sheets of the project manual or dra\vings will be
furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which
will be O\VNER's standard charges for printing and reproduction.
Commencemellt of COil tra ct Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice
to Proceed may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No
Work shall be done prior to the date on which the Contract Time commences. Any Work performed
by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of
CONTRACTOR.
Before Startillg COllstructioll:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. CONTRACTOR shall promptly report in writing to
PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarification from PROFESSIONAL before
proceeding with any Work affected thereby. CONTRACTOR shall be liable to O\VNER for failure
to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR
knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified
in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT
MANAGER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the
various stages of the Work:
GC-5
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2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and
prices of items aggregating the Contract Price and will subdivide the Work into component parts in
sufficient detail to serve as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each item of Work which will
be confirmed in writing by CONTRACTOR at the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to O\VNER, with
copies to each additional insured identified in the Supplementary Conditions; an original policy or
certified copies of each insurance policy (and other evidence of insurance which COUNTY may
reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with
Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR,
PROJECT MANAGER, PROFESSIONAL and others as appropriate vvill be held to establish a working
unde'rstanding among the parties as to the Work and to discuss the schedules referred to in 2.6,
procedures for handling Shop Drawings and other submittals, processing applications for payment
and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment, a conference
attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will
be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall
have an additional ten (10) calendar days to make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules
are submitted and acceptable to Project Manager and PROFESSIONAL as provided below. The
finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as
providing an orderly progression of the Wark to completion within any specified Milestones and
the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for
the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR'
from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample
submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved
by PROFESSIONAL as to form and substance.
CONTRACTOR, in addition 'to preparing an initially acceptable schedule, shall be
responsible for maintaining the schedule, including updating schedule. Schedule updates shall
include progression of work as compared to scheduled progress on \vork. Schedule updates shall
accoh1pany each pay request.
, GC-6
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
I nlenl:
3.1. The Contract Documents comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called
for by one is as binding as if called for by all. The Contract Documents ,vi II be construed in
accordance with the law of the State of Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or
part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials
or equipment that may reasonably be inferred from the Contract Documents or from prevailing
custom or trade usage as being required to produce the intended result will be supplied whether or
not specifically called for. When words or phrases which have a well-known technical or
construction industry or trade meaning are used to describe Work, materials or equipment, such
words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided
by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the
provisions of the Contract Documents shall take precedence in resolving any conflict, error,
ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of
any such standard, specification, manual, code or instruction (whether or not specifically
incorporated by reference in the Contract Documents) and the provisions of any such Laws or
Regulations application to the performance of the Work (unless such an interpretation of the
provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL
as provided in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society~
organization or association, or to the Laws or Regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard, specification, manual,
code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the
Agreement if there were no Bids), except as' may be otherwise specifically stated in the Contract
Documents.
3.5. If, during the performance ofthe Work, CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract Documents or between the Contract Documents and
any provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7,
CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with
the Work affected thereby and shall obtain a written interpretation or clarification from
PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL
for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless
CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
GC-7
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Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the following
ways:
3.6.1. a formal Written Amendment,
~
"-";",
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Directive Change (pursuant to paragraph 1 0.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed
by a Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized in one or more of the following
ways:
/
./
, /
3.7.1. a Field Order (pursuant to paragraph 9.5). I
./
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs
6.24 and 6.26), or
3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or
organization performing or furnishing any of the Work under a direct or indirect contract with
OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications
or other documents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL
or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other
documents (or copies of any thereof) on extensions of the Project or any other project without written
consent of OWNER and PROFESSIONAL and specific written verification or adaptation by
PROFESSIONAL.
GC-8
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ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which
the Work is to be performed, rights-of-way and easements for access thereto, and such other lands
which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be
obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to
agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the
Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or
easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The
CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
Physical COllditiolls:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for
identification of those reports of explorations and tests of subsurface conditions at or contiguous to
the site that have been utilized in preparing the Contract Documents and those drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained
in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions.
Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any
claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect
to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes,
including but not limited to, any aspects of the means, methods, techniques, sequences and
procedures of construction to be employed by CONTRACTOR and safety precautions and programs
incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or
shown or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data"
or any such data, interpretations, opinions or information. .
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1)
subsurface or otherwise concealed physical conditions which differ materially from those indicated
in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in construction
activities ofthe character provided for in the Contract Documents, then CONTRACTOR shall give
GC-9
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COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48
hours after first observance of the conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such
conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost
of, or time required for, performance of any part of the Work, the Project Manager and
PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time,
or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are
not materially different from those indicated in the Contract Documents or are not materially
different from those ordinarily found and that no change in the terms of the Contract is justified, the
PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
performed after direction is provided-by the PROFESSIONAL.
Physical Conditiolls-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site is based on
information and data furnished to O\VNER or PROFESSIONAL by OWNERs of such Underground
Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. O\VNER and PROFESSIONAL shall not be responsible for the accuracy or
completeness of any such information or'data: and
4.3.1.2. The cost of all of the following will be included in the Contract Price and
CONTRACTOR shall have full responsibility for reviewing and checking all such information and
data for locating all Underground Facilities shown or indicated in the Contract Documents, for
coordination of the Work with the OWNERs of such Underground Facilities during construction,
for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto
resulting from the Work, the cost of all of which will be considered as having been included in the
Contract Price,
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or
contiguous to the site which was not shown or ~ndicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be av,:are of, CONTRACTOR shall,
promptly after becoming aware thereof and before performing any Work affected thereby except in
an emergency as permitted by paragraph 6.22, identify the owner of such Underground Facility and
give written notice thereofto that owner and to OWNER and PROFESSIONAL. PROFESSIONAL
will promptly review the Underground Facility to determine the extent to which the Contract
Documents should be modified to reflect and document the consequences of the existence of the
Underground Facility, and the Contract Documents will be amended or supplemented to the extent
necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they
are attributable to the existence of any Underground Facility that was not shown or indicated in the
Contract Documents and which CONTRACTOR could not reasonably have been expected to be
aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may
GC-IO
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make a claim therefor as provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction
which in PROFESSIONAL'sjudgment are necessary to enable CONTRACTOR to proceed with the
Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in
the General Requirements), shall protect and preserve the established reference points and shall make
no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall
report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and shall be responsible for the accurate
replacement or relocation of such reference points by professionally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous \Vaste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste
or Radioactive Material uncovered or revealed at the site which was not showl1 or indicated in
Drawings or Specifications or identified in the Contract Documents to be within the scope of the
Work and which may present a substantial danger to persons or property exposed thereto in
connection with the Work at the site. COUNTY shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom
CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous
condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii)
notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER
shall promptly consult with PROFESSIONAL concerning the necessity for O\VNER to retain a
qualified expert to evaluate such hazardous condition or take corrective action, if any.
CONTRACTOR shall not be required to resume Work in connection \'lith such hazardous condition
, '
or in any such affected area until after OWNER has obtained any required pem1its related thereto
and delivered to CONTRACTOR special written notice (i) specifying that such condition and any
affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special
conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or
Contract Times as a result of such Work stoppage or such special conditions under which \Vork is
agreed by CONTRACTOR to be resumed, either party may make a,claim therefor as provided in
Articles 11 and 12.
.4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume
such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under
. ~
such special conditions, then CONTRACTOR may order such portion of the Work that is in
connection with such hazardous conditions or in such affected area to be deleted from the Work.
If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an
adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY
may have deleted such portion of the Work performed by COUNTY's 0\\11 forces or others in
accordance with Article 8.
GC-l1
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4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at
least equal to the Contract Price as Security for the faithful performance and payment of all
CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment becomes due, except as othen-vise provided
by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed
by Law or Regulation or by the Contract Documents and be executed by such sureties as are named
in the currentlist of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds, and as Acceptable Reinsuring Companies" as published in 'Circular 570 (amended) by the
Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and
maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly
licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and
coverages so required. All bonds signed by an agent must be accompanied by,a certified copy of
authority to act. Such surety and insurance companies shall also meet such additional requirements
and qualifications as may be provided in the Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured
identified in- 5.3, an original or a certified copy of the complete insurance policy for each policy
required, certificates of insurance (and other evidence of insurance requested by OWNER or any
other additional insured) which CONTRACTOR is required to purchase and maintain in accordance
with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or
becomes insolvent or its right to do business is terminated in any state where any part of the Project
is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five
days thereafter substitute another Bond and Surety, both of which must be acceptable to O\VNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and
other insurance as is appropriate for the Work being performed and furnished and as will provide
, GC-12
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protection from claims set forth below which may arise out of or result from CONTRACTOR's
performance and furnishing ofthe Work and CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor,
by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or
by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation,disabi lity benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because ofbodily injury, occupational sickness or disease, or death
of CONTRACTOR's employees;
5.3.3. Claims for damages because of bodily injury, sickness or disease~ or death of any
person other than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained
(a) by any person as a result of an offense directly or indirectly related to the employment of such
person by CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the \Vork itself, because of injury to or destruction
of tangible property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily
injury or death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverages and be written for
not less than the limits of liability and coverages provided in the Supplementary Conditions, or
required by law, whichever is greater. The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER, PROGRAM MANAGER, and
PROFESSIONAL by certified mail. All such insurance shan remain in effect until final payment
and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective
Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such
completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include
contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and
6.33.
, GC-13
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Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability
insurance, and/or Risk Retention Program, and, at O\VNER's option, may purchase and maintain
such insurance as will protect O\VNER against claims which may arise from operations under the
Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, O\VNER shall purchase
and maintain property insurance upon the Work at the site to the full insurable value thereof(subject
to such deductible amounts as may be provided in the Supplementary Conditions or required by
Laws and Regulations). This insurance shall include the interests ofO\VNER, CONTRACTOR,
Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants
in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against
the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and
damage including theft, vandalism and malicious mischief, collapse and water damage, and such
other perils as may be provided in the Supplementary Conditions, and shall include damages, losses
and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement
of , any insured property (including but not limited to fees and charges of PROFESSIONALs,
architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or
otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain
similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional
property insurance as may be required by the Supplementary Conditions or Laws and Regulations
which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL
AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or
additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a
provision or endorsement that the coverage afforded \vill not be canceled or materially changed or
renewal refused lIntil at least thirty days prior written notice has been given to CONTRACTOR by
certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2.
5.9. O\VNER shall not be responsible for Pllrchasing and maintaining any property insurance
to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any
deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the
deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such
loss, and if any of them wishes property insurance coverage within the limits of such amounts, each
may purchase and maintain.it at the purchaser's own expense.
GC-14
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5.10. If CONTRACTOR requests in writing that other special insurance be included in the
property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof
will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to
commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether
or not such other insurance has been procured by OWNER.
Waiver of Rigltts:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and
damages caused by any of the perils covered by the policies of insurance provided in response to
paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such
rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other
parties named as insureds in such policies for losses and damages so caused. As required by
paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar
waiver provisions by the Subcontractor in favor ofO\VNER, CONTRACTOR, PROFESSIONAL,
PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers
shall extend to the rights that any of the insured parties may have to the proceeds ofinsurance held
by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. O\VNER and CONTRACTOR intend that policies provided in response to
paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all
losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain
provisions to the effect that in the event of payment of any loss or damage the insurer will have no
rights of recovery against any of the parties named as insureds or additional insureds, and if the
insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's
consultant OWNER will obtain the same, and if such waiver forms are required of any
Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7
will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their
interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph
5.13. O\VNER shall deposit in a separate account any money so received and shall distribute it in
accordance with such agreement as the parties in interest may reach. If no other special agreement
is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on
account thereof, and the Work and the cost thereof covered by' an appropriate Change Order or
Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers
. unless one ofthe parties in interest shall object in writing within fifteen days after the occurrence of
loss to OWNER's exercise of this power. Ifsuch objection be made, OWNER, as trustee, shall make
settlement with the insurers in accordance with such agreement as the parties in interest may reach.
.. GC-15
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If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an
insured loss, give bond for the proper performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the
insurance required to be purchased and maintained by CONTRACTOR in accordance with
paragraphs 5.3 and 5.4 on the basis of its not complying \vith the Contract Documents, O\VNER
shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such
certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to
the coverage afforded by or other provisions of the policies of insurance required to be purchased
and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not
complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof
within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with
paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional
information in respect of insurance provided by each as the other may reasonably request. Failure
by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall
constitute acceptance of such insurance purchased by the other as complying with the Contract
Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior
to Substantial Completion of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the
insurers providing the property insurance have acknowledged notice thereof and in writing effected
the chang'es in coverage necessitated thereby. The insurers providing the propeliy insurance shall
consent by endorsement on the policy or policies, but the property insurance shall not be canceled
or lapse on account of any such partial use or occupancy.
bulemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM
MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands,
damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the
performance of its Work, provided that any such liability, claim,' suit, demand, damage, loss, or
expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of
tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part
by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed
by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in
whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against COUNTY or any of its agents or employees by any
employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, the indemnification obligation
under the previous paragraph shall not be limited in any way as to the amount or type of damages,
GC-16
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compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under
workmen's compensation acts, disability benefit acts, or other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly
or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses
(including attorney' s fees) arising out of any infringement on patent or copyrights held by others and
shall defend all such claims in connection with any alleged infringement of such rights.
GC-l 7
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and ,applying such skills and expertise as may be necessary to
perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction, but
CONTRACTOR shall not be responsible for the negligence of others in the design or specification
of a specific means, method, technique, sequence or procedure of construction which is shown or
indicated in and expressly required by the Contract Documents. CONTRACTOR shall be
responsible to see that the finished Work complies accurately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress a competent
resident superintendent, who shall not be replaced without whiten notice to OWNER and
PROFESSIONAL. except under extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have authority to act on behalf of CON-
TRACTOR. All communications to the superintendent shall be as binding as if given to
CONTRACTOR.
Labor, Nlaterials and Equipment.:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and
layout the Work and perform construction as required by the Contract Documents. CONTRACTOR
shall at all times maintain good discipline and order at the site. Except in connection with the safety
or protection of persons or the Work or property at the site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all Work at the site shall be performed during
regular working hours, and CONTRACTOR will not permit evening work or the performance of
Work on Saturday, Sunday or any legal holiday without OWNER's \Hitten consent given after prior
written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish
and assume full responsibility for all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent
necessary for the execution, testing, initial operation, and completion of the Work as required by the
Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. Ifrequired by PROFESSIONAL, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to the kind and quality of materials and
equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instmctions of the applicable Supplier except as otherwise
provided in the Contract Documents; but no provision of any such instructions will be effective to
assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty
or authority to supervise or direct the furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15.
GC-18
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Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent
indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact
thereon of new developments; these will conform generally to the progress schedule
then in effect and additionally will comply with any provisions of the General
Requirements applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the naming
of the item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by
CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed
is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the
following as supplemented in the General Requirements. Requests for review of substitute items of
material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance
thereof, certifying that the proposed substitute will perform adequately the functions and achieve the
results called for by the general design, be similar and of equal substance to that specified and be
suited to the same use as that specified. The application will state that the evaluation and acceptance
of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute for use in the Work will require a change
in any of the Contract Documents (or in the provisions of any other direct contract with OW1\TER
for work on the Project) to adapt the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified
in the application and available maintenance, repair and replacement service will be indicated. The
application will also contain an itemized estimate of all costs that will result directly or indirectly
from acceptance of such substitute, including costs of redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by PROFESSIONAL. In
evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at
CONTRACTOR's expense, additional data about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a
substitute means, ,method, sequence, technique or procedure of construction acceptable to
PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL
to determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedure for review by PROFESSIONAL will be similar to that provided in
paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General
Requirements.
GC-19
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6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each
proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute \"ill
be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. OWNER may require
CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other
surety with respect to any substitute. PROFESSIONAL will record time required by
PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by
CONTRACTOR and in making changes in the Contract Documents occasioned thereby. \Vhether
or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER
for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each
proposed substitute.
Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or
organization (including those acceptable to OWNER and PROFESSIONAL as indicated in
paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor,
Supplier or other person or organization to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors,
Suppliers or other persons or organizations including those who are to furnish the principal items
of materials and equipmentto be submitted to OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER and 'PROFESSIONAL and if
CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions,
OWNER's or PROFESSIONAL's acceptance (either in wTiting or by falling to make wTitten objec-
tion thereto by the date indicated for acceptance or objection. In the bidding documents or the
Contract Documents) of any such Subcontractor, Supplier or other person or organization so
identified may be revoked on the basis of reasonable objection after due investigation, in which case
CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the
difference, and the cost occasioned by such substitution and an appropriate Change Order will be
issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such
Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of
OWNER or PROFESSIONAL to reject defective Work~
6.9. CONTRACTOR shall be fully responsible to O\VNER and PROFESSIONAL for all
acts and omissions ofthe Subcontractors, Suppliers and other persons and organizations performing
or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as
CONTRACTOR'is responsible for CONTRACTOR's 0\\11 acts and omissions. Nothing in the
Contract Documents shall create any contractual relationship between OWNERor PROFESSIONAL
and any such'Subcontractor, Supplier or other person or organization, nor shall it create any
obligation on the partofOWNER or PROFESSIONAL to payor to see to the payment of any moneys
due any such Subcontractor, Supplier or other person or organization except as may otherwise be
required by Laws and Regulations.
GC-20
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6.10. The divisions and sections of the Specifications and the identifications of any
Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any specific trade.
, 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an
appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of
OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11.
CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by
CONTRACTOR'on account oflosses under policies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident
to the use in the performance of the Work or the incorporation in the Work of any invention, design,
process, product or device which is the subject of patent rights or copyrights held by others.
CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone
directly or indirectly employed by either of them from and against all claims, damages, losses and
expenses including attorneys' fees and court and arbitration costs arising out of any infringement on
patent rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product or device not specified in the
Contract Documents, and shall defend all such claims in connection with any alleged infringement
of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all constmction permits, licenses,
governmental charges and inspection fees, and all public utility charges which are applicable and
, necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits,
if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any
delays associated with the permitting process will be considered for time extensions only and no
damages or additional compensation for delay will be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations
applicable to furnishing and performance ofthe Work. Except where otherwise expressly required
by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible
for monitoring CONTRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory
to such laws, rules, and regulations, it will notify the Project Manager promptly in \\Titing. Any
necessary changes shall then be adjusted by an appropriate Change Order. If CONtRACTOR
performs any Work that it knows or should have known to be contrary to such laws, ordinances,
mles, and regulations and \vithout such notice to the Project Manager, it shall bear aU related costs.
GC-21
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6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to
be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project
which are applicable during the performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract Documents and other land and areas permitted by Laws and Regulations,
rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the
premises with construction equipment or other materials or equipment. Any loss or damage to
CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR.
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the
owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance
of the Work. Should, any claim be made against OWNER or PROFESSIONAL by any such owner
or occupant because of the perforrnance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER harmless from and against all claims, damages, losses and expenses (including, but not
limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and
arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any such other party against OWNER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work.
At the completion ofthe Work, CONTRACTOR shall remove all waste materials, rubbish and debris
from and about the premises as well as all tools, appliances, construction equipment and machinery,
and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not designated for alteration by the
Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract
Documents and all Drawings and Specifications. These documents shall be annotated on a
continuing basis to show all changes made during the construction process. These shall be available
to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final
Payment.
GC-22
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk
of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred
the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR
shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when
prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage, injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR,
any Subcontractor, Supplier or any other person or organization directly or indirectly employed by
any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings
or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed
by either of them or anyone for whose acts either ofthem may be liable, and not attributable, directly
or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's
duties and responsibilities for the safety and protection of the Work shall continue until such time
as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and
CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided In connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall
be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent
unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the \Vork or property
at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from
PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss.
CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that
GC-23
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any significant changes in the Work or variations from the Contract Documents have been caused
thereby. If PROFESSIONAL determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Work Directive Change or Change Order
be issued to document the consequences of the changes or variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving
personal injuries to any person on the Site, whether or not such person was engaged in the
construction of the Project, and shall file a written report on such person(s) and any other event
resulting in property damage of any amount within five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required
because of the action taken by CONTRACTOR in response to such an emergency, a Change Order
will be issued to document the consequences of such action.
Shop Drawings alUlSamples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly
submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals,
all submittals and samples required by the Contract Documents. All submittals and samples shall
have been checked by and stamped with the approval of CONTRACTOR and identified as
PROFESSIONAL may require. The data shown on or with the submittals will be complete with
respect to dimensions, design criteria, materials and any other infofmationnecessary to enable
PROFESSIONAL to review the submittal as required. At the time of each submission,
CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample
may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's
review and approval shall be only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents. The approval of a separate item
as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will
make any corrections required by PROFESSIONAL and resubmit the required number of corrected
copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall
constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined
and verified all quantities, dimensions, fieldconstmction criteria, materials, catalog numbers, and
similar data, and that each submittal or sample has been .reviewed or coordinated with the
requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the
submission has been approved by PROFESSIONAL. A copy of each approved submittal and each
approved sample shall be kept in good order by CONTRACTOR at the site and shall be available
to PROFESSIONAL and County staff. Any delays associated with the submittal process will be
considered for time extensions only, and no damages or additional compensation for delay will be
allowed.
6.25.1. Before submission of each Shop Drawing Of sample, CONTR.A.CTOR shall have
determined and verified all quantities, dimensions, specified performance criteria, installation
GC-24
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requirements, materials, catalog numbers and similar data with respect thereto and reviewed or
coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL
specific written notice of each variation that the Shop Drawings or samples may have from the
requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made
on' each Shop Drawing submitted to PROFESSIONAL for review and approval of each such
variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop
Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance
with the design concept of the Project and for compliance \vith the information given in the Contract
Documents and shall not extend to means, methods, techniques, sequences or procedures of
construction (except where a specific means, method, technique, sequence or procedure of
construction is indicated in or required by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such will not indicate
approval of the assembly in which the item functions.
6.27. No Work requiring a submittal or sample submission shall commence llntil the
submission has been approved by PROFESSIONAL. A copy of each approved submittal and each
approved sample shall be kept in good order by CONTRACTOR at the site and shall be available
to PROFESSIONAL and Project Manager staff. Any delays associated with the submittal process
will be considered for time extensions only, and no damages or additional compensation for delay
will be allowed.
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve
CONTRACTOR from responsibility for any variation from the requirements of the Contract
Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such
variation at the time of submission and the Project Manager has given written approval to the
specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from
responsibility for errors or omissions in the submittals.
6.29. Where a shop drawing or sample is required by the Contract Documents or the
schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any
related work performed prior toProfessional's review and approval of the pertinent submittal \\ill
be at the sole expense and responsibility of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during
all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as
CONTRACTOR and OWNER may otherwise agree in writing.
.. GC-25
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Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials,
mbbish, and other debris or contaminates resulting from the work on a daily basis or as required.
At the completion of the work, CONTRACTOR shall remove all waste materials, mbbish, and
debris from the site as well as all tools, constmction equipment and machinery, and surplus materials
and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in
accordance '.vith applicable laws and regulations. In addition to any other rights available to
OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result
in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
//1 de 111/1 ificatio/1:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or
consequential (including but not limited to fees and charges of PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting
from the performance of the Work, provided that any such claim, damage, loss or expense (a) 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 and (b) is caused
in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations
regardless of the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work
or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph
6.32 shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other
person or organization under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the
liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of
the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs
or specifications. '
. GC-26
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own
forces, have other work performed by ailed OWNERs or let other direct contracts therefor which
shall contain General Conditions similar to these. If the fact that such other work is to be performed
was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and, if CONTRACTOR believes that such performance will
involve additional expense to CONTRACTOR or requires additional time and the parties are unable
to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles
11and12.
7.1.2. CONTRACTOR shall afford each utility owner and other contractor \vho is a party
to such a direct contract for OWNER, if OWNER is performing the additional work with O\VNER's
employees, proper and safe access to the site and a reasonable opportunity for the introduction and
storage of materials and equipment and the execution of such work, and shall properly connect and
coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the
Work that may be required to make its several parts come together properly and integrate with such
other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written consent of
PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility owners and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the
work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and
promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that
render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure
so to report will constitute an acceptance of the other work as fit and proper for integration with
CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the
site, the person or organization who will have authority and responsibility for coordination of the
activities among the various prime contractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and responsibility will be itemized, and the
extent of such authority and responsibilities will be provided in the Supplementary Conditions.
Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL
shall have any authority or responsibility in respect of such coordination. '
, GC-27
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ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all
communications to CONTRACTOR through the Project Manager or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint
a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in
connection with such appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents
promptly and shall make payments to CONTRACTOR promptly after they are due as provided in
paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering
surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to
OWNER's identifying and making available to CONTRACTOR copies of reports of explorations
and tests of subsurface conditions at the site and in existing structures which have been utilized by
PROFESSIONAL in preparing the Drawings and Specifications.'
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and
property insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's resporisibijity in respect of certain inspections, tests and approvals is set forth
in paragraph 13.4.
8.8. In connection with OWNER's right to stop \Vork or suspend Work, see paragraphs 13.10
and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under
certain circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The
duties and responsibilities and the limitations of authority of PROFESSIONAL as O\VNER's
representative during construction are set forth in the Contract Documents and shall not be extended
without written consent of O\VNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL \vill make visits to the site at intervals appropriate to the various
stages of construction to observe the premises and quality of the executed Work and to determine,
in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL
will not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a
greater degree of confidence that the completed Work will conform to the Contract Documents. On
the basis of such visits and on-site observations as an experienced and qualified design PROFES-
SIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and \\'ill
endeavor to guard OWNER against defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident
Project Representative to assist PROFESSIONAL in observing the performance of the Work. The
duties, responsibilities and limitations of authority of any such Resident Project Representative and
assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent
to represent O\VNER at the site who is not PROFESSIONAL's agent or employee, the duties,
responsibilities and limitations of authority of such other person will be as provided in the
Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the
Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as
reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable
from the overall intent of the Contract Documents. If CONTRACTOR believes that a written
clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time,
CONTRACTOR may make a claim as provided for in Articles 11 or 12.
Authorized Variations in \-Vork:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements
of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are consistent with the overall intent of the Contract Documents. These may be
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accomplished by a Field Order and will bc binding on OWNER and also on CONTRACTOR who
shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies
an increase in the Contract Price or an extension of the Contract Time and the parties are unable to
agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided
in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which
PROFESSIONAL believes to be defective and will also have authority to require special inspection
or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed
or completed.
SllOp Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples,
see paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles
10, 11 and 12.
9.9. In connection. with PROFESSIONAL's responsibilities in respect of Applications for
Payment, etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities aI1d classifications of Un it Price
Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR
PROFESSIONAL's preliminary determinations on such matters before rendering a written decision
thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's
written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless,
within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to
the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from
such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract
Documents andjudge of the acceptability of the Work thereunder. Claims, disputes and other matters
relating to the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the performance andfumishing of the \Vork and claims under Articles 11
and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to
PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph,
which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such
claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other
party to the Agreement promptly (but in no event later than thirty days after the Occurrence of the
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event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the
other party within sixty days after such occur:rence unless PROFESSIONAL allows an additional
period of time to ascertain more accurate data in support of the claim.
9. 12. When functioning as interpreter and judge under paragraphs 9. 10 and 9.11,
PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in good faith in such capacity. The rendering
of a decision by PROFESSIONAL pursuant to paragraphs 9. I 0 and 9. I I with respect to any such
claim, dispute or other matter (except any which have been waived by the making or acceptance of
final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the
Contract Documents or by Lmvs or Regulations in respect of any such claim, dispute or other matter.
Limitatiolls 011 PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the
Contract Documents nor any decision made in good faith to exercise sllch authority shall give rise
to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of
their agents or employees.
9. 14. PROFESSIONAL shall not be responsible for the construction means, methods,
techniques, sequences, or procedures or the safety precautions and programs used.
PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omISSIons of
CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any
of the Work.
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ARTICLE lO--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order
additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR
with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt,
CONTRACTOR shall promptly submit a written proposal for the changed work prepared in
accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the
Project Manager may order the partial suspension of any Work related to the proposed deletion, in
which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be
entitled to claim lost profits on deleted work. All changed Work shall be executed under the
applicable conditions of the Contract Documents. '
10.2. Additional Work performed by CONTRACTOR without authorization of a Change
Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the
Contract Time, except in the case of an emergency as provided in Article 6. The effect of this
paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions
contained in these Contract Documents.
10.3. Upon agreement as to changes in the \Vork to be performed, Work performed in an
emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the
Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be
signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion,
issue a \Vork Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be
in accordance with Section 11.3. The Work Directive Change will specify a price, and if applicable
a time extension, determined to be reasonable by O\VNER. If CONTRACTOR fails to sign such
Work Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and
12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the
Construction Change Directive.
10.5. CONTRA.CTOR shall proceed diligently with perfom1ance of the \Vork as directed by
OWNER, regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the \Vork or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by
the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly.
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ARTICLE ll-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to \VTitten authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and
obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written
Amendment. Any claim for an increase or decrease in the Contract Price shall be based on \vritten
notice delivered by the pmiy making the claim to the other party and to PROFESSIONAL promptly
(but in no event later than thirty days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the amount of the claim with supporting data shall
be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional
period of time to ascertain more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known amounts (direct, indirect and
consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims
for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved.
No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with
this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment
in the Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and O\VNERrecognizeand
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price
items are approximations prepared by OWNER for bid purposes and that the actual compensation
payable to CONTRACTOR for the utilization of such items is based upon the application of unit
prices to the actual quantities of items involved as measured in the field and required to complete
the Work as originally defined in the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work,
as defined ,in these Contract Documents, is required and affects the quantities required for items
designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the
compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by
a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal
to the quantity of the unit price, item required to complete the Work as defined in the Contract
Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices,
OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision
to the Work is required which results in a change in Work designated in the Bid Proposal as a lump
sum item, the amount of increase or decrease in the lump sum price shall be established by mutual
agreement of the parties.
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11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable
to agree on a price for the changed work, a reasonable price for the same shall be established by
OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order,
specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall
perform the Work as directed in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized
dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances
at no additional costs to OWNER; acceptanCe at no pay; or acceptance at reduced final pay quantity
or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary
change for items identified as lump sum quantities shall be made by O\VNER based upon an analysis
of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions.
Cost oft/Ie Work:
llA. The term Cost of the Work means the sum of all costs necessari I y incurred and paid
by CONTRACTOR in the proper performance of the \Vork. Except as othem'ise may be agreed to
in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality
of the Project, shall include only the following items and shall not include any of the costs itemized
in paragraph 11.5:
llA.l. Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the Work under schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the \Vork. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such
employees shall include superintendents and foremen at the site. The expenses of performing Work
after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above
to the extent authorized by OWNER. .
11A.2. Cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits
funds with CONTRACTOR with which to make payments, in which case the cash discounts shall
accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus
materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so
that they may be obtained.
llA.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by O\VNER, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then
determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract
provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the
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Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost
of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's
architects, testing laboratories, surveyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
.11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and hand tools not
, owned by the workers, which are consumed in the performance of the \V ork, and cost less market
value of such items used but not consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereofwhether
rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER
with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation,
dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental
of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary
for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indi~ectly employed by any of them or for whose acts any of
them may be liable, and royalty payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the
performance and furnishing of the Work (except losses and damages within the deductible amounts
of property insurance established by OWNER in aC,cordance \vith paragraph 5.6) provided they have
resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made \vith the written consent and approval of OWNER. No such
losses, damages and expenses shall be included in the Cost of the Work for the purpose of
determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction
and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at th~ site.
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11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service
at the site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes
'in the Work and premiums of property insurance coverage within the limits of the deductible
amounts established by OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executi\'es,
principals (of partnership and sole proprietorships), general managers, PROFESSIONALs, architects,
estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors,
timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in
CONTRACTOR's priricipal or a branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in paragraph
11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative
costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than
, CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on
CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR
for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR
is required by the Contract Docllments to purchase and maintain the same (except for the cost of
premiums covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone
directly or indirectly, employed by any of them or for whose acts any of them may be liable,
including but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied and making good any damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the
Work:
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11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall
be fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent;
and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to
CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4,
11.4.5 and 11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such
change which results in a net decrease in cost will be the amount of the actual net decrease plus a
deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in
CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with
paragraphs 11.6.2.1 throligh 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together
with supporting data in such detail and form as prescribed by the Project Manager. When a credit
is due, the amount of credit to be allowed by CONTRACTOR to O\VNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as
determined by the Project Manager, plus the applicable reduction in overhead and profit. \Vhen both
additions and credits are involved in any change, the combined overhead and profit shall be
calculated on the basis of the net change, whether an increase or decrease. In any event, the
minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit
cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of
equipment, material by units of measure and price per unit, other costs specifically itemized, plus
the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allovv'ances
so named in the Contract Documents and shall cause the Work so covered to be done by such
Subcontractors or Suppliers and for such sums within the limit of the allow'ances as may be
acceptable to PROFESSIONAL, CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade
discounts) of materials and equipment required by the allowances to be delivered at the site and all
applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation
costs, overhead, profit and other expenses contemplated for the allowances have been included in
the Contract Price and not in the allowances. No demand for additional payment on account of any
thereof will be valid.
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Prior to final payment, an appropriate Change Order will be issued as recommended by
PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly adjusted.
U"it Price Work:
, 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount
equal to the sum of the established unit prices for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the Agreement. The estimated quantities
of items of Unit Price Work are not guaranteed and are solely for the pllllJose of comparison of Bids
and determining an initial Contract Price. Determinations ofthe actual quantities and classifications
of Unit Price Work perfom1ed by CONTRACTOR will be made by PROFESSIONAL in accordance
with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR
to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work perfom1ed by CONTRACTOR
differs materially and significantly from the estimated quantity of such item indicated in the
Agreement and there is no corresponding adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,
CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article
11 if the partes are unable to agree as to the amount of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an
extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and
Project Manager within seven (7) calendar days of the occurrence first happening and resulting in
the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager
within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional
time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth
in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress,
commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL,
or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by
changes ordered in ,the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts
which could not have been identified or foreseen by CONTRACTOR using reasonable diligence,
or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended
by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be
entitled to an extension oftime for such causes only for the number of days of delay which OWNER
may determine to be due solely to such causes and only to the extent such occurrences actually delay
the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the
Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay
in the performance, progress, commencement or completion ofthe Work for any cause whatsoever,
including those for which OWNER or PROFESSIONAL may be responsible in whole or in part,
shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional
compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for
interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the
right to seek an extension to the Contract Time in accordance with the procedures set forth herein.
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ARTICLE 13--\VARRANTY AND GUARANTEE; TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE \VORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment
will be. new unless otherwise specified and that all work will be of good quality, performed in a
workmanlike manner, free from faults or defects, and in accordance with the requirements of the
Contract Documents and any inspections, tests, or approvals refen'ed to in this Article. All
unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the
Contract Documents or such inspections, tests, approvals, or all applicable building, construction
and safety requirements shall be considered defective. Notice of all defects shall be given to
CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected,
cOITected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other
designated representatives of OWNER, and authorized representatives of any regulatory agency shall
at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such
access and observation of the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any Work to specifically be inspected, tested, or approved by
someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice
of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections,
tests, or approvals provided for by OWNER shall be identified in \VTiting by PROFESSIONAL to
CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense
including additional expenses for inspection and tests required as a result of delays by
CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests,
and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR
will furnish PROFESSIONAL with the required Certificates ofInspection,testing, or approval. All
such tests will be in accordance with the methods prescribed by the American Society for Testing
and Materials or such other applicable organizations as may be required by law or the Contract
,Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the
direction of PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations
of any public body having jurisdiction shall be performed by organizations acceptable to OWNER
and CONTRACTOR (or by PROFESSIONALifso specified).
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13.6. Ifany Work (including the work of others) that is to be inspected, tested or approved
is covered without written concurrence of PROFESSIONAL, it must, if requested by PROF-
ESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense
unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention
to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to
such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections,
tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its
obligations to perform the Work in accordance with the requirements of the Contract Documents.
Uncoverhig Work:
13.8. If any Work required to be, inspected, tested or approved is covered prior thereto
without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the
request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for
observation, inspection, testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered \Vork be observed
by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's
request, shall uncover, expose or otherwise make available for observation, inspection or testing as
PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all
direct and consequential costs of such uncovering, exposure, observation, inspection and testing and
of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs,
architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate
decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, owner
may make a claim therefor as provided in Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as'provided in Articles 11 and 12.
Owner May Stop tile Work:
13.10. When Work is gefective or when CONTRACTOR fails to supply sufficient skilled
workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor,
materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents,
OWNER may order CONTRACTOR to stop the Work until the cause for such order has been
eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the
part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or
other damages for a stop work order under' this paragraph. ,
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Correction or Removal of Defective Work: '
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to
OWNER and as specified by PROFESSIONAL, eitner correct the defective Work whether
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fabricated, installed, or completed, or remove it from the site and replace it with non-
defective Work. If CONTRACTOR does not correct such defective Work or remove and
replace such defective Work within a reasonable time, as specified in a written notice from
PROFESSIONAL, O\VNER may have the deficiency corrected. All direct and indirect costs
of such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and
replacing all Work of others destroyed or damaged by the correction, removal, or
replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date
of substantial completion or such longer period of time as may be prescribed by law or by the terms
of any applicable special guarantee required by the Contract Documents, any Work or materials are
found to be defective, incQmplete, or otherwise not in accordance with the Contract Documents,
CONTRA CTO R shall promptly, without cost to 0 \VNER and in accordance wi th 0 \VNER' s wri tten
instructions, either correct such defective Work or ifit has been rejected by OWNER, remove it from
the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with
the terms of such instructions, OWNER may have the defective Work corrected, removed, or
replaced. All direct, indirect and consequential costs of such removal and replacement (including
but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONALs)
will be paid by CONTRACTOR.
, Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work,
OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also
PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct,
indirect and consequential costs attributable to O\VNER's evaluation of and determination to accept
such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to
include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs). Ifany such acceptance occurs prior to PROFESSIONAL's recommendation of
final payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work, and O\VNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to. agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Ifthe acceptance occurs after such recommendation,
an appropriate amount will be paid by CONTRACTOR to O\VNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of
PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as
required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to
perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply
with any other provision ofthe Contract Documents, OWNER may, after seven days' \\Titten notice
to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies
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under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete
corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site,
take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinel)' at
the site and incorporate in the Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored else\vhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees such access to the site as may be
necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct,
indirect and consequential costs of OWNER in exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a
Change Order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such direct, indirect and consequential costs will include, but not be
limited to, fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies
hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract
Documents, including any requirements of the progress schedule, PROFESSIONAL may direct
CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not
limited to, employing additional workmen and/or equipment, and working extended hours and
additional days, all at no cost to OWNER in order to put the Work back on schedule. If.
CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may
terminate the contract or CONTRACTOR's right to proceed with that portion of\Vork and have the
Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the
Contract Documents, including an appropriate reduction in the Contract Price. If the payments due
CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference
to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule,
all costs to OWNER of associated inspection, construction management and resident
PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like
amount via Change Order.
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ARTICLE 14-P A YMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of valuesestablished as provided in 2.9 will serve as the basis for
progress payments and will be incorporated into a fom1 of application for Payment acceptable to
Project Manager. Progress payments on account of Unit Price Work will be based on the number
of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress
payment (but not more often than oncea month), CONTRACTOR shall submit to PROFESSIONAL
for review an application for Payment filled out and signed by CONTRACTOR covering the \\'ork
completed as of the date of the application and accompanied by such supporting documentation as
is required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale,
invoice or other documentation warranting that OWNER has received the materials and equipment
free and clear of all liens and evidence that the materials and equipment are covere'd by appropriate
property insurance and other arrangements to protect OWNER's interest therein, all of which will
be satisfactory to OWNER. Payment is subj ect to a ten percent (l 0%) retainage that will be held
until the final payment or acceptance by OWNER. The amount ofretainage with respect to progress
payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and
equipment covered by any Application for Payment, whether incorporated in the Project or not, will
pass to O\VNER no later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (l0) calendar days after receipt of each Application
for Payment, either indicate in \\Titing a recommendation of payment and present the application to
O\VNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's
reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the
necessary corrections and resubmit the application. O\VNER shall, 'within thirty-one calendar days
of presentation to him of the application for payment with PROFESSIONAL's recommendation of
the amount for payment, pay CONTRACTOR amount recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for
Payment will constitute a representation by PROFESSIONAL to O\VNER, based on PROF-
ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design
PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the
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accompanying data and schedules, that the Work has progressed to the point indicated; that, to the
best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in
accordance with the Contract Documents subject to an evaluation of the Work as a functioning
whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in
the Contract Documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending
any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive
or continuous on-site inspections have been made to check the quality or the quantity of the Work
beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or
that there may not be other matters or issues between the parties that might entitle CONTRACTOR
to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment \vill constitute an additional
representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's
being entitled to final payment as se~ forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if,
in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER.
PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently
discovered evidence or the results of subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to
protect O\VNER from loss because:
14.7.1. the Work is defective, or completed \Vork has been damaged requiring correction
or replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defectiv'eWork or complete \Vork in
accordance with paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the OCCUlTence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount re(;ommended by PROFESSIONAL
because claims have been made against OWNER on account of CONTRACTOR's perfoffilance or
furnishing of the Work or Liens have been filed in connection with the Work or there are other items
entitling OWNER to a set-off against the amount recommended, but OWNER must give
CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for
such action.
Substantial Completion:
14.8. When CONTRA,CTOR considers the entire Work ready for its intended use,
CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is
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substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and
request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable
time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the
Work to determine the status of completion. If PROFESSIONAL does not consider the Work
substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will
prepare and deliver to O\VNER a tentative certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to the certificate a tentative list of items to
be completed or corrected before final payment. OWNER shall have seven days after receipt of the
tentative certificate during which to make written objection to PROFESSIONAL as to any provisions
ofthe certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL will within fourteen days after
submission of the tentative certificate to O\VNER notify CONTRACTOR in writing stating the
reasons therefor. If, after consideration of O\VNER's objections, PROFESSIONAL considers the
Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver
to O\VNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as PROFESSIONAL believes justified after consideration of any objections from
OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROF-
ESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between O\VNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to
PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's
aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the \Vork after the date
of Substantial Completion, but O\VNER shall allow CONTRACTOR reasonable access to complete
or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work
which (i) has specifically been identified in the Contract Documents, or (ii) O\VNER,
PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part
of the Work that can be used by OWNER for its intended purpose without significant interference
with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER
to use any such part of the Work which OWNER believes to be ready for its intended use and
substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and
PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL
to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any
time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substantially complete and request PROFESSIONAL
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to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time
after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection
of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part of the Work to be substantially complete, PROFESSIONAL will notify,OWNER and
CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part
of (the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 \\ill apply with
respect to certification of Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER
to take over operation of any such part of the Work although it is not substantially complete. A copy
of such request will be sent toPROFESSIQNAL and, within a reasonable time thereafter, O\VNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to
determine its status of completion and PROFESSIONAL will prepare a list of the items remaining
to be completed or corrected thereon before final payment. If CONTRACTOR does not object in
writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate
operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected
and will deliver such list to OWNER and CONTRACTOR together with a \\Titten recommendation
as to the division of responsibilities pending final payment between O\VNER and CONTRACTOR
with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon O\VNER and CONTRACTOR
at the time when OWNER takes over such operation (unless they shall have otherwise agreed in \\Tit-
Ing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion
of such part of the Work, OWNERshall allow CONTRACTOR reasonable access to complete or
correct items on said list and to complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior
to compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retain age subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion
thereof is complete, PROFESSIONAL will make a final inspection with O\VNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection
reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such
measures as are necessary to remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL' and OWNER and delivered in accordance with the Contract Documents all
maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence
of insurance required by 5.2, certificates of inspection, marked-up record documents and other
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documents, CONTRACTOR may make application for final payment following the procedure for
progress payments. The final Application for Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the Contract Documents, including but not limited
to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii)
complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out
of or filed in connection with the Work. In lieu of such releases or waivers ofliens and as approved
by County, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment
for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other
indebtedness connected with the Work for which OWNER or OWNER's property might in any way
be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish
such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory
to OWNER to indemnify OWNER against any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-
built documents by CONTRACTOR are accepted and appro\'ed by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary,
OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials
provider, Subcontractor, laborer or other party to ensure that payments due and owing by
CONTRACTOR to any of them are or will be made. Such parties shall rely only on
CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to
defend and resolve all claims made by Subcontractors, indemnifying O\VNERand PROFESSIONAL
for all claims arising from or resulting from Subcontractor or supplier or material men or laborer
services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and
PROFESSIONAL for any damages sustained, including lost profits, resulting from
CONTRACTOR's failure or refusal to perform the work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction
and final inspection and PROFESSIONAL's review of the final Application for Payment and
accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied
that the Work has been completed and CONTRACTOR's other obligations under the Contract
Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt
of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of
payment and present the Application to OWNER for payment. At the same time PROFESSIONAL
will also give \vritten notice to O\VNER and CONTRACTOR that the Work is acceptable subject
to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and resubmit the Application.
After the presentation to OWNER of the application and accompanying documentation, in
appropriate form and substance and with PROFESSIONAL's recommendation and notice of
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acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by
OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly
delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of PROFESSIONAL and without terminating
the Agreement, make payment of the balance due for that portion of the Work fully completed and
accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected
is less than the retainage stipulated in the Contract and if bonds have been furnished as required in
Article 5, the written consent of the surety to the payment of the balance due for that portion of the
Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL
with the application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance \vith the
Contract Documents shall be absolute. Neither recommendation of any progress or final payment
by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment
by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the .
Work or any part thereof by OWNER, nor any act of acceptance by O\VNER nor any failure to do
so, nor any review and approval of a Shop Draw'ing or sample submission, nor the issuance of a
notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of
defective Work by OWNER will constitute an acceptance of Work ilOt in accordance with the
Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance
with the Contract Documents (except as provided in paragraph 14.16).Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising
from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from
failure to comply with the Contract Documents or the terms of any special guarantees specified
therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those
previously made in writing and still unsettled.
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ARTICLE 15--SDSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than ninety days by notice in writing to CONTRACTOR and
PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension
if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of any one or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter ofthe Bankruptcy
Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any
equivalent or similar action by filing a petition or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or insolvency; .
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at
the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under
applicable law or under contract, whose appointment or authority to take charge of property of
CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of
general administration of such property for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they
become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9
as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having.
jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
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15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the
Contract Documents,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' \YTitten
notice and to the extent permitted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the
same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR
for trespass or conversion), incorporate in the Work all materials and equipment stored at the site
or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work
as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the
direct, indirect and consequential costs of completing the Work (including but not limited to fees and
charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to O\VNER. Such costs incurred by OWNER will
be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but
when exercising any rights or remedies under this paragraph, O\VNER shall not be required to obtain
the lowest price for the Work performed.
15.3. In the event O\VNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will
be the means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL,
O\VNER may, without cause and without prejudice to any other right or remedy of OWNER, elect
to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any
items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable sums for
overhead and profit on such Work;
I.
15.4.2. For expenses sustained prior to the effective date of termination in performing
services and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such
expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated
contracts \vith Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
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CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the
termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of
more than ninety calendar days by OWNER or under an order of court or other public authority, or
PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted
or O\VNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due,
then CONTRACTOR may upon seven working days written notice to OWNER and
PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or
failure within that time, terminate the Agreement and recover from O\VNER payment on the same
terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other
right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER
has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days written notice to O\VNER and PROFESSIONAL stop the
Work until payment of all such amounts due CONTRACTOR, including interest thereon. The
provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under
Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or
damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The
provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph
6.30 to carryon the Work in accordance with the progress schedule and without delay during
disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving la\vor
fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working
days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision.
All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the
amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the
claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with
the Work as directed. Any claim not presented within the time limit specified in this paragraph shall
, .
be deemed to have been wai ved, except that if the claim is of a continuing character and notice of
the claim is not given within ten (1 0) working days of its commencement, the claim will be
considered only fora period commencing ten (10) working days prior to the receipt by O\VNER of
notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR
by registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question ~etween O\VNER and
CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall
be decided under Georgia Law in the Superior Court of Richmond County, Georgia.
CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior
Court of Richmond County, Georgia, and waives any right to contest same.
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ARTICLE 17-MISCELLANEODS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written
notice, it will be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the last business address known to the giver
of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it \vill be
computed to exclude the first and include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight
shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property
because of any error, omission or act of the other party or of any of the other party's employees or
agents or others for whose acts the other party is legally liable, claim should be made in writing to
the other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph 17.3 shall not be constmed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to th~ parties hereto, and, in partic'ular but \vithout limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and
PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a
limitation of, any rights ,and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee or by other provisions ofthe
Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and
remedy to which they apply. All representations, warranties and guarantees made in the Contract
Documents will survive final. payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable
to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR
for a minimum of five (5) years from the date of final completion or termination of this Contract.
OWNER shall have the right to audit, inspect, and copy all such records and documentation as often
as OWNER deems necessary during the period of the Contract and for a period of five (5) years
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thereafter provided, however, such activity shall be conducted only during normal business hours.
OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise
inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and
supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
provision ofthe Contract Documents are inconsistent with any provision of the Prompt Pay Act this
provision of the Contract Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no
interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents
and CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any proVISiOn of these general conditions, there shall be no
substitutions of materials that are not determined to be equivalent to those indicated or required in
the contract documents without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater
to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to begilming
work. This plan will include a list of key personnel with 24-hour contact information' who \vill
respond during an emergency situation. The ERP will include estimates of mobilization time for a
response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to
the RESIDENT PROJECT REPRESENTATIVE prior to implementation.
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17.9.3 In the event bypass pumping is required to facilitate n'ew sewer construction,
bypassing plans and supporting calc~ilations must be submitted to the Augusta Utilities Department
for review prior to establishment of the bypass. All bypass systems will include complete
redundancy in pumping systems, iffailure ofthe primary pumping system could result in a discharge
of untreated wastewater to waters of the State.
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17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump
operation and maintenance if the failure of the bypass pump could result in the discharge of untreated
wastewater to waters of the State. ,
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17.9.5 In the event ofa discharge of untreated wastewater, the CONTRACTOR will take the
following actions:
18. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
19. Immediately notify the Utilities Department dispatcher (706.796.5000) and the
RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at
the preconstruct ion conference).
20. Maintain a chronicle of relevant information regarding the incident including specific
actions taken by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE \vill coordinate notification of the
Georgia Environmental Protection Division (800.241.4113) arid the Augusta Emergency
Management Agency if appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Owner,
the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the
Utilities Department will undertake necessary actions to abate an overflow situation. The cost of
these actions will be the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater; a downstream inspection will be
conducted by the Utilities Department to assess potential mitigation measures that may be required
of the CONTRACTOR.
PROGRAM lv/ANAGER:
17.10 The PROGRAM MANAGER for the project is CH2~vf HILL, 360 Bay Street, Suite
100 Augusta, GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as
onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM
MANAGER's personnel in any way responsible for those duties that belong to O\VNER and / or the
CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their
obligations, duties, and responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for coordinating and completing all portions
of the construction work in accordance with the construction Contract Documents and any health
and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise
any control over any construction contractor or other entity or their employees in connection \vith
their work or any health or safety precautions and have no duty of inspecting, noting, observing,
correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or
any other persons at the site except PROGRAM MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the constructionsite is for the purpose of
providing to OWNER a greater degree of confidence that the completed construction work will
conform generally to the construction documents and that the integrity of the design concept as
reflected in the construction documents has been implemented and preserved by the construction
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contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction
contractor(s) nor assumes responsibility for construction contractor's failure to perform work in
accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials
incorporated into the construction work, and construction contractors include manufacturers of
materials incorporated into the construction work
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SECTION
SC-O 1.
SC-02.
SC-03.
SC-04.
SC-05.
SC-06.
SC-07.
SC-08.
Scope of the Work
List of Drawings
Protection of the Environment
Record Drawings
County Acceptance
Specified Materials
Basis of Payment
Owner Supplied Material
SC-O
SECTION SC-O
INDEX TO SPECIAL CONDITIONS
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SECTION SC
SPECIAL CONDITIONS
-01.
SCOPE OF THE 'VORK:
The project referred to in the Agreement shall consist of the following major elements
or portion thereof as outlined in each contract.
The construction and installation of sanitary sewer lines, appurtenances, and property
restoration.
-02.
LIST OF DRA \VINGS:
SHEET NO.
1.
TITLE
DATE
ORIGINAL REVISED
6/29/01
6/29/01
6/29/0 I
6/29/01
2.
Cover Sheet,
Overall Access Plan
Sewer Plan
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4.
Profile & Details
-03.
PROTECTION OF THE ENVIRONMENT: '
The Contractor will carefully schedule his work so that a minimum amount of the
exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory
to the Engineer to minimize the trai1sportation of silt and other deleterious material into the stream
beds and lake below the project.
-04.
RECORD DRA \VINGS:
The Contractor will maintain in his office one complete set of drawings (including
any supplemental sketches) pertaining to the project upon which, at the end of each day's work any
deviations from the construction lines shown thereon and all changes ordered by the Engineer will
be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details
of deviations or changes, and these will be kept with the marked set. The drawings will be avai-lable
to the Engineer for inspection during construction and at the completion of construction. Prior to
submitting his estimate for final payment, as-built drawings are to be prepared and submitted by the
contractor to the engineer. ,As-built drawings shall include tap locations, invert elevations and two
tape dimensions to all structures, valves and bends.
SC-l
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-05.
COUNTY ACCEPTANCE:
Notwithstanding any other obligations of the Contractor, he shall complete the work
to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall
not relieve the Contractor of his responsibilities fat guarantees.
-06.
SPECIFIED MATERIALS:
Attention is drawn to the specification of certain brands or manufacturers of
construction materials on the drawings. Unless the phrase "or equal" appears in the specification
thereon, no substitution or deviation from the product specified will be allo\\'ed.
-07.
O\VNER SUPPLIED MATERIAL:
The Owner has already purchased the 54" ductile iron pipe and it is scheduled to be
delivered on or before August 15,2001. It will be the Contractor's responsibility to coordinate the
delivery of the pipe with American Cast Iron Pipe Company. \Vhen delivered, the Contractor \\'ill
take possession of the pipe and be responsible for unloading, stockpiling and transporting the pipe
to the jobsite.
SC-2
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SECTION TS-O
INDEX TO TECHNICAL SPECIFICATIONS
SECTION TITLE NO. OF PAGES
TS-l Clearing and Grubbing 2
TS-2 Excavating and Backfilling 5
TS-3 Sanitary Se\ver System 9
TS-4 Erosion Control Measures ..,
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TS-O
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SECTION TS-l
CLEARING AND GRUBBING
SCOPE:
Clearing and grubbing shall consist of the removal and disposal of all trees, brush,
stumps, logs, grass, weeds, roots, decayed vegetable matter, posts; fences, stubs, rubbish and all other
objectionable matter resting on or protruding through the original ground surface and occurring
within the construction limits or rights-of-way of any excavation, borrow area, or embankment.
Contractor shall review and make note of any special conditions included in the
easement agreements prior to clearing and grubbing activities.
-02.
-03.
CONSTRUCTION METHODS:
1.
CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of
trees, and the satisfactory disposal of the trees and other vegetation together with the
down timber, snags, brush and rubbish occurring within the areas to be cleared.
Trees and other vegetation, except such individual trees, groups of trees, and
vegetation, as may be indicated on the dra\vings to be left standing, and all stumps,
roots and brush in the areas to be cleared shall be cut off one foot above the original
ground surface. Individual trees and groups of trees designated to be left standing
within c1~ared areas shall be trimmed of all branches to such heights and in such
manner as may be necessary to prevent interference with the construction operations.
All limbs and branches required to be trimmed shall be neatly cut close to the whole
of the tree or to main branches, and the cuts thus made shall be painted with an
approved tree wound paint. Individual trees, groups of trees, and other vegetation,
to be left standing, shall be thoroughly protected by barriers or by such other means
as the circumstances require. Clearing operations shall be conducted so as to prevent,
damage by falling trees to trees left standing, to existing structures and installations,
and to those under constmction, and so as to provide for the safety of employees and
others.
2.
GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots
and matted roots from the site as indicated on the drawings. In foundation areas,
stumps, roots, logs or other timber, matted roots, and other debris not suitable for
foundation purposes shall be excavated to a depth of not less than 18 inches below
any subgrade, shoulder or slope. All depressions excavated below the original
ground surface for or by the removal of stumps and roots, shall be refilled with
suitable material and compacted to make the surface conform to the surrounding
ground surface.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Saw logs, pulp wood, cord wood or other merchantable timber removed incidental
to clearing and grubbing shall become the property of the Contractor and may be sold by him,
TS-l-I
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provided such disposal is otherwise In accordance with these specifications. All incombustible
matter removed shall be hauled away and deposited at locations approved by the Engineer.
Combustible matter may be burned or may be disposed of as stated above. Burning shall be done
at such time and such manner as to prevent fire from spreading and to prevent any damage to
adjacent cover and shall further be subject to all requirements of State and Federal Governments
pertaining to the burning. No burning will be allowed on the site unless all fires are kept under
constant attendance by persons having equipment necessary to prevent the spreading of fire. Such
equipment shall include, at the minimum, a bulldozer or front end loader, and an approved pump and
hose connected to an acceptable source of water. Disposal by burning shall be kept under constant
attendance until all fires have burned out or have been extinguished.
-04.
MEASUREMENT AND PAYMENT:
. Payment shall be made according to the lump sum price as shown in the bid schedule
for Lump Sum Construction.
TS-1-2
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SECTION TS-2
EXCA VA TION AND BACKFILLING
-01.
SCOPE:
This section covers all excavation, trenching and backfilling for pipe lines, complete.
-02.
EXISTING IMPROVEMENTS:
The Contractor shall maintain in operating condition and protect from damage all
existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone
lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the
satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the
course of the work. Where and if shown on the plans, the locations and existence or nonexistence
of underground utilities are not guaranteed. The Contractor shall contact the various utility
companies to determine and/or verify such information prior to proceeding with the work. He shall
make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives,
walkways and at street crossings and if necessary to provide temporary walkways and bridges for
crossing of the open trench as directed. Work shall not commence within Augusta right-of-way until
a Right-of-Way Encroachment Permit is obtained from the Public Works Department.
-03.
EXCAVATION:
All excavation of every description and of whatever substances encountered shall be
performed to the depths indicated on the drawings or as specified herein. Excavation shall be made
by the open cut method except as otherwise specified or shown on the drawings. Excavation
methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA)
constr\lction industry standards.
All excavated materials not required for fill or backfill shall be removed and wasted
as directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and where
required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms
shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the
pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 12
inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately
. graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at
every point along its entire length, except for portions of the pipe sections where it is necessary to
excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the
trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit
accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will
rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be
TS-2-1
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made in accordance with the recommendations of the joint maiH.lfacturers for the particular joint
used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches
in the clear between their outer surfaces and the embankment or timber which may be used tohold
the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting
will be ordered to be left in place; Except at locations where excavation of rock from the bottoms
of trenches is required, care shall be taken not to excavate belO\v the depths indicated. Where rock
excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the
normal required trench depth. The overdepth rock excavation and all excess trench excavation shall
be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials \vhich are
so hard or cemented that the excavation of such material requires blasting. The excavation shall
proceed in a conventional manner with satisfactory effort made to remove hard materials before the
Engineer makes a determination of need for blasting. Predrilling and blasting \"ill be allowed, if the
Contractor can provide evidence for the Engineer's review that boring logs can and will show that
the material can or cannot be excavated. Evidence will be provided for the Engineer's review and
approval before predrilling and blasting is undertaken. The excavation and removal of isolated
boulders or rock fragments larger than one cubic yard in volume encountered in materials of
common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil
that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the
drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the
lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein
specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under
structures will not be permitted and any unauthorized excess excavation below the levels indicated
for the foundation of such structures shall be filled with sand, gravel, or concrete, as directed.
A. Grading and Stacking: All grading in the vicinity of trench excavation shall be
controlled to prevent surface ground water from flowing into the trenches. Any
water accumulated in the trenches shall be removed by pumping or by other
approved methods. During excavation, material suitable for backfilling shall be
stored in an orderly manner a minimum distance of one and one-half times the depth
of the excavation back from the edges of trenches to avoid overloading and prevent
slides or cave-ins. Material unsuitable for backfilling, as determined by the
Engineer, shall be removed from the job site and disposed of by the Contractor in a
manner as approved by the Engineer.
. B. Shoring and Sheeting: All shoring, sheeting, and bracing required to perform and
protect the excavation and to safeguard employees and the public shall be performed.
The failure of the Engineer to direct the placing of such protection shall not relieve
the Contractor of his responsibility for damage resulti'ng from its omission.
Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that
portion of the sheeting below the elevation of the top of the pipe shall not be
disturbed or removed. Sheeting left in place shall be cut off not less than 1 foot
below finished grade. No sheeting shall be removed until the excavation is
substantially backfilled as hereinafter specified.
TS-2-2
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C.
Water Removal: Where water is encountered, it 'shall be prevented from
accumulating in excavated areas by pumping, well-pointing and pumping, or by other
means approved by the Engineer as to capacity and effectiveness. Water removed
from excavations shall be discharged at points where it will not cause injury to public
or private property, or the work completed or in progress. All efforts to prevent
sedimentation shall be made. Under no circumstances shall trench bottoms be
prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed
to rise in unbackfilled excavations after pipe or structures have been placed.
D.
Blasting: Explosives are to used only within legal limitations. Before explosives are
used, all necessary permits for this work shall be secured and all precautions taken
in the blasting operations to prevent damage to private or public property or to
persons. The Contractor shall assume full liability for any damage that may occur
during the use of explosives. No blast shall be set off within 50 feet of pipe already
laid ,in the trench.
Tree Protection: Care shall be exercised to protect the roots of trees to be left
standing. Within the branch spread of the tree, trench shall be opened only when the
work can be installed immediately. Injured roots shall be pruned cleanly and backfill
placed as soon as possible.
BACKFILLING:
Trenches and other excavations shall not be backfilled until all required tests are
performed and the work has been approved by the Engineer. The trenches shall be carefully
backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy
clay, sand and gravel, soft shale, or other approved materials. No material shall be used for
backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or
pavement, or other hard materials having any dimension greater than 4 inches; or large clods of
earth, debris, frozen earth or earth with an exceptionally high void content. Backfilling within
Augusta right-of-way shall conform to Georgia Department of Transportation and City of Augusta
specifications.
For backfill up to a level! foot over the top of pressure pipelines and 2 feet above
the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely
divided material free from debris, organic material and stone, and may be suitable job excavated
material or shall be provided by the Contractor from other sources. The backfill shall be placed in
uniform layers not exceeding 8 inches in depth. Each layer shall be moistened and carefully and
uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and
tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of
voids or lateral displacement.
The remainder of the backfill material shall then be placed and compacted above the
level specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers and
TS-2-3
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each layer moistened and compacted to a density approximating tHat of the surrounding earth. Under
roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to
traffic, the backfill shall be placed in 8 inch layers and each layer moistened and compacted to
density at least equal to that of the surrounding earth so that traffic can be resumed immediately after
backfilling is completed. Any trenches which are improperly backfilled, or where settlement occurs,
shall be reopened to the depth required for proper compaction, then refilled and compacted with the
surface restored to the required grade compaction. Along all portions of the trenches not located
in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the
trenches left in a neat condition satisfactory to the Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling
progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left
by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the
opinion of the Engineer, damage is liable to result from withdrawing sheeting. the sheeting will be
ordered to be left in place.
-05.
BORING AND JACKING:
Where required by the drawings, the pipeline will be installed in a steel casing, placed
by boring and jacking. Where boring is required under highways, the materials and workmanship
will be in accordance with the standards of the Georgia Department of Transportation or local
authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. standards and
those of the railroad involved. The steel casing shall be in accordance with ASTM A252 to the
thicknesses shown on the drawings.
-06.
PAVEMENT REMOVAL AND REPLACEMENT:
Where necessary existing pavements shall be removed and replaced, the applicable
specifications of the Georgia Department of Transportation or local authority shall govern this work.
Joints shall be sawed, unless joints equally uniform in the opinion of the Engineer result from other
means. Refer to Augusta-Richmond Comity Right-of- \Vay Encroachment Guidelines for pavement
removal and replacement.
-07.
MEASUREMENT AND PAYMENT:
Excavation and backfilling for pipelines and appurtenances, except as hereinafter
provided for, will be considered as incidental to the construction of the various elements of the
installation it is associated with, and no separate payment will be made therefor.
When made at the direction of Engineer, rock excavation and backfill to compensate
for rock will be made at the unit contract price for trench rock excavation per cubic yard measured
in place.
TS-2-4
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When made at the direction of the Engineer, overcut and backfill to compensate for
inadequate foundation will be paid for at the unit contract price for overcut and suitable backfill per
cubic yard measured in place.
When made at the direction of Engineer, select backfill to compensate for inadequate
on-site material will be paid for at the unit contract price for select backfill, per cubic yard, measured
in place.
TS-2-5
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-01.
-02.
-03.
'.~, .-,' SECTION TS-3
SANITARY SEWER SYSTEM
SCOPE:
This section covers the installation of the sani tary se\ver lines, complete.
MA TERIALS:
1.
Ductile Iron Pipe: The pipe required for this project will be supplied by the Owner,
see Special Conditions.
2.
All other materials required for a complete installation of this project shall be
supplied by the Contractor.
CONSTRUCTION:
1.
Installation
Authorization must be obtained from the Augusta Utilities Department to construct,
alter or modify a sanitary sewer line. Construction of sewer infrastructure will be
authorized by the Utilities Department upon approval of submitted plans and
notification of the Augusta Utilities Department at least 24 hours prior to starting
construction (706-772-5503). Where water lines will encroach public right-of-way,
a Right-of-Way Encroachment Permit approved by the Public Works Department is
required prior to construction. A Right-of- Way Encroachment Permit application is
available through the Public Works Department (706-821-1706).
Installation of sanitary sewer pipe and associated appurtenances shall be in
accordance with current ASTM specifications and manufacturer's requirements for
the specific product. Loading or unloading and storage of pipe, fittings, valves, etc.
shall be done such that to avoid damage. All pipe shall be carefully examined before
it is installed in the trench. Damaged pipe or pipe which does not meet specification
requirements shall be rejected and removed from the \vork site. The interior of all
pipe, fittings, valves, etc. shall be kept free of dil1 and foreign matter at all times. All
piping shall be placed in a dry trench with a stable bottom. Wet trench installation
shall be allowed only upon written approval of the Utilities Director.
Backfill shall be free of boulders and debris, and shall conform to Georgia
Department of Transportation Specifications. Sharp or rocky material encountered
in the base shall be replaced with proper bedding. Pipe shall be laid on line and
grade as designed. Pipe joints, gravity blocks, service connections, and conflicts
shall be left exposed until visually inspected and approved by the Augusta Utilities
TS-3-1
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All concrete cradles, saddles, or encasements shali be installed as shown on the plans.
These structures shall be constructed in strict accordance to the details shown on the
plans. Concrete shall have a 28 day compressive strength of 3,000 psi when tested
in accordance with ASTM Specification C-39.
All manholes indicated on the plans shall be furnished and installed by the Contractor
in strict accordance with the plans. The invert channels shall be smooth and
accurately shaped to the semicircular bottom confonning to the inside of the adjacent
sewer sections as shown on the plans. Changes in direction of the sewer and entering
branches shall have as long a radius of the true curvature as the size of the manhole
will permit.
The top of manholes shall be topped out with brick. as indicated on the plans. The
number of courses will depend on the required elevation of the top of the manhole.
The maximum number of brick courses allowed shall be three (3).
New sewer lines shall be inspected through use of camera inspection equipment with
an Augusta Utilities Department Inspector at the time of installation and again before
the one-year warranty expires. The Developer is to provide the Augusta Utilities
Department with a color VHS system videotape of the inside of every reach of
sanitary sewer installed. The tape shall record manhole number to manhole number,
date of recording, and distance from start of run. The tape shall include a distance
and location description of every service line connection installed. The manhole
numbering system shall be the same as shown on the approved development plans.
A. Installation:
(1) Sewer Pipe Laying: The pipe shall be laid with bell or groove end
upgrade, Pipe shall be tested for soundness, clear interior and
satisfactory joint surfaces before lowering the pipe into the trench.
Pipe shall be laid in straight lines and on uniform grades between
points where changes in alignment or grade are shown. The pipe
barrel shall be uniformly bedded. The line and invert grade of each
pipe shall be checked from a top line carried on batter boards not over
25 feet apart or by use of a laser beam target inserted in each joint.
Pipes shall be laid to form a smooth, uniform invert. A stopper shall
be installed in the pipe mouth when pipe laying is not in progress.
pve gravity sewer pipe and force main shall be installed in
accordance to ASTM D2321, latest version. Ductile iron force main
shall be installed in accordance with A WW A C600, latest version.
TS-3-2
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(3)
(2)
BackfilHng Around Pipe: As sooii as the joint material has set, fine
earth shall be carefully tamped around each joint, and around and
over the pipe to a depth of at least 2 feet above the top of gravity
pipelines. In addition, all PVC sewer pipe shall be bedded in selected
material from the pipe centerline down to a point 3 to 6 inches below
the pipe invert. Selected materials for this purpose shall be Class I or
II soils as specified in ASTM D2321. Reconstruction of any roadway
section or right-of-way shall be in accordance with the Georgia
Department of Transportation and City of Augusta Specifications.
Sewer Structures: Appurtenant sewer structures shall be constructed
according to one or more of the follO\ving methods:
(i) Masonry: Brick for manholes and other sewer structures shall
be laid with shove joints completely filled \vith mortar.
Horizontal joints shall not exceed 1/2 inch, vertical joints 1/4
inch on their interior face. In circular structures, all brick
shall be laid as header with joints broken between courses.
Interior joints shall be struck or \viped smooth with the face
of the wall. The exterior of sanitary sewer manholes shall be
plastered to a thickness of at least 1/2 inch.
(ii) Laving Brick and Concrete Block Work: Only clean brick or
block shall be used. The brick or block shall be moistened by
suitable means, as directed, until they are neither so dryas to
absorb water from the mortar, nor so wet as to be slippery
when laid.
Each brick or block shall be laid in a full bed and joint of
mortar without repairing subsequent grouting, flushing, or
filling, and shall be thoroughly bonded as directed.
(iii) Plastering and Curing Brick or Block Masonrv: Outside faces
of masonry shall be plastered with mortar from 1/4 inch to 3/8
inch thick. If required, the masonry shall qe properly
moistened pri'or to application of the mortar. The plaster shall
be carefully spread and tro\',:eled so that all cracks are
thoroughly worked out. After hardening, the plaster shall be
carefully checked by being tapped for bond and soundness.
Unbonded or unsound plaster shall be removed and replaced.
Masonry and plaster shall be protected from too rapid drying
by the use of burlap kept moist, or by other approved means,
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and shall be protected from the weather and frost, all as
required.
(iv) Manhole Inverts: Manhoie flow' channels shall be constructed
of concrete, sewer pipe, brick or precast, and shall be of
semicircular section. Each manhole shall be provided with
such channels for all connecting sewers,
The inverts shall conform accurately to the size of the
adjoining pipes. Side inverts shall be curved and main im'erts
(where direction changes) shall be laid out in smooth curves
of the longest possible radius which is tangent to the
centerlines of adjoining se\\/ers,
(v) Droo Manholes: Drop inlets shall be provided into manholes
on sanitary sewers for incoming lines having inverts 2 feet or
more above the inverts of the manhole outlet lines. Drop pipe
and fittings shall be encased in masonry integral with the
manhole and extending from the mai1hole base to the top of
the incoming sewer. Diameter of drop manholes to be four
feet at a minimum.
(vi) Setting Manhole Frames and Covers: Manhole frames shall
be set with the tops conforming accurately to the grade of the
pavement or finished concentric \vith the top of the masonry
and in a full bed of mortar so .that the space between the top
of the manhole masonry and the bottom flange of the frame
shall be completely filled and made watertight. A thick ring
of mortar extending to the outer edge of the masonry shall be
placed all around the bottom flange. The mortar shall be
smoothly finished to be flush \vith the top of the flange and
have a slight slope to shed \vater away from the frame.
Manhole covers shall be left in place in the frames on
completion of other work at the manholes.
(vii) Setting Precast Manholes Sections: Precast-reinforced
concrete manhole sections shall be set so as to be vertical and
with sections and steps in true alignment.
All holes in sections, llsed for their handling, shall be
thoroughly plugged with mortar. The mortar shall be 1 part
cement to I 1/2 parts sand; mixed slightly damp to the touch
until iris dense and an excess of paste appears on the surface;
and then finished smooth and flush with adjoining surfaces.
TS-3-4
Bulkheads and Flushing: The contractor shall build a tight bulkhead
in the pipeline where new work enters an existing sewer. ' The
bulkhead shall remain in place until its removal is authorized by the
Engineer.
Care shall be taken to prevent earth, water and other materials from
entering the pipe, and when pipe laying operations are'suspended, the
Contractor shall maintain a suitable stopper in the end of the pipe and
. also at openings for manholes. All sanitary sewer, except building
connections shall be flushed with water in sufficient volume to obtain
free flow through each line. All obstructions shall be removed and all
defects corrected. As soon as possible after the pipe and manholes
are completed on any line, the Contractor shall flush out the pipeline
using a rubber ball ahead of the water. 'None of the flushing water or
debris shall be permitted to enter any existing sewer.
Temporary Plugs: At all times when pipe laying is not actually in
. progress, the open ends of the pipe shall be closed by temporary
watertight plugs or by other approved means. Ifwater is in the trench
when work is resumed, the plug shall not be removed until all danger
of water entering the pipe has passed,
Joints and Stmcture Rightness: All pipe joints shall be made as
nearly watertight as practicable. There shall be no visible leakage at
the joints and there shall be no sand, silt, clay, or soil of any
description entering the pipelines at the joints.
Leaks in the pipelines which cause infiltration or exfiltration to
exceed limits herein specified shall be repaired by replacing defective
pipe. Grouting and/or caulking to repair pipelines where excessive
infiltration or exfiltration is evident will not be permitted.
Fittings and Stoppers: Branches and fittings shall be laid by the
Contractor as indicated on the drawings and/or as directed by the
Engineer. Open ends of pipe and branches shall be closed with
premolded gasket joint stoppers which conform 'vvith the same
requirements as pipe being used.
. Sewer Line Relation to Water Lines: Sewer lines and sewer force
mains in relation to water lines shall conform to "Ten States
Standard" Section 29.3 at a minimum. Sewer lines shall have at least
a 10 foot pipe-to-pipe horizontal separation from known or proposed
TS-3-5
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water mains. When a sewer crosses under a water main, there shall
be at least 18 inches from the cro\~n of the sewer line to the bottom
of the water main.
In all cases where adequate vertical separation as stated above cannot
be achieved (or whenever sewer lines must be installed to cross above
a water main), both the water and sewer lines shall be constructed of
ductile iron pipe a distance of 10 feet on each side of their
intersection with one full length of water main centered on the sewer
line.
(9) Minimum Cover for Sewer Lines: Gravity sewer lines shall have a
minimum of 3 feet of cover at the crown of the pipe. In cases where
this minimum cover cannot be achieved, ductile iron pipe shall be
used.
(10) Detectable Tape: Detectable tape as manufactured by Reeflndustries
of Houston, Texas, or equal shall be installed during the backfill
operation at a point 1 foot below the final finished grade.
The detectable tape shall be a 5.5 mil composition film containing
one layer of metalized foil laminate between two layers of inert
plastic film specifically formulated for prolonged use underground.
The tape shall be highly resistant to alkalis, acids and other
destructive agents found in the soils.
The detectable tape shall bear a continuous printed message "Caution
Sanitary Sewer Line Buried Below." The message shall be printed in
permanent ink formulated for prolonged use underground. Letters
shall be clearly legible and have a minil'num height of 1.2 inches.
(11) 'Boring and Jacking: \Vhere required by the drawings, the sanitary
sewer line will be installed in a steel casing, placed by boring and
jacking.
Where boring is required under highways, the materials and
\vorkmanship will be in accordance with the standards of the Georgia
Department of Transportation or local authority.
Boring and jacking under railroads \vill be governed by the latest
A.R.E;A. Standards, Part 5, "Pipelines" and those of the railroad
involved.
TS-3-6
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(i) Casing Pipe: The casing pipe shall conform to the materials
~tandards of ASTM Desighation A252, with minimum wall
thickness of 0.219 inch. Steel pipe will have a minimum
yield strength of 35,000 psi. Casing pipe shall be joined
together with welded joints.
(ii) Carrier Pipe: The carner pIpe shall be ductile Iron as
specified herein.
(iii) Installation: The steel casing shall be installed by the "Dry
Bore and Jack" method. Ifvoids develop or if the bored hole
diameter is greater than the outside diameter of pipe by more
than approximately 1 inch, remedial measures will be taken
as approved by the Engineer.
When installing water lines through casing, the Contractor
shall mechanical joint pipe with retainer glands throughout
the length of the casing. The sanitary sewer line shall be
strapped to treated wooden skids with metal straps throughout
the length of the casing. The empty space shall then be filled
. with sand and the ends of the casing shall be sealed with
brick and mortar.
(12) Force Main Installation: In general, sewer force main must be
installed in accordance with the water distribution system
specifications.
Polyvinyl chloride (PVC) force main must conform to ASTM D-
2241, latest version.
Ductile iron force main must conform to ASTM A-377, latest
verSlOn.
(13) Removal and Replacement of Existing Pipe and Equipment: where
indicated on the drawings or required to properly place the \York
, under this contract, as approved by the Engineer, the Contractor shall
remove and replace such pipe lines and equipment in a manner as
approved by the Engineer.
Inspection Infiltration/exfiltration Leakage Tests:
Upon completion of a section of the sewer, the Contractor shall dewater it
and conduct a satisfactory test to measure the infiltration or exfiltration for.
TS-3-7
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at least three, consecutive days. The amount of infiltration including flY"
branches, ahd connections shall not exceed i 00 gallons per inch diameter per
mile of sewer pipe per 24 hours for gravity sewer pipe. The amount of 50
gallons per inch diameter per mile of sew'er per 24 hours shall not be
exceeded for ductile iron pipe. The Contractor shall be responsible for the
satisfactory watertightness of the entire section of sewer.
As required, suitable bulkheads shall be installed to permit the test of the
sewer. Where the ground water level is less than 1 foot above the top of the
pipe at its upper end, or as directed by the Engineer, the sewer shall be
subjected to exfiltration testing by plugging the pipe at the lower end and
then filling the pipelines and manholes with clean water to a height 4 feet
above the top of the sewer at its upper end. The leakage out of the sewer,
measured by the volume of the \vater necessary to maintain meter level in the
highest manhole, shall not exceed 200 gallons per inch diameter per 24 hours
per mile of sewer for gravity sewer pipe. The amount of 50 gallons per inch
diameter per 24 hours per mile of sewer shall not be exceeded for ducti Ie iron
pipe.
The sewer shall be tested before any connections are made to buildings or to
active sewers.
The Contractor shall construct such weirs and bulkheads as may be required,
shall furnish all water, labor, test plugs, power, pumps, meters, and other
equipment necessary for the test to be properly made.
The Contractor may use a low pressure air test as an option to the hydraulic
infiltration/exfiltration leakage test for gravity lines provided the Contractor
established a correlation between the air test results and the quantity of
infiltration/exfiltration actually being experienced by the line and the
allowable air pressure drop shall be that corresponding to the allowable
hydraulic leakage specified previously in this section. Such a correlation is
to be established according to a procedure satisfactory to the Engineer. The
low pressure air test shall be performed in accordance with the applicable
sections of the Uni-BellUNI-B-6-90, latest version.
If the Contractor opts to use the low pressure air test, leakage tests on
manholes shall be conducted independently of the lines by using a hydraulic
infiltration/exfiltration test as directed by the Engineer. The allowable
infiltration into the manhole over a 24 hour period is zero and the allowable
exfiltration is also zero when tested by plugging off the manhole and filling
it with water four feet above the top of the se\ver and measuring the water
loss over a 24 hour period.
TS-3-8
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-04.
MEASUREMENT AND PAYMENT:
Payment will be made at the unit contract price as shown in the bid schedule for 54"
DIP Sanitary Sewer. Payment will be for all labor, material and equipment necessary to install the
owner supplied pipe.
Measurement of pipelines shall be the actual number of linear feet of pipe installed,
complete in place and accepted. No deductions in length will be made for manholes.
Concrete encasement, if directed by Engineer, will be paid for at the unit contract
price, for concrete encasement of per cubic yard, measured in place.
No separate payment will be made for any special fittings, tie-ins, or connections,
nor will any separate payment be made for the specified sewer pipe bedding.
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-01.
SECTION TS-4
EROSION CONTROL MEASURES
GENERAL:
This section covers erosion control measures required on the job as shown on the
plans. These measures are minimum requirements and may be augmented by the Engineer ifpositive
control is not established.
-02.
CONSTRUCTION SCHEDULE:
The initial construction on the site is tentatively scheduled to begin on or about
August, 2001. Final stabilization of the soils should be obtained by September, 2001.
-03.
EROSION AND SEDIj\IENT CONTROL PLAN:
The following steps for reducing erosion and containing sediment are recommended
for use during construction, and until the earth areas can be stabilized with vegetation.
-04.
5.
GENERAL PROCEDURES:
1.
Earth areas which are not to be paved shall be grassed at the earliest possible time
during the construction phase, so as to minimize exposure to rainfall and run-off.
2.
Temporary berms, wherever possible, should be constructed at the end of each day
of grading, in order to contain sediment and slow down erosion in the cut and fill
areas, should rainfall occur during the night. Berms shall also be constructed, where
needed, to prevent sediment from being transported onto areas outside the actual
construction limits.
.,
,).
Silt and erosion barriers of the type which tend to filter suspended solids from the
water flowing through them shall be employed to the extent necessary to contain
most of the \vater-borne silt. Examples of this type of barrier include "silt" fence,
windrows of limbs and laps, arid stone or rubble riprap.
4.
Erosion due to wind is not likely to be of concern on this project, considering the
types of soils expected and the strip-like geometry of construction areas. Howe\'er,
wherever possible, trees or groups of trees and bushes should be left standing to
serve as windbreaks.
Sediment basins shall be constructed if shown on plans and removed when final
stabilization is attained.
TS-4-1
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-05.
ELEMENTS OF THE PLAN:
The plans for the prevention of erosion and sedimentation for this site are depicted
on the Soil Erosion and Sediment Control Plan sheet of the plans. The elements of the plan are
discussed as follows, and are listed in chronological order, as far as is practical. The construction
activities should proceed in the order listed.
I. Install construction entrances as required.
2. Remove all marketable timber from the rights-of-way, the utility easements. the
designated fill areas; and other areas to be cleared.
3. Begin clearing and grubbing operations in the vicinit)' of the hay dams shown on the
drawings. Immediately after the area has been cleared for their placement, install
dams and bernis consisting of hay or straw bales or limbs and laps as directed, to be
silt barriers as shown on the drawings. Care should be taken not to clear and grub
beyond the construction limit.
4. As grading operations commence, the topsoil shall be stripped and stockpiled in
mounds surrounded by berms, As mentioned above, berms or windro\\'s should be
constructed each afternoon at approximately 100 foot intervals across the graded
areas, except in the low-lying areas of the project. This action will tend to check
erosion should rainfall be experienced during the night.
5. Construction on the sanitary and storm sewer lines should be commenced as soon as
grading operations have been substantially completed, The disturbed strip along each
line which is located outside of a street right-of-w'ay should be grassed immediately
upon the completion of trench backfilling, as described below.
6. A graded depression around each catch basin on the site should be used to contain
sediment during construction. A ring of hay or straw bales, or silt fencing, secured
to the ground by mean of.two No.3 reinforcement bars or other suitable anchoring
method, should be installed around each catch basin site as soon as the drainage pipes
have been laid. These should be spaced leaving a gap of approximately three inches
between each bale where hay is used.
7. As soon as the graded areas which are not to be paved, to be built upon, or receive
underground utilities have been brought.to final grade, three or four inches of topsoil
shall be spread over these areas. Grassing operations should be begun immediately,
as described in the grassing specifications. Roadway shoulders and slopes should
receive a similar treatment as soon as the installation of the utilities has ended.
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8.
All grassing will be performed in accordance With the section of the specifications
entitled "Grassing". Should seasonal limitations prevent the establishment of the
permanent grass cover, the area to be grassed shall be covered with temporary grass
cover; then the permanent grass will be established as soon as its growing season is .
reached.
9.
The hay bale dams and silt fencing described above should not be removed until the
surrounding pavement base material has been placed and is ready for priming,
10.
All silt retention basins, traps, barriers, etc., should be inspected daily and cleaned
at least weekly.
11.
All work shall be in accordance with good grading practice and shall conform to
accepted practices in Erosion Control.
-06.
MEASUREMENT AND PAYMENT:
Payment shall be made according to the lump sum price as shown in the Bid Schedule
for Lump Sum Construction.
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