HomeMy WebLinkAboutSherwood Drive Area Sanitary Sewer Improvements
Augusta Richmond GA
DOCUMENT NAME: ';;) \\- Bit \.UOOt:. 1:>1<.'\1 E> fk~ e A S fl ~;i ~R 'f ~ Ewe~
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DOCUMENT TYPE: c.t>tJ r~A c T
YEAR: d... D 0 ~
BOX NUMBER: I to
FILE NUMBER: } lo 30 C1
NUMBER OF PAGES:
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SPECIFICA nONS
AND
CONTRACT DOCUMENTS
FOR
SHER.WOOD DRIVE AREA
SANITARY SEWER IMPROVEMENTS
PROJECT NO. 50035
prepared for
AUGUSTA - RICHMOND COUNTY COMMISSION
Augusta, Georgia
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SSOCIA TES
Consulting Civil Engineering
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November 2001
8/ l,il2~C2 3: 11 PM'
9,17068681855
902 ..
ACORQ.. CERTIFICATE OF LIABILITY INSURANCE ,. DATE (MMlDDIVY)
08/14/2002
PRODUCER (770)246-8300 FAX (770)246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sutter, Mclellan & Gilbreath, Inc. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
N~rcross, GA 30092~2205 INSURERS AFFORDING COVERAGE .'
Attn: linda Mitchell, CIC
INSURED Bl air Const ruct i on, Inc. INSURER A: FCCI Insurance Group
P.O. Box 770 INSURER B: Atlantic Mutual Insurance Co.
Evans, GA 30809 INSURER C:
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSU~CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
[IRSI{ 1YPE OF INSURANCE POLICY NUMBER -DA~ IMMlDOiYYi' L1Mrrs
LTR DATE lMMID[
GENERAL LIABILIlY ~PPCGlOI00018850 02/14/2002 02/14/2003 EACH OCCURRENCE $ 1. 000. 00<i
- 50,OOC
X COMMERCIAL GENERAL LIA8!JTY FIRE DAMAGE (Arry one fire) $
I CLAIMS MADE [.!J OCCU~ MED EX? (Arry one person) $ 5,000
A PERSONAL & ADV INJURY $ 1.000 000
GENERAL AGGREGATE $ 2,000,000
- 2,000 000
GEN'L AGGREGATE WMIT APPLIES PER: PRODUCTS-COMPIOPAGG $
I POLICY n ~8-r nLOC
~OMOBILE LIABIUTY ~PPCAU0100018850 02/14/2002 02/14/2003 COMBINED SNGLE LIMIT $
X Am AUTO (Ea accident) 1,000,00(]
- -
- ALL OWNED AUTOS' BODILY INJURY
(Per person) $
SCHEDUlED AUTOS
A -
X HIRED AUTOS ..
- BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
~
~ PROPERTY DAMAGE $
(Per accident)
GARAGE LIAS/lIlY AUTO ONLY - EA ACCIDENT $
R Am AUTO OTHER THAN EA ACC $
AUTO ONLY: -
AGG $
EXCESS LIABILIlY UMBOI000019236 02/14/2002 02/14/2003 EACH OCCURRENCE $ 2.000,000
o OCCUR 0 CLAIMS MADE AGGREGATE $ 2,000,000
A - - .- .. _. ,- -. $
R DEDUCTIBLE $
RETENTION $ $
WORKERSCOMPENSAnONANO 001WC02AS0790 02/14/2002 02/14/2003 X I TORY LIMITS I 1 udRH-
EMPLOYERS' LIABILITY EL EACH ACCtOENT $ 500 000
A
EL DISEASE. EA EMPLOYEE $ 500,000
EL DISEASE - POLICY LMT $ 500 000
OTHER 259021525 02/14/2002 02/14/2003 $250,000 per item/max limit
leased/Rented
B Equipment $1,000 per claim ded.
If.ESCRIPTlON OF OPERATlONSllOCAnONSNEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAI.. PROVISIONS GA Amount$398,846.79
roject: Sherwood Drive Area Sanitary Sewer Improvements, Augusta-richmond
CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETrER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRlBEO POLICIES BE CANcaLEO BEFORE THE
EXPIRATION OATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAlL
--12- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIlY
Room 605 Municipal Bu'p ding OF ANY KIND UPON THE COMPANY, rrs AGENTS OR REPRESENTATIVES.
Augusta, GA 30911 AUTHORIZED REPRESENTATIVE ~-k C J-r--
Mark Javnes CSP/lINDAM
ACORD 25-5 (7/97)
@ACORDCORPORATION1988
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INDEX FOR CONTRACT DOCUMENTS
Title
Index
Invitation for Bids
Instruction to Bidders
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental General Conditions
Pages
1-1
B-1
m-l to m-3
P-l to P-4
BB-l to BB-2
A-I to A-3
PFB-l to PFB-2
PB-l to PB-2
GC-! to GC-54
SGC - ! to SGC - 5
Technical Specifications:
Section A - Trench Excavation and Backfill
Section B - Sanitary Sewer System
A-I to A-4
B-1 to B-8
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INVITATION FORBIDS
SEALED BIDS for the construction of approximately 11,000 linear feet of 8 inch diameter pipe, for
sanitary sewer and appurtenances, hereinafter referred to by project name:
SHERWOOD DRIVE AREA
SANITARY SEWER lMPROVEMENT
PROJECf NO. 50035
will be received by:
Augusta-Richmond County Commission
Hereinafter referred to as the OWNER at the offices of
Geri A. Sams
The Augusta-Richmond Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
Until 3:00 P.M. on the _ day of _, ~at which time all bids will be publicly opened and read in
the presence of those interested.
Copies of the Contract Documents may be examined during regular business hours at the offices of:
Augusta-Richmond Purchasing Department
530 Greene Street, Room 605
Augusta, Georgia 30911
Copies may be obtained at the office of Augusta-Richmond Purchasing Dept. upon payment of
$100.00 (NON-RETURNABLE) for each set.
A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's
qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award.
The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item Number on the outside of the envelope.
It is the wish of the Owner that minority business be given the opportunity to bid on the various parts
of the work. This desire on the part of Owner is not intended to restrict or limit competitive bidding or
to increase the cost of the work. The Owner supports a healthy free market system that seeks to
include responsible businesses and provide ample opportunity for business growth and development.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
B-1
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SECTION m
INSTRUCTION TO BIDDERS
m-Ol 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.
m-02 EXAMlNATION 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 ernployee of the Owner, either before or after the execution of the contract, shall affect or modify any
of the terms or obligations therein.
m-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 Geri A Sams, Director
of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911, and to be given
consideration rnust 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 rnail 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 addendurn 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.
ffi-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and rnust 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.
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
rnay 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.
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Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the finn 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 lill cases.
ffi-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 perfonnance 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 cornparing 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.
ffi-06 BIDDER'S OUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that
he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate
envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equiprnent, and his experience and general qualifications. The Owner may make
such investigations as are deemed necessary to detennine 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 cornplete
the work conternplated therein. Part of the evidence required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for which the bidder has done similar work.
ffi-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 hannless from all cost and charges that rnay accrue on account
of the doing of the work specified, and for cornpliance 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 rnust file with each COpy thereof a certified and effectively
dated copy of the power of attorney.
ffi-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be rnade 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 subrnitted if such action is deemed to be in
the best interest of the Owner.
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IB-09 PROGRAM MANAGER
CH2M IDLL is Program Mangager for Project. Address is 360 Bay Street, Suite 100, Augusta,
Georgia 30901.
MINORITY AND ECONOM1CALL Y DlSADV ANT AGED BUSlNESS 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 all qualified firms. The bids will
be evaluated based on qualifications, price and construction time. With all other items being considered equal,
the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has
included such firms as subcontractors on this project.
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 economica1ly disadvantaged firm.
If the firm does not fall into this category, no information is necessary.
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PROPOSAL
For
SHERWOOD DRIVE
Sanitary Sewer Improvements
Project No. 50035
, The Augusta-Richmond County Commission
Municipal Building
Augusta, Georgia 30911
Gentlemen:
The Undersigned, as bidder, herein referred to a singular and masculine, declares as
follows:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents;
3. He understands that information relative to existing structures and
underground utilities as furilished to him on the dIawings, the Contract
Documents or by the Augusta Utilities Department, carries no guarantee
expressed or implied, as to its completeness or accuracy and he has made due
allowances therefore;
4. He has made a personal examination. of the site of the proposed work and has
satisfied himself as to the actual conditions and requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted he will contract with
the Augusta-Richmond County Commission Georgia, to furnish all machinery,
tools, apparatus and other means of constuction and to do all work and furnish
materials called for in accordance with the requirements of the Director of the
Augusta Utilities Department and the true intent of the Contract Documents and
that he will take in full payment for each item of work, thereof, the unit or lump sum
price applicable to that item as stated in the schedule below.
(NOTE: Bidders must bid on each item.)
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ADD ~NPu()14 1
Augusta Utilities Department
N. Max Hicks, P.E., Director
Engineering and Construction Division
360 Bay Street, Suite 180
Augusta, Georgia 30901
(706) 312-4132 Fax (706) 312-4133
Douglas A. Cheek, P.E., Assistant Director
MEMORANDUM
TO:
Geri Sams, Director of Purchasing
FROM:
J. R. Holland, Construction Manager
DATE:
April 25, 2002
SUBJECT: Time Extension Request for Project 50035, Bid Item 02-105, Sherwood Drive Sanitary
Sewer
Augusta Utilities Department is requesting a time extension from May 8, 2002 at 11 :00 AM to June
12,2002 at 3:00 PM. The justifications for the time extension are as follows:
· Due to concerns by property owners in the project perimeter regarding off-site work activities,
it has become necessary to re-evaluate design plans and consider alternate routes for the sewer
lines for this project. It has become necessary to have an engineering firm core samples of the
soils in the project perimeter. The samples will allow us to evaluate the sub-surface conditions
and determine ifrock will be a factor in making changes in the project design.
· Ifrock is not encountered, time will be needed for a redesign of portions of the project that will
eliminate the need to go off-site with sections of the sewer system proposed for the project.
· If rock is encountered the design engineer will need additional time to re-evaluate and change
bid items in his bid schedule based on numerical values compiled by the Augusta Utilities
Department engineering staff. The design engineer will also need time to re-evaluate portions
of the design that have posed construction challenges for contractors bidding on the project.
If additional information is needed please contact me at 312-4132.
Cc: Douglas A. Cheek, P.E., Assistant Director
Bob Davis, P.E., Bond Program Construction Manager, CH2M Hill
Gerald Wall, Inspection Operations Manager
Jay Blair, Utilities Inspector
,
May 28, 2002
SHERWOOD DRIVE
SANITARY SEWER IMPROVEMENTS
PROJECT NO. 50035
ADDENDUM NO.1 t
1. In the Plans, Sheet 1:
DELETE - Sheet Numbers 10 and 11
ADD - In the Revisions Block, Under No., Add "1", under Date, add "May
2002", under Comments, add "See Addendum No.1"
2. In the Plans, Sheet 2:
DELETE - Sheet 2
ADD - Sheet 2A
3. In the Plans, Sheet 3:
DELETE - "Road Cut Trench Construction"
DELETE - "Sanitary Sewer Main Installation"
ADD - "Sanitary Sewer Main Installation" (Exhibit "A")
ADD - '''Road Cut Trench Construction" (Exhibit "B")
ADD - "Water Service (Exhibit "C")
4. In the Plans, Sheet 4:
DELETE - Sheet 4
ADD - Sheet 4A
5. In the Plans, Sheet 5:
DELETE - Sheet 5
ADD - Sheet 5A
6. In the Plans, Sheet 6:
DF;LETE - Sheet 6
ADD - Sheet 6A
7. In the Plans, Sheet 7:
DELETE - Sheet 7
ADD - Sheet 7A
8. In the Plans, Sheet 8:
DELETE - Sheet 8
ADD - Sheet 8A
,
9. In the Plans, Sheet 9:
DELETE - Line "A"
10. In the Plans, Sheets 10 and 11:
DELETE - Entirely
11. In the Plans, Sheet 12:
DELETE - Sheet 12
ADD- Sheet 12A
12. In the Plans, Sheet 13:
DELETE - Sheet 13
ADD - Sheet 13A
13. In the Specifications: Page B-1, 15t Line:
DELETE - 11,000 linear feet
ADD - 4,000 linear feet
14. In the Specifications, page B-1, 12th line:
ADD - "Until 3:00 PM on the 12th day of June 2002
15. In the Specifications:
DELETE - Page P-2 and P-3
ADD - Page P-2A, P.3A and P-4A (Exhibit "e")
2
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BID SCHEDULE - SHERWOOD DR. SANITARY SEWER IMPROVE:MENTS PROJECT NO. 50035
lU'
1 S" SANITARY SEWER 0'.6' CUT ]425 LF
2 S" SANITARY SEWER6'.IO'CUT 1860 LF
3 S" D.l. SANITARY SEWER 6'-10' CUT 50 LF
4 S" SANITARY SEWER 10'-]4' CUT 400 LF
5 S" SANITARY SEWER 14'.]S'CUT 515 LF
6 SANlTARY SEWER MANHOLE 0' - 6' DEPTII 21 EA
7 SAN. SEWER DROP MANHOLE 6' . 10' DEPTII 2 EA
S ADDmONAL MANHOLE DEPTII 60 LF
96" SANITARY SEWER LAlERAL 60 EA
10 SANITARY SEWER LA lERAL (FILL MA lERlAL) 600 LF
11 ROAD CUT & REPAIR 3700 LF
12 1-]/2" ASPHALT, TYPE "E" WI8" S.C, BASE INC. TACK ]400 SY
13 SELECT BACKFILL. SAND CLAY SOO CY
14 SELECT BACKFILL - 57 STONE (ADDmONAL 500 TN
BEDDING
15 TIE IN TO EXISTING SANlTARY SEWER 3 EA
]6 SOD 100 SY
17 lEST MANHOLE (VACUUM) 22 EA
] S CLASS A CONCRElE 500 CY
19 AC W A lER MAIN CROSSING 4 EA
20 CCTV OF SANlT AR Y SEWER 4200 LF
21 LUMP SUM LS
22 ROCK EXCAVATION 100 CY
236" PVC WATER (C900) 1540 LF
246"VALVES 4 EA
25 WAlERSERVlCES 25 EA
TOTAL BID PRICE
· 6" sanitary sewer lateral (Item 9) includes: road sawcut, excavation, backfill &
compaction, PVC Y at the main, 6" PVC line, the cleanout and plug.
· The lateral trench width should be adequate to meet required backfill compaction
standards. Note: In the event it is necessary to use selected backfill, the maximum
lateral trench width is 4 feet, unless approved by AUD Project Inspector.
· Sanitary sewer lateral GAB and patch (Item 10) is measured by linear feet
beginning 3.5 feet from the center of the main line to the curb.
. In the event that select backfill is used, the cubic yard measurement will by "In
Place" cubic yards and a maximum trench width of 7 feet.
· No. 57 stone (Item 14) will be used only when conditions require its use and the
project inspector has authorized its use.
P-2A
'5
. Item 21 - Lump Sum Construction includes but is not limited to the following:
Clearing and Grubbing, all removals, replacements, construction staking,
grassing, soil erosion & sedimentation control, traffic control, fencing, 8"
sewer line air testing, mandrell testing, valve box and MH spacers, etc.
. Asphalt overlay (Item 13) includes leveling prior to overlay
The contract covering the construction of all work described above will be completed
within 200 consecutive calendar days from the date specified in the "Notice to Proceed"
of the Augusta Utilities Department Director:
Dollars ($ )
subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the prices bid. Bidder further agrees to pay as
liquidated damages the sum of$250.00 for each consecutive calendar day thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to
accept any proposal as deemed to be the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall be
included as part of the Contract Documents:
Addendum
Date
The undersigned bidder understands and agrees that should the Owner accept this
proposal, the bidder will within ten (10) days from the date of notification of acceptance
of his proposal, execute the contract and furnish the Owner with satisfactory performance
and payment bond in the amount equal to one hundred percent (100%) of the total base
bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of $ 10% of
total bid Dollars ($ ) being not less that ten (10%) percent of
the total base bid sum.
Should the bidder fail to execute the Contract and furnish the Performance and Payment
bond in case this proposal I accepted, the Owner shall have the right to received the
amount of the bid security as liquidated damages. If the security is a Certified Check it
may be cashed by the Owner and the amount received shall become the property of the
P-3A
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Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the
Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is the
proper measure ofliquidated damages which the Owner will sustain by the failure of the
undersigned to execute the Contract and furnish the Performance and Payment Bond.
The successful bidder shall have current Business License.
The Owner is the Equal Opportunity Employer.
Name of Bidder
Signature & Title of Authorized
Representative
Business Address
City and State
Date:
P-4A
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EXHIBIT "A"
HYMAX COUPLING
I"
10' - 0" MINIMUM
.1
SECTION OF DUCTILE
IRON PIPE - CLASS 350
EXISTING WATER MAIN
(ASBESTOS CEMENT PIPE)
0"
SANITARY SEWER LINE
IN PLACE OR TO BE
INSTALLED
PROCEDURE
1. CUT AND REMOVE SECTION OF EXISTING ASBESTOS CEMENT PIPE.
2. REPLACE WITH SECTION OF DUCTILE IRON PIPE CLASS 350.
3. INSTALL HYMAX COUPLINGS MANUFACTURED BY DRESSER OR EQUAL.
SANITARY SEWER MAIN INSTALLATION
(IN AREA OF EXISTING ASBESTOS CEMENT PIPE CROSSING)
NOT TO SCALE
EXHIBIT "B"
ASPHALT OVERLAY COMPACTED
1 1/2" THICK TYPE "F"
- 50' IN WIDTH FOR TRANSVERSE CUTS
- WIDTH VARIES FOR LONGITUDINAL CUTS
25'
<t
~I'"
25'
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SAW CUT EDGE AND
APPLY TACK
SAW CUT EDGE AND
APPLY TACK
2" COMPACTED ASPHALTIC
BINDER, TYPE B CAP
BITUMINOUS PRIME COAT ON
AGGREGATE BASE - WET SPOTS
MUST BE CLEANED WITH CLEAN
OR ASPHALT COATED SAND
6" SAND/CLAY BASE SUBGRADE
COMPACTED TO 100%
8" OF GRADED
AGGREGATE BASE
COMPACTED TO
100% DRY DENSITY
SAND/CLAY BACKFILL INSTALLED IN
8" LIFTS, COMPACTED TO 95%
PIPE BEDDING PER AUGUSTA
UTILITIES DEPARTMENT
STANDARDS
1. THIS DETAIL SHALL APPLY TO AUGUSTA UTILITIES DEPARTMENT PROJECTS ONLY.
2. TOP 10" OF TRENCH TO BE GRADED AGGEGATE BASE. TOP 2" OF GRADED AGGREGATE
BASE TO BE REMOVED AND REPLACED WITH TYPE B ASPHALT BINDER UPON INSTALLATION
OF ASPHALT CAP.
3. DETAIL SHOWS A TRANSVERSE CROSS SECTION. OVERLAY WIDTH
MAY VARY FOR LONGITUDINAL CUTS.
ROAD CUT TRENCH CONSTRUCTION
(PIPE IN EXISTING ROADWAY)
NOT TO SCALE
NOVEMBER 14, 2001
,
FORD LA04-44, FORD
LA02-44 OR APPROVED
EQUAL 1" CORPORATION
STOP COUPLING 1/8 BEND
FORD FB600-4 OR
APPROVED EQUAL 1" BALL
CORPORA TION STOP
o
EXHIBIT
"C"
ANY COUPLINGS OR REDUCERS REQUIRED ON NEW 1" SERVICES
AFTER CURB STOP SHALL BE INSTALLED BY AUGUSTA UTILITIES
METER BOXES ARE TO
BE ROME 10X19X10
CAST IRON OR
APPROVED EQUAL
1" SOFT K COPPER SERVICE LINE
SMITH BLAIR OR
APPROVED EQUAL
1" DOUBLE
STRAPPED TAPPING
SADDLE
W A TE R
SERVICE
FORD Bll-444W OR
APPROVED EQUAL 1"
FULL PORT CURB STOP
HA YES 562BCF OR
APPROVED EQUAL 1"
SERVICE ELBOW
SERVICE LINE RO BE
CAREFULLY BENT TO
ACHIEVE 90 DEGREE]
ANGLE AT DESIRED
METER LOCATION
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.
Note: Lump sum construction items include but are not limited to the following:
Item Description
1 Remove and reset fences. all type
2 Erosion and sediinentation control (temporary grassing, permanent grassing,
construction exits, rip-rap. misc. erosion control structures)
3 Traffic control
4 Miscellaneous grading
The contract covering the construction of all work described above will be completed
within 200 consecutive calendar days from the date specified in the HN otice to
Proceed" of the Augusta Utilities Department Director:
-n....ee ,t.!..n.,eI,,~. ~;"'e.7: 67",,+ -rr.,....__f--d
&'1",-1- flv'7J""ci h-7' ~-K. /,7'000 Dollars ($ 37&, & ~~ .?:!- )
subject to reductions, additions and deletions provided herein on tbe basis of
measured quantities of completed work and the prices bid. Bidder further agrees to
pay as liquidated damages the sum of$250.00 for each consecutive calendar day
thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to
accept any proposal as deemed to be the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall
be included as part of the Contract Documents:
Addendum
f./o. I
Date
if/z ~ /0 2,
.
No.2-
~/~/O'L
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The undersigned bidder understands and agrees that shol1ld the Owner accept this
proposal, the bidder will within ten (10) days from the date of notification of
acceptance ofbis proposal, execute the contract and furnish the Owner with
satisfactory performance and payment bond in the amount equal to one hundred
percent (100010) of the total base bid sum. Enclosed herewith is a Bid Bond or
Certified Check in the amount of $ 10% of total bid Dollars
($ 3~. SSC/-. ~ ) being not less that ten (10%) percent of the total base
bid sum.
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Should the bidder fail to execute the Contract and. furnish the Performance and
Payment bond in case this proposal I accepted, the Owner shall have the right to
received the amount of the bid security as liquidated damages. If the security is a
Certified Check it may be cashed by the. Owner a,nd the amount received shall
become the property of the Owner. If the security is.a Bid Bond, the value thereof
shall be paid to the Owner by the Surety.
, The undersigned by submittal of this proposal, agrees that the above stated amount is,
the proper measure of liquidated damages which the Owner will sustain by the
failure of the undersigned to execute the Contract and furnish the Performance and
Payment Bond.
The successful bidder shall have current Business License.
The Owner is the Equal Opportunity Employer.
Name of Bidder
Signature & Title of Authorized
Representative
Business Address
City and State
Date:
..
\'-
:5~e- hl/~~':7
/r
-:;ht?e--+
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Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the
Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is the
proper measure ofliquidated damages which the Owner will sustain by the failure of the
undersigned to execute the Contract and furnish the Perfonnance and Payment Bond.
The successful bidder shall have current Business License.
The Owner is the Equal Opportunity Employer.
bi --"'- Codr;+r~ o~ -.:z::;,c,
Name of Bidder /
u),l-OO~ ~-d~~
Signature & Title of Authorized
Representative
"
'7,.-es' ;de..,+
.70. Z5o'f.- 770
Business Address
&-~'j Ge......7'.C<- 3080.,-
City and State
Date: 3~ 12., 2-002-
f
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BID BOND
Conforms with The American Institute of Architects, AlA
Document No. A.310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
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as Principal, hereinafter called the Principal,
and the National Fire Insurance Company of Hartford
of CNA Plaza, Chicago, 11/ 60685
, a corporation duly organized under
the laws of the State of
Connecticut
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dollars ($10% of bid ) for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Sherwood Drive Area Sanitary Sewer Improvements
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NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bOIids, 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.
Signed and sealed this
12th
day of
June
Blair Construction,lnc.
PO Box 770, Evans, Georgia 30809
{q~',,-r?~
'7RGS/PGHT "
2002
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~~ <;;. -=U~
(Seal)
. Principal
Witness
Tit! e
~7)(~~
Witness
National Fire Insurance Company of Hartford
{ By HI~ b" ;.<
Buck Leigh U Attorney-in-Fact
GEEF 12/00
88-1
FRP
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I Know All Men By These Presents, That CONTINENTAL CASUAlTY~OMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation. AMERICAN CASUALTY COMPANY OF READING
PENNSYLVANIA, a Pe~nsylv~nla corporation (herein collectively called "the CCC Surety Companies.), are dul 0 anized and existin
I ~orp~ratffilonsdhhavlngb their prlnclpal.offices In the City of Chicago, and State of Illinois, and that they do by virtue ~f t;e signature and se:,s
ereln a Ixe ere y make, constitute and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually
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of Columbia, South Carolina
Itheir true and la~ul Attomey(s)-in:Fact wi.th full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds. undertakings and other obligatory Instruments of similar nature
- In Unlimited Amounts.
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My Commission Expires September 17, 2001
Diane Faulkner
Notary Public
CERTIFICATE
~a
Mary A. Ribikawskis
Assistant Secretary
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AGREEMENT
THIS AGREEMENT, made on the ~ day of L1tt L Y . 2~ by and between
AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMOND COUNTY
COMMISSION, party of the first part, hereinafter called the OWNER., and RifJ If? /'oNS7R!)('tJol{
.:t::;./ L . 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 WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
SHERWOOD DRIVE AREA
SANlTARY SEWER IMPROVEMENTS
PROJECT NO. 50035
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 n - TIME OF COMPLETION - LIOUIDA TED DAMAGES
The work to be performed under this Contract shall be commenced within ~ calendar days
after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed
within ~calendar days with all such extensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the
date of beginning, rate of progress and the time for completion of the work to be done hereunder are
ESSENTIAL CONDmONSofthis contract. Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof
within the time specified. It is expressly understood and agreed by and between the Contractor and the
Owner, that the time for completion of the work described herein is a reasonable time for completion of the
same, taking into consideration the average climatic range and construction conditions prevailing in this
locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITIllN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the Owner the sum of Two Hundred Fifty and
nolIOOs ($ 250.00) Dollars, 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.
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.
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It is further agreed that time is of the essence of each and every portion of this Contact and the
specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
ARTICLE ill - PAYMENT
(A) The Contract Sum
The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in
the Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the
specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer
an estimate covering the percentage of the total amount of the Contract which has been completed from the
start of the job up to and including the last working day of the preceding month, together with such
supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only
the quantities in place and at the unit prices as set forth in the Bid Schedule.
On the 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 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 own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms and
conditions thereof: and the entire balance found to be due the Contractor, including the retained percentage,
shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate.
(B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that
all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed 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 manufacturer's guarantees. It shall also constitute
a waiver of all claims by the Contractor except those previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the
Engineer, and without terminating the Contract, make payment of the balance due for that portion of the
work fully completed and accepted.
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Each payment shall be made under the terms and conditions governing final payment, except that it shall
not constitute a waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this Agi-eement in three (3) counterparts,
each of which shall be deemed an original, in the year and day first mentioned above.
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(SEAL)
AU~. GIA
/\lJ By<: .~ ~~
Lfr1fit As its Mayor"
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(SEAL)
CONTRACTOR: 6L~ ~f-hVc.+,"o.,/..:z-nc_
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By: illl jJ ~ a <"'~A~ ~;:-~.~~;J'~
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ATTEST:
'1n p~ Yl> '-~r
Secretary
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Witness
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A-3
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Bond No.
929 249 163
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PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
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KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
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as Principal, hereinafter called Contractor, and, National Fire Insurance Company of Hartford
(Here insert full name and address or legal title of Surety)
CNA Plaza, Chicago, Illinois 60685
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as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St.
(Here insert full name and address or legal title of Owner)
Room 605, Augusta, Georgia 30911
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as Obligee, hereinafter called Owner, in the amount of Three Hundred Ninety Eight Thousand Eight Hundred Forty Six and 79/100 - - - - - - - - - - - - - --
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. Dollars ($ 398,846.79 . ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and ~signs, jointly
and severally, firmly by these presents.
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WHEREAS,
Contractor has by written agreement dated
, entered into a contract
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with Owner for
(Here insert full name, address and description of project)
Sherwood Drive Area Sanitary Sewer Improvements - Project Project No. 50035
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in accordance with Drawings and Specifications prepared by CH2M Hill, 360 Bay St., Suite 100, Augusta, GA 30901
(Here insert full name and address or legal title of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the
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I S-12191GEEF 10/99
CIS by~ If). -1!J~~resident agent
Page 1 of 2
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PERFORMANCE BOND
929 249 163
I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shaIl promptly and faithfuIly perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in fuIl force and effect.
I The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
I 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
I the default, or shaIl promptly
1) Complete the Contract in accordance with its terms and
I conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety
10f 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
I and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the
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Signed and sealed this
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day of
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,
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(Witness)
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(Witness)
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11219/GEEF 10199
Page 2 of2
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, shaIl 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 shaIl 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.
-
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Blair Construction, Inc., PO Box 770, Evans, Geo;gia 3081>9';~ ' '.., TSeaT:> ~
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LABOR AND MATERIAL PAYMENT BOND Conforms
with The American Institute of Architects
A.I.A. Document No. A.311
Bond No. 929249163
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THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON
THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
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KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
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as Principal, hereinafter called Principal, and, National Fire Insurance Company of Hartford
(Here insert full name <lid address or legal title of Surety)
CNA Plaza, Chicago, lIIijnois 60685
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as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605,
Augusta, Georgia 30911 (Here insert full name met address or legal title of Owner)
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as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defmed, in the amount of Three Hundred
Ninety Eight Thousand Eight Hundred Forty Six and 79/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. Dollars ($ 398,846.79 .).
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for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
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WHEREAS,
Principal has by written agreement dated
, entered into a contract
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with Owner for
(Here insert full name, address and description of project)
Sherwood Drive Area Sanitary Sewer Improvements - Project No. 50035
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in accordance with Drawings and Specifications prepared by CH2M Hill, 360 Bay St., Suite 100, Augusta, GA 30901
(Here insert full name and address or legal title of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the
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Page 1 012
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LABOR AND MATERIAL PAYMENT BOND
929 249 163
I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect, subject, however, to the following conditions:
I 1. A d,im",' i, dofined "' nno h..ing , direcl "".""" with tho wm fn"i"'ed. n, en, whnm tho wntk nt I,b., w"' d.", "' """nnod.
Principal or with a Subcontractor of the Principal for labor, material, or Such notice shall be served by mailing the same by registered mail or
I both, used or reasonably required for use in the performance of the certified mail, postage prepaid, in an envelope addressed to the Principal,
Contract, labor and material being construed to include that part of Owner or Surety, at any place where an office is regularly maintained for
water, gas, power, light, heat, oil, gasoline, telephone service or rental the transaction of business, or served in any manner in which legal process
I of equipment directly applicable to the Contract. 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.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined,
I 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
I claimant, may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for
I the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any
la) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
lafter 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
Ito whom the materials
!signed and sealed this
day of
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(Witness)
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(Witness)
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1-12201GEEF 10/99
Page 2 of 2
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 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 which 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.
~
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Blair Construction, Inc., PO Box 770, Evans, Geotgia- 30809~ '.~./' '(S~nl) :: ~
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(Title)
National Fire Insurance Company of Hartford
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Buck Leigh, Attorney-in-F
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I Know All Men By These Presents That CONTINENTAL C S
SURANCE COMPANY OF HARTFORD a Co r t A. UALlY-cOMPANY, an Illinois corporation, NATIONAL FIRE
PENNSYLVANIA a PI' '. nne.c ICU corporallon, AMERICAN CASUALTY COMPANY OF READING
, ennsy vania corporation (herein collectivel can d "\h cee s . . " .
rp~rations having their principal offices in the City of Chicago ~nd :\a\ Of \11I I uro\y Companies ), are duly organized and existing
rein affixed hereby make, constitute and appoint ' e 0 no s, and that they do by virtue of the signature and seals
James D. Thaxton, Theodore J. Marek, Buck Lei h, G. A. Weathersb . Individuall
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of Columbia, South Carolina
heir true and lawful Attorney(s)-in-Fact with full po d th 't h b .
nds, undertakings and other obligatory Instrume~:rO~~i~~ar ~~t~reere y conferred to sign, seal and execute for and on their behalf
- In Unlimited Amounts -
~ t~1 ~~nd thtemfthe~dePAY as fully and to the same exte~t as If sUch.lnstrument~ were signed by a duly authorized officer 0 their corporations
a e ae S 0 sal ttorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorn~y !s made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
Ireof. duly adopted, as indicated, by the Boards of Directors of the corporations. '
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October ,1999.
I ~.... Cl-SU1()o CONTINENTAL CASUAL TV COMPANY
g. r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
f oO"'OIIAt~ ~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~ .~ i /f!1t11/tf,1: ,j ~~
11111
I Marvin J. Cashion Group Vice President
ate of Illinois, County of Cook, ss: ~
On this 28th day of October , 1999 ,before mEt personally came ,
Marvin J. Cashion, to me known, who, being by me duly sworn. did depose and say: that he resides in the City of Chicago. State of Illinois: I-
It he is a Group Vice President of CONTINENTAL CASUALlY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
d AMERICAN CASUALlY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrument; that he
nows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority,given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
Id acknowledges same to be the act and deed of said corporations.
:..........................: ~ ~
. · OFFiCiAL. SEAL. :
: DIANE FAULKNER :
I : ...... -. .....of "'noI. · ~ ~
. My CornrnlM'oft ~ 8/17101 :
;...........................
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My Commission Expires. September 17, 2001
Diane Faulkner
Notary Public
CERTlFICA TE
II Mary A Rlbikawskls Assistant Secretary of CONTINENTAL CASUALlY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
RTFORD 'and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
ove set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
lid corporations this day of
CONTINENTAL CASUAL TV COMPANY
Cl-SU1( NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
g"J; AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA.
~ cOW'~TE ~
· l ~a
i.l SEAL "f: .
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_ 10/1/97)
Mary A. Ribikawskis
Assistant Secretary
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Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the. Board of
Directors of Ihe Company. '
"ArtIcle IX-Executfon of Documents
Section 3. Appointment. of Attorney-in-fact. The Chairman of the Board of Directors, the President or any executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-In-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other Obligatory instruments of like nature. Such attomeys-In-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
ex~cutiori of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors. the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time. revoke all power and authority
previously given to any attomey-In-fact..
This Power of Attomey Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. .
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
.be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws. and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal Shall be valid and binding on the Company. Any such power so
ex.ecuted and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company:
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article Vl-Executfon of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time. appoint by written certificates attorneys-In-fact to act in behalf of the Company in the
execution of 1)olicies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attomeys-in-fact. SUbject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-In-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. '
"Resolved, that the signature of the President or any Execullve, Senior or Group Vice PresIdent and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It Is
attached, continue to be valid and binding on the Company:
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
,
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from
time to time, appoint, by written certificates, Attomeys-in-Fact to act In behalf of the Corporation In the execution of policies of insurance.
bonds, undertakings and other obligatory instruments of like nature. Such Attomey-In-Fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact:
This Power of Attomey is signed and s,ealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President. an Executive Vice President or any Senior or Group Vice President and .the seal.
of the Corporation may be affixed by facsimile on any power of anomey granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on.1tle ~orporalion. Any such power so executed and sealed and certified by certificate so executed and sealed. shall
with respect to any bond or undertaking to which it is attached, confmue to be valid and binding on the Corporation..
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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 OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as provided
therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the
Work to be performed.
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, or an 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 Drawings 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).
Contract Time- The number of days (computed as provided in paragraph 17.2.1) 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.
GC-1
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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 recommendation of final 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 show 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 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 Award-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.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a
related purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-The ArchitecturallEngineering firm or individual or in-house licensed person designated
to perform the design and/or resident engineer services for the Work.
PROGRAM MANAGER - The professional firm or individual designated as the representative or the
OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when
project is part of an OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may 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 Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having
in charge the work embraced in this Contract.
GC-2
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Resident Project Representative- The authorized representative of PROFESSIONAL as PROGRAM
MANAGER 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 certain
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 terms "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, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels 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 Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is 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 Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion
or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work
is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Change Directive 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 Change Directive will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Time as provided in Article 10.
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-
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engineering or non-technical rather than strictly Work-related aspects of the Contract Documents.
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Caples of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract 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 Starting Construction:
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 OWNER 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 OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
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.
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2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies
to each additional insured identified in the Supplementary Conditions, an original policy or certified copies
of each insurance policy (and other evidence of insurance which OWNER 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, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6 as well as 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 OWNER 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
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
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 work. Schedule updates shall accompany each pay request.
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding
as if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia.
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 applicable 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 of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and 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.
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:
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3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
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).
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 clarification (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 of 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.
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ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailabi/ity of Lands:
4.1. OWNER shall fumish, 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 fumishing 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 Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for
identification of those reports of explorations and tests of subsurface conditions at 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 '~echnical 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 of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER 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 OWNER 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 OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine
that the conditions at the Site are not materially different from those indicated in the Contract Documents or
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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 Conditions-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 OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER 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
OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as
provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of
which will be considered as having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could
not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph
6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and
to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to
determine the extent to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract Documents will be amended
or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the
safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that
they are attributable to the existence of any Underground Facility that was not shown or indicated in the
Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim
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's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL,
whenever any reference pOint is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER 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 OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such affected area until after OWNER has obtained
any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that
such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii)
specifying any special conditions under which such Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in
Contrad Price or Contract Times as a result of such Work stoppage or such special conditions under which
Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in
Articles 11 and 12.
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 OWNER and CONTRACTOR
cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or
Contrad 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. OWNER may have deleted such portion of the Work performed by
OWNER's own forces or others in accordance with Article 7.
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.
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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 otherwise provided by Law or Regulation or by the
Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the
Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the
Contract Documents and be executed by such sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
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 bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER.
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 fumished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing:
of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be,
performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed
by any of them to perform or fumish 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, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
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5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person
other than CONTRACTOR's employees;
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 Work 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 coverage's and be written for not less
than the limits of liability and coverage's 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 shall remain
in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing
or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continlJation 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.
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 OWNER's option, may purchase and maintain such insurance as
will protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
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
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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 will not be canceled or materially changed or renewal refused
until at least thirty days prior' written notice has been given to CONTRACTOR by certified mail and will
contain waiver provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing 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.
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 Rights:
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 of OWNER, 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 of insurance held by OWNER as trustee or otherwise payable under any policy so
issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6
and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages
caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that
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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. OWNER shall
deposit in a separate account any money so received and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
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 of the parties in interest shall object in writing within fifteen days after the occurrence of loss to
OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with
the insurers in accordance with such agreement as the parties in interest may reach. If required in writing
by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the
proper 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 with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, 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 changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy
or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
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Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, 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 any 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 OWNER or any of its agents or employees by any employee
of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation under the previous
paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits
payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability
benefit acts, or other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or
indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including
attorneys' 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.
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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 written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall
be as binding as if given to CONTRACTOR.
Labor, Materials 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 written 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. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract
Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any
of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or 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.
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.
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Substitutes or "Or-Equa'" 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 evaluatic;>n and acceptance of the proposed substitute
will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or
in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the
proposed substitute and whether or not incorporation or use of the substitute in connection with the Work
is subject to payment of any license fee or royalty. All variations of the proposed substitute from that
specified will be identified in the application and available maintenance, repair and replacement service will
be indicated. The application will also contain an itemized estimate of all costs that will result directly or
indirectly from acceptance of such substitute, including costs of redesign and claims of other- contractors
affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the
proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense,
additional data about the proposed 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.
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 will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to 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.
Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER
for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed
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
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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
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to
make written objection thereto by the date indicated for acceptance or objection in the bidding documents
or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified
may be revoked on the 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 OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible
for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or
other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL
to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or
organization except as may otherwise be required by Laws and Regulations.
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 of losses 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 I
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:
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6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided
and paid for by OWNER are listed in the Supplementary Conditions. Any 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 arid Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable
to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws
and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations. .
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes
shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows
or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice
to the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid
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 performance of the Work, CONTRACTOR shall promptly
attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses (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 contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property nof designated for alteration by the Contract Documents.
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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.
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 of the Work or anyone
for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and 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:
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6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby. If PROFESSIONAL detennines that
a change in the Contrad Documents is required because of the action taken in response to an emergency,
a Work Change Directive 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 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 and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and
any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time
of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations 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 confonnance 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
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed
or coordinated with the requirements of the Work and the Contract Documents.
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
OWNER. 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.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have detennined
and verified all quantities, dimensions, specified perfonnance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
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6.24.3. 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 with the information given in the Contract Documents and shall not extend
to means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
6.27. 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
OWNER 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.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
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.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish,
and other debris or contaminants resulting from the work on a daily basis or as required. At the completion
of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as
all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and
ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations.
In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure
to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will
restore to original condition those portions of the site not designated for alteration by the Contract
Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
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(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
perfonnance 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 perfonn 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, PROGRAM MANAGER 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 perfonn 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.
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ARTICLE 7---QTHER WORK
Related Work at She:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces,
have other work performed by aided 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 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such
a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
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.
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ARTICLE 8---oWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM 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 responsibility 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 Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
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 OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-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 PROFESSIONAL, PROFESSIONAL will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies
in the Work.
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 OWNER
at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
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 Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be 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 ~r extent thereof, CONTRACTOR
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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.
Shop 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 and classifications of Unit 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
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to
the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to
the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for
a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows
an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good faith in such capacity. The rendering of a decision by
PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making or acceptance of final payment as provided in
paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights
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or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in
respect of any such claim, dispute or other matter.
Limitations on 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 such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, 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 10--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 OWNER 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 OWNER 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 Work to be performed, Work performed in an
emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time
or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by
PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue
a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance
with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension,
determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive,
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 Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the
party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim.
Notice of the amount of the claim with supporting data shall be delivered within sixty days after such
occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in
support of the claim) and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of
the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by
PROFESSIONAL in accordance with paragraph 9.11 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 OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined
in the Contract Documents.
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.
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
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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 OWNER based upon an analysis of the scope of CONTRACTOR's failure
to construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of
the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs
for employees not employed full time on the Work shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall indude, 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.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, induding 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.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who 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 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 engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work!
11.4.5. Supplemental costs including the following:
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11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice
of 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 indirectly employed by any of them or for whose acts any of them may be liable, and
royalty payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing
of the Work (except losses and damages within the deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such losses shall include settlements made with the written
consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage
requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at
the site, 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, executives, principals
(of partnership and sole proprietorships), general managers, engineers, 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 principal or a branch
office for general administration of the Work and not specifically included in the agreed upon schedule of
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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 Documents 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:
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 CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
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through 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 OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required
by disciplineltrade 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 allowanCes so
named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors
or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
CONTRACTOR agrees that:
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.
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.
Unit 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 Pri,ce Work an amount equal to the sum of
the established unit prices for each separately identified item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed 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 performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there
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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 engineers, 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 perfonnance
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 Work and have the Work done by others. The cost of completion under such procedure shall be charged
against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the
Contract Documents, including an appropriate reduction in the Contract Price. If the payments due
CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all
costs to OWNER of associated inspection, construction management and resident engineers shall be
identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
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 once a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date
of the application and accompanied by such supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER
has received the materials and equipment free and.clear of all liens and evidence that the materials and
equipment are covered by appropriate property insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%)
retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the Agreement.
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 OWNER 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 (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER,
or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAl's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on
PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules, that
the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge,
information and belief, the quality of the Work is in accordance with the Contract Documents subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any
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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 will constitute an additional
representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being
entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
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 re~mmended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work
or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
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 CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except
for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a .
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and I
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If:
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify,
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially:
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial I
Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a I
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tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of
the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after
consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial
Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to
division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform 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 Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentativ~ 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) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
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 c:ind substantially
complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL
shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL
does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER
and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the
Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to:
certification of Substantial Completion of that part of the Work and the division of responsibility in respect :
thereof and 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
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will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
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 wiJ/ deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the
time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so
informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the
Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and
to complete other related Work.
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 retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and
will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
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 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 of liens and as approved by OWNER, 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 wiJ/ be accepted by OWNER until approved as-built
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documents by CONTRACTOR are accepted and approved 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 OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
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:
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14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate
in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for
payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the
application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the
presentation to OWNER of the application and accompanying documentation, in appropriate form and
substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount
recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
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 with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, '
nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use:
or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by I
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OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
acceptance of Work not in accordance with the Contract Documents or a release of
CONTRACTOR'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--SUSPENSION 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 anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the 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;
due;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become
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
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
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OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and
to the extent permitted by laws and Regulations, terminate the serVices of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but
not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and
court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be
approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when
exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest
price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
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;
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 with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss i
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. :
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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 OWNER
fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR
may upon seven wOrking days' written notice to OWNER and PROFESSIONAL and provided OWNER or
PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and
recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application
for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after
it is submitted to pay CONTRACTOR any sum finally detennined to be due, CONTRACTOR may upon seven
days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of 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 Time 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 carry on 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 law or 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 waived, except that
if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of
its commencement, the claim will be considered only for a period commencing ten (10) working days prior
to the receipt by OWNER 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 between OWNER 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-MISCELLANEOUS
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 will be
computed to exclude the first and include the last day of such period. If the last day of any such period falls
on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
will be omitted from the computation.
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 construed as a substitute for or a waiver of the provisions 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 the parties hereto, and, in particular but without 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 of the Contract Documents, and the provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and
remedy to which they apply. All representations, warranties and guarantees made in the Contract Doc-
uments 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 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.
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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 of
the 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 beginning work. This
plan will include a list of key personnel with 24-hour contact information who will 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.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations 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, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
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.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the
following actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction ,
conference ).
3. Maintain a chronicle of relevant information regarding the incident including specific actions
taken by the CONTRACTOR and estimates of the discharge volume.
GC-53
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17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and 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 MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M 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 OWNER and I 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 with 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 construction site 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 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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SUPPLEMENTAL aENERAL CONDmONS INDEX
sac - Ol.
sac - 02.
SGC - 03.
SGC - 04.
SGC - 05.
SGC - 06.
sac - 07.
sac - 08.
SGC -09.
SGC-lO.
SGC-Il.
SGC-12.
SGC-13.
SGC-14.
saC-IS.
SGC-16.
SGC-17
Contractor's Liability Insurance
Special Hazards
Testing Laboratory
Surveys
Drawings
Rights-of- Way
Estimate of Quantities
Existing Structures and Utilities
Contractor's Breakdown of Lump Sum Payment Items.
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
Project Sign
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sac - 01.
CONTRACfOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the Contractor's
Liability Insurance shall be in an amount no less than $100,000 for injuries, including accidental
death, to anyone person, and subject to the same limit for each person in an amount not less than
$300,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not
less than $100,000.
The Contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage
Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure
the activities of his subcontractors in his own policy.
sac - 02.
SPECIAL HAZARDS:
. The Contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Georgia Highway System
and the Augusta-Richmond County Road System.
(b) Work within easements granted by property owners in connection
with the construction of the project.
(c) Work in close proximity to existing water lin~, power lines,
telephone lines, gas lines, other utilities and private structures
contiguous to the job site.
sac - 03.
TESTING LABORATORY.
All materials testing and laboratory work in connection therewith shall be
paid for by the Contractor and approved by the Engineer.
sac - 04.
SURVEYS:
The Engineer will provide horizontal control points and benchmarks for
vertical control. The Contractors will provide surveying for construction stake-out.
sac - 05.
DRAWINGS:
The Engineer will furnish to the Contractor all copies of drawings
reasonably necessary for the execution of the work. Location of all features of the work included in
the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for
this contract:
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SHEET NO.
1
::rr:r.LE
Cover Sheet
2
General Notes
3
Miscellaneous Details
4
Lafayette Drive - Sta. 0 + 00 to Sta. 8 + 00
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Lafayette Drive - Sta. 8 + 00 to Sta. 14 + 65
Sherwood Drive - Sta. 0 + 00 toSta. 5 + 50
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Sherwood Drive - Sta. 5 + 50 to Sta. 16 + 40
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Pineview Road - Sta. 0 + 00 to Sta. 4 + 60
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Pineview Road - Sta. 7 + 30 to Sta. 9 + 43
10
"Line A"
11
"Line A"
12
"Line B"
13
"Line C & n"
sac - 06.
RIGIITS-OF-W A Y:
The OWNER will furnish all land and rights-of-way necessary for the
carrying out of this contract and the completion of the work herein contemplated and will use due
diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all
lands and rights-of-way may not be obtained as herein contemplated before construction begins, in
which event the contractor shall begin his work upon such land and rights-of-way as the OWNER
may have previously acquired and no claim for damages whatsoever will be allowed by reason of the
delay in obtaining the remaining lands and rights-of-way. Should the OWNER be prevented or
enjoined from proceeding with the work or from authorizing its prosecution, either before the
commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-
of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage
by reason of said delay or to withdraw from the contract except by consent to the OWNER; but time
for completion of the work will be extended to compensate for the time lost by such delay; such
determination to be set forth in writing and approved by the OWNER.
sac - 07.
ESTIMATE OF QUANTITIES:
The estimated quantities of work to be done and materials to be furnished
under this contract if shown in any of the documents including the bid are given only for use in
comparing bids and to indicate approximately the total amount of the contract and the right is
especially reserved except as herein otherwise specifically limited to increase or diminish them as may
be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by
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this contract and such increase or diminution shall in no way violate this contract nor shall any such
increase or diminution give cause for claims or liability for damages.
SGC - 08.
EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground utilities indicated
on the plans are not guaranteed and shall be investigated and verified in the field by the contractor
before starting work The contractor shall be held responsible for any damage to and for maintenance
and protection of existing utilities and structures.
SGC - 09.
CONfRAcroR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The contractor shall, immediately after the contract has been awarded,
submit to the Augusta Utilities Department Director for his approval, a breakdown showing estimates
of all costs apportioned to the major elements of equipment, material and labor comprising the total
work included under any of the lump sum items shown in the proposal. These estimates as approved
will serve as the basis for estimating of payments due on all progress estimates. Such breakdown must
include estimates for all items defined under lump sum construction in the bid schedule.
sac - 10.
PRIOR USE BY OWNER:
Prior to completion of the work, the OWNER (by agreement with the
Contractor) may take over the operation and/or use of the incomplete project or portions thereof.
Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or
relieve the Contractor from any of the requirements of the Contract Documents.
sac - 11.
CLEANlNG UP:
The Contractor shall keep the premises free from the accumulation of waste
material and rubbish and upon completion of the work, prior to final acceptance of the completed
project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements,
tools, etc., and leave his work in a clean condition, satisfactory to the Augusta Utilities Department
Director.
sac - 12.
MAlNTENANCE OF TRAFFlC'
In any work within the public right-of-way, the contractor shall provide
adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of
the contractor's operations and will be held responsible for any damage caused by negligence on his
part or by the improper placing of or failure to display danger signs and road lanterns. The Contractor
shall prepare and submit to the Owner for review a maintenance of traffic plan. All traffic lanes,
sidewalks and driveways will be kept open and clear at all times except as provided below. The
contractor shall not block traffic on any street more than 30 minutes or such other time as the agency
having jurisdiction may specify, without written permission from such agency. Before leaving the
work each night, it shall be placed in such conditions as to cause the least possible hazard therefrom.
Should the contractor fail to comply with the provisions of this paragraph, the Owner may, with his
own forces, provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate hazards,
construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to
the contractor.
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sac - 13.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to business
establishments during all times they are open for business, to churches, schools and other institutions
during the time they are open and to all residential and other occupied buildings or facilities at all
times. Bridges across open trenches and work areas will be required to provide vehicular and
pedestrian access. The Contractor will also be required to maintain emergency vehicle access at all
times. Bridges with handrail protection will be required for crosswalks at street intersections. It is
recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in
operation. The Contractor shall, however, plan and pursue this operations so as to minimize the time
that direct entrance is blocked
sac - 14.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and perform
operations in such a manner that siltation and bank erosion will be minimized during all phases of
construction. Any areas disturbed during the course of construction shall be restored to a condition
equal or better than the original condition.
sac - 15.
BYP ASSlNG SEWAGE:
The Contractor will be required to schedule and coordinate construction
sequences and operations and to use temporary construction and other approved methods, which will
minimize the bypassing of sewage during construction of the sewer facilities. The diversion of
sewerage to open ditches or streams will not be permitted.
sac - 16.
SAFETY AND HEALTII REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and
Health Regulations for construction promulgated under the Occupational and Health Act of 1970 and
under Section 107 of the Contract Work Hours and Safety Standards Act.
sac -17.
PROJECT SIGN:
One 4' X 8' sign mounted on 2 - 2" X 4" posts shall be erected on site with
the following information:
Name of Owner:
Name of Project:
"Augusta-Richmond County Commission"
"Sherwood Drive Area
Sanitary Sewer Improvements
Project No. 50035"
Name of Contractor:
Address of Contractor:
Telephone Number of Contractor:
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TECHNICAL SPECIFICATIONS
SECTION A - TRENCH EXCA VA TION AND BACKFILL
TS-Ol. SCOPE:
Furnish all material, equipment, and labor required to excavate and back:fill the trench for the
installation of sanitary sewer pipelines as specified, as shown on the Plans, and as directed by the
Resident Project Representative (RPR).
TS-02. EXISTING IMPROVEMENTS:
Streets, sidewalks, driveways, power/cableJtelephone lines, gas lines, water lines, sewers, stonn '
drains and other existing improvements shall be maintained and protected from damage. Any
aerial, surface or subsurface improvements damaged during the course of the work shall be
repaired to original or better condition, Maintenance of traffic on streets, driveways, and walkways shall
be in accordance with MUTCD guidelines and the approved Maintenance of Traffic Plan.
Prior to any excavation, the Contractor shall notify all utilities and utility locating services to
provide locations for buried utilities. The Contractor shall obtain all necessary permits (grading,
building, water, sewer, encroachment, etc.) prior to beginning work.
TS-03. TREE PROTECTION:
Care shall be exercised to protect trees to be left standing. Within the branch spread of such
trees, all trenching shall be performed with extra care. The trench shall be opened when the work
can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon
as possible.
TS-04. .EXCAVATION:
Trench excavations shall be made by the open cut method to the depths indicated on the drawings
or as otherwise specified, All excavated materials not suitable for bacldi.l\ shall be wasted on site
or removed from the site as directed.
The excavated trench shall be at least 12 inches wider but not more than 16 inches wider than the
outside diameter of the pipe being installed. The trench shall be excavated true to line to provide
6 inches to 8 inches clearance oneach side of the pipe. The bottom of the trench shall be accurately
graded to provide unifonn bearing and support along the pipe barrel. Bell holes shall be excavated
to allow sufficient space to make the joint and to insure that the pipe will rest evenly on the bottom
of the trench. Bell hole dimensions shall be as recommended by the pipe manufacturer. Excavations
for structures and other accessories shall be sufficient to provide at least 12 inches clearance between
the structure and the trench wall.
If rock is encountered, the trench shall be excavated to a minimum depth 6 inches below the pipe.
The trench shall then be backfilled with select material, compacted in place, to the depth required
for pipe installation. Wet or other unsuitable material encountered in the trench bottom shall be
removed to a depth required to gain sufficient bearing strength as directed by the RPR. The
trench shall then be backfilled with select material, compacted in place, to the depth required for
pipe installation. If rock or other unsuitable material is encountered in the excavation for structures,
SECTION A-I
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the eXglY.att:d area below the.strucJure. shall be..,b!W_kfilleJl. with.st,one. Qrwn(;Te.~asdir,ec.t~..by
the RPR.
All existing structures, streets, and foundations which are not to be removed or relocated shall be
adequately protected or replaced by the Contractor without cost to the Owner. Special care shall be
taken to protect all existin,g <utilities_. including water. pipes, sewer pipes, gas pipes, other pipes/cables/
conduits, fire hydrants, valves, electrical poles, and others, from damage and/or undermining during
excavation and installation.
TS-05. STOCKPILING EXCA VA TED MA TERlAL:
Material excavated from the trench that is suitable for backfill shall be stockpiled a safe distance
away from the excavation to allow room for adequate angle of repose and to protect the excavation.
No material may be placed within three feet of the nearest edge of the trench. Material unsuitable
for back.filling,. as, detenninec!- by the RPR,. shall. be w.asted on. site or remov.ed from the site and
disposed of by the Contractor, as approved by the RPR.
TS-06. 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. Whenever sheeting is driven to depth below the
elevation of the top of the pipe, that portion of the sheeting below the elevation for 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-07. DEWATERING:
The Contractor shall be required to control groundwater and prevent the accumulation of water
within excavations. Well pointing, pumping, or other methods shall be as approved by the Engineer.
The Contractor shall also control surface water runoff to prevent the accumulation of water in
excavated trenches. Water shall not be allowed to rise in open excavations after pipe or structures
have been placed. No work shall be performed within the trench until the Contractor demonstrates
that groundwater and surface water runoff is controIled. Ifwater accumulates within an excavation,
the Contractor will be required to remove the water and saturated materials and backfill with
approved material. Water removed from excavations shall be discharged at points where it will
not damage adjacent property or facilities.
TS-08. BLASTING:
Explosives are to be 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 property, persons, or facilities. The Contractor shall assume full liability for any damage
that may occur during the use of explosives. No blast shall be set offwithin fifty (SO) feet of existing
pipe or pipe already installed in the trench.
TS-09. 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 then be carefully backfilled with
approved excavated materials or other material approved by the Engineer. Backfill shall not contain
organic material, blasted rock, broken concrete or pavement, construction debris, frozen earth, etc.
SECTION A-2
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For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity
pipelines, only selected materials shaH be used, Select materials shall be nnely divided material free
from debris, organic material and rock, and may be suitable job excavated material or shall be
provided by the Contractor from other sources. The back.fill shall be placed in uniform layers not
exceeding 6 inches in depth. Each layer shall be moistened and carefuHy and uniformly tamped with
mechanical tampers or other suitable tools to 95% standard proctor compaction, 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. .
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The remainder of the backfiH material shaH then be placed and compacted above the level specified
above. In areas not subject to traffic, the backfill shaH be placed in l2-inch layers, and each layer
moistened and compacted to a density of 95% Modified Proctor. Under roadways,
driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the
backfill shaH be placed as shown on the drawings. 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 and 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. All compaction shall
be verified by nuclear density gauge on a random basis as specified by the Engineer in the field.
Compaction tests shall be paid for by the Contractor.
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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 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.
TS-I0. PAVEMENT REPLACEMENT:
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The Contractor shall replace or repair all roadlstreet/highway pavement and sidewalks that are
damaged by this construction as specified herein.
Pavement repairs shall be made as shown on the drawings. Concrete driveways and sidewalks shall
be replaced with 4" thick concrete (3000 psi) for sidewalks and 6" thick concrete (3000 psi) for
driveways.
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TS-ll. PROPERTY RESTORATION:
The Contractor shall restore all property and facilities to a condition equal to or better than the
condition found prior to beginning construction. Such restoration shall include but not be limited to
regrassing with seed or sod, replacing trees/shrubs/flowers, replacing pavement, replacing sidewalk.sl
driveways, and replacing fences.
TS-12. MEASUREMENT AND PAYMENT:
a, Common Excavation and Backfill: No separate payment will be made for common excavation and
backfill. All such costs will be considered obligations of the contractor which are subsidi.ary to and included
in the contract price for sewer lines and appurtenances complete and in place.
b. Sheeting and Bracing Left In Place: No separate payment shall be made for sheeting and shoring
which may be necessary for the protection of the Contractor's work. All such costs will be considered
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obligations of contractor which are subsidiary to and included in the contract price for sewer lines and
appurtenances complete and in place.
c. Borrow for Backfill: Where excavated material is not suitable for backfill, payment for selected
refill material Type I will be made at the Contract Unit Price per cubic yard as set forth in the proposal and
shall represent full compensation for the furnishing, hauling and placing of the backfill material. The quantity
of borrow will be based on the computed volume in the trench as authorized by the Engineer.
d. Selected Refill Material: Select refill material to backfill unauthorized over excavation shall not
be measured for payment and all costs shall be included in the applicable contract lump sum or unit price
item in the proposal.
e. Bridges and Pallets: No payment will be made for the construction, placing and moving of
bridges across trenches to provide access to business establishments or for pallets and timbers used for the
protection of sidewalks and curbs and gutters. All such costs will be considered obligations of contractor
which are subsidiary to and included in the contract price for sewer lines and appurtenances complete and in
place.
g. Protection of Utilities: No separate payment will be made for work of materials or any costs
involved in the location, protection, repair or replacement of utility lines or connections of any kind unless.
specifically shown on the Plans to be removed or installed. Utility lines shall include but not be limited to
any water, storm, sanitary, or gas lines. All such costs will be considered subsidiary obligations of the
contractor which are indicated in the Proposal.
SECTION A-4
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SECTION B - SANITARY SEWER SYSTEM
TS-Ol. SCOPE:
This section covers the construction of sanitary sewers and appurtenant structures, complete.
TS-02. PERMITS AND CODES:
It is the intent of this section of the specifications that the Contractor's bid on the work
, covered herein be based upon the drawings and specifications and with all applicable codes and
regulations as amended. Notwithstanding any provision of the general conditions, there shall be no
substitution of materials that are not determined to be equivalent to those indicated or required in the
contract documents without an amendment to the contract
TS-03. TRENCIllNG. EXCA V A nON AND BACKFilL:
Trenching and backfilling is specified under section entitled "Excavating, Trenching and
Backfilling for Pipe Lines".
TS-04. SEWER MATERIALS:
1. SEWER PlPES: Except as otherwise shown on the drawings, pipe for sanitary
sewers shall be ductile iron pipe (DlP), or polyvinyl Chloride (pVC) pipe. Pipe
materials shall conform to the following requirements:
A. Ductile Iron: Ductile iron pipe and fittings will be used where indicated on
the drawings and will conform with the following specifications:
(1) Ductile iron pipe shall be designed in accordance with A WE
C150/ ANSI A21.50 and shall be Oass 350 for pipes 12" and smaller.
(2) Ductile iron pipe shall be epoxy-lined and shall conform to A WE
C151/ ANSI A21.5l (latest revision).
(3) The class or nominal thickness, net weight without lining and name of
manufacturer shall be clearly marked on each length of pipe. The letters
"DI" or "Ductile" shall be cast or stamped on the pipe.
B. Polyvinyl Chloride (pVC) Sewer Pipe: Polyvinyl Chloride (pVC) sewer pipe
shall be manufactured from virgin resin and shall conform to the requirements of
ASTM D-3034 with minimum classification of SDR-35 pipe. Provisions shall be
made for contraction and expansion at each joint with a rubber ring. The bell shall
consist of an integral wall section stiffened with two PVC retainer rings which
securely lock the solid cross section rubber rings ineo position. Standard lengths shall
be 20 feet and 12.5 deflection shall be 46 for all sizes when tested in accordance with
ASTM Specification D-2412, "External Loading Properties of Plastic Pipe by
Parallel-Plate Loading".
2. JOINTS: Joints for PVC pipe shall be in accordance with ASTM D-2855. Direct joints
between different types of sewer pipe shall be made using special transition fittings made
for the types of pipe involved. In cases where such fittings are not available, the
connection will be made using Cretex, Fernco, or equal transitional coupling.
3. FITIlNGS: All fittings shall be of the same quality and material as the pipe to be used.
Pipe classes shall be determined based upon the installation and the use intended.
SECTION B-1
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4. MANHOLES: The Contractor shall furnish all materials and shall construct all the
manholes required as a part of this contract, including the frames, covers and steps. Manholes shall
conform in shape, size, dimensions, materials, and other respects to the details indicated on the
drawings, or as ordered by the Engineer. Manholes shall have poured in place 3000 psi (28 day)
concrete bases.
5. PRECAST CONCRETE SECTIONS: At the Contractor's option, precast reinforced
, concrete manholes may be used. Ifused, precast manholes shall conform to the ASTM Specification
C-478 , "Specifications for Precast Reinforced Concrete Manhole Risers, Bases and Tops", with the
following exceptions and additional requirements:
A. Type n cement shall be used except as otherwise approved.
B. Sections shall be steam cured and shall not be shipped until at least five days
after having been cast. .
C. Minimum wall thickness shall be five inches conforming to ASTM C-478.
D. Acceptance of the sections will be on the basis of material t~ts and inspection of
the completed product. .
E. No more than two lifts holes may be cast or drilled in each section.
F. The date of manufacture and the name or trademark of manufacturer shall be
clearly marked on the inside of the barrel.
G. If precast bases are used, manufacturer shall provide to the Engineer, calculations
showing that the precast base as submitted will meet or exceed the weight required
to overcome buoyancy forces compared to the cast-in-place bases as detailed on the
drawings.
H. All holes for incoming and outgoing pipe will, whenever possible, be precast,
with pipe tie-in made using PSlO flexible gasket, manufactured by PressSeal Gasket
Corporation, or approved equal. In the event of the necessity of cutting new holes,
the holes shall be machined cored neatly and carefully so as not to damage the
structural integrity of the manhole and large enough to allow the insertion of a "K or
N Seal" or equal flexible rubber boot. Precast holes shall be flexible boot fitted.
1. Barrel joints shall be tongue and groove with preformed plastic meeting the
requirements of Federal Specifications SS-S-002l0, "Sealing Compound, Preformed
Plastic Pipe Joints" Type I, rope form, also known "Ram Neck". Eccentric manholes
cones are required Inverts shall be constructed of 3,000 psi plant mix.
J. Where corrosive conditions due to septicity or other causes is anticipated,
consideration shall be given to providing corrosion protection on the interior of the
manholes.
K. The minimum diameter of manholes shall be 48 inches; larger diameters are
required for large diameter sewers. A minimum access diameter of 22 1/4 inches
hall be provided
L. Outside drop manholes shall be precast and constructed for incoming lines having
invert 24 inches or more above the invert of the manhole outlet, witb DIP and tie
rods per Augusta Utilities Standard Detail No. 13.08.
SECTION B -2
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M. Drop manholes should be conslructed with an outside drop connection. Inside
drop connection (when necessary) shall be secure to the interior wall of the manhole
and provide access for cleaning. Inside drop connections shall be used only when
approved by the Utilities Department Engineering Division.
N. Due to the unequal earth pressure that may result from the backfilling operation
in the vicinity of the manhole, the entire outside drop connection shall be encased in
concrete.
6. CONCRETE BLOCK: Concrete block shall be sound, hard, regular and uniform in shape
and size, and satisfactory to the Engineer. Concrete block shall conform to ASTM
Specification C-139. Rejected concrete block shall be removed from the work promptly.
7. MORTAR FOR BRICK AND CONCRETE BLOCK WORK.: The mortar shall be
composed of portland cement, hydrated lime, and sand in which volume of sand shall
not exceed three times the sum of the volumes of cement and lime. The proportions of
cement and lime shall be as directed and may vary from 1: 1/4 for dense, hard burned
brick to 1:3/4 for softer brick. In general, mortar of Grade SA brick shall be mixed in the
proportion of 1: 112: 4: 112.
Cement shall be Type II Portland Cement conforming to ASTM Specification C150 and
used with an approved air entraining additive.
Hydrated lime shall be Type "S" conforming to the ASTM Specification C-207,
"Standard Specification for Hydrated Lime for Masonry Purposes", latest revision.
The sand shall consist of natural sand, manufactured sand, or a combination thereof,
conforming to ASTM Specification C33.
8. FRAMES AND COVERS: The castings for the manhole frames and covers shall be of
good quality, strong, tough, even-grained, soft cast or ductile iron, smooth, free from scale,
lumps, blisters, sandholes, and defects of every nature which would render them unfit for the
service for which they are intended.
All castings shall be thoroughly cleaned and subject to careful hammer inspection.
Ring and cover shall conform to USF-170 or approved equal and shall read "Sanitary
Sewer" .
Before being shipped from the foundry, castings shall be given two coats of coal tar pitch
varnish, applied in a satisfactory manner so as to make smooth coating, touch tenacious, and
not brittle or with any tendency to scale off. Tops and gratings weighing less than 100
pounds shall have an approved locking device.
9. MANHOLE STEPS: Unless otherwise indicated, manhole steps sball be copolymer
polypropylene plastic, reinforced with 1/2" Grade 60 reinforcement. The steps shall be
capable of resisting pullout forces of over 1500 pounds and impact of up to 300 foot pounds
with only minor deflection and no cracking. They shall be provided with serrated tread and
tall end lugs to prevent slippage forward, backward or sideways.
SECTION B -3
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TS-05. 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 and 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.
PVC gravity sewer pipe and force main shall be installed in accordance to ASTM D-232l,
latest revision. Ductile iron sewer pipe and force main shall be installed in accordance with A WW A
C-600, latest revision.
2. BACKFll..LlNG AROUND PIPE: As soon 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 one-fourth of the pipe diameter below the pipe invert. Selected
materials for this purpose shall be Gass I or II soils as specified in ASTM D-2321.
3. SEWER STRUCTURES: Appurtenant sewer structures shall be constructed according to
one or more of the following methods:
A. Masonry: Brick for manholes and other sewer structures shall be laid with shove
joints completely filled with mortar. Horizontal joints shall not exceed 2 inches, vertical joints 3
inches 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 wiped smooth with the face of the wall. The
interior of sanitary sewer manholes shall be plastered to a thickness of at least 2 inches.
B. Laying 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 dry as 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.
C. Plastering and Curing Brick or Block Masonry: Outside faces of masonry shall
be plastered with mortar from 1/4 inch to 3/8 inch thick. If required; the masonry shall be properly
moistened prior to application of the mortar. The plaster shall be carefully checked by being taped 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; and shall be protected from the weather and frost, all as
required.
D. Manhole Inverts: Manhole 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 inverts (where direction changes) shall be laid out in smooth curves of the
longest possible radius which is tangent to the centerlines of adjoining sewers.
SECTION B -4
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E. Drop 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
manhole base to the top of the incoming sewer. Diameter of drop manholes to be four feet at a
minimum.
F. Setting Manhole Frames and Covers: Manhole frames shall be set with the tops
conforming accurately to the grade of the pavement or finished concentric with 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 with the top of the flange and have a slight slope to shed water away
from the frame.
Manhole covers shall be left in place in the frames on completion of other work at
the manholes.
G. Setting Precast Manhole Sections: Precast-reinforced concrete manhole sections
shall be set so as to be vertical and with sections and steps in true alignment.
All joints and holes in sections, used for their handling, shall be grouted. The mortar
shall be one part cement to 1 1/2 parts sand; mixed slightly damp to the touch until it is dense and an
excess of paste appears on the surface; and then finished smooth and flush with adjoining surfaces.
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. A1I sanitary sewer, except building connections shall
be flushed with water in sufficient volume to obtain free flow through each line. A1I 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.
5. 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. If
water is in the trench when work is resumed, the plug shall not be removed until all danger of water
entering has passed.
6. JOINTS AND STRUCTURE RIGHTNESS: A1I 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.
7. FITfINGS 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 pureblooded gasket joint stoppers which conform with the same requirements as pipe
being used.
SECTION B -5
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S. SEWER -LlNE RELA nON TO WATER MAINS: Sewer lines and sewer force mains in
relations to water lines shall conform to the Augusta Utilities Standard Specifications. Sewer lines
shall have at least a 1 ~foot edge-to-edge horizontal separation from known or proposed water mains.
When a sewer crosses under a water main, there shall be at least IS-inches from the crown of the
sewer line to the bottom of the water main. If this vertical separation cannot be maintained, DIP pipe
must be used. A minimum 6-inch separation is required.
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 LlNES: Gravity sewer lines shall have a minimum
of four 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 Reef Industries of Houston,
Texas, or equal shall be installed during the backfill operation at a point one (1) foot below the final
finished grade.
The detectable tape shall be a 5.5 mil. composition film containing one layer of me tali zed foil
laminated 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 soil.
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 minimum height of 1.2 inches.
11. BORING AND JACKING: Where 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 workmanship will be in
accordance with the standards of the State Highway Department or local authority.
Boring and jacking under railroads will be governed by the latest AR.E.A Standards, Part 5,
"Pipelines" and those of the railroad involved
A Casing Pipe: The casing pipe shall conform to the materials standards of ASTM
Designation A-252, with minimum wall thickness of 0.219 inch. Steel pipe will have minimum yield
strength of 35,000 psi. Casing pipe shall be joined together with welded joints.
B. Carrier Pipe: The Carrier pipe shall be ductile iron as specified herein.
C. 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 one (1) inch, remedial measures will be taken as approved by the Engineer.
The sanitary sewer line shall be strapped to S foot long treated wooden skids with
metal straps throughout length of casing. The ends of the casing shall be sealed with brick and
mortar.
12. REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EQUIPMENT:
Where indicated on the drawings or required to properly place the work under this contract, as
SECTION B -6
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approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in
a manner as approved by the Engineer.
TS-06. INSPECTION lNFILTRAnON/EXFlLTRA nON 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 at least three consecutive days. The
amount of infiltration including "Y" branches, and connections shall not exceed 1 00 gallons per inch
diameter per mile of sewer per 24 hours for gravity sewer pipe. The amount of 50 gallons per inch
diameter per mile of sewer 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 water
necessary to maintain meter level in the highest manhole, shall not exceed 100 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 exceed for ductile iron pipe.
The sewer shall be tested before any connections are made to building or to active sewer.
The Contractor shall construct such weirs and bulkheads as many 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 establishes 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 ASTM C-828 latest revision
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 tope of the sewer and measuring the water loss over a 24 hour period.
TS-07. MEASUREMENT AND PAYMENT:
Measurement of pipelines shall be the actual number of feet of pipe installed, complete in
place and accepted. No deductions in length will be made for manholes.
Measurement of manholes will be the vertical dimension to the nearest tenth of a foot from
the invert of the outlet pipe to the top of the manhole cover ring casting.
Unless otherwise provided for in the special conditions of the contract, payment shall be
made on the following basis:
SECTION B -7
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1. Pipelines shaH be paid for at the unit contract price for every pipe size, type, and
depth range as shown on the Contractor's construction drawings.
2. Manholes will be paid for at the contract price, each, for the depth ranges shown
on the bid schedule. Drops will be paid for at the contract price, each for drops in manholes.
3. Concrete encasement will be paid for at the contact unit price, per foot, for the
actual length of pipeline encased.
4. Boring and jacking will be paid for at the contract price, lump sum, for
installation of casing and carrier pipe as shown on the details. Limit of carrier pipe shall be as shown
on the details. Price will provide all compensation for a completed installation including sand
bedding of the carrier pipe.
5. No separate payment will be made for any special fittings, tie-ins, connections,
denaturing, soil erosion protection, or site restoration, nor will any separate payment be made for
special bedding ofPVC sewer pipe.
SECTION B -8