HomeMy WebLinkAboutTobacco Road - Deans Bridge Road Interchange
Augusta Richmond GA
DOCUMENT NA~M tee; fooc/:--- !Xt2/lS J}; c1 e f8t2J
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DOCUMENT TYPE: t;J1J/, at!-I
YEAR: ;)D60
BOX NUMBER: I ()
FILE NUMBER: ) tJ tf f5
NUMBER OF PAGES:
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.'Prepared For: .. :-..'
. AU.GUSTA~~COM'MISSION'
~ '. /' ~ . - .;;
-~- '-':-'~BQh Young,/'Maybr '. : /-:: .
" ~ .
Lee tv- Beard, Mayor- fro Tempore
'v , , " . -Marion WiII~ams, District2 ".
., . ~~ J, Stephen'f5;. Shepard, District 3: .
"-. -'_~.Richard cdiclough,'Distnct 4 ~::.-
~:_j'-"Henry Brigh~!T!,_ Dist~ict5
. _.:: . Aridy.~Cheek, D[stfict6
- - J~rry ~.rif]f!-am, /District 7
U(mf?f: Briciges, District 8
Williari/ /-f~ MaJs, 11/, Super District 9
Willia..m. B., Kuhlke, Jr:,' Supe.,:. District 10
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~repared By:
"'2 .' .
JAIYlES G...SWIFT & ASSOC'IATES
Gonsuiting Engineers " .
1206 Ipterst~te Parkway
August.~., GA 3090~ _____~c~._
July 2000.
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DATE: 08/29/00 TIME: 04:05 PM TO: Patrick @ 17068681855
ACORl;t"CERTIFICATE OF LIABILITY INSURANC6. DATE (MMJDDIYV)
-, 08/09/2000
PRODUCER (770) 246 8300 (770) 246-8301 ,-~. DASAMM.IICMO ..
Sutter, McLellan & Gilbreath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3861 Holcotrb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Norcross, GA 30092-2205 INSURERS AFFORDING COVERAGE
INSURED Blalr Constructlon Inc INSURER A: Transportation Ins. Co.
Blair Properties, LlC INsunEn B: Transcontinental Ins. Co.
P. o. 'Box 770 INSURER C:
Evans, GA 30809 INSURER D:
I INSURER E:
PAGE: 002-003
COVERAGES
TIiE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO lliE INSURED NAMED ABOVE FOR lliE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF PNY CONTRACT OR OlliER DOCUMENT WITH RESPECT TO WHICH THIS CERTIACATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL lliE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'r~ TYPE OF INSURANCE POUCYNUMBER DATE (MM,OD/YY) DATE IMM.nDIYVl UMITS
GENERAL UABIUTY ~1035739868 U/31/1999 U/31/2oo0 EACH OCCURRENCE $ 1,000,000
X COMMEROAL GENERAL UABllITY flREpAMAGE (Any onanra) $ 50,000
f-- ~ QAlMS MADE [!] OCCUR
MEO EXP (/\rry ona person) $ 5,000
A ~
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ i~ooo,oOO
GEN'LAGGREGATE UMIT APPUES PER: PRODUCTS-COMP/OPAGG $ 2,000,000
. 11 POUCY rxl ~~ n LOC
AUTOMOBILE UASIUTY 1035739871 12/31/1999 12/31/2000 COMBINED SINGLE UMIT
'X (Ea accident) $ 1,000,000
ANY AUTO
~
AlL OWNED AUTOS BODILY INJURY
~ $
SCHEDULED AUTOS (per person)
B T
HIRED AUTOS BODILY INJURY
X $
NON-owNED AUTOS (per acddent)
-
- PROPERTY DAMAGE $
rp... "rrirl..-1t)
GARAGE UABIUTY , AUTO ONLY -EAAOOCENT $
=i ANY AUTO ,
OTHER THAN EA ACX:: $
AUTO ONLY: AGG $
EXCESS UABILITY ~1035739885 12/31/1999 12/31/2000 EACH OCCURRENCE $ 5,000,000
~'OCCUR - 0 CLAIMS MADE -- - - 5,000,000
AGGREGATE $
B $
~ DEDUCTIBLE $
X REfENTION $ 10,000 $
WORKERS CClMPENSATlON AND WCCI035739854 12/31/1999 12/31/2000 X 1~~LMNs I IUd~-
E"'LOVERS' UABIUTY 500,000
B E.L EACH ACCIDENT $
E.L DISEASE -EA EMPLOYE $ 500,000
E.L. DISEASE - POUCY UMIT $ 500,000
OTHER ~1035739868 12/31/1999 12/31/2000 $150,000 limit
eased and/or Rented
A ~uipments $1,000 deductible
~E~PT1ON OF OPEAA'TIONS,ILOCA'TIat/S/YEHIa..E8r'EXa..lJSIONS ADDED BY ENDOFlSEMENT/SPEOAL PROVISIONS
roject: Augusta-Richmond County Commission
Augusta, GA ,
Contract Amount: $66,116.88'
CERllFlCATE HOLDER I I ADDmONAL INSURED; INSURER UrrreR CANCEUATION
SHOULD ANY OFTHE.ABOVE DESCRIBED PWClES BE CANCEu.ED BEFORE THE
EXPlRA'TION DATE THEREOF, THE ISSUING COMPANYWlUENDEAVOA TO MAIL
~ DAYS WRITTEN NonCE TO THE CERTlFlCATE HOLDER NAMED TO THE LEFT,
Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCl-l NonCE SHAU..IMPOSE NO O8l.IGA'TION OR UABIUTY
Room 605 Municipal Building OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Augusta, GA 30911. AlITHOFlIZED REPRESENTA'TIVE '~-k c rr
Mark Jaynes CSP lUNDA,.,
ACORD 25-5 (7/'dt) RP 1988
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TABLE OF CONTENTS
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::::::::::::::::::::::::~:~:::mm:::::.:::;5:lt::::::::;:;::::::::.:.:.:.-"
Advertisement for Bids
Instruction to Bidders
ADV-1
IB-1 to IB-2
P-1 to P-3
88-1
NA-1
Proposal
Bid Bond
Notice of Award
Agreement
Performance & Labor and Material Payment Bonds
Notice to Proceed
A-1 to A-2
PB-1 to PB-4
NP-1
CO-1
GC-1.to GC-45
SGC-1 to SGC-2
SC-1 to SC-3
1 - 18
Change Order
General Conditions
Supplementary General Conditions
Special Conditions
Technical Specifications
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ADVERTISEMENT FOR BIDS
SEALED BIDS for the construction of 12" Water Main Relocation Project at Augusta, Georgia, including
together with appurtenances, hereinafter referred to by project name as
Tobacco Road - Deans Bridge Road Interchange
(Water Main Relocation)
Bid Item # 00-089
will be received by
AUGUSTA COMMISSION
hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until
'11 :00 a.m. on the 19th day of July, 2000, at which time all bids will be publicly opened and read in the presence of
those interested.
All work shall be in accordance with the contract documents of James G. Swift & Associates hereinafter
referred to as the Engineer.
Copies of the Contract Documents may be examined during regular business hours at the office of James G.
Swift & Associates, 1206 Interstate Parkway, Augusta, Georgia 30909; at the office of Augusta-Richmond Purchasing
Dept, Room 605 Municipal Building, 530 Greene Street, Augusta, GA 30911; and at the following locations:
The F. W. Dodge Division Plan Room Augusta Builders Exchange CSRA Business League
Augusta, Georgia Augusta, Georgia Augusta, Georgia
Copies may be obtained at the office of James G. Swift & Associates upon payment of Fifty Dollars ($50.00)
for each set. (Non-refundable).
Bids shall be addressed to Augusta-Richmond County Commission, c/o Geri A. Sams, Purchasing Director,
Municipal Building, Augusta, Georgia 30911, marking the envelope "Bid for Tobacco Road - Deans Bridge Road
Interchange (Water Main Relocation), Bid Item #00-089".
Bids shall be completed and submitted as described in the Information for Bidders section of the Contract
Documents.
A 10% Bid Guarantee, 100% Performance Bond, and a 100% Labor and Material Payment Bond will be
required.
It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the
work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost
of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and
provide ample opportunity for business growth and development.
No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids.
The Owner reserves the right to waive any informalities in bidding and to reject any or all bids.
Geri A. Sams, Purchasing Director
Advertised in Augusta Chronicle: 6/23, 6/26, 7/5, 7/10
Advertised in Augusta Focus: 6/29
ADV-I
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INSTRUCTION TO BIDDERS
IB-01 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. ':!o,
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period
of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.
IB-02 EXAMINATION OF WORK:
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work,
the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all other matters which can in any
way affect the work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or
modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRETATIONS:
No interpretation of the meaning of plans, specifications or other prebid documents will be made to
any bidder orally.
Every request for such interpretation should be in writing addressed to the Director of Augusta Utilities
Dept, 2760 Peach Orchard Road, Augusta GA 30906, and to be given consideration must be received at least
five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified
mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such
purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the Contract Documents. .
IB-04 PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing the
bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all
items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words
"no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as
such, and shall not reveal the total amount of either the original or revised bids.
. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations
will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the
corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the work
called for under the accompanying contract, and in the manner set forth and described in the specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the
responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a
.r,'
IB-l
proposal, unit bid prices shall govern.
IB-06 BIDDER'S QUALIFICATIONS:
No proposal will be received from any bidder unless he can present satisfactory evidence that he !~ _
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate
envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications. The Owner may
make such investigations as are deemed necessary to determine the ability of the bidder to perform the work
and the bidder shall furnish to him all such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or
investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations
of the contract and to complete the work contemplated therein. Part of the evidence required above shall
consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder
has done similar work.
IB-07 PERFORMANCE BOND:
At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose
of such contract, conditional for the payment as they become due, of all just claims for such work, tools,
machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on
account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond
shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the _
State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy
of the power of attorney.
IB-08 REJECTION OF BIDS:
These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The rightis reserved, however to waive any informalities in bidding, to reject
any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the
best interest of the Owner.
IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT:
It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified
minority and economically disadvantaged businesses in the contracted work of County Government.
In an effort to support this intention, this project is offered to 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 economically disadvantaged firm. If
the firm does not fall into this category, no information is necessary.
!B-2
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PROPOSAL FOR
Tobacco Road - Deans Bridge Road Interchange
(Water Main Relocation)
Augusta Commission
Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned as bidder, herein referred to as 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, including the drawings
and technical specifications;
3. He understands that information relative to existing structures and underground utilities as
furnished to him on the drawings, Contract Documents or by the Augusta Utilities Dept.
Engineer/Director, carries no guarantee expressed or implied as to its completeness or accuracy
and he has made due allowances therefor;
4. He has made a personal examination of the site of the proposed work and has satisfied himself as
to the actual conditions and requirements of the work;
5. He agrees to hold the Owner harmless for accidents or damage to property;
6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos
containing material removal and disposal; Regulations regarding disposal of all debris; OSHA
Requirements.
7. He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal
Form.
8. He will maintain the site as reasonably clean as possible by not allowing debris to accumulate
before making trips to his disposal site. Debris must be hauled on a regular basis to avoid
excessive accumulation. Materials sold for salvage shall not be retained on site.
9. He will not burn any materials on site without written approvals from proper authorities.
10. He will furnish the Owner with a detailed schedule of demolition and removal including disposal
sites, names of all subcontractors, State and local license information.
and hereby proposes and agrees that, if the Proposal is accepted, he will contract with the Augusta
Commission to furnish all machinery, tools, apparatus and other means of construction and to do all work
and furnish all materials called for in accordance with the requirements of the Augusta Utilities Dept.
Engineer/Director and the true intent of the Contract Documents and that he will take in payment for each
item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below.
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
(Note: Bidders must bid on each item in tlte Bid Schedule.)
1.
2.
3.
4.
5.
6.
7.
8.
9.
tt~~~~~~f:lli'!I\'
If.- ~
54- 5 i!4-
.14- 093
lt3
12" Water Main 2115 LF
12" x 6" Tee 2EA
12" - 22%0 Bend 2EA
12" - 450 Bend 2EA
6" Valve 2EA
12" Valve 1 EA
Fire Hydrant 1 EA
Water Service 4EA
Remove Exist. Fire Hydrant
and 6" Valve 1 EA
Tie-in To Exist. 6" Water Main 1 EA
Tie-in To Exist. 12" Water Main 2EA
Temporary Road Patch (1) LUMP SUM
Temporary Driveway Patch (4) LUMP SUM
Clearing & Grubbing LUMP SUM
Soil Erosion & Sediment Control LUMP SUM
Grassing Disturbed Areas LUMP SUM
Construction Staking LUMP SUM
Reproducible As-Built . LUMP SUM
S"t...
4rv ti-. -
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4- Co, ~ -
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275 i!?-
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24- 35" 9'1-
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14'10 ~
108 '" 4-8
935 !.!:
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173'S- ~
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109 L 90
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2/00 ,",0
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lotf. :;- 4-0
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4770 4D
20 3' 0 4-0
27&(.;, 4v
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/4-90 4&
/4-90
4-0
Performance Bond
LUMP SUM
a1llawawI_
* Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids.
While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor
to check all items of construction. Any work shown on plans but not included in the above items shall be considered
incidental work and therefore should be accounted for by the Contractor in the above items. There will be no separate
pay item for work not specified above.
.
.
- The Contract covering the construction of all work described above will be completed within 120
calendar days from the date specified in the "Notice to Proceed" for: 5.''''7 ~:",:J:.~,::;c.r~ff'jru:~' Dollars
($"'- il4>~tsubject 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 $
200.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.
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.
.
It is understood that the Owner reserves the right to reject any or all proposals or to accept an
proposal as deemed to be to the best interest of the Owner.
It ;s also understood that the following addenda as issued during the bid period shall be included ,:;
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 satisfactory performance and payment bonds in the amount equal to one
hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in
the amount of 5':... fh~...;,.,,1 '5",,.. 1I",~.,I.."rI el.....,....., Dollars ($ fP, wi i w.!) being not less than ten percent (10%)
of the total base bid sum. f ""'l',oO '
Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in
case this proposal is accepted, the Owner shall have the right to receive 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 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 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 Bonds.
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
Name & Georgia License Number of Contractor:
-;3/c-,> C:;;,...>r.~",C'. f, UV'I ::z::;.~,
/
tLc. 3c.'o IDO
GA Utility Contractor License #
Name of Bidder
. 't. J,' .
U).J!i L'l'.............. If rvkL- ~LN"'" Pi!E5IPEH'T "
Signature & Title of
Authorized Representative
,--., --::>
~O. Dc>>/- 770
Business Address
c: ~ 7&8D7
~v'c.-.4S C-:;:;oeo"47"'CL J'
,
City and State '
Date: 7/11 jtJc
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THE AMERICAN INSTITUTE OF ARCHITECTS
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"","" Document A.310
Bid Bond
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PO Box 770, Evans, Georgia 30809
is Principal, hereinafter called the Principal, and
KNOW ALL MEN BY THESE PRESENTS, thalwe Blair Construction, Inc.
lH,... '"\1''' ',,11 """"" ."'d ...J:)'f'\\ 01 It,., 1111, 01 Co"'''u:o'
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National fire Insurance Comp,any c:
'....", ,nUll 1",11 ^,-, 'l'\tJ .dd'fH 0' Ifl.1 'iI f 01 i.'f'"
Hartford, CNA Plaza, Chicago, Illinois 60685
I corporation duly organIzed under the laws of rhe Slate of Connecticut
as SurelY, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County
....,., ''''f.f ''111 ".M. '^" .fJlI,,\. 0' "", "ll, 01 CJ...."".
Augusta, Georgia 30911
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Commission, 530 Greene SbJMunicipal Building,
as Obligee, hereinafter called the Obligee, in the sum of
Ten percent of amount bid
Dollars ($ 10% of Bid I,
for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind
ourselve:, our heirs, executors, adminl5lrators. SUCCC5S0rs and HSlgns. lo'nl:-{ a'id Severa "l. jllr'nl'{ ;;,
these presents,
WHEREAS, the Principal has submitled a bid (or
Tobacco Road - Deans Bridge Road
11'("11' ''''l''l 1"11,,.1""", '''~Cl,,'''' ""U Ul'\(I'r,I.(,,., 1,1 :.... ,.'
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Water Main Relocation
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NOW, THEItEFOIU, 1/ lhe Obl/,u Ih.I/ .ccepl the bid or Ihe Princ'pal .nd Ihe P,inC'D.1 In.'' tnltr into. COnl,,,1
....tlh the Obliscc in Hcord.nce wilh Ihe lerml 01 Iveh bid, ."~ ~'.~ I,,(r. (H,"e! c.;' b()"~\ II "'J'I :)1" 'o~c,I'cd ,~ '''c l1'do.~~
or Conlr.CI Dncvmenll WIII"l sood .nd IvH/c'cnl lurely '0' Ir.,~ "oI'-!", Il~"o",.,nl" "I I....C... ('<"-",'CI i"d 10' !,,~ orrl"",j'
Piymenl 01 I.bor .nd m"e".1 fvrnllhed I" ,he P'I,)H',.II,on In("~n' \I' ," '''r ('vI....' ~." In,. 'J':"'" "~I rhc P"""OI' If) o-'~'
luch Conll'CI .nd Slve IVCn bond 0' bondi, " Ihe PllnC,p,1 In,l: :Jh 1('1 'lor ()IJI'bC'I' It,(, tJ,II("r",.. "'>I 'II "'(ceo "'C ;JI'''I''..
hereof belwecn lhe .mOunl lpecified il'l uld bid '/'Id luch I.,~~, ""C\'.,'" ',.., ""n,C'n ,"c OIJ1'l!rl' ""Jv ,n &c,od Ill'" (':)""1;'
wilh .nOlher OHly 10 pff/e,m Ihe Wo,k covolcd by Illd hid. It>~" ,n,\ Clhl,g...,n.. ,h." bc null ,nc) vC'd, olhr/""'''IC 10 ,~,..."..
In full lo,ce .nd eHetl.
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Signed and sealed this
19th
day of
July, 2000
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s --:v~
~..:i::-
(W/lnllSJ)
8lair Construction, Inc.
I. (PrinCiPIIA, -
LJJA {)~I'~1A,,^ R ~ I;-~A-~'"
( I ,)
(Sui)
, ,
-?eE~/i>8Jr "
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~4.4:,{)
(wir1s)
National Fire Insurance
f (Surery)
I Au ,I( / "~
Buck Leigh . ( Ie)
Company' of Hartford
(Se./)
.
.
Accorney-in-Fact
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.414 OOCUMfNT 4'10. elD BOND, ^'^ ~. nBRU...RY 1970 fD . THf ,~""'(~I(',o\"
''''PIT\,nt 0' "'~C/'1ITECT). 17)5 N.Y. ^Vl.. N \\. """,S,.II",C IU'" ;) l ..'H,
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing
corporations having their principal offices in the City of Chicago, and Slate of Illinois, and that they do by virtue of the signature and seals
herein affixed hereby make, constitute and appoint ..
James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A, Weathersby, Individually
of Columbia, South Carolina
their true and lawful Attorney(s)-in-Fact with 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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and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereo( 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
State of Illinois, County of Cook, ss:
On this 28th day of October 1999 ,before me 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;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows 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 authoriiy,
and acknowledges same to be the act and deed of said corporations.
............................ >> ~
: .OFFlCIAl SEAL. :
: DIANE FAUU<NER :
: Notary PubIIa. Stat. of Inlnole : ~., ~
· My CammlIIion ExpIta 9/17101 :
S...........................
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CERTIFICA TE
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
/!1/J4tftt1' tI ~
Marvin J. Cashion
Group Vice President
My Commission Expires September 17, 2001
Diane Faulkner
Notary Public
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above 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
said corporations this 19th day of July ,2fJJJ .
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~a
(Rev. 10/1/97)
Mary A. Ribikawskis
Assistant Secretary
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NOTICE OF AWARD
TO: BLAIR CONSTRUCTION, INC.
PROJECT DESCRIPTION: Tobacco Road - Deans Bridge Road Interchange
(Water Main Relocation)
The Owner has considered the BID submitted by you for the above described WORK in response
to its Advertisement for Bids and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of $66,116.88.
You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's
Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date
of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled
to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this
day of
.2000.
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ day of
,2000.
BY:
TITLE:
.
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AGREEMENT
THIS AGREEMENT, made on the :fE!::: day of S/e7Jr9l~ 2000, by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, party of the first part, hereinafter called
the OWNER, and BLAIR CONSTRUCTION, INC., party of the second part, hereinafter called the
CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as
follows:
ARTICLE I - SCOPE OF THE 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:
Tobacco Road - Deans Bridge Road Interchange
(Water Main Relocation)
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" - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 1 0 calendar days after
the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within
120 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 CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof
within the time specified. It is expressly understood and agreed by and between the Contractor and the
Owner, that the time for completion of the work 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
WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the Owner the sum of Two Hundred & No/100
($200.00) 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.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
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ARTICLE III - 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 of Items. No variations shall be made in the amount except as set forth in
the specifications attached hereto.
(B) . Progress Payment .
On not 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 made such inspection, and when he finds the work acceptable under the
Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature,
stating that the work required by this Contract has been completed and is accepted by him under the
terms and conditions thereof, and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said
final certificate.
(B) Before final payment is due, the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid,
except that in case of disputed indebtedness of liens of evidence of payment of all such disputed 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.
(0) If after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon
certification of the Engineer, and without terminating the Contract, make payment of the balance due for
that portion of the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
A-2
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in four (4) counterparts, each
of which shall be deemed an original, in the year and day first mentioned above.
BLAIR CONSTRUCTION, INC.
(SEAL)
ATTEST: . , ~. -:
'ft', ~ "1n -.J~:;"<--' ..'~
Secretary :,-.,: ~, '-~: ~ ;,
t:._ ~ ~". ';::- _
~..t- ~. --:n~ - ..;-~~. .'
Witness . - .
By:j1J",,'Q/~ f .~
As its President
Address: POBox 770
Evans GA 30809
A-3
-(~ y
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THE AMERICAN INSTITUTE OF ARCHITECTS
929 162 298
AlA Document A311
Performance Bond
KNOW ALL MEN BY tHESE PRESENTS: that Blair Construction, Inc.
lli.., "'\111 lull Mmt ,"d ,dd,," o. 10'" hilt 01 CO""O('o',
PO Box 770, Evans, Georgia 30809
as Principal, hereln~ft~r called Contractor, and, National Fire Insurance Company of
Ckt., ,n'.'1 '",11 nun. end ,dd't" 01 ",., hll.. 01 h".. ''r I
Hart'ford, CNA Plaza, Chicago, Illinois 60685
as Surety, hereln.fter called Surety, are held and firmly bound unto Augusta-Richmond County
(HII' '"'tll lull II,mt .,"d ,dd/," 01 It." Iollt 01 0.......
Commission-Council, 530 Greene St.!Municipal Building, Augusta, GA 30911
as Obligee, hereinafter called Owner, in the amount of Sixty-Six Thousand One Hundred
Sixteen and '88/ 1 OOs--------------~-_____________ Ooll.rs ($ 66,116.88 ),
for the payment whereof Contrilctor and Surety bind themselves, their heirs, executors, administrators.
successors' and assigns, jointly and severally, firmly by lhese presents.
WHEREAS,
Contractor has by written agreement dated
lHtlt in,.,. lull nlmt, Idd'tll Ind dOICllplion 01 projtcll
19
, entered into a contr~ct with Owner for
Tobacco Road - Deans Bridge Road Interchange (Water Main Relocation)
In accordance with Drawings and Specifications prepared by
. \HtI' In"" 1...,11 nun, .nd .dflt,,, 01 If I" hilt 01 ^'('''lIt,CI.
,I
wliich contr.ict is .by reference made a part hereof, and is hereinafler referred to as the Conlract,
C/S ~ 14/ UUd/Jv/ ttb. d-yc4---.. GI\ rasid;nt cg;nt
"I" DOCUMENT "311 . rERrOR,~'ANCE BOND AND lABOR ^N(') "'^TrRIAl PAYMrNT 801\0 ' AlA (!
,/ IUUARY 11)'0 10 ,THE ^MrRI(''''''' INS11TVTE or ^RCHITCCI\. I" 1\ " \' ^"I ,N w, W^\HI-"I(,lr IN, 0 C 2ClOOt.
'1
"0
PERFORM"ANCE BOND
" - ., I. ._
"'ow. THflrroRC. THf C:ONOITI~N 0' .,HIt O'llC:ATIO~ Inuch Ih)l. '''Conlr.Clor ,h." prnmplly..nd f"lhfu1'y p~r'orm
I~id ConlrHI. Ihtn Ihil obllg~llon Ih~1I br null .nd 'Vo.d. gin!"'...."\" 'I.,,~~II 'f"'.." ,~ 'vll 'o'er ,"d rHec'1
Th. Surety hereby Wllv.. nol/c.o' Inv "I,r'llon or
rllcnJlon ,01 timr mid, by ,hr Ownrr.
Whenever Contr,ctor sh,lI be, Ind declued by Own..
io br .n deliull under the Contr.,C. Ihe OWnfr hl'V,na
perlorm,d Own,r's oblia.lions Ihereunder, Ih, 5ulfIY
m.y promptly lemedy Ihe de/'u/l. or, ,h.1I promplly
" COmplel' lh. COnlr.CI In .ccord.ne. wllh lit lelm,
.nd condition., or
2) ObI. In I bid or bid, for complellnl Ihe ConlrlCI in
"cord.ncc wilh 'II lerms .nd condWons, .nd upon dc-
lermin~lion by Surely 01 lhe lowes! responsible bidder.
or, if lhc Owner cl"U, upon delC/minillon by lhe
Own" ,nd the Surely loinlly of Ihe lowell relponsibl,
bidder. Winge lor I conlriC! belween such bidder .nd
Owner. .nd m.kt .y.il.blr IS Work pr08,eues lev,n
Ihouih lhere should. be . de/lull or , succmion 01
,I.
"
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Slaned and sfaleet .thl.
d.y o(
."'.
~*- $',~.1L-
IW;lnl'J~'
~Li~;' ~~tJ.LJ
IWII^I')))
oJ ,.
def,u'" under .he cO~lrac' or conthch 01 compl.tibn
.".nged under In.\ P.'JIl,.pnl \ufo('(lcnl lund\ in p.y !..~
cou of complelion leu Ih~ b.linc:e ollhe con".e. pUCt'.
bv/ no/ tllCtedinll. .ncludinll nthe' (C'I\I\ .nd d.rn"~t"
101 \ll>h.ch lilt SUIe'I... m.... bl' 11.\)1(' hc'cunOel. Ihe .mu...~
It' 101/h ,n Ihe 111\1 ""41:,.on h,'<,ol Th, I"m "b.IJ"'t,
01 'he conrlHI P"lt," H u\ed .n lh., p."i'.pn, \...~,
mun .he 101.1 ,mounl IH....b/t bv Own., 10 Conlr~CIO'
und~1 Ine ContllCI ."d ,n., oJ"...~"dm~"I, I..~,,,ln, ,''\\
Ihe .mounl ploptrly p..d by Own" \0 ConlrolCIO"
^"y ,vi' undel Ihi\ bond mv\. be' ''','il\'/led b"toror
Ihe exp"."on 01 IwO 111 "'l"" I.om Iht d.le on wt'..(.
11n."p.ymenl under Iht ConllHI 1.11\ d\lt'
No I/ghl 01 .C110n ,h.1I Hcrue on Ih., bnnd 10 0' 'n'
Iht Ult 01 Iny PC01\0" nr ('olpollr.o" Olnco, In.,, '"''
0"""('1 ".mtd htlt.n nl Ihe htll\. tHCulor\. .d"""'\
11.101\ 0' \UCCfHor, 0' Ine Owner
..
<'
..0' ....,;'
.r
,
Blair Construction, Inc.
....... '"
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-...0~
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~ ~-'- ....!.'~,II
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7fffll !J~~"
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{ 'I'rrn\'/I"/' ~ ....,
. U)~.Qj, ~~_~:>""
. Tillrl
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National Fire InsurlmCe ',Company __p; Harlt+ord
. ....,;:~. -~-----""-
{ 'I.~I"I"I" .~~..r ~" ,~~.Io
'~~h L d:.9.4.u", ~~(~'. .
'~~~9~eY-1n-F~ct
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AI. .pocvMfNT 4311 ' I'rlfCllI,AANcr BOND AND IABn. AND lo.o4A HIIAI 'AYlo.o4(IooIT 80"'ln I AlA .-
. I A.~ ~ ,I' \ '1' I: L i ~ . i...1 4..... L . . ~ ..."" .,.,. \ 111 U T l () I ".: r It: : l to: I' ..; '. '.' "'. I ...., .... '," .. ." . . .. . . 0.1-.,1.,
~ .,
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THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A311
labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERrORMANCE BONO IN FAVOR or THE
OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Bla i r Construct ion, Inc.
IHe/~ in\ef\ full n.me .nu IUd/ell O' lec"' l'lle 01 ConOlICIO',
PO Box 770, Evans, Georgia 30809
as Principal, hereinafter called Principal, and, National Fire Insurance Company of
(He,e inUfl lull nimr .nd ,ddfru 0' ItG.1 Itlle 0' Su":!',:
Hartford, CNA Plaza, Chicago, Illinois 60685
as Surety, hereinafter called Surety, are held and fi'rmly bound unto Augusta-Richmond County
IHe'e in\e.1 lull Mme .nd Idd't\\ O' leCl1 l.llt 01 Owne.,
Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911
as Obligee, hereinafler called Owner, (or the use and benefil of claimanlS as hereinbelow d€'fined, in rhe
( Si*ty-Six Thousand One Hundred
amount 0 Sixteen and 88/100s
(HtI. Inltlr I lum .quII 10 II lUll one.I,,1( of Ihe conl'HI prier) Dollars ($ 66,116.88 ),
(or the paymenl whereof Principal and Surety bind themselves, lheir heirs, execulors, adminiSlrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
(Her. IMell full nlme, Iddrell .nd delc.lplion of prolocll
19
, entered into a contract with Owner (or
Tobacco Road - Deans Bridge Road Interchange (Water Main Relocation)
in accordance with Drawings and Specifications prepared by
IH~'e in\~rl luU nlme .nd Iddre\\ O' le,.1 lille o( A,ch.ieCll
which contract is by reference made a part hereof, and is hereinafter referred to as the Contrac!.
AlA DOCUMENT A311 . PfRFORM^,,~CE BOND AND IAHOR AND MATERIAL PAYMENT BOND, A'A (!)
HBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF :\RCHlflCTS, Ill:; N Y AVe., N W., WASHINCTON, 0 C ]000&
J
.J
WARNING: UnllcenMd photocopying vlolatea U,S. copyright IlIWt and II lublll(;t to 1ll9al prosecution,
LABOR AND MA:rER'~L PAYMENT BOND
"
NOW. 1ltllUCllll. 1MI COHOlTlnN 0' THIS OILICATlnN 1, Juch Ihll. If "rlnclp~' ,h~1I prumplly mlllte ~~vment 10 alt
cl~lm,.nll ~I hCtcin~f\cr d,erincd, for alll~bo' .nd m.1IC'Ii:d Ulcd 01 ICl1ona,bly-'equi1ed (I'll u1e '1'1 Ihe pe"Ol"...~n~t 01 '~~
eOnlrH.'l. IlIen 11'11\ obli~Hion ,h~1I b. void; oiheiwile il Ih)1I remain in fulllorc( ~nd eHecl. lublCCI. ho......e...c'. 10 InC fo..
IQwinA condiliOnJ; .
,. A ('him~nl 11 denn,d II on. hiving a dlrtcl con.
lrHl wilh the Principii or wilh . SubconlrHlor 01 Ihe
PI'I'IC'r>11 IUI l~l.lor. m~leri.I, or bOlh, uud or r~JlonJhly
ICQUl/CcJ /01. llle in the perlorm~n" '01 Ihe Conlr~C1.
I.bol .nd I'I'lJI"/tJI beinlt conslru,d 10 Include IhJI pHI 01
w~'t" li'I, (lower, lighl, hut. oil. IlHolinc. lelc-rhonc
It,viet (.)1 Itl'llJI 01 eQui(ll'l'lenl dir,Clly .ppliOblt 10 lilt
COI'IIIHI, '
2. Tht ~bnve n~me\J Principal and Surtly htlC'by
J/')II'II\y HIl.J 1('\'erJlly J~ltt wilh Ihe Ownl'r IhJI ev/:ry
,I~im.nl ., Ill"('in ddined. who h~, 1'101 been f'lJic1 in
filII uelo,e Ihe txpi'.lion o( a pfliod n( niMly (qCl)
chYl ,'(Ir' '"e IJ.IC on which ,hll IUI 01 IlIeh c\,\im","'.,
wor~ or IJbOI .....H done or ptr(nrm,d, or m~lf'ri.>l\ Wt'It'
lurnilhed b( lueh ,1.lm~nl, m~y III" on Ihis bond. 10'
Ih, Ulf 01 luch cl.>jmJnl, prnucule the \Vii 10 lin,,'
iudS'menl lor luch ivm nr ~\lml H m~y be jvstly dv~
clail'l'lJI'II, Jnd h,\v, u('C'ulion ,I\flton. Tht Owner \11.>11
nOI Dt li)DI, lot Iht p~ymtnl o( ~ny COSll or CX/it/lIl'1
01 ~Qy Iveh luil,
), Nn luil 0, Hlion ,"~II bcr comm.nced hrrcl.lndl.'1
by ~;.,y cl"im~nl:
~I UnltU cl,)ilTl~I\I, 01"" Ih~n un. h,)vlns ~ direct
con If HI wilh lheo PrincilHl, ,h~1I h~ve given wrillen
l'Iolice 10 Jfly IwO 01 Ihe ICJllowina: Ihe t'rincipJI, Ihe
Owner, Or Ihe SlIrely ~bov, n~mec1, within nincly 190>
d"yl "llff Iv,'h clJimJnl did or peorlormed Ih!! hll 01
Ihe .....orx 01 IAnnr. or furnilhed the IHI or Iht maltti)1s
for 'which IJid claim il m~de, 11~linB wilh IUbIIMli.l)
Si,n.d ~nd .14~ltd Ihls
dlY or
~ -.L.. ------- , J
~ S. .fl~
Iwi/nl'U}
~r>:~.~~
(W;lnc'ul
!
.1
'C'C'Urlcy Ih, ~mounl claimed ~nd Ihe n~mc or Ihe pHly
10 wnom Inc mal~liJII "",l"l' 1IIII'Iilnt<.1. 0' 101 wl-o,.,..
Ih~ worle or labor wal dO"I' 01 oellolml'rl Such r:OIICt
11'1.11 bt se"'ed by m~ilinli "'.c ,.,me b.,. "'S'I,c'ed mJ,i
or Ctrlj{ied mail, POII.lG~ nll'nald. in J" ('''vtlope ad.
drrlled 10 Ihe Plinc'p~J. O-I'\C' 0' SV'CI.,. J' Jl"\v pl~CC
whele In ofricc i\ 'tl:ul~'ly mJII'IIJ,nC[\ 10' '''t "'''1'
.C1ion 01 bvsin'II, 01 se,vcd In ~I'IY. ~J''''CI '" w/'\,c"
"i" pro".. m.y b, urv,d In lhe Il~l, In whiCh I",
~'olfujd pro],,, Is 'c)c~lrd, IJV' Ih.lI Ivell I,rvice need
1'101 bt m~d~ by ) pvbli( O{/,(('I
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01 such litn be prelenled ul'der ."d l&J'1\11 Ihil bo"o
Blair Construction, Inc.
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PERFORMANCE BOND
(NOTE:THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB.:3, IN FAVOR
OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAl.)
KNOW ALL MEN BY THESE PRESENTS:
That
, as Principal, hereinafter called Contractor, and
, a corporation organized and existing under the laws of the State of
, with its principal office in the City of
, as Surety,
, State of
hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter
called the Owner, in the penal amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written
agreement.
WHEREAS, Contractor has by said written agreement dated entered into a Contract with
Owner for the construction of Tobacco Road - Deans Bridge Road Interchange (Water Main Relocation),
Augusta, Georgia, in accordance with the drawings and specifications is~ued by James G. Swift & Associates,
which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or
shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the CONTRACT falls due. .
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* b 10 5 W~I @ N9~~~t6f~~orfm'a'~6ffit<%c;, -i-t~is l>~~&Tcr~r ffi~rhWt~~ %1~~~pert686~pJl~ti&r ~th~Pt~Q~
the Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this
day of
A.D. 2000..
(Seal)
(Contractor)
By (Seal)
(Title)
(Seal)
(Surety)
By (Seal)
(Title)
Witness
Attest
Witness
Attest
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
PB-2
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LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-1, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
That
I as Principal, hereinafter called Contractor, and
I a corporation organized and existing under the laws of the State of
_, with its principal office in the City of , State of , as Surety, hereinafter called
Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter called the Owner,
for the use and benefit of claimants as hereinbelow defined in the amount of
_Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated entered into a contract with
Owner for the construction of Tobacco Road - Deans Bridge Road Interchange (Water Main Relocation),
Augusta, Georgia in accordance with drawings and specifications issued by James G. Swift & Associates,
which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use
in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force
and effect, subject, however, to the following conditions:
(1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the
Contractor for labor, material, or both, used or reasonably required for use in the performance of the
contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute
the suit to final judgement for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall have given
written notice to any two of the following: The Contractor, the Owner, or the Surety above
named, within ninety (90) days after such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials
were furnished, or for whom the work or labor was done or performed. Such notice shall be
served by mailing the same by registered mail or certified mail, postage prepaid, in an
envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly
maintained for the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save that such service
need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor ceased work on said
CONTRACT, it being understood, however, that if any limitation embodied in this bond is
prohibited by any law controlling the construction hereof, such limitation shall be deemed to
be amended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political
PB-3
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.
Signed and sealed this day of A.D. 2000.
Witness (Seal)
(Contractor)
Attest By (Seal)
(Title)
Witness (Seal)
(Surety)
Attest By (Seal)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
PB-4
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NOTICE TO PROCEED
TO: BLAIR CONSTRUCTION, INC.
DATE:
PROJECT: Tobacco Road - Deans Bridge Road Interchange (Water Main Relocation)
You are hereby notified to commence work in accordance with the Agreement dated
,2000, within Ten (10) calendar days following this date, the date first written above,
and you are to complete the work within One Hundred Twenty (120) consecutive calendar days after the
date of this notice. The date set for completion of all work is therefore
,2000.
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO .
PROCEED is hereby acknowledged
and the same is hereby accepted
on this
day
of
,2000.
BY:
TITLE:
.
.
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WORK CHANGE ORDER
Order No.:
Date:
Contract Date:
NAME OF PROJECT: Tobacco Road - Deans Bridge Road Interchange
(Water Main Relocation)
OWNER: Augusta Commission
CONTRACTOR: Blair Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
JUSTIFICATION:
Original CONTRACT PRICE: $66,116:88
Change to CONTRACT PRICE:
The new CONTRACT PRICE including this and previous CHANGE ORDERS will be:$
The CONTRACT TIME will be (increased) (decreased) by _ calendar days.
.
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GENERAL CONDITIONS INDEX
ARTICLE DESCRIPTION GC PAGE
#'S
1 Definitions 1 - 4
2 Preliminary Matters 5-6
3 . Contract Documents; Intent, Amending, Reuse 7-8
4 Availability of Lands, Physical Conditions; Reference Points 9 - 11
5 Bonds and Insurance 12-15
6 Contractor's Responsibilities 16 - 22
7 Other Work 23
8 Owners Responsibility 24
9 Professional's Status During Construction 25 - 26
10 Changes In The Work 27
11 Change of Contract Price 28 - 31
12 Change of Contract Time 32
013 Warranty and Guarantee; Tests and Inspections: Correction,
Removal or Acceptance of Defective Work 33 - 36
14 Payments to Contractor and Completion 37 - 41
15 Suspension of Work and Termination 42 - 43
16 Dispute Resolution 44
17 Miscellaneous 45
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GENERAL CONDITIONS
ARTICLE I . DEFINITIONS
Vvherever used in these General Conditiqns 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 of clarifications of the Contract Documents which have been duly issued by
COUNTY to prospective Bidders prior to the time of opening of Bi~s.
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 sup-porting
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.
ChangeOrder 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 lime, issued on or after the Effective Date of the Agreement.
Contract Documents The Agreement, Addenda (which pertain to the Contra.ct 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
3.4 and 3.5 or after the Effective Date of the Agreement.
Contract Price The moneys payable by OWNER to CON-TRACTOR 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)'C>r 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 Commission, and its authorized designees, agents, or employees.
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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 Years Day, Martin Luther King Day,
Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and
Christmas Day. "
Defective
An adjective which When modifying the word Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents, ordoes not meet the requirements of any -
inspection, referen'ce"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 showthe character and scope of the Work to be performed and which have been
prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement
The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed -
by the Mayor of the Augusta, Georgia.
Field Order A written order. issued by PROFESSIONAL that modifies Drawings and Specifications, but which does -
not involve a change in the Contract Price or the CO,ntract lime.
General Requirements
Sections of Division I of the Specifications.
Laws and Regulations: Laws or Regl!la~ons Laws, rules, regulc~tions, ordinances, codes and/or orders.
Notice of Award
The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the appar~~t 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 lime 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 Commiss~on.
Partial Utilization
Placing a "portion of the Work in service for the purpose for which it is intended for a related
purpose) beforereachin9 Substantial Completion for all the Work.
Professional The Architectural/Engineering firm or individual or in-house licensed person designated to perform the
design and/or resident engineer services for the Work.
Project
The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract Documents.
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Project Area The area within which are the specified Contract Umits of the improvements contemplated to be
constructed in whole or in part under this Contract. '
Project Manager
The professional in charge, serving COUNTY with architectural or engineering services, his
successor,or any other person or persons, employed by said COUNTY, for the purpose of
directing or having in charge the work embraced in this Contract.
Resident Project Representative: The authorized representative of PROFESSIONAL who is assigned to the
. site or any part thereof.
" Shop Drawings
All drav.Angs, diagrams,H1ustrations, schedules and other data which are specifically prepared
by or for CONTRACTORto illustrate some portion ofthe 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 workman-ship 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 thereon 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.
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Worlc 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.
Worlc Directive Change
A writt~n directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, -
orderi~g an addition, deletion or revision in the Work, or responding to differing or -
unforeseen physical conditions underwhich the Work is to be performed as provided
in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive
Change may not change the Contract Price or the Contract lime, but is evidence that
th~ parties expect that the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on the Contract Price or Contract -
lime as provided in Article 10.
Written Amendment A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR -
on or after the Effective Date of the Agreement and normally dealing with the non-engineering -
or nontechhical ratherthan strictly Work-related"aspects of the Contract Documents.
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ARTICLE 2 . PRELIMINARY MA TIERS
Delivery of Bonds:
2.1. Vvhen CONTRACTOR delivers the executed Agreements to OWNER, ~ONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required to fumish in accordance with these Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (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 lime 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 lime commences. Any Work performed by CONTRACTOR prior to date on
which Contract lime 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 witing 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 \Nark affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict,
effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known
thereof.
2.6. Wthin ten days after the Effective Date of the Agreement unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review:
. 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of
the'Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work into component parts in suffiCient detail to serve as the basis
for progress payments during construction. Such prices will include an appropriate amount of overhead and profit
applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each
additional insured identified in the Suppleme_ntary Conditions, an original policy or certified copies of each insurance
policy (and other evidence of insurance. which COUNTY may reasonably request) which CONTRACTOR is required
to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project Manager,
Professional and others as appropriate will be held to establish a working understanding among the parties as to the
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Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings and oth~r submittals.
processing applications for payment and maintaining required recor~s.
Finalizing Schedules:
2.9. At least ten days 'before submission of the first Application for Payment a conference attended by
CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules
submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) caler;tdar days to make -
corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and acceptable to Project Manager and PROFESSIONAL as
provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as -
providing an orderly progression of the Work to completion ~thin any specified Milestones and the Contract lime, 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 scheduie. 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 thereon to
be constructed in accordance Vllith 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. Vvhen words or phrases which have a well-known
technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words
shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents
shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract
Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract Documents)and the provisions of any such Laws or Regulations
application to the performance ofthe Work (unless such an interpretation of the provisions of the Contract Documents
would result in violation of such Law or Regulation). Clarifications and interpretations ofthe 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 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:
3.6.1. a formal Witten Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Directive Change(pursuant to paragraph 10.4).
. As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract lime may only be changed by a Change
Order or a Witten 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 DralMng or sample (pursuant to paragraphs 6.24 and 6.26), or
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3.7.3. PROFESSIONAL's writt~ninterpretation or certification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR, nor any Subcontractor or Supplier or other person or organization performing or
furnishing any ofthe Work undera direet 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 copie~ oil any thereoO 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 thereoO 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. A V AILABIUTY OF LANDS,
PHYSICAL CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use
of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER.
If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract limes as a re'sultof any delay in OWNER's furnishing these lands, rights-of-way or
easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR
shall provide for all additional lands and access thereto that may be required for temporary construction facilities or
storage of materials and equipment.
Physical 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 th'e general accuracy of the "technical data" contained in such reports
and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such
"technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of
PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed
by CONTRACTOR and safety preCautions and programs incident thereto, or
, 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated
in such drawings, or
4.2.2.3. any CONTRACTOR interpretation Of or conclusion drawn from any "technical data" or any such data,
interpretations, opinions or information. .,' '
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2)
unknoWn physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in constructiori'actiVities of the character provided for in the Contract Documents, then
CONTRACTOR shall give COUNTY 110tice thereof promp~y before conditions are disturbed and in no event later than
48 hours after first observance of the condi,tions.- "
.4:2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, jfthey differ
materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part
of the Work, the Project Manag~r and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price
or ContractTime, or both. If the ProjectManager and PROFESSIONAL determines that th'e conditions at the Site are
not materially different from those indicated in the Contract Documents or are not materially different from those
ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify
CONTRACTOR ,of the determination in writing. Th.e Work shall be performed after direction is provided by the
PROFESSIONAL.
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Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data sho\M1 or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER
or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly
provided in the Supplementary Conditions:
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 OWNERs of such Underground Facilities -
during construction. for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage
thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site
which was not shown or 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 permitt~d 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 promplly review the Underground Facility to determine he extent to which the Contract
Documents should be modified to reflect and documentthe consequences of the existence ofthe 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
lime, 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 changesorrelocations without the prior written approval -
of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference p~jnt 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 professi9~ally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs" Petroleum, Hazardous Waste or Radioactive
Material uncovered or revealed at the site which was not shown or indicated in Drawi~gs or Specifications or identified
in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons
or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such
materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR
is responsible. '. "
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous conditi.QJJ and in any
area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSl9NAL (and
thereafter confirm such notice in writing). OWNER shall promplly consult with PROFESSIONAL concerning the
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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
Contract Price or Contract limes 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 r~ceipt of such special written notice, CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then
CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such
affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the
amountor extent of an adjustment, if any, in Contract Price or Contract limes as a re'sult of deleting such portion of the
Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have such deleted
portion of the Work performed by COUNTY's own forces or others in accordance with Article 8.
4.7.1 The provisions of4.2 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
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Performance and Other Bond$:
5.1. CONTRACTOR shall furnish performance and paymentBonds, 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 providedby Lawor Regulation orbythe 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 Heputationor 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" asp'ublished in Circular 570 (amended) by the Audit Staff Bureau of Accounts,' _
U.S. Treasury Department. All Bonds sig'ned 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 anyBond furnished by CONTRAC-TOR is declared a bankrupt or becomes insolvent
or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the
requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety,
both of which must be acceptable to OWNER.
CONTRACTOR's Uability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance
as is appropriate for the Work being performed and furnished and as will provide 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 tQ be performed or furnished by CONTRACTOR, by any
Subcontractor, by anyone directly or indirectiy employed by any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation. 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;
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. Claimsfor damages insuredby 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 otherreason;'
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5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible' property
wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death
of anyperson or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of
the ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less
than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is
greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies
of insurance so required to be purchased and maintained lot the certificates or other evidence thereon 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 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
continuation of such insurance at final payment and one veal thereafter.
Contractual Uability 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 OVV'NER'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, PROFESSIONAL and PROFESSIONAL's consultants in
the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and
extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and
malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
Conditions, and shall include damages, losses-and "expense~ arising out of or resulting from any insured loss or
incurred in the repair or replacement of anY"'lnsured 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. OVV'NER 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 thereon 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
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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 insur~ncebe 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 Witten 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 ttie 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 in the event of payment of any loss or
damage the insurer will have no rights of recovery against any of the parties named as insureds additional insureds, -
and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant
OWNER will obtain the same, and if 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 par~raphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to O'^'NERas 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 Witten -
Amendment. .
Receipt and Application of Insurance Proceeds:
5.13. OWNER as trustee shall have power to adjust and settleany 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 bemade, OWNER ,as trustee shall make settlement with the Insurers in accordance IMth such-
. agreement as the parties in interest may rE;lach.lfrequired in willing by any party in ,interest, OWNER as:trustee shall,
upon the occurrence of an insured loss, give bond for the proper performance of such duties. ~;71f .
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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 CONTRACTORin 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 OVv'NER 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 necessitated thereby. The insurers
providing the property insurance shall consent by endorsement on the policy or polici~s, but the property insurance
shall not be canceled or lapse on account of any such partial use or occupancy.
. Indemnification:
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents from and
against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of
or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or
expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destructiqn of tangible property,
including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of
CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts
any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party
indemnified hereunder.
5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose
acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any
way as to the amount or type of damages, compensation or benefits-payable by or for CONTRACTOR or any
SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees)
arising out of any infringement or 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
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6.1. CONTRACTOR shall supervise and direct the VVork competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the -
Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and
procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or
specification of a specific means, method, technique, sequence or procedure of construction which is shown or -
indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the
finished Work complies accurately with the Contract Documents,
6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident -
superintendent, who shall not'be replaced without whiten notice to OWNER and PROFESSIONAL except under
extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have
authority to act on behalf of 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, he~t, 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, exceptas otherwise provided m the Contract
Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence including reports of
required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied,
installed, connected, erected, used,' cleaned and conditioned in accordance with the instructions of the applicable
, Supplier except as otherwise provided in the Contract Documents; but no pro-vision 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 theqfurnishing or performanc~ 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. -
Substitutes or"Or-Equal" Items:
6.7.1. Vvhenever 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,
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function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials
or equipment of other Suppliers mayb,e 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 PROFE$SIONAL for acceptance thereof,
certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the
general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The
application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's
achievement of Substantial Completion on time, whether or r)ot 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 OVVNER 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. VVhetheror not PROFESSIONAL accepts a proposed substitute.
CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for
evaluating each proposed substitute.
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Concerning Subcontractors.' Suppliers 'and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including
those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2): whether initially or as a substitute,
against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person ororganization to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection. .
6.8.2. If the SupplementarY Conditions require the identity ofcertain 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 in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and
PROFESSIONAL and if CONTRACTOR has submitted a list thereofin accordance with the Supplementary Conditions,
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OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make \Mitten objection thereto by the date I
indicated for acceptance or objection In the bidding documents or the ContractDocuments}of any such Subcontractor,
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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 in the cost occasioned by such substitution and an appropriate Change Order will be issued or Witten -
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 Subco~tractor, 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 pursuantto.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 indirecijy employed by either of them from and against all claims,
damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement
of patent rights or copyrights incident to the use in the performance or the Work or resulting from the incorporation in
the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend
all such claims in connection with any alleged infringement of such rights.' . ,
Permits:
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 and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing
and performance ofthe Work. Except where otherwise expressly required by applicable Laws and Regulations, neither _
OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance witli:any Laws or
Regulations.
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6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules,
and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted
by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have.,knolNrl 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 by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during
the performance of the Work.
Use of Premises:
- 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and
other landand 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 ofthe Work, CONTRACTOR
shall promptly attemptto 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
PROFESSIONAL's, architects, attorneys' and other professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to
the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of
waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work
CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for
occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by
the Contract Documents.
6.18. CONTRACTOR shall notload nor permit any part of any structure to be loaded in any manner that lJIAII
endanger the structure, nor shall CONTRACTOR subject any pan 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.
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CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to I
prevent damage, injury or joss to: ,
6.20.1. all empioyees on the Work and other persons and organizations who may be affected thereby: I
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the -
site; and .
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6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the
course of construction.
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 oftheWork may affectthem, and shall cooperate with
them in the protection, removal, relocation andreplacement of their property, All damage, injury or loss to any property
referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform
or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR
(except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER
or PROFESSIONAL or anyone employed by either ofthem or anyone for whose acts either of them may be liable, and -
not attributable, directly or indirectly, in whole or in part, to the fau~or negligence of CONTRACTOR). CONTRACTOR's
duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is
completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph -
14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). -
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated
in writing by CONTRACTOR to the Project Manager.
Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated
to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice
if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have
been caused thereby. If PROFESSIONAL determines that a change In the Contract Documents is required because'
of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document
the consequences of the changes or variations.
6.22.1. CONTRACTOR shall immediately notify PROfESSIONAL of all events involving personal injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a
written report on such person(s) and any other event resulting in property damage of any amount within five (5) days
of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the
action taken by CONTRACTOR in response to such an emergency, a Change 'Order will be issued to document the
consequences of such action.
Shop Drawings 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
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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 conformance with the design concept of the Project and compliance with the information given in the
Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the
item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required
number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall
constitute its representation to PROFESSIONAL and County that CONTRACTOR has ,determined and verified all
quantities, dimensions, 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 County staff. Any delays associated
with the submittal process will be considered for time extensions only, and no damages or additional compensation for
delay will be allowed. '
6.25.1. Before submission 'of each Shop Drawing or sample CONTRACTOR shall have determined and
verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop
Drawings and samples and with the requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of
each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and,
in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review
and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reason-able 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. No Work requiring a submittal or sample submission shall commence until the submission has been
approved by PROFESSIONAL. A copy of each approved subl1)ittal and each approved sample shall be kept in good
order by CONTRACTOR atthe site and shall be available to PROFESSIONAL and Project Manager staff. Any delays
associated with the submittal process will be conSidered for time extensions only, and no damages or additional
compensation for delay will be allowed. .
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility
for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called
PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written
approval to the specific deviation: any such approval by PROFESSIONAL shall not relieve CONTRACTOR from
responsibility for errors or omissions in the submittals.
6.29. Vvhere a shop drawing or sample is required by the Contract Documents or the schedule of shop
drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to
Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor .
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Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with OVV'NER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as permitt~d by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in -
wilting.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other
debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work,
CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction
equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER.
All disposal shall be in accordance with applicable laINS 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 and PROFESSIONAL and their consultants, agents and employees from and against all claims,
damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of
or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a)is attributable -
to bodily injury, sickness, disease or death, or to injury to or destruction oftangible property (other than the Work itsel~
including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of
CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to
perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of
the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or
employees by any employee of CONTRACTOR. any Subcontractor, any person or organization directly or indirectly
employed by any of them to perform pr furnish ~ny of the Work or anyone for whose acts any of them may be liable,
theindemnification: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 . OTHER WORK
Related Work at Site: "
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other
work performed by ailed OWNERs or letother direct contracts therefor which shall contain General Conditions similar
to these. If the fact that s,uch other work is to be performed was not noted in the Contract Documents, written notice
thereofwll 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 wth theirs. CONTRACTOR shall do all cutting, fitting
and patching of the Work that may be required to make its several pans come together properly and integrate with such
other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will
be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility
owners and other contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in
said direct contracts between OWNER and such utility owners and other contractors;,
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such
other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL
in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper
execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and
proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other
work.
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
con-tractors will be identified in the Supplementary Conditions, and the spedfic 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, COUNTY shall issue all communications to
CONTRACTOR through the ProjecfManager or PROFESSIONAL.
8.2. In case of termin.ation of the employment of PROFESSIONAL, OVVNER 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 promptiy 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. OVVNER 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 O\NNER and
PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visi~s 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 OVVNER informed ofthe progress of the VVork and will endeavor to guard OWNER against
defects and deficiencies in the Work. . , .
Project Representation:
9.3. If O\NNER and PROFESSIONAL agree, PROFESSIONAL will furnish aResident 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 O\NNER designates'anotheragent 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 lime, 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
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Documents which do not involve an adjustment in the Contract Price or the Contract lime and are consistent with the
overall intent of the Contract Documents. These may be accomplished by a Reid Order and will be binding on OVVNER,
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 lime and the parties are unable to
agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be
defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated, installed or completed.
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Shop Drawings, Change Orders and Payments:
9~7. In connection INith PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23
through 6.29 inclusive. ~{::.
9.8. In connection INith 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 whiten decision thereon (by recommendation of an Application for Payment or
otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR,
unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party
to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision.
. 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 m the Contract Price or Contract lime 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, \Mitten notice of each such claim, dispute and other
matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement prompijy (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. Vvhen functioning as interpreter and judge under paragraphs 9.1 0 and 9.11, PROFESSIONAL will not -
show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision -
rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10
and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making
or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents
or by Laws or Regulations in respect of any such claim, dispute or other matter.
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 empl.oyees, or anyother persons performing any of the Work.
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ARTICLE 10. CHANGES IN THE WORK
10.1. Wthout invalidating the Contract, OWNER may at any time or from time to time order additions, deletions,
or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the
Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promp~y submit a written proposal for the
changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of
Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which
case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits
on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle
CONTRACTOR to an increase in the Contract Price or an extension of the Contract lime, except in the case of an
emergency as provided in Article 7. The effect of this paragraph shall remain paramount and shall prevail irrespective
of any conflicting provisions contained in these Contract Documents.
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 lime 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 11.1.3, OWNER may, at its sole discretion issue a Work
Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 12.1.3.
The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by
OWNER. If CONTRACTOR fails to sign such Work Directive Change, CONTRACTOR may,submit a claim in
accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as
directed by the Construction 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 lime) 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 (subjectto 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 Witten Amendment. Any claim for
an increase or decrease in the Contract Prjce 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 .givingrise 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 andconsequential) to which the claimant
is entifted as a result of the occurrenc~ of said event. All claims for adjustment in the Contract Price shall be determined
by PROFESSIONAL in accordanc_e 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 OVIINER 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. Vvhen itis determined byOVVNER 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 th'e 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. Vvhen 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 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 reducedunit price. all at the discretion of OWNER.
Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER
based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions.
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Cost of the Worl(;
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
include, but not be limited to, salaries and,wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation. and holiday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday,
Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in, the Work, including costs of
transportation and storage thereof, and Suppliers' field services 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 determine, 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.theother provisions of the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected v"ith 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 pans 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 rentalagreehlents. 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 o(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 any-one
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
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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 YKitten consent and approval of OWNER. No such losses, -
damages and expenses shall be included in the Cost ofthe 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 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
partner-ship and sole proprietorships), general managers, PROFESSIONALs, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in CONTRACrOR's principal or a branch office for general _
administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to
in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs
covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the
site.
11.5.3. Any part of CONTRACTOR's'capital expenses, including interest on CONTRACTOR'S capital used -
for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub-paragraph -
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 'or' the Cost of the Work:
, '.
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent:
, 11.6.2.2. for costs incurreg 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 ereditto"be allowed by CONTRACTOR to OWNER for any such change which results -
in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by -
an amount equal to ten percent of the net decrease: and
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11.6.2.5. when both addition!)!aQ,q credits are involved in an,y 9ne change, the adjustment in CONTRACTOR's
Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4,
inclusive. ,,,-,,
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. Vvhen 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. Vvhen both additions and credits are involved in any change, the combined overhead and profit shall be
calculated on the basis of the next change, whether an increase or decrease. In any event, the minimum detail shall
be an itemization of all man-hoursrequired by discipline/trade wth 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 th,e 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 fo[.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. Vvhere the Contract Documents provide that all or part ofthe Work is to be Unit Rice Work, initially the
Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit
prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in
the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose
of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance wth
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. Vvhere the quantity of any item or Unit Price Work performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if CONTRACTOR believes'that CONTRACTOR has incurred
additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Con-tract Price in
accordance with Article 11 if the partes are unable to agree as to the amount of any such increase.
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ARTICLE 12. CHANGE OF CONTRACT TIME
12.1. The Contract lime may only be changed by a Change Order. Any request for an extension in the
Contract lime shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) -
calendar days of the occurrence first happening and resulting in the claim. Witten supporting data will be submitted _
to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such'occurrence unless the Project
Manager allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract lime must -
set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond
CONTRACTOR's control or fault. '
12.2. If CONTRACTOR is delayed at any time in the performance, progress"commencement, or completion -
of the Work by any act or neglect of OWNER or PROFESSIONAL, Of by an employee of either, or by any separate
CONTRACTOR employed by OWNER, orby changes ordered in the Work, or by ,labor disputes, fire, unavoidable
casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable
diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract lime shall be extended by Change
Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time
for such causes only for the number of days of delay which OWNER !!lay determine to be due solely to such causes
and only to the extent such occurrences actually delay the completion ofthe Work andtnen only if CONTRACTOR shall -
have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding -
anything in the Contract Documents to the'contrary, no interruption, interference; inefficiency, suspension or delay in
the performance, progress, commencement or completion of the Work for any calfse whatsoever, including those for
which OWNER or PROFESSIONAL may be-responsible in whole or in 'part, shall relieve CONTRACTOR of its duty to
perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and
exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect ofthe
Work shall be the right to seek an extension to the Contract lime in accordance with the procedures set forth herein. -
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ARTIC~E13. WARRANTY AND GUARANTEE;
TESTS AND INSPECTiONS: CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless
otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or
defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals
referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of
the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety
requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL.
All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article.
Access to Worlc':
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives
of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work.
CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection
or testing by others. .
Tests and Inspections: ,
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR,
CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals
provided for by O\^JNER shall be identified in INIitin9 by PROFESSIONAL to CONTRACTOR. All other inspections,
tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required
as a result of delays by CONTRACTOR orhours worked in excess of 40 hours per we~k. For all required inspections,
tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish
PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance
with the methods prescribed by the American Society for T estin9 and Materials or such other applicable organizations
as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests
shall be retested at the direction of PROFESsiONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or ~provals,otherthan those required byLaws or Regulations of any public body
having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by
PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without
INIitten concurrence of PROFESSIONAL, it must, ifrequested by PROFESSIONAL, be uncovered for observation. Such
uncovering shall be at CONTRACTOR's expense u~l~ss CONTRACTOR has given PROFESSIONAL timely notice of
, CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in
response to such notice. ,.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by
persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance
with the requirements of the Contract Documents; .
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Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written
approval of PROFESSIONAL, or ifany Work is covered contrary to the request of PROFESSIONAL, the Work shall,
if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at
CONTRACTOR's expense. . .
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, -
expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion
of the Work in question, furnishing all necessary labor, material and equipment.lfit is found that such Work is defective,
CONTRACTOR shall bear all direct, and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONALs,
architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided
in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the
Contract Price, pr an extension of the Contract lime, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction; and, if the p~es are u'nable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-vided in Articles 11 and 12. .,
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Owner May Stop the Worlc: ,
13.10. \I\111en Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable
materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if
CONTRACTOR violates any provisions of these Contract Documents, OVVNER may order CONTRACTOR to stop the
Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give
rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. --
CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract lime or other damages for
a stop work order under this paragraph.
Correction or Removal of Defective Worlc: .
13.11. Vvhen directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as
specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove
it from the site and replace it with non defective Work. If CONTRACTOR does not correct such defective Work or
remove and replace such defective Work within a reasonable time, all as specified, in a written notice from
PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall
be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR VIAll also bear the expense
of correcting or removing and replacing all Work of others destroyed or damaged by ,the correction, removal, or
replacement of the defective Work. .
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one' year after the date of substantial
completion or such longer period of time as may be prescribed by law or by the terms of any applicable special
guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or
otherwise notin accordance with the Contract Documents, CONTRACTOR shall promptly ,without costto OWNER and
in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected by
OWNER, remove it from the Site and replace,it with non-defective Work. If CONTRACTOR does not promptly comply
with the terms of such instructions, OWNER may have the defective W9rk corrected, removed, or replaced. All direct,
indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of
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engineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR:;.,
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Acceptance of Defective WOrk:.i;,
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior
to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do
so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness
and to include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a
Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work
and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable to agree
as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to
correct and to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with para-graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract
Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may,
after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights
and remedies underthis paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective
and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part
of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools,
appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall
allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to
enable OWNERto exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as
to reasonablen~ss by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respecftothe Work, and OWNER shall be enti~ed to an appropriate decrease in the
Contract Price, and, jfthe parties are unable to agree as to the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such direct, indirect an~ consequential costs will include but not be limited to fees and charges
of PROFESSIONALs, architects, attorneysa~d 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 ext~nsion of the Contract lime because of any delay in
performance 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"ortake 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 inthe Contract Documents, including an appropriate reduction in the Contract
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Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the -
difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to
OWNER of associated inspection, construction management and resident PROFESSIONALs shall be identified to -
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 \\111 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 pefore 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 Uens.
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 ofthe
. 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 th~ Work is in accordance with
. the Contract Documents subject to an e~aluation ofthe Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of
quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the
recommendations; 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 O\,I\,NER or OWNER
to withhold payment to CONTRACTOR.
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14.6. PROFESSIONAL's recommendation of final payment Will constitute an additional representation by I
PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entified 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, itwould be incorrectto make such representations to OWNER. PROFESSIONAL may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent
inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in -
PROFESSIONAL's opinion to protect 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 Wit-ten Am~ndment 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 Uens have
been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount
recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL)
stating the reasons for such action.
Substantial Completion:
14.8. lMen 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. Wthin a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of the Work to deter-mine 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 Completion which shall fix the date of Substantial Completion. There shall be attached
to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to make Written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that the
Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing. stating the reaspns therefor. If, afterconsideration of OWNER's
objections, PROFESSIONAL considers the Work substantially cQmplete, 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 OWNERand CONTRACTOR with -
~espect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the
definitive certificate of Substantial Completion, PROFESSIONAL's afore-said 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 OWN ER shall allow CONTRACTOR reasonable access to complete'or correct items on the tentative
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list.
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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
v.Athout significant interference with CONTRAcTOR's performance ofthe remainder ofthe Work, may be accomplished
prior to Substantial Completion of all the Work subject to the following.
14.10.1. OWNER at any time,rriay 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 OVVNER and PROFESSIONAL that said part ofthe Work is substantially complete
and request PROFESSIONAL to iss~e a certificate of Substantial Completion for that part of the Work. CONTRACTOR
at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the
Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of
Substantial Completion for that part of ,the Work. Wthin 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 considarthat part of the Work to be substantially complete, PROFESSIONAL
will notify. OWNER and CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers that part
, o(the Work to be substantially complete, the proVisions of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.
14.10.2. OWNER may at any time request 'CONTRACTOR in writing to permit OWNER to take over operation
of any such part of the Work although it is ,not substantially complete. A copy of such request will be sent to
PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make
an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining
to be completed or corrected thereon before final payment. If CONTRACTOR does not object in 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 v.A1I 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 ofthe Work which will become binding upon OWNER and CONTRACTORat 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 !he 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 portion thereof is complete,
PROFESSIONAL will make a final inspecti6ri' with OWNER and CONTRACTOR and v.A1I notify CONTRACTOR in writing
of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall
immediately take such measures as:are necessary to remedy such deficiencies.
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Final Application for Payment
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and
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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 County, CONTRACTOR may furnish receipts or release in full and an
affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for
which a lien could be filed, and Oi) all payrolls, material and equipment bills and other indebtedness connected with the
Work for which OWNER or OVVNER'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 finaLpayment will be accepted by OWNER until approved as-built 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 dutyor 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 OVVNER 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.
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Final Payment and Acceptance: '.,
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection,
and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by
the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other
obligations underthe Contract Documentshave 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 sam~ 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'srecommendation 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 significanijy 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
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required in Article 5, the written consent of the surety tothe 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 OVVNER to CONTRACTOR under the Contract
Docum~nts, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by
OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the
issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective
Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release
of CONTRACTOR'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 spedfied 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
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15.1. OWNER may, at any time and without cause, suspend the Work or anyportion 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 I
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.
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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 und~r 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 I
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 Uen against such property or for the purpose of general administration of such property for the benefit of
CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but
not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the _
progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents,
OWNER may, after giving CONTRACTOR (and the surety, ifthere 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 OWNERterminates'the contract for cause and it is subsequently judicially determined that
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there was no cause for termination, the termination for convenience provision will be the means for disposition of the
balance of the contract obligations.
Termination for Convenience:
15.4. Upon seven working days'.written notice to CONTRACTOR and PROFESSIONAL, O\I\INER may, without
cause and without prejudice to any other right or remedy of OVy'NER, elect t~ terminate the Contract. In such case,
CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For compl~ted 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, los~esand 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 arising
out of or resulting from such termination.
, 15.5. Vvhere CONTRACTOR's services have been so terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention
or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
CONTRACTOR May Stop Worlc 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 OVVNER fails for thirty-one days to pay CONTRACTOR
any sum finally determined to be due, then CONTRACTOR may upon seven working days's written notice to OWNER
and PROFESSIONAL and providedOWNER 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 OVVNER has failed for thirty-one days after it is
submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be
due, CONTRACTOR may upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until
payment of all such amounts due CONTRACTOR, including interest thereon. The proviSions of this paragraph are not
intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or
Contract limes 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 IMth 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 shalrbe 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
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Giving Notice:
17.1. Vvhenever 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. Vvhen 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 midnightto the next mi9night shall constitute a day.
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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 IM'iting 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
here-under to the parties ~ereto, 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 spedal 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 Documents will survive final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and
Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from
the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all
such records and documentation as often as OWNER deems necessary during the period of the Contract and for a
period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business
hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit
made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.GA. 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.
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SUPPLEMENTAL GENERAL CONDITIONS INDEX
Drawings
Field Office Facilities
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
Pre-construction Conference
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SGC-1
SGC-1
SGC-1
SGC-1
SGC-1
SGC-1
SGC-2
SGC-2
SGC-2
SGC-2
SGC-2
SGC-2
SGC-2
SGC-3
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SUPPLEMENTAL GENERAL CONDITIONS
SGC-01. DRAWINGS:
The Owner will furnish to the Contractor, free of charge, five copies of drawings and specifications
necessary for the execution of the work. Location of all features of the work included in thE!~ Contract are
indicated on the Contract Drawings. .
Note: The Contract Drawings are listed under Special Condition SC-02., LIST OF DRAWINGS:.
SGC-02. FIELD OFFICE FACILITIES:
The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing
records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting
the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and
specifications shall be available at the field office at all times that the work is in progress.
SGC-03. RIGHTS-OF-WAY:
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 land 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 of 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.
SGC-04. ESTIMA TE 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 this contract and such increase or diminution shall in no way vitiate this
contract nor shall any such increase or diminution give cause for claims or liability for damages.
SGC-05. 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-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer 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.
SGC-07. PRIOR USE BY OWNER:
Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted
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.
SGC-08.
CLEANING UP:
SGC-l
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 Engineer.
SGC-09. MAINTENANCE OF TRAFFIC:
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. 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
without written permission from such agency. Before leaving the work each night, it shall be placed in such
condition 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
passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor.
SGC-10. MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to business establishments during all time 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. 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 his operations so as to
minimize the time that direct entrance is blocked.
SGC-11. 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.
SGC-12. BYPASSING SEWAGE:
The Contractor will be required to schedule and coordinate construction sequences 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.
SGC-13. SAFETY AND HEALTH 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 (PL31-596) and under Section 107
of the Contract Work Hours and Safety Standards Act (PL91-54).
SGC-14. PRE-CONSTRUCTION CONFERENCE:
A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior
to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents,
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SPECIAL CONDITIONS INDEX
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SC-1 Scope
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SC-2 List of Drawings
SC-3 Protection of the Environment
SC-4 Temporary Toilets
SC-S Plans and Specifications Furnished
SC-6 Record Drawings
SC-7 Existing Structures
SC-8 Salvage Material
SC-9 Referenced Specifications
SC-10 Traffic Control
SC-11 Construction Order and Schedule
SC-12 Inspection and Testing of Work
SC-13 Substitutions
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SC-1
SC-1
SC-1
SC-1
SC-1
SC-1 to SC-2
SC-2
SC-2
SC-2
SC-2
SC-2
SC-2 to SC-3
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SPECIAL CONDITIONS
SC-01. SCOPE:
The project referred to in the Agreement shall consist of the construction of
four (4) wells, hereinafter referred to by project name as Tobacco Road - Deans Bridge Road
Interchange (Water Main Relocation). ....
SC-02. LIST OF DRAWINGS:
The following drawings, prepared by James G. Swift & Associates comprise the plans for the
project: .
SHEET NO.
1
2-3
4
TITLE
Cover Sheet
Water Relocation Plan
Details
SC-03. PROTECTION OF THE ENVIRONMENT:
The Contractor will carefully schedule his work so that a minimum amount of exposed earth
will be'subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer
to minimize the transportation of silt and other deleterious material into the stream beds of water
, courses adjacent to the project.
All chemicals used during project construction or furnished for project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval
of either ,EPA or USDA. Use of all such' chemicals and disposal of residues shall be in conformance
with printed instructions.
SC-04. TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on the site for workmen employed in the
construction work. Toilets' shall" be 'adequate for the number of men employed and shall be
maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets.
At completion of the work, toilets used by Contractor shall be removed and premises left in the
condition required by the Contract..
SC-05. PLANS AND SPECIFICATIONS FURNISHED:
The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct blue
line prints together with a like number of complete bound specifications for construction purposes.
Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of
reproduction upon his.written request.
SC-06. RECORD DRAWINGS:
The Contractor will maintain in his office one complete set of drawings (including any
supplemental sketches) pertaining to the 'project upon which, at the end of each day's work any
deviations from the construction lines shown, thereon and all changes ordered by the Engineer will
be shown accurately in red pencil. If necessaiy, supplemental drawings will be made to show details
of deviations or changes, and these will be kept with the marked set. The drawings will be available
to the Engineer for inspection during construction. Satisfactory progress toward the pr~p-~ration of
the record drawings shall be a condition of approval of monthly payment estimates. At the
SC-l
completion of construction, prior to submitting his estimate for final payment. and as a condition for -
pavment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted
to the Engineer.
SC-07. EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in
accomplishing the work, each and every item will be replaced in the same or better manner or
condition than that in which it was before construction began. The Contractor will protect and hold
harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work
adjacent to private property.
SC-08. SALVAGE MATERIAL:
All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will
remain the property of the Owner and will be stockpiled at , in the manner
directed by the Engineer.
SC-09. REFERENCED SPECIFICATIONS:
Where specifications or standards of trade organizations and other groups are referenced in
these specifications, they are made as much a part of these specifications as if the entire standard
or specification were reprinted herein: The inclusion of the latest edition orrevision of the referenced
specification or standard is intended.
SC-10. TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTeD) of -
the Federal Highway, Administra,tion, Edition of 1978. The: Contractor shall give prior written
notification to and shall obtain the~ approval of the Augusta-Richmond County Fire and Police
Department of any street closures. ,.
SC-11. CONSTRUCTION ORDER AND SCHEDULE:
1. The Contractor shall be responsible for the detailed order, schedule, and methods of
construction activities within the general guidelines specified for maintenance and protection
of highWay and pedestrian, 'traffic; utility lines; drainage ways; adjacent properties; and as
otherwise specified.
2. After notice to proceed and prior to the first payment on the contract the Contractor shall
submit the following for review:
A. Breakdown of contract price into units of cost for each item required to complete the -
total work; this breakdown will be the basis for judging the percentage complete at any _
time. '
B. A statement of the order of procedure to be followed that will result in the required
protection and completion of the work within the contract time.
C. A bar chart showing the percentage of each item schedules against time and so
scheduled that Contractor's order of construction is clearly shown.
3. With each request for payment the Contractor shall submit two copies of the bar chart clearly
marked to show the workcompleted at the date of the payment requested.
SC-12. INSPECTION AND TESTING OF WORK:
The Owner shall provide sufficient 'competent. engineering personnel for the technical
observation and testing 'of the work.
The Engineer and his representatives shall at all times have access to the work whenever it
SC-2
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is in preparation or progress, and the Contractor shall provide proper facilities for such access,' and
for inspections.
Inspectors shall have the power to stop work on account of a workman's incompetency,
drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely
if there is not a sufficient quantity df suitable and apprOVed materials or equipment on the ground
to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf
of the Owner any material or workmanship which does not conform fully to the requirements of the
contract and they shall give no orders or directions under any possible circumstances not in
accordance with the Specifications. The Contractor shall furnish the inspector with all required
assistance to facilitate thorough inspection or the culling over or removal of defective materials or
for any other purpose requiring discharge of their duties for which service no additional allowance
shall be made. The inspector shall, at all times, have full permission to take samples of the materials
that mayor may not be used in the work.
Any inspection provided by the Engineers is for the purpose of determining compliance with
provisions of the contract specifications and is in no way a guarantee of the methods or appliances
use by the Contractor, nor for the safety of the job.
If the specifications, the Engineer's instructions, laws, ordinances, or any public authority
require any work to be specially tested or approyed, the Contractor shall give the Engineer timely
notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer,
of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and
where practicable at the source of supply. If any work should be covered up without review or
consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and
properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work
must be uncovered by the Contractor. If such work is found to be in accordance with the Contract
Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not
in accordance with the Contract Documents, the Contractor shall pay such cost.
SC-13. SUBSTITUTIONS:
Notwithstanding any provision of the 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.
SC-3
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INDEX TO TECHNICAL SPECIFICATIONS
CLEARING AND GRUBBING
GRADING
EXCAVATION, TRENCHING AND BACKFilLING FOR PIPE LINES
WATER DISTRIBUTION SYSTEM
CONCRETE CONSTRUCTION
STEEL REINFORCEMENT
GRASSING
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:,"'::.:II.il.:,:.ft~~!R:i')::
1
2-5
6-8
9 - 12
13-14
15-16
17-18
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CLEARING AND GRUBBING
SCOPE:
Clearing and grubbing shali consist of the removal and disposal of all trees, brush, stumps, logs, grass,
weeds, roots, decayed vegetable matter, post, fences, stubs, rubbish and all other objectionable matter-resting on
or protruding through the original ground surface and occurring within the construction limits or right-of-way of any
excavation, borrow area, or embankment.
CONSTRUCTION METHODS:
Clearing: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory
disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within
the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation
as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared
shall be cut off one foot above the original ground surface. Individual trees and groups of trees designated to be
left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be
necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed
shall be neatly cut close to the bole of the tree or to the main branches, and the cuts thus made shall be painted
with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall
be thoroughly protected from damage incident to construction operations by the erection of barriers or by such other
means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees
to trees left standing, to existing structures and installations, and to those under construction, and so as to provide
for the. safety of employees and others.
Grubbing: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from
the site as indicated on the drawings. In .foundation areas, stumps, roots, logs or other timber, matted roots, and
other debris not suitable for foundation purposes shall be excavated to a depth not less than 18 inches below any
subgrade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal
of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the
surrounding ground surface.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing
shall become the property of the Contractor and may be sold by him provided such disposal is otherwise in
accordance with these specifications. All combustible matter removed shall be hauled away and deposited at
locations approved by the Engineer. Combustible matter may be bumed or may be disposed of as stated above.
If allowed byJhe appropriate governmental authorities, burning shall be done at such time and such manner as to
prevent fire from spreading and to prevent damage to adjacent cover and shall further be subject to all requirements
otState or Federal Governments pertaining to the burning. Disposal by burning shall be kept under constant
attendance until all fires have burned out or have been extinguished.
No burning will be allowed on the site unless all fires be kept under constant attendance by persons having
equipment necessary to prevent the spreading of fires. Such equipment shall include, at the minimum, a bulldozer
or front-end loader, and an approved pump and hose connected to an acceptable source of water.
MEASUREMENT AND PAYMENT:
Where not specified, any required clearing and grubbing shall be considered a.part of the water main
installation and shall be included in the water main unit price as setforth in the Bid Schedule.
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GRADING
SCOPE: , ,
This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or walks,
including all excavations, formation of embankments, preparation of subgrade for pavements and finishing and
dressing of graded earth areas, shoulders, and ditches. Work in connection With excavation, trenching, and
backfilling for utility lines is specified under the section entitled "Excavating, Trenching, and Backfilling for Pipe
Lines".
CONSERVATION OF TOPSOIL:- .
Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoil
and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles
convenient to areas that are to receive appiication of topsoil later, or at locations indicated. Topsoil shall be stripped
to a depth of 3 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free
of roots, stones, and other undesirable materials.
EXCAVATION:
The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every
" description regardless of material encounter within the grading limits of the project, shall be performed to the lines
and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits
of the work. When directed, unsuitable material encountered within the limits of the work shall be excavated below
the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to
Classes PT, OH, CH, MH, OL, CL, or ML as described under the Unified Soil.Classification System. Such material
removed and the selected material ordered as replacement shall be included in excavation. Unsuitable and surplus
excavation material not required for fill shall be disposed of in designated waste or spoil areas on or near site and
to be determined by the Owner and/orEngineer. During construction, excavation and filling shall be performed in
a manner and sequence that will provide drainage at all times. Any necessary clearing, grubbing, grassing, disposal
of debris and satisfactory trimming and drainage of the spoil areas other than provided for in the Bid Schedule shall
be considered incidental to the wasting operations and shall be performed by the Contractor at no additional cost
to the Owner.
SELECTION OF BORROW MATERIAL:
General: Borrow material shall be selected to meet the requirements and conditions of the particular fill
for which it is to be used. The material shall consist of sand .soils or sand-clay soils capable of being readily shaped
and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Any
necessary clearing, grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall
be considered incidental to operations of the borrow excavation and shall be performed by the Contractor at no
additional cost to the Owner. Unless specifically provided, no borrow shall be obtained within the limits of the
project site without written approval. '
Borrow Area(s): Borrow material shall be fumishedby the Contractor from private sources selected by
the Contractor and shall consist of a suitable material of the type mentioned above. The Contractor shall obtain
from the Owners the right to procure" material, shall pay all royalties and other charges involved, and shall bear all
the expense of developing the sources, including right-of-way for hauling.
EXCAVATION DITCHES:
Ditches shall be cut accurately to the cross-sections and grades indicated by the drawings. All roots,
. stumps, and other foreign matter in the sides and bottom of ditches shall be cut one foot below finish grade. Care
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shall be taken not to over excavate ditches below the grades indicated. Any excessive ditch excavation due to
removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material,
thoroughly compacted, or with suitable stone or cobble to form an adequate finished surface as directed. The
Contractor shall maintain all ditches,exc,avated under this specification free from detrimental quantities of leaves,
sticks, and other debris until final acceptance of the work. Suitable earth material excavated from-ditches and
channel changes shall be placed in embankments. Excavated material shall not be deposited within a distance from
the edge of any excavation of less than 1 Y2 times the depth of the excavation. When storm drain pipe terminates
in a new ditch, the headwall or end section together with ditch treatment shall be constructed immediately as called
for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under section entitled
"Grassing".. The Contractor shall be responsible for maintaining these newly constructed ditches and take
immediate action subject to approval to keep erosion out of the ditch bottom and slopes to a minimum during the
life of the contract. . No additional compensation will be given to the Contractor for the required maintenance.
PROTECTION OF EXISTING'SERVICE LINES AND UTILITY STRUCTURES:
Existing utility lines that are shown on the drawings or the locations of which are made known to the
Contractor prior to the excavation that are to be retained, as well as utility lines constructed during excavation
operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired
by the Contractor at his expense. In the event that the Contractor damages any existing utility lines that are now
shown, or the locations of which are not known to the Contractor, report thereof shall be made immediately to the
Engineer. If determined that repairs are made by the Contractor, such repairs will be ordered under the clause of
the GENERAL CONDITIONS of the Contract entitled CHANGES.
BACKFIll ADJACENT TO STRUCTURES:
Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to prevent
wedging action or eccentric loading upon or against structures. Slopes bounding or within areas to be backfilled
shall be stepped or serrated to prevent sliding of the. fill. During backfilling operations and in the formation of
embankments, equipment that will overload the structure in passing over the compacting of these fills shall not be
used. Backfill for storm drains and subdrain~,including the bedding, shall conform to the additional requirements
as specified.
PREPARATION OF GROUND SURFACE FOR Fill:
All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter,
rubbish and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise
removed before the fill is started.. In no case will unsuitable material remain in or under the fill area unless
specifically allowed by the Engineer. Sloped ground surfaces steeper than 1 vertical to 4 horizontal on which fill
is to be placed shall be plowed, stepped or benched, or broken up as directed, in such manner that the fill material
will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or
dried as may be required to obtain the compaction specified.
FILL:
Fills and embankments shall be constructed at the locations and to the lines and grades indicated. The
completed fill shall correspond to the shape of the typical section indicated or shall meet the re,quirements of the
particular case. Suitable material removed the excavation shall be used in forming the fill. Fill material shall be
reasonably free from roots, other organic material and trash, and from stones having maximum dimensions greater
than 6 inches. No frozen material will be permitted in the fill. Stones having a maximum dimension larger than 4
inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed:'in loose
depth for the full width of the cross section and shall be compacted as required.
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COMPACTION:
Overall or Overlot.Areas: Each layer of the fill or embankment except in the areas indicated as not
requiring compaction, shall be compacted by rolling with an approved tamping-roller, heavy rubber-tired roller, three-
steel wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types
of soil encountered, as approved, to at least 95 percent of maximum_density at optimum moisture content.
Field Control: In areas where the density of the fill or embankment is specified, field density tests will be
performed in sufficient number to insure that the specified density is being obtained. These tests will be made at
the expense of the Contractor and will be in accordance with AASHO Standard T147.
FINISHED EXCAVATION, FILLS AND EMBANKMENTS:
All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall
be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular
surface changes. The degree of finish shall be that ordinarily obtainable from either blade-grader or scraper
operations, supplemented with hand raking and finishing, except as otherwise specified. The finished surface shall
be not more than 0.10 foot above or below the established grade or approved cross section. Ditches and gutters
shall be finished so as to permit adequate drainage. The surface of areas to be grassed shall be finished to a
smoothness suitable for the application of grassing materials. The surface of embankments or excavated areas
for road construction or other areas to be paved on which a base course or pavement is to be placed shall not vary
more than 0.05 foot for the established grade and approved cross section. In areas where the bulking of soil as
a result of grassing operations will tend to retard surface drainagealon9 the edge of pavements, the finished grades
shall be left 0.1 foot below grade prior to grassing.
DISPOSAL OF WASTE MATERIAL:
All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other unsuitable or
surplus material stripped or removed from the limits of construction shall be disposed ,of off the site, except where
otherwise approved in writing by the Engineer. All trees, stumps, brush down timber, etc. in the disposal area shall
be cleared and shall be disposed of by burning, removal from the property or a combination of both. Chig
and disposal of trees, stumps, etc. shall comply with the applicable portions of the Clearing and Grubbing
specifications. The complete layer of topsoil in the entire disposal area shall be removed before placing the surplus
excavation. Surplus excavation shall be hauled to the designated stripped disposal area, leveled to drain and
firmed under the normal operation of spreading and hauling equipment. The topsoil shall then be placed, leveled
and lightly compacted.
PLACEMENT OF TOPSOIL:
Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract,
excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be uniformly placed on these areas
to a compacted depth of riot less than three (3) inches or more than four (4) inches. The material shall be free from
clods of soil, matted roots, roots greater thanY2 inch in diameter, and any other objectionable material which might
hinder subsequent grassing and m~wing operations. The material shall be placed, leveled, and lightly compacted
with at least one pass of a cultipacker or light pneumatic-tired roller, to required cross sections, but shall be left one-
tenth (0.1) of a foot below the finished earth grade.
PROTECTION:
Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing away
that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to the required
, elevations and slopes, at no additional'expense to the Owner.
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MEASUREMENTANDPAYMEN~
Excavation of all substances encountered, except rock excavation as stated in the Proposal, shall be
included in the water main installation unit price as setforth in the Bid Schedule. Placement of fill and anyon-site
or off-site wasting of excess excavate,d ~aterial will be considered as subsidiary responsibilities of the Contractor,
and no separate payment will be made therefor.
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EXCAVATION, TRENCHING AND BACKFILLING
FOR, PIPE LINES
SCOPE: .
This section covers all excavation, trenching and backfilling for pipe lines, complete.
EXISTING IMPROVEMENTS:
Maintain in operating condition and protect from damage all existing improvements including utilities, roads,
streets, sidewalks, drives, power and telephone lines, water lines, sewers, gutters and other drains encountered,
and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the
course of the work. Make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives,
walkways and at street crossings and if necessary to provide temporary walkways and bridges for crossing of the
open trench as directed.
EXCAVATION:
Perform all excavation of every description and whatever substances encountered, to the depths indicated
on the drawings or as specified herein. Water piping shall be installed with a minimum finish cover of 40 inches.
Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings.
All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks
of trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced.
Except where otherwise indicated trenches shall be not less than 12 inches wider nor more than 16 inches wider
than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space
not less than 6 inches or more than 8 inches in width is provided on each side of the pipe. The bottom of trenches
shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil
at every point along its entire length, except for portions of the pipe s,ections where it is necessary to excavate for
bell holes and for proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded.
Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to
insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for
joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for
the particular joint used.
Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear
between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them.
Where damage is liable to resultfrom withdrawing sheeting, the sheeting will be ordered to be left in place. Except
at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate
below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum
overdepth of4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench
excavation shall be backfilled with loose moist earth, thoroughly tamped. Wherever wet or otherwise unstable soil
that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, or
is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by
the Engineer, and the trench backfilled to the trench bottom grade, as herein specified; with coarse sand, fine
gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized
excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel,
or concrete.
Grading and Stacking: All grading in the vicinity of trench excavations shall be controlled to prevent
surface ground water from flowing into the trenches~ Any water accumulated in the trenches shall be removed by
pumping or by approved methods. During excavation, material suitable for backfilling shall be stored in an orderly
manner a minimum.distance of one and one-half times the depth of excavation back from the edges of trenches
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to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the
Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the
Engineer. -T
Shoring and Sheeting: All shoring, sheeting and bracing,required to perform and protect the excavation
and to safeguard employees and the public shall be performed. The failure of the Engineer to direct;the placing
of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission.
Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the
sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place.shall
be cut off not less than one foot below finished grade. No sheeting shall be removed until the excavation is
substantially backfilled as hereinafter specified.
Water Removal: Where water is encountered, ~ shall be prevented from accumulating in excavated areas
by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and
effectiveness. Water removed from excavations shall be discharged at points where ~ will not cause injury to public
or private property, or where the work is.completed or in progress. Under no circumstances shall trench bottoms
be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in un backfilled
excavations after pipe or structures have been placed.
Blasting: Explosives are to be used only withinlegallim~ations. Before explosives are used, all necessary
permits for this worl< shall be secured and all precautions taken in the blasting operations to prevent damage to
private or public property or to persons. The Contractor shall assume full liability for any damage that may occur
during the use of explosives. No blast shall be set off within 50 feet-of pipe already laid in the trench.
Tree Protection: Care shall be exercised to protect the roots of trees to be left standing. Within the branch
spread of such trees, all trenching shall be performed with extra care. The trench shall be opened only when the
worl< can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible.
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BACKFILLING:
Trenches and other excavations shall not be backfilled until all required tests are performed and the work
has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated materials
approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved
materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted
rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large
clods of earth, debris, frozen earth, or earth with an exceptionally high void content.
For backfill up to a level one foot over the top of pressure pipelines and two feet above the top of gravity
pipelines, only selected materials shall be used. Select materials shall be finely divided materials free from debris,
organic material and stone, and may be suitable job excavated material or shall be provided by the Contractorfrom
other sources. The backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be
. moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall
be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of
voids or lateral displacement.
The remainder of the backfill material shall then be placed and compacted above the level specified above.
In areas not subject to traffic, the backfill shall be placed in 12 inch layers, and each layer moistened and compacted
to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots,
along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6 inch layers and each
layer moistened and compacted to 100% maxiinum dry density, so that traffic can be resumed immediately after
backfilling is completed. Any trenches which are improperly backfilled, or where settlement occurs, shall be
reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the
required grade 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
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Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall
be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring
shall be carefully filled and compacted. Where in the opinion of the Engineer, damage is liable to result from
withdrawing sheeting, the sheeting will be ordered to be left in place.
RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or
employees. Such restoration shall include seeding, sodding, and the repair or replacement of driveways, walks,
fences, steps, or other facilities in such manner as to meet with the approval of the Engineer and to be at least equal
in quality to the original undisturbed work.
REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EQUIPMENT:
Where indicated on the drawings or required to properly place the work under this contract, as approved
by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved
by the Engineer.
MEASUREMENT . PAYMENT:
Excavation and backfilling for pipelines and appurtenances except he'rein after provided 'for, will be
considered as incidental to the construction ofthe various elements of the installation it is associated with, and no
separate payment will be made therefor. '
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WATER DISTRIBUTION SYSTEM
SCOPE:
This section covers the installation of all pipes, fittings, valves and appurtenances for the water distribution
system complete.
WATER MAINS & FITTINGS:
All water pipe 6" through 16" shall be Pressure Class 350 Ductile Iron. All water pipe 18" through 24" shall
be Pressure Class 300 Ductile Iron. Ductile iron pipe shall be either AWWA C151 or ANSI A21.51. Ductile Iron
Pipe and fittings shall be cement lined in accordance with AWWA C104/ANSI A21.4. DIP shall have 1/16" cement
mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands shall be ductile iron.
Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall conform to AWWA C111/ANSI A21.11, and
shall be furnished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied
with the pipe in sufficient quantities for installing the pipe. The lubricant shall be approved by NSF for use with
potable water mains.
R t . d" t h II b DIP f II
es ralne JOin s s a e as 0 ows:
12" Diameter and Smaller 14" Diameter and Larger
US Pipe Field Lok, US Pipe TRFlex,
American Ductile Iron Pipe Lok-Fast, American Ductile Iron Pipe Lok-Ring,
EBAA Iron Mega-Lug, or an equivalent product.
or an equivalent product.
Standard pressure pipe fittings of size four (4) inch ID and larger shall be ductile iron conforming to AWWA
C11 0, with mechanical joints unless flanged or restrained joints are required. Gray cast-iro"n fittings are not allowed.
Ductile iron fittings shall be cement lined in accordance with A WWA C1 04. Mechanical joint fittings, 24 inches and
smaller shall be rated for 350 psi working pressure. Flanged joint fittings 24 inches and smaller shall be rated for
250 psi working pressure. All fittings 30 inches and larger shall be rated for 250 psi working pressure. For sizes
less than four (4) inch ID, fittings shall be suitable to the pipe material and application. Glands for mechanical joint
fittings shall be ductile iron, and tee bolts and nuts shall be Cor-Ten steel. Only bolt systems fumished by the
manufacturer for mechanical joints are acceptable; nuts and bolts shall be new, not reused. Pipe gaskets shall be
new as supplied by the pipe manufacturer. All flanges shall be ductile iron Class 150, ANSI B16.5. All flanges shall
be flat faced. Full face, 1/8 inch black neoprene gaskets shall be used on all flanged joints. All joints shall conform
to AWWA C111. Bolts, nuts and washers for flanges shall be hot dip galvanized, except T-bolts shall be Cor-Ten
steel.
VALVES: " "
Gate valves 4 inches to 12 inches shall be the resilient seat type conformin"g to A WWA C509 (latest
revision). Valves larger than 12 inches shall be gear operated butterfly valves, conforming to A WWA C504 (latest
revision). Wafer valves shall not be acc~pt.ed. Valves to be installed underground shall be non-rising stem type
with 2 inch square operating nut. Valv~~shall generally be installed at intervals of not more than 2,000 LF on
transmission mains and on all primary branches connected to these mains. Where possible, a valve shall be
installed next to a fire hydrant for locating purposes. '
Valves shall OPEN LEFT if installed south of Gordon HWy (SR 10); or OPEN RIGHT if installed north of
Gordon Hwy. Valves shall be provided with valve stem extensions to within 6 inches of ground surl~~e, where
centerline of pipe to grade is greater than 4 feet. .
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All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint system as
outlined in othersection(s) of these specifications, or by use of a concrete thrust block in those instances that
warrant such an installation. Thrust blocks shall be poured-in-place concrete having a minimum compressive
strength of 3,000 psi after 28 days of cure time.
FIRE HYDRANTS:
Fire hydrants shall be provided in all water mains, transmission and distribution systems. Accepted models
are Mueller #A-24018 or M&H Figure 29T AWWA Compression Type-Dry Top-Traffic Model 150 psi working
pressure, 300 psi testing pressure. All fire hydrants shall be ordered safety yellow body with white bonnet and caps,
Each hydrant shall be left tum opening and capable of delivering a flow of at least 500 gallons per minute
with a residual design pressure of not less than 20 psi. ,
Fire hydrants shall be of the dry barrel,break-away type conforming to AWWA C502 (latest revision), with
two 2 Y2 inches threaded hose nozzles and one 4 Y2 inch threaded pumper nozzle. Hose and pumper nozzle
threading shall be national standard. Show connection shall be 6-inch mechanical joint.. The center line of the
nozzles shall be 18 inches above th~ finish grade. Hydrants shall have a 5 1/4 inch interior valve opening and be
restrained from hydrant to tee at the main.
Fire hydrant branches (from main to hydrant) shall be a minimum of 6 inches ID. Each branch shall be
provided with a resilient seat gate valve located as close as possible to the main. Hydrants shall be located at or
near road right-of-way lines with pumper nozzle pointing toward the road. A clear zone around all fire hydrants shall
be adhered to, consisting of a 5 foot radius around the hydrant and 7 feet above the tope of the hydrant. Maintain
15 feet minimum from hydrant to all structures.
WATER SERVICES:
No direct service taps shall be allow~d. All service line taps shall be supplied with corporation stops.
Service line tubing shall be rolled of soft continuous and seamless copper Type K conforming to A WWA C800 and
ASTM B-88. Minimum size for residential use shall be one (1) inch. The serVice line shall be laid in a straight line
and be of a continuous piece of pipe from corporation to curb cock. The curb cock shall be located 6 inches behind
and 8 inches below the top of new grade at right-of-way. Where service connects to DIP or any pressure-rated pipe,
service saddles must be used. Brass double strap tapping saddles shall be used. U-bolt type straps are not
acceptable. All water service taps on the main shall be spaced at a minimum distance of 18 inches apart and a
minimum of 18 inches from a bell or fitting. If two or more taps are required at a minimum spacing, they shall be
offset 450 alternatively. Services greater than one (1) inch shall be seamless galvanized~ 2" services shall have
two 2" 90-degree galvanized elbows per Augusta Utilities' 2 inch Water Service detail.
Services shall not exceed over 100 feet from the main to the meter. Where possible, meter shall be placed
in unpaved area as close to the water main as possible.
METER INSTALLATION:
The Contractor shall fumish and install an approved meter box at the termination point of all water services,
and maintain until such time as a meter is installed. Meters'will be installed by Augusta Utilities Department at the
time services is required at the stub-out. Each unit within a residential bUilding'(i.e., duplex, triplex, etc.) Shall have
a separate meter, unless prior approvalis received by the Utilities Director. Meters will be available in the following
sizes only: 5/8 x 3/4,1, 1l'2, 2, 3, 4-inch, and larger standard sizes as necessary.' The Augusta Utilities Department
reserves the right to request historical data for meter sizing.
Meter boxes shall be Roma type, 10" x 19" x 10" cast iron box and lid. The top shall have cast ribs on the
bottom side with four (4) legs to prevent sliding movement. The box shall have a minimum weight of 37Ibs., for
meters 1 l'2 inch or smaller:
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VALVE BOXES:
A cast iron valve box similar and equal to M & H E-2702, Mueller H 1 0364 or approved equal. Each valve
box shall be slip-type to adjust for a minimum cover of 36" bury. The flange base of the valve box shall be at least
six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be required for
additional depth over valves. Extension shall be M&H E-3120 or Mueller H-1 0375. The word "WA TER" shall be
, - cast on the valve box cover.
WATER DISTRIBUTION SYSTEM INSTALLATION:
Handling and Storing Materials: Unload pipe so as to avoid deformation or injury thereto. Place no pipe
within a pipe of a larger size. Store pipe and fittings on sills above storm drainage level and deliver for laying after
the trench is excavated. Valves shall be drained and so stored as to protect them from freezing.
Pipe Laying. General: The interior of the pipe shall be clean and joint surfaces wiped clean and dry when
the pipe is lowered into the trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line
and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet.
Give all pipes a uniform ~earing on the trench bottom. Allow no trench water or dirt to enter the pipe after laying.
Insert a water tight plug in the open end of the piping when pipe laying is not in progress. .
Setting Valves: Before setting each valve make sure the interior is clean and test opening and closing.
Set valves and stops with stems plumb and at the exact locations shown. Provide a brick laid flat or other similar
footpiece under each curb box. Valve and service boxes shall be plumb, with tops at finished grade. Valve stem
extensions are required as described in other sections of these specifications. Tamp trench backfill thoroughly for
a distance of 3 feet on each side of the boxes.
Fire Hydrants: Fire hydrants sh?lUbe installed true and plumb with the center of the pumper nozzle facing
toward the road. Hydrants shall not be placed in a 'sidewalk.
Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction
blocking. Reaction blocking shall be made of Class liB" concrete and shall bear directly against the undisturbed
trench wall. Where trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the
Contractor shall provide steel tie rods and socket clamps to adequately anchor the piping. Mechanical restraint
systems shall be required at each fitting involving a change of direction and as specified in the approved plans. All
tie rods and clamps shall be given a bituminous protective coating.
Pressure Test: Before any work will be accepted for payment, the Contractor will fill the piping with water,
open outlets as necessary for expelling the entrapped air. Thereafter furnish the necessary equipment and test the
piping, under the supervision of the Engineer for a period of at least 2 hours at the maximum working pressure of
the pipe, in pounds per square inch, based upon the lowest elevation of the section under test. Inspect all joints
and remedy to the satisfaction of the t;ngineer any defects discovered. Continue the tests until all visible leaks have
been eliminated from the part of the system under test.
Leakage Test: The duration of the leakage test shall be 2 hours and during the test the main or section
of the main under test shall be subjected, to a pressure of 200 psi based on the lowest point in the line or section
undertest and corrected to the elevation of the test gauge. Leakage is defined as the quantity of water to be
supplied into the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test
pressure after the air has been expelled and the pipe has been filled with water at the test pressure. No pipe
installed will be accepted until the leakage is less than the number of gallons per hour as determined for the formula.
L = ND rP
3,700
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L Allowable leakage in gallons per hour'
N Number of joints in the section of pipe tested
D Nominal diameter of the pipe in inches
p Average test pressure during the leakage test in the
pounds per square inch gauge
STERILIZATION:
All piping complete with fittings and appurtenances shall be' flushed until clean and sterilized as specified
in the applicable paragraphs of Sections 2':2,2-3, and 2-4 of AWVVA SpecificationC-601 "Disinfecting Water Mains",
The provisions of this paragraph applY equally to new pipe and fittings and to existing pipe lines into which
connections have been made or which may have been otherwise disturbed to the extent that contamination may
have occurred. Any pipe, solder and flux used during this project must be "lead-free" with not more than 8% lead
in pipes and fittings, and not more than 0.2% lead in solders and flux. All requirements of the Health Department
shall be observed in executing this work. Acceptable. analysis must be obtained on three consecutive days prior
to placing the system in service. '
AS.BUIL T DRAWINGS:
As the work progresses, record on one set of utility drawings all changes and deviations from the contract'
drawings in sizes, line or grade. Record also the exact final location of water lines by offset distances to surface
improvements such as building,'curbs or property corners. Make sufficient measurements to locate definitely all
water etc., to permanent points. Transfer accurately all records in drawing ink to white prints of the utility drawings
and deliver one copy of the same to the Engineer with the monthly payment estimate, and one copy to the
municipality. '
MEASUREMENT . PAYMENT:
The water distribution system will be paid for at the unit price therefor appearing in the Bid Schedule.
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CONCRETE CONSTRUCTION
SCOPE:
This section covers concrete construction, complete, including reinforcement therefor.
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FORMS: .'
Forms shall be of wood, metal, structural hardboard or other suitable material that will produce the required
surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate alignment to
assure a smooth surface completely free from irregularities, and shall be sufficiently tight to prevent the loss of
mortar. No forms shall be left permanently in place without approval of the Engineer. Holes resulting from removal
of form ties shall be filled solid within 12 hours after removal of forms with cement mortar.
REINFORCING AND EMBEDDED METALS:
Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the ASTM
Designation A 15-65. All bars 3/8 inch and larger shall be deformed bars conforming to ASTM Designation A305-65.
Detailing, fabrication and tagging of reinforcement shall be done in accordance with the ACI "Manual of Standard
Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that were longer laps are indicated on the
design drawings, the drawings shall govern. Wire fabric reinforcement shall consist of steel wire conforming to the
requirements of ASTM Designation A 185-64. Anchor bolts and structural shapes shall conform to ASTM
Designation A36-66T. Exposed surfaces of embedded steel shall be given one shop coat of Red Lead Iron Oxide
conforming to Federal Specification TT-P-86c, Type II, unless otherwise noted on the drawings. Anchor bolts and
miscellaneous steel items to be embedded in concrete shall be accurately placed in accordance with the drawings,
and adequately secured in position to prevent dislodgement during concrete placing operations. Anchor bolts shall
be protected after concrete has been placed and set by daubing with grease, wrapping with burlap, and covering
bolts with wooden boxes.
CONCRETE:
All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance with the
requirements of ASTM Designation C94-65 and having a compressive strength at 28 days of 3,000 psi, except as
noted herein. The concrete manufacturer shall assume the responsibility of the design of the concrete mix in
accordance with Alternate NO.2 of ASTM C94-65. Air entrained concrete shall be used for all concrete exposed
to the elements.
Materials:
Cement shall be Type I or IA "Portland" cement, all one manufacturer, conforming to ASTM C150-65 or
ASTM C175-66, respectively.
Aggregates shall conform to ASTM C33-64. Coarse aggregate shall be crushed rock or gravel and graded
from 3/4 inch to #4 sieve for walls and slabs and from 2 inches to #4 sieve for mass or foundation concrete. Fine
aggregate shall be natural sand.
Mixing water shall be proportioned so that slump when measured with standard slump cone does not
exceed the following:
..............,..... ...... ....................... .....
.... ... Hq. ......... . ......................................
::':~;~I~JIII~N;:::.:'.;:::::':::;:':i'::';:::::::';::: :::::i:;:i:MIr-M~~.:i!!::! ...::;:!;!i:i:;~I~~iIM:i:II.I..:i::i;:
Slabs in grade
Walls & Footings
All others
4 inches
3 inches
5 inches
3 inches
6 inches
3 inches
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Premolded joint filler strips shall be resilient compressive, bituminous and fiber material saturated with at
least 35 percent and not over 50 percent by weight of asphalt. Poured type joint composition for expansion joints
shall be elastic compound made up of asphalt and colloidal mineral fillers.
Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete.- Runways shall
not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24 inches deep.
Vibrators may be used provided they are used under experienced supervision and the mixture is dry enough to
prevent segregation. Form vibrators shall not be used. Vibration shall,not be used for transporting or moving
concrete inside the forms. No more concrete shall be placed than can be consolidated and finished in the same
day as placed. Free fall of concrete shall be limited so that no segregation of materials occurs.
Joints: Construction joints not indicated on drawings shall be approved by the Engineer in advance of
pour. Joints in foundation walls shall be keyed. Before depositing of concrete is resumed, the hardened surface
shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted
surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before
the grout has attained its set.
Finishing: After stripping ,forms, all voids and honeycombs shall be patched by chipping and scarifying
the defective area and treating it with an approved bonding tended that all such voids be patched, not merely
plastered. Grout mixture shall consist .of 1 part Portland cement and 1 part sand. Immediately following removal
of forms, all fins and irregular projections shall be removed from all surfaces except those which are not to be
exposed or waterproofed. Slabs shall be struck-off and consolidated by approved machine or hand methods,
screedingand tamping concrete so that upon completion, the surface shall be true to grade as shown on drawings
and free of surface voids. All floors shall have a monolithic steel trowel finish unless otherwise indicated on the
drawings. Exterior walks shall be compacted, screeded and floated to atrue even surface with wood floats and then
broomed.
PAYMENT:
No separate payment will be made for the work performed under this section. Payment will be included
in the prices for the items of which concrete construction is an integral part.
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STEEL REINFORCEMENT
SCOPE:
The work shall consist of fumishing and placing steel reinforcement for reinforced concrete or pneumatically
applied mortar. . 'i:....
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MATERIALS:
Steel reinforcement shall conform to the requirements of ASTM A-615 having a yield strength of 40,00 psi.
Before reinforcement is placed the surface of the bars and any metal supports shall be cieaned to remove any
loose, flaky rust, mill scale, oil, grease or other coatings or foreign substances. After placement, the reinforcement
shall be maintained in a clean condition until it is completely embedded in the concrete.
, BAR SCHEDULE, LIST AND DIAGRAMS: .
Any supplemental bar schedul~s, bar lists or bar-bending diagrams required to accomplish the fabrication
and placement of reinforcement shall be provided by the Contractor. Prior to placement of reinforcement, the
Contractor shall furnish three prints or copies of any such lists or diagrams to the Engineer. Acceptance of the
reinforcement will not be based on approval of these list or diagrams but will be based on inspection of the
reinforcement after it has been placed.
BENDING:
Reinforcement shall be cut and bent in compliance with the requirements ofthe American Concrete Institute
Standard 315. Bars shall not be bent or straightened in a manner that will injure the material. Bars with kinks,
cracks or improper bends will be rejected. '
SPLICING BAR REINFORCEMENT:
Unless otherwise specified on the drawings, splices of reinforcing bars shall provide an overlap equal to
at least 29 times the diameter of the smaller bar in the splice but not less than 12 inches.
SPLICING WELDED WIRE FABRIC:
Welded wire fabric shall be spliced in the following manner:
A. Adjacent sections shall be spliced end to end by either:
(1) Overlapping the two pieces of fabric one full mesh (measured from the ends of the
longitudinal wires in one piece to the ends of the longitudinal wires in the other piece) and
securing the two pieces together with wire ties placed at intervals of 18 inches; or,
(2) . Overlapping the two pieces of fabric so that the end crosswire of each piece comes in
contact with the next~to-end crosswire of the other piece and securing the two pieces
together only as required to keep the fabric in place and prevent it from curling.
B. Adjacent sections of fabric shall be spliced side to side by either:
1.1 Placing the two selvage wires (the longitudinal wires at the edges of the fabric) one
alongside and overlapping the other and securing the two pieces together with wire ties
placed at intervals of 3 feet; or, .
1.2 Placing each selvage wire in the middle of the first mesh of the other section of fabric and
securing it to the other section at intervals of 10 feet by means of wire ties placed on the
selvage wires alternately at intervals of 5 feet; or
1.3 Placing the selvage wire in contact with the next-to-edge longitudinal wire and securing
them together only as required to keep the fabric in place or to prevent it from curling.
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PLACING:
Reinforcement shall be accurately placed and secured in position in a manner that will prevent its
displacement during the placementof concrete. Tack welding of bars will not be permitted. Metal chairs,metal
hangers, metal spacers and concrete chairs may be used to support the reinforcement. Metal hangers, spacers,
and ties shall be placed in such a manner that they will not be exposed in the finished concrete surface. The legs
of metal chairs that may be exposed at the lower face of slabs or beams shall be galvanized. Precast concrete
chairs shall be manufactured of the same class of concrete as that specified for the structure and have tie wires
securely anchored in the chair or a V-shaped groove at least 3/4 inch in depth molded into the upper surface to
receive the steel bar at the point of support. Precast concrete chairs shall be moist at the time concrete is placed.
Reinforcement shall not be placed until the prepared site has been inspected and approved by the
Engineer. After placement of the reinforcement, concrete shall not be placed until the reinforcement has been
inspected and approved by the Engineer.
MEASUREMENT . PAYMENT:
No separate payment will be made for work performed under this section. Compensation therefor will be
considered as included in the prices shown in the Bid Schedule for the various items to which Steel Reinforcement
is an incidental element.
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GRASSING
SCOPE:
This section covers the furnishing of all labor and materials and the performance of all work required to
assure the establishment of a dense permanent cover of common Bermuda grass on all areas of the s~e disturbed
by construction operations.
SEED BED PREPARATION:
Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low
spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage after
establishment of the turf before tillage is begun. Graded surfaces will be maintained in a smooth and even condition
until the required cover is established. '
After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly
loosened to a depth of at least six (6) inches by plowing, disking, harrowing, or other approved methods until the
tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all roots,
cable, wire, or other waste material which might hinder final grading, planting, or subsequent maintenance
operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun.
FERTIUZA TION:
Fertilization shall be distributed uniformly at a rate of 1,500 pounds of commercial 10-10-10 analysis
fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by disking,
harrowing, or by other approved memods. The incorporation of fertilizer may be apart of the tillage operation
specified above, or a part of the hydroseeding procedure as described below:
Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the
rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three (3) inches by
disking, harrowing or other acceptable methods. The incorporation of lime along with the fertilizer may form a part
of the tillage operation specified above.
Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda
or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product, containing not less than
16 percent Nitrogen and Ammonium Sulphate not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be
uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of
available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option of
the Contractor. The time of application shall be limited to the season of June through August.
SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following
methods: '
Between the dates of April 15 and September 15, Hulled Common Bermuda seed shall be applied at a rate
of 20 pounds per acre and Brown-Top Millet seed shall be applied at a rate of 50 pounds of seed per acre.
If seeding is undertaken, between September 15 and April 15, Unhulled Common Bermuda seed shall be
applied at a rate of 40 pounds of seed per"acre simultaneously with Ryegrass seed at a rate of 50 pounds per acre.
Seed may be applied by means qf a Hydroseeder or other means approved by the Engineer.
COMPACTION:
Immediately after seeding operations have been completed, the areas shall be compacted by means of
a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods,
to reduce air pockets to a minimum. The completed planted areas shall be left with a firm, even surface, free from
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abrupt humps and hollows, and to the'established grade.
MULCHING:
All areas planted to permaneot,grass shall be uniformly mulched with hay or straw at the ate of 1 % tons
per acre, except where hydroseedingis employed using a cellulose mulch mixed_with the seed and fertilizer.
ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanen~ grasses is obtained and weeds are
not dominant.
APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications
for Highway Construction of the Georgia Department of Transportation, latest Edition.
MEASUREMENT . PAYMENT:
Work performed under this section will be paid for at the lump sum price for Grassing appearing in the Bid
, Schedule. Payment therefor will include full compensation for all materials, labor and equipment required to
establish the required permanent stand of grass. '
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