HomeMy WebLinkAboutTOPCOR AUGUSTA LLC WALTON WAY EXT STORM DRAIN IMP
Invitation To Bid
Bids will be received at this office until 11 :00 a.m., Friday, August 11, 2006.
Bid Item #06-125 Walton Way Extension Storm Drain Improvements for Augusta Engineering Department
Bid's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
Bid documents may be examined at the office ofthe Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta,
GA 30911. Plans and specifications for the project can be made available upon request to Augusta Blue Print. The fee for the
plans and specifications which are non-refundable are $100.00.
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA
30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30904. It is the wish ofthe Owner that all businesses are given the
opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online
(www.aue:ustablue.com) at no charge through Augusta Blue Print (706-722-6488) beginning Thursday, June 29, 2006. Bidders are
cautioned that submitting a package without review or Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project.
Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
A Mandatory pre bid conference will be held on Friday, July 21, 2006 @ 10:00 a.m. in the conference room ofthe Procurement
Department. All questions must be submitted in writing to the office ofthe Procurement Department by fax at 706-821-2811 or
by mail. The last day to submit questions is Tuesday, July 25, 2006 by 4:00 p.m. No bid will be accepted by fax, all must be
received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference
on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the
Procurement Department with your bonafide bid package.
It is the wish ofthe Owner that minority businesses are given the opportunity to submit on the various parts ofthe work. This desire
on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner
supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth
and development.
No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to
be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100%
payment bond will be required for award.
Bidders will pleasenote that the number of copies requested; all supporting documents including financial statements and references
and such other attachments that may be required by the bid are material conditions ofthe package. Any package found incomplete or
submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly
disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the
Augusta Commission. Please mark bid number on the outside of the envelope.
Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For
more information about this program contact the Office of the Disadvantage Business Enterprise at 706-821-2406
GERl A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Augusta Focus
June 29, July 6, 13,20,2006
July 62006
cc:
Tameka Allen
Abie Ladson
Robert Oliver
Anthony Williams
Yvonne Gentry
Interim Deputy Administrator
Engineering Department
Engineering Department
Engineering Department
DBE
SEALED BIDS SELECTION METHOD
A method for submitting a bid to perform work on a proposed contract. In general, each party interested
submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable
responsible bid is accepted. All bid responses will be retained as property of Angusta-Richmond
County.
Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed
bidding except as otherwise provided elsewhere in this article (see S 1-10-45 - Sealed Proposals; 1-10-46
- Professional Services; 1-10-47 - Quotations; 1-10-49 - Sole Source Procurement; and 1-10-50 -
Emergency Procurements, of this chapter).
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement
Office and shall include specifications prepared in accordance with Article 4 (Product
Specifications), and all contractual terms and conditions, applicable to the procurement.
Pre-bid conference and addendum. A conference to be conducted by the Procurement Director and using
agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of
bids. While the pre-bid conference is not a requirement, it is strongly recommended and widely used to
further acquaint interested bidders with the bid requirements and items to be purchased and vendor input.
Any substantive changes to specifications resulting from the pre-bid conference or other
vendor/contractor sessions shall be documented in an addendum and communicated to all bidders
registered for the procurement action.
Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time
and place designated in the public notice and invitation for bids. The amount of each bid, and such other
relevant information as the Procurement Director deems appropriate, together with the name of each
bidder shall be recorded; the record and each bid shall be open to public inspection in accordance withS
1-10-5 (Public Access to Procurement Information).
Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at
the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be
conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based
on the requirements set forth in the invitation for bids, which may include bidder responsiveness,
capability and past performance, and criteria to determine acceptability such as inspection, testing, quality
workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid
price and be considered in evaluation for award shall be objective and clearly measurable, including but
not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using
life-cycle costing is that both initial costs and related costs for the life of the item are considered. When
the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract
specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher
incidence of maintenance, and down-time could eat up any savings made if the Procurement process
considers only the initial cost. Under no circumstance will any bid be accepted by fax or email. All bids
must be labeled and received in the Procurement office by the due date and time. There will be no
exceptions made for any late. lost by the post office or express carrier. or misdirected submittals.
Please be aware that vendors shall be removed from the vendor list for the following reasons:
(1) Declining to offer bids for the period of time listed in specifications.
(2) Suspension for the following shall not be for less than three (3) months or more than
three (3) years:
(a) Failing to satisfactorily meet terms, agreements, or contracts made with the
Procurement department or the using agency.
(b) Being convicted of criminal offenses in obtaining contracts or convicted of
embezzlement, violation of state or federal anti-trust statutes, or any other crime
which indicates a lack of business integrity or honesty.
(c) Violating contract provisions or failing to perform without good cause or any
other cause which the Procurement Director deems to be so serious as to affect
the responsibility of a contractor, including disbarment or suspension from a
vendor list by another government entity.
PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS
(a) Augusta encourages the use of local suppliers of goods, services and construction products
whenever possible. Augusta also vigorously supports the advantages of an open competitive market
place. Nothing in this Section shall be interpreted to mean that the City Administrator or Purchasing
Director is restricted in any way from seeking formal bids or proposals from outside the Augusta market
area.
(b) When the quotation or informal bids selection method is used by the Purchasing Director or using
agency head to seek firms to quote on Augusta commodity, service and construction products, local firms
should be contacted, if possible, first. Then if the Purchasing Director or using agency head believes that
there may not be at least three qualified informal bidders, quotes shall be sought from outside the Augusta
market area.
(c) In the event of a tie of bid (see 1-10-43 (h)), when all other factors are equal, the City
Administrator is encouraged to select the bid from within the local market area. The City Administrator
shall retain the flexibility to make the award of contract to a bidder outside of the local market area if
evidence supports collusive bidding in favor of a local source.
(d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or
$10,000, whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to
match the bid of the lowest non-local bidder; if matched, the lowest local bidder will be awarded the
contract.
For purposes ofthis section, "local bidder" shall mean a business which:
1) Has had a fixed office or distribution point located in and having a street address within
Augusta for at least six (6) months immediately prior to the issuance of the request for
competitive bids or request for proposals by Augusta; and
2) Holds any business license required by the Augusta-Richmond County Code and
3) Employs at least one (1) full time employee, or two (2) part time employees whose primary
residence is in Augusta, or if the business has no employees, the business shall be at least fifty
percent (50%) owned by one or more persons whose primary residence is in Augusta.
BACKGROUND INFORMATION ON VENDORS.
The Department Head and/or the Administrator is directed to provide the bid amount as submitted,
information concerning the vendor's previous performance, the service and quality of the products
offered, the availability of the goods and services when needed, adherence to delivery schedules, and
other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts
for the Commission's consideration. The information is to be included in the backup documents for the
Commission's consideration in awarding the contract.
INSPECTION OF PURCHASES.
The Procurement agent in conjunction with the using agency or department head shall inspect, or
supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their
conformance with the specifications set forth in the pertinent purchase order or contract. The
Procurement agent may require chemical and physical tests of samples submitted with bids and samples
of deliveries, which examinations are necessary to determine quality of tQe samples and conformance
with specifications.
Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein.
Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
In addition to price and other material factors, the Procurement Director, in consultation with the using
agency, shall consider the following in the context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform, the contract or provide the services required,
(2) The capability of the bidder to perform the contract or provide the service promptly, or within the time
specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract
or servIces,
(6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract,
(7) The quality, availability, and adaptability of the supplies or services to the particular use required,
(8) The number and scope of conditions attached to the bid by the bidder, and
(9) Service availability may be considered in determining the most responsible bid, and the bidders shall
be required to submit information concerning their ability to service and maintain the product of the
equipment.
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and
signed by the Procurement Director and/or Administrator and made part of the record file for audit
proposes.
It is the wish of the Owner that minority businesses are 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.
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EMPLOYEE CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a
procurement contract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate
family has a substantial interest or financial interest pertaining to the procurement
contract, except that the purchase of goods and services from businesses which a
member of the Commission or other City of Augusta employee has a financial
interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is
awarded pursuant to a.C.G.A. 45-10-22 and 45-10-24, or the transaction is
excepted from said restrictions by a.c.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of
any member of an employee's or officials immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the procurement
contract.
Any employee or official or any member of an employee's or official immediate
family who holds a substantial interest or [mancial interest in a disclosed blind trust
shall not be deemed to have a conflict of interest with regard to matters pertaining to
that substantial interest or [mancial interest.
I, (vendor)
-::JA I-( IE. 5 l.3A..KE:'~
have read and understand the information
contained in the bid specifications.
Signature:
Vendor Name: I opeO R A....~ I LlC.
3c::r?7 ~sk.~ ~si-r;A.\ 'ElvQ.
A~ I C-o.... ~OqD ~
Phone #: (70') 7C}Z - I II CY Fax # (]O ,) 7tt2-- /.4-1
8-11-0fD
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'.;:#"06-/z5 ::s70A!H Ptb1,i5\JT"I'/l!bi/EH~~
OM MUST BE SUBMITTED WITH RFQ PACKAGE. NO EXCEPTlON(S) WILL BE GRANTED
Address:
City & State:
Date:
~
~((;ro?Jumt Wtjxuctment
Si1i' @(}Ji. (jl/O/Jl'ltJ, {JJlo/le{jtIN'
'ADDENDUM
TO:
All Bidders
FROM:
Oeri A. Sams
DATE:
August 2, 2006
SUBJ:
ADDENDUM #1
BID ITEM #06-125 - Walton Way Extension Storm Drain hnproyements
for Augusta Engineering Department
BID DUE Friday, August 11,2006 @ 11 :00 a.m.
Please note the following change to your bid package:
Please acknowledge receipt of addendum in your bid package.
If you haye any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Abie Ladson
Yvonne Gentry
Interim Deputy Administrator
Engineering Department
DBE Coordinator
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aulrnstae:a.IWv
Register at www.demandstar.com/sUl)nlierfor automatic bid notification
Addendum No. 1
to the
Contract Documents and Drawings
for the construction of
Bid Item # 06-125
Walton Way Extension - Storm Drain Improvements
Our File No. 2004-0396
August 2, 2006
1. The following clarifications/amendments have been made to the contract drawings: (No revised
contract drawing sheets will be reissued.)
A. Sheet 2 - Revise all pay items and quantities in the Detailed Estimate to match enclosed
revised Proposal Section (P-1 through P-2) on Pages 2-3 of 6.
B. Sheet 3 - Revise parcel NIP Milton Martin, Jr. as shown on Page 4 of 6 to include new
junction box, asphalt removal apd replacement, and concrete curb and gutter removal
and replacement.
C. Sheet 5 - Add Paving Detail and Curbing Detail on Page 5 of 6.
D. Sheet 5 - Add Catch Basin - Type 9 on Page 6 of 6.
III. The following items haye been revised or added to the contract documents and specifications:
A. Proposal Section - Delete the Proposal Section (P-1 through P-2) in its entirety and
replace with the enclosed revised Proposal Section on Pages 2-3 of 6.
(Note that CCTV Inspection was revised to Video Inspection.)
Addendum No. 1 Page 1 of 6
SEP-26-2006 14:12
ARC PURCHASING
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161-1000 CONTROL OF SOIL EROSION AND SEDIMENTATION LS 1
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205-0002 UNSUI~~!Il:E El5S:AVATION, INCLUDING DISPOSAL CY 75 ,
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561-3100 LIGHT TO MEDIUM CLEANING OF EXlSTlNG 84-INCH C.M.P. (IF LF 748
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561.3200 JOINT REPAIRS EA 20
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561-3300 PRESSURE GROUT PIPE EXTERIOR CF 500
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561-3484 PLACE REINFORCING & SHOTCRETE EXISTING 84-INCH C.M.P. SY 1.830
(CRANE CREEK TO SCOTT NIXON DRIVE)
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561-3584 DE-WATER, CLEAN & SHOTCRETE INVERT OF EXIST. 84-INCH Sy 1,005
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668-1205 CATCH BASIN GROUP 2, SPECIAL DESIGN EA 1
668-1210 CATCH BASIN GROUP 2, ADDITIONAL DEPTH. SPECIAL DESIGN LF 12
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SEP-26-2006 14:12
ARC PURCHASING
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SEP-26-2006 14:13
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CONSTRUCT SHEDDING GUTTER WHERE
GRADES ON PLAN SHEETS INDICATE.
SLOPE TO t.IA TCH PAVEMENT GRADE.
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CURBING nET AIL
N.T.S
2" 12.5mrn SUPERPAVE ASPHALTIC CONCRETE IN ACCORDANCE
W1~ SEC110N 400 OF THE GA. D.O.T. sPECIFICATION.
LATEST ED 111 ON.
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.y;((VA0\ ,\0~\>>>~\'>>\"Y'
6" GRADED AGGREGA TE B~E COMPACTED. ~ SUBGRADE MIXED &: COMPAC1EO TO 100:11:
TO 100~ MAXIMUM DRY DENSITY. MATERIALS MAXIMUM DRY DENSITY. MATERIALS &: COMPACTION
& COMPACllON SHALL BE: IN ACCORDANCE SHALL BE IN ACCORDANCE WITH SECTION 209 &
W1lH SECTION 310 &: 815 OF GA. D.O.T. 810 OF GA. D.O.T. SPECIFICATIONS, LAlESl EDI110N
SPECIACA110NS, LATEST EDI110N.
PAVING DETAIL
N .T.S.
WALTON WAY EXTENSION
STORM DRAIN IMPROVE:MENTS
~
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Cranston. Robertson & Whitehurst.. PJL.....
.. III.IS S1lIll':r . ,.4. _ 8CI . ........ _ _
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PI/! Dr16I =-J_ I!JIMJ __
ADDENDUM NO.1 SHEET (i OF jl;
%00.-0396 81Z/06
TOTAL P.07
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. ADDENDUM
TO:
All Bidders
FROM:
Geri A. Sams
DATE:
August 7, 2006
SUBJ:
ADDENDUM #2
BID ITEM #06-125 - Walton Way Extension Storm Drain Improvernents
for Augusta Engineering Department
BID DUE Friday, August 11, 2006 @ 11 :00 a.m.
Please note the following answers to questions for Bid Item #06-125:
Please acknowledge receipt of addendum in your bid package.
If you haye any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Abie Ladson
Yvonne Gentry
lnterim Deputy Administrator
Engineering Department
DBE Coordinator
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aUlmstae:a.e:ov
Register at www.demandstar com/supplier for automatic bid notification
Addendum No.2
to the
Cont~act Documents and Drawings
for the construction of
Bid Item # 06-125
Walton Way Extension - Storm Drain Improvements
Our File No. 2004-0396
August 7, 2006
1. The following questions for clarification have been posed by a potential bidder and the
responses immediately follow. (No revised contract drawing sheets will be issued.):
A. ((The plans refer to 2" x 2" W12XW12 welded wire mesh. Does this mean a 2" x 2 "
12 gauge wire mesh?"
1. Yes, a 2"x2" 12 gauge welded wire fabric shall be used.
B. "For the 1,100 linear feet ofpipe receiving concrete in the invert only, can the
concrete be poured and trowel applied?"
1. Yes, that is acceptable as long as the invert is formed in accordance with the
detail.
C. ((After we install the wire mesh reinforcement in the 84" CMP, can we pour afoul'
foot wide bottom in the pipe? The bottom will allow access without crushing the
wire mesh against the bOttom of the pipe and will ease the removal of rebound from
the shotcrete operation."
1. Providing cold joints are addressed in accordance with the specifications, this
is an acceptable method.
II, The following clarifications/amendments have been made to the contract drawings: (No
revised contract drawiJ?-g sheets will be reissued.)
A. Sheet 5, Shotcrete Lining Detail- Revise "2" x 2" W12 XW12 galvanized welded wire
fabric" to "2" x 2" 12 gauge galvanized welded wire fabric."
Addendum No.2 Page I of 1
ATTACHMENT A
PROPOSED DBE PARTICIPATION
PRIME CONTRACTOR t'OFtf>/L Aujv~-k-.;, LtC.. PROJECT:#321.-04-- ZO'!-fJ 2Z~7B
DBE FIRM
PRINCIPAL
OFFICIAL
(i.A(l..'-f
ADDRESS/PHONE
NO.
70,.93 -s
~it..vc:ri D,.)
Total Price:
Total DBE value
Total DBE percent:
C Contractor will perform%oftbis contract
Signed By: ~
Titl" ~~"Jb..+-
Date: g - \ \- 0 (p
TYPE OF WORK
$ ~OO, 73B. ~O
,.
pO
~ t,tPO -
,,7:5
$
%
Revised 1/24/06
Dollar Value
of Work
....
S 600 -
84/20/2606 10:15 7065552576
68!~6/2e86 12:1a 78621e83e~
HARLEMLIBRARY
11..1j\..L.H'- .....n.-...~ !o'-'_..'
PAGE 132/02
--+
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4.tBC~NT B
PKOJICT ~ ~ ~2... 0....... ~J')f-€ ~1e
11V'~;p~ wAY #~l/4i11JJ ~N'
~/,A.) :;C",""I',e"vI' ~1S
unn OF mrllNl TO P"UFORM AS.A 9U8COl'lSUL T AJ.'CT/SVlCO/"fTRACTOJlI8UPI'LIZB
'fo: 'lO~(l.. 4~aoJ~ ~,~
(!'lAME 01 pr.Ol'OS'f.F.) . ,
,... Tb& ~U\isae~ intends ~ IlC'nonn iWock in co~ with tile above proj~t in !he followina
~ity(~koo.):
L A.J\ irldlvictual.
___ A~P'
A eorporaticn
_' A j()d vmt\mI
B. The DBE ,1.It"Ut 0' tIw undmi~d iJ eonfl.l1DEll at follows;
___ By t.Wicbrrtetlt of .. eumot Cmifiate at Cerd;6u.tios\ jallllfld ~ tb. nep.rtmll2t of
T~tion
_~ B)' &ttullmoODt of e CUrrtllt Cttti{i~icn iSS\1ed by the Diudvarltalr.4 BuainCQ
EtltwprifC Ofnce
C. Tbc'llll&:tliptG is prepared to pert. the followtD8 ~ iA ~oo with the tbO'110 ptoject
~~~-t~L:~ .
0, Tbc~pcchl.lw, tb8t ~ will'be perfoapinV - ,1 % oldle lotal ~ject.
-~-_...- .
-----
E. 1"be 'Ull~ will subLt1 udlor..~ / IJ. dJ 't\ of tJUa aubooJltnCllO ~oo- DeE
cDaUc:tan ..n 1<< DD~.I:>BE sUl?P1u,l". ~.
. gtttmmt for the abovt dmrlbed wot:k with the
. Cl ClXC'lCllboll of a conltlCt tor tile projlliiCt cited bC':rtlU1
Coo\3tY.
By: :;V"U elf (..~c..f;o"
(Dun ConDll 'trill NIlOC)
'1po4By;):)~~1.
o COUtrlCtot wiJJ ptItfotm 100-4 of tit ~~c
RW!lJed 1/?.A106
FR'~1 :DBE OFFICE
FAX 1'10. : 7068214228
Aug. 10 2006 04:11PM P2
Disadvantaeed Busint'.8S Enterprise
Yvoune Gentrv
DBE Coordinato~
April 4, 2006
Dorsey Construction
4422 Dorsey Drive
Dearing, GA 30808
Attn: Gary Dorsey
Your firm has been registered as a Minority Business Enterprise (MBE) with the Augusta-
Richmond County Disadvantaged Business Enterprise Department (DBE). Your company's
registration will last for a period of two (2) years, beginning April 4. 2006. Registration- entitles
your firm to be included on the DBE website directory and your firm information will be submitted
to all contractors bidding on the ,A,ugusts-Richmond County projects.
Placement on the DBE Directory's list is no guarantee of solicitation for informal or forms I
invitation to bids/proposals. This is a service of convenience for the vendor and Augusta-
Richmond County and not a binding assurance of solicitation. To insure maximum bid
participation, vendors should register with DemandStar Service which will allow you to receive
the appropriate bid specifications as they are issued. Please call toll-free 1-800-711-1712 or
visit W\WI.demandstar.com for more information.
As a registered firm. you are required to notify the Disadvantaged Business Enterprise Office of
any changes in ownership and/or control of your firm. Failure to provide this notification, in
'NI"iting. may result in your firm being removed from the Disadvantaged Enterprise Office
register.
We welcome you to the Augusta-Richmond County Disadvantaged Business Enterprise
program,
Sincerely,
<Yvonne gentry
Yvonne Gentry
DeE Coordinator
YG:glw
DisadvlIntaged BIISll1eS5 Enterprise Departlllent
501 ~rne Stn;ct- Suite 304. Augusla, GA 30901
(706) 821-4206 - Fax (706) 821-422.ll
WWW.AUQUSTAOA.OQV
Certification Statement
Local Vendor Preference
I certify that my company meets all of the following qualifications to be eligible for the local vendor
preference:
(1) That my company has a fixed office or distribution point located in and having a street address within
Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or
request for proposals by Augusta; and
(2) That my company holds any business license required by the Augusta Richmond County Code for at
least 6 months
(3) That my company employs at least one (1) full time employee, or two (2) part time employees whose
primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty
percent (50%) owned by one or more persons whose primary residence is in Augusta.
(4) Attached is a copy of my Augusta Business License.
A....":I u.sk-~ LLC-
&.-o5t.(~ -.;C ~ '1'::>u.s 11<.. ,A.. L
Business License Number 7 Z 51 S
Phone Number: 70 &.. - 7Cf l.,. , { \ q
Q..
Company Name: lO?CO""R.
Address: .3q 7 7
J3\.vD.
Fax Number:
7D&"-7'12" 114-1
Owner's Name:
f)4f if 5+ , 20 ().b
Notary Public for the State of L p,. My Commission Expires @ d cz"d-~
Notary Public Signature ~~_ ;e.. J1.1.. tf1V.... ~ 6 'l~ 7r-
Printed Name: 7E ILIlJ L. fhoo (' e /I b? 'S' 7 r
---l.
II
VENDOR DO NOT COMPLETE
~ -: ...
::-
II
To be completed by Authorized City Representative from Business License & Inspection Depa~~~mt:
Vendor Certified:
Date:
.,
'.
Authorized Signature
This 101m MUST be submitted with bid package. NO Exception(s) will be granted
. vmp-
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August 11 th, 2006
3977 Goshen Industrial Blvd.
Augusta, Georgia 30906
Ph: (706) 792-1119 Fax: (706) 792-1141
Watts: (866) 247-3317
The Augusta Commission
at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street
Augusta, Georgia 30911
Re: Walton Way Extension Storm Drain Improvements
Project Number: 322-04-204822378 Bid Item # 06-125
Gentlemen:
TOPCOR Augusta, LLC. is pleased to proyide a bid for the aboye referenced
project. We look forward to working with the City of Augusta on this project as well as
many more proj ects in the future.
TOPCOR Augusta, LLC. opened in 1998 and the large majority of our
employees call Augusta their home. Although TOPCOR has been mostly associated with
the industry in this area, it is our desire to become a fIrst choice resource for the City of
Augusta's public works department and engineering department for services that until
now could only be proyided from out of town yendors.
TOPCOR is uniquely qualifIed to complete this project due to our expertise in
concrete restoration that includes both wet and dry shotcrete applications. TOPCOR is a
member of the American Concrete Institute as well as the American Shotcrete
Association.
Again, we appreciate the opportunity to proyide a bid proposal for this project
and look forward to working with the City of Augusta in the future.
rew D. Braithwaite
Vice President
TillS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED.
BUSINESS
CERTIFICATE
AUGUSTA
THIS CERTIFICATE EXPIRES
ACCOUNT 2006#031388
ISSUE DATE 01/24/2006
CERTIFICATE ISSUED IN NAME OF .
TOPCOR AUGUSTA LLC ;,,':'
Sunday, December 31,2006
Yearly
01/0112006-12/3112006
. ,..:{r'.
BUSINESS LO-CATION .",.,,;':.r.(i
3977 GO~~ INDV.STRl~i'~VD.-,-J/.;t.
CERTIFICXTE ADDRESS'lNFORMATION
JAMES BAKER
18422 WVILLAGE WAY
BATON ROUGE, LA 70810
MAILING ADDRESS INFORMATION
TOPCOR AUGUSTA LLC
ANDREW BRAITHWAITE
3977 GOSHEN INDUSTRIAL BLVD
AUGUSTA, GA 30906
2006
SIC CODE 23322
BUSINESS. Bun.DING com
CA TEq9c~X".i:~
BUSINE.SS'<TYPE CONTRACTOR
..!i~~t:--,,, ~
THE LICENSE AND INSPECTION
DEPARTMENT SHALL HAVE THE RIGHT
TO SUSPEND ANY CERTIFICATE IF THE
BUSINESS VIOLATES ANY LAW OR
ORDINANCE OF THE UNITED STATES,
THE STATE OF GEORGIA, OR RICHMOND
COUNTY.
ORIGINAL
72518
List of References
International Paper
Augusta, GA
Mr. Gary Mckenzie
706-796-5559
Rayonier,Inc
Jesup, GA
Mr. Greg Young
912-427-5329
DSM North America
Augusta, GA
Mr. Steye Rogers
706-849-6626
PCS Nitrogen Fertilizer
Augusta, GA
Ron Ansley
706-849-6509
Thiele Kaolin Company
Sandersville, GA
Mr. Billy Wiggins
478-552-3951
Smurfit Stone Container
Florence, SC
Mr. Mike Lumas
843-662-0313
List of Services
Restoration & Strengthening
Wet & Dry Shotcrete
Form and Pwnp
Structural Strengthening
Carbon Fiber
Blast Resistance
Pile Jackets
Elevated Deck Repair and Replacement
Epoxy Injection
Crack Repair
Specialty Concretes
Microsilica
Machinery Grouting
Balcony and Fayade Repair
Floor Leyeling/ Resloping/ Drainage
Diving Services
Infrastructure Rehabilitation
Manholes
Lift Stations and Wet Wells
Clarifiers and Head Works
Protection
Concrete Coatings
Epoxies, Vinyl Esters
~ Elastomeric
Polyurea
FRP
Acid Brick
Primary/ Secondary Containment
TSA Thermal Spray Alwninum
Cathodic Protection of Steel
Thermoplastic Liners
HDPE
HDPP
Resinous/Seamless Floor Systems
Expansion Joints
Urethane Crack Injection
Parking Deck Membranes
Fire Proofmg
Waterproofing
Thermal Spray Metallizing & Cathodic Protection
Cathodic Protection of Reinforcing Steel in Structural Concrete
Protection from Corrosion Under Insulation (CUI) using Thermal Spray Aluminwn
Cathodic Protection Pile Jackets
Metallizing Steel Structures
Barrier Coating and Cathodic Protection
Heat Resistance
Marine Structures and Risers
Steel Bridges
ATTACHMENT C
(Contractor's Statement of DBE Utilization Form)
The completion of this form is the responsibility of the awardee of the contract. Complete the form
indicating the DBE's utilization for the requested pay period. This information identifies the actual DBE
sub-contractors/suppliers, types of work performed, actual dollar value of work/services and suppliers.
To avoid delay of payments this form must accompany all pay requests.
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AUGUSTA-RICHMOND COUNTY
CHECKLIST FOR GOOD FAITH EFFORTS
A bidder's good faith efforts must be those that could reasonably be expected from a bidder who was
actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith
efforts may include, but are not limited to:
Yes No
1. Soliciting, through all reasonable and ayailable means, the interest
for all certified DBEs who haye the capability to perform the work
of the contract. Such solicitations must be in sufficient time to allow
DBEs to participate effectiyely.
2. Confirming attendance at any pre-solicitation or pre-bid meetings.
3. Proyiding proof of any adyertisements in general circulation, trade
association, and minority or woman focused media.
4. Documenting the follow-up to the initial solicitation with DBEs.
5. Documenting how portions of the work were selected to solicit DBE
participation and how the selection was made in order to increase the
likelihood of meeting the DBE goals. This would include, where
appropriate, breaking down contracts into economically feasible units
to facilitate DBE participation. .
6. Proyiding information on any negotiations with DBEs including bid
item adjustments, terms and conditions of the contract, bonding and
insurance requirements and etc.
7. Documenting efforts to assist DBEs in obtaining bonding, lines of
credit, or insurance.
8. Proyiding copies of the information supplied to DBEs to solicit their
bids. Such information should include adequate information about
the plans, specifications, and requirements of the contract to enable the
DBE to supply a complete and competitiye bid.
9. Proyiding information regarding the services/assistancesecured from
minority and women community organizations, contractors' groups, local
minority and women business assistance offices and other organizations
that proyides assistance in the recruitment and placement DBEs.
10. Negotiating in good faith with interested DBEs. It is the bidder's
responsibility to make a portion of the work ayailable to DBE
subcontractors and suppliers. The bidder must proyide documentation that
consideration was giyen when selecting portions of the work or material
needs on the contract to the ayailability of DBE firms in those areas when
soliciting for DBE participation.
11. Documenting the basis for rejecting DBE bids. In cases where the bidder
determines the DBE to be unqualified, supporting eyidence used to make
the determination must be proyided.
Revised 1/24/06
WALTON WAY EXTENSION
STORM DRAIN IMPROVEMENTS
PROJECT NUMBER: 322-04-204822378
List of Project Documents
SECTION
AGREEMENT
PROPOSAL
PERFORMANCE BONDS
LABOR AND MA TERrAL PAYMENT BOND
BID BOND
GENERAL CONDITIONS
INDEX SPECIAL CONDITIONS
INDEX TO TECHNICAL SPECIFICATIONS
PAGES
A-I THRU A-4
PI
PB 1 -PB2
PB3 - PB5
BB 1 -BB2
GC1 -GC5
SCl - SC7
TS-O-OI - TS-6-02
SECTION A
AGREEMENT
~
5th Sept
THIS AGREEMENT, made on the~ of ,200,; by and between AUGUSTA,
GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party
ofthe fIrst part, hereinafter called the OWNER, and TOPCOR Augusta party of the second part,
hereinafter called the CONTRACTOR. LLC
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
1abornecessary, and to perform all of the work shown on the plans described in the specifications for the
project entitled:
WALTON WAY EXTENSION STORM DRAIN IMPROVEMENTS
PROJECT NO. 322-04-204822378
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 IT - TIME OF COMPLETION -- LIOUIDA TED DAMAGES
The work to be performed under this Contract shall be commenced within Ten (lQ)
calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall
be completed no later than Ninety (90) calendar days after date of Notice to Proceed.
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 CONDmONS ofthis Contract. Contractor agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure 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 the completion of the work described herein is a reasonable time for the
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAlL OR REFUSE TO.COMPLETE
THE WORK WTI1IIN THE TIME(S) HEREIN SPECIFIED, then the Contractor does hereby agree,
A-I
contract as hereinafter set forth, for each and every calendar clay that the Contractor shall be in
default after the time(s) 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'oftime is fixed for the
performance of any act whatsoeyer; and where under the contract an additional time is allowed for
the completion of any work, the new time limit fixed by extension shall be the essence of the
Contract.
ARTICLE III - PAYMENT
A. THECONTRACTSUM
The Owner shall pay to the Contractor for the performance of the Contract the amounts
determined for the total number of each of the units of work in the attached schedule
completed at the unit price stated. The number of units contained in this schedule is
approximate only, and the final payment shall be made for the actual number of units that are
incorporated in or made necessary by the work covered by the Contract.
B. PROGRESS PAYMENTS
On,not later than the fifth day of every month, the Contractor shall submit to the 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 ofthe preceding
month, the estimate shall include only quantities in place and at the unit prices set forth in
the bid schedule. Within ten (10) days of receiving each Application for Payment, the
Engineer shall either indicate in writing a recommendation of payment and present the
application to the Owner, or return the Application to the Contractor indicating in writing
necessary corrections. In the latter case, the Contractor shall make the corrections and
resubmit the application.
Ten days after presentation of the Application for Paymentto the Owner with the Engineer's
recommendation, the Owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained
percentage may be held by the Owner until the final completion and acceptance of all work
under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the
Engineer shall within 10 days make such inspection, and when he finds the work acceptable
A-2
under the Contract and the Contract fully performed he will promptly issue a finalcertificate,
over his own signature, stating thelt the workreqllired by the Contract has been completed
and is accepted by him under the terms and conditions thereof: and the entire balance found
. to be due the Contractor, including the retained percentage, shall be paid to' the Contractor
by the Owner within 30 days after the date of said final certificate. .
B. Before fmal paymentis due the Contractor shall submit evidence satisfactory to the Engineer
that all payrolls, material-bills, ancl otherindebtedI1esscollllecte4 with the work have been
paid,exceptthat in case of disputed indebtedness orliens theContractormaysubmit iI1lieu
of evidence of payment a surety bond satisfactory to the Owner gUaranteeing payfuent of all
such disputed amounts when adjudicatedin cases where such paymenthasnot already been
guaranteed by surety bond.
C. The making and acceptance of the final payment shall constituteawaiver of all claims by the
Owner other than those arising from unsettled liens, from faulty work appearing within 12
months after final pa:yment,from requirements of the specifications, orfroIl1 manufacturers'
guarantees. Itsl1allalsocon~titute a waiver ofallclaiInsbythe Contractor except thoSe
previously made and still unsettled.
D. If after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall .
upon certificate of the Engineer, and without terminating the Contract, m3ke payment of the
balance clue for that portion of the work fully completed.and accepted,
Suchpaymentshall bemade under the terms and conditions goyeming final payment, except
that it shall not constitute a waiver of claims.
A-3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the 91Y
and year first written above. .. L/I
(SEAL)
AUGUST A, GEORGIA
By:J~.~
. As its May
-.
lJlJo/IWiV#
t~1 w lY/~7
(SEAL)
CONTRACTOR
/- ~
.-- - '34>ot~ a.;...
Title: Owner
A.TTEST: fkcrJ~
rl!!:rr-. ~
Address: /2f;Zb ~X- ~.
~, ~ I LA ,/offD'j
A-4
SECTION P
PROPOSAL
DATE: ~ - 11- 0 ~
Gentlemen:
In'compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor,
equipment and materials, and to perform all work for the project referred to herein as: '
W ALTON WAY EXTENSION STORM DRAIN IMPROVEMENTS
PROJECT NO. 322-04-204822378
in strict accordance with the Contract Documents and in consideration of the amounts shown on the bid
schedule attached hereto and totaling:
Grand Total: :5 ,y
E:\~ ~:t
Hu ...~Cr,. Ai
, and 00
~\J~~1J ~~e..-
1100 dollars (l'OO, i3Q.Qg
Hv~pra :Ri r,~
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10
days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide
the bond or guarantees required by the contract documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work
within Ten (iQ) calendar days after the date of written notice to proceed, and that he will complete the
work within Ninety (2Q) calendar days after the date of such notice.
The undersigned acknowledges receipt of the following addenda:
Addendum No. I
Addendum No. "Z-
Addendum No.
Addendum No.
Addendum No.
, Addendum No.
Enclosed is a bid guarantee, consisting of Q....
in the amount of 10 ~ov-"+-
Respectfully submitted,
10 PeD (L AvCf, vA , LLC- , .
FIRM NAME ~
3~11 (;.o~~ :r:-~;~\ "B\v~.
A vd v5+-'" / ~a.... :30 ~ 0 "-
BUSINESS ADDRESS
BY: ::5/lru-lP-'? d~~' ~
TIlLE: ~
k
P-l
Walton Way Extension Storm Drain Iml>rove~ents .Proiect: # 322-04-204822378
001-1000 FORCE ACCOUNT NO. LS ' 1 $50,000.00
161-1000 CONTROL OF SOil EROSION AND SEDIMENTATION LS 1 3SD00:9 ~51M ,~
TYPE "C' SILT FENCE
TEMPORARY GRASSING
CHECK DAMS
CONSTRUCTION EXITS
MAINTENANCE OF SOil EROSION AND SEDIMENTATION
230-1000 LUMP SUM CONSTRUCTION LS 1 r~l/In() ~
CLEARING AND GRUBBING, AS REQUIRED
REMOVE AND RESET EXISTING IMPROVEMENTS, IF REQUIRED
TRAFFIC CONTROL, AS REQUIRED
PROTECTION AND/OR REPAIR OF EXISTING IMPROVEMENTS
MISCELLANEOUS GRADING
PROPERTY RESTORATION
MOBILIZATION & DEMOBILIZATION
BONDS AND INSURANCE
PERMANENT GRASSING OF DISTURBED AREAS
ANY OTHER REQUIRED WORK WITHOUT A SPECIFIC PAY ITEM
205-0002 UNSUITABLE EXCAVATION, INCLUDING DISPOSAl CY 75 I ~ ,fIJJ; /j50~
206-0002 BORROW EXCAVATION, INCLUDING MATERIAL (OFF SITE) CY .75 -J5~ I JJ~5gJ.:.
310-5060 G~AGGREGATE BASE CRS, 61NCH,INCLUDING MATERIAL SY 125 :l.J~ ,jb2~
402-3911 2 IN RECYCLED ASPH CONCRETE 12.5 MM SUPERPAVE, GP 2 SY 125
ONLY, INCLUDING BITUM MATERIAL & H LIME .J. Cf ~ 36J.SJ>-
441-6012 CONCRETE CURB & GUTTER, 6 IN X 24 IN, TP 2 LF 55 ,2~~ /3jjb~
561-3000 STORM WATER BY-PASS OR TEMPORARY DETENTION lS 1 17g bO~ 7. 3/J0 c;Y
LUMP SUM
.
561-3001 VIDEO INSPECTION OF EXISTING PIPE (IF REQUIRED BY CITY) LF 748 1,10';-_ 111.J.;1.~
561-3002 VIDEO INSPECTION OF LINED PIPE (IF REQUIRED BY CITY) LF ,748 - /.5/) J I J,.J. ~
- " 'J
561-3100 LIGHT TO MEDIUM CLEANING OF EXISTING 84-INCH C.M.P. (IF LF 748 141./1'!~
REQUIRED) h.D/)
561-3200 JOINT REPAIRS EA 20 1.1J,1.,~ ?1/)()~
561-3300 PRESSURE GROUT PIPE EXTERIOR CF 500 'bJ.~ f{ In II (J0:J2.
561-3484 PLACE REINFORCING & SHOTCRETE EXISTING 84-1NCH C.M.P. SY 1,830 J '8"1 ~ 3~ ~1) ~ tJ~
(CRANE CREEK TO SCOTT NIXON DRIVE)
561-3584 OE-W ATER, CLEAN & SHOTCRETE INVERT OF EXIST. 84-INCH SY 1,005 'is 1;9-
C.M.P. (SCOTT NIXON DRIVE TO DETENTION POND) ~"l.J 25~'
668-1205 CATCH BASIN GROUP 2, SPECIAL DESIGN EA 1 13iDb!' ~3.,1()()'~
668-1210 CATCH BASIN GROUP 2, ADDITIONAL DEPTH, SPECIAL DESIGN LF 12_ '1 tJtJ~ , fJllJO g1i...
Total Project Cost : ' , hOd.'1~<ttJ~
Addendum No. 1 Page 3 of 6
,
Bond No. 929389039
~-
SECTION PB
.
PERFORMANCE BOND
(NOTE:
THIS BOND IS ISSUED STh1ULTANEOUSLY WITH PAYMENT BOND ON
PAGE PB-3, INF A VOR OF THE OWNER CONDITIONED FOR THEP A YMENT
OF LABOR AND'MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That TapCaR AUGUSTA, LLC
as Principal,
hereinafter called Contractor, and WESTERN SURETY CaMP ANY
a corporation organized and existing under the laws ofthe State of South Dakota
._' with
its principal office in the City of Sioux Falls , State of South Dakota , as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND
THROUGH THE AUGUSTA-RICHMOND C01JNTY COMMT~STON .asdObliQee, hereinafter
. 'S'iX Irundfed TfiousarlQ8eVen "Hundre ThittY-
called the Owner, III the penal amount of Rieht nollaT~ amI 00/100 Dollars
($ 600,738.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns,j ointly and severally, firmly by these presents for
the faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated CtlZ-5~(P ,
entered into a contract with Owner for the construction of WALTON WAY EXTENSION
STORM DRAIN IMPROVEMENTS, Augusta, Georgia, in accordance with the drawings and
specifications issued by the Augusta Public Works and Engineering Department and the Augusta-
Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
, NOW, THEREFORE, the condition ofthis obligation is such that, if Contractor shall
promptly and faithfully perform said CONTRACT, then this obligation shall be null and void;
otherwise it shall reinain in full force and effect.
!
Owner.
The Surety hereby waives notice of any alteration or extension of time made by the
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
condjtions, and upon determination by Surety ofthe lowest responsible bidder, or,
if the Owner elects, upon detennination by the Owner and the. Surety jointly ofthe
PB~l
lowest responsible bidder, arrange for a contract between such bidder and O\VIler, and
make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the
. contract price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years
from the date on which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Owner named herein or the heirs, executors, administrators or successors
of the Owner.
Signed and sealed this
-z6 ~ day of .5.ept
A.D. 20 e Co
Witness. V~~f'\\
(\ ~
TOPCOR AUGUSTA, LLC
(Co
Attest =~ --::.
Witness ~ ~
WESTERN SURETY COMPANY
(Surety)
(Seal)
Attest See Attached Power of Attorney
By
Bert Guiberteau, Jr.
Attorney-In-Fact .
(Seal)
(Title)
PB-2
~w Western Surety Company
A Subsidiary of CNA Surety Corporation
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. ;s a duly organized and existing
corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal
herein affixed hereby make, constitute and appoint
Stephen L. Cory, Bert Guiberteau, Jr., Melanie Stern, Pamela K. Tucker, Individually
of Metairie, Louisiana
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of the corporation 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-Law printed on the reverse hereof, duly adopted,
as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to
be hereto affixed on this 25th day of Ju 1 y 2000
~,....
...\lIlET)o~
,.. -'~~
!~~9Dftt),\'1:,.\
ii"fe,; (f\!~!
'\\ ~C',.." /ifl
ir.l-., ,;.:;~'7
OfiiiiDW
~:z::~
State of South Dakota }
ss
County of Minnehaha
On this 25th day of July ,~9---.beforemepersonallycameStephenT.Pate,tomeknown,
who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President
of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporation. t..-_..~......~-____.. 't
J J. MOHR f
J~NOTARY PUBl.IC~f
1 SOUTH DAKOTA 0(
I My Comlnission Expires 10.22.2005 i
t "".' ............... .."'..."....---......t
My commission expires
October 22. 2005
r7 7Y7~
~ J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said corporation this day of
Form F426().12.99
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the
shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be
executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice
President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,
any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,
policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,
policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
corporate seal may be printed by facsimile.
Bond No. 929389039
SECTION PB
-
LABOR AND MATERIAL PAYMENT BOND
(NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND
ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE
PERFORMANCE OF THE WORK.)
KNOW ALL MEN BY THESE PRESENTS:
That TOPCOR AUGUSTA, LLC
as Principal,
hereinafter called Contractor, and WESTERN SURETY COMPANY
a corporation organized and existing under the laws of the State of South Dakota , with
its principal office in the City of Sioux Falls , State of South Dakota I as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND
THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter
called the Owner, .for the use and benefit of claimants as hereinbelow defined in the amount of _
Six Hundred Thousand, Seven Hundred Thirty-Eight
Dollars and 00/100 Dollars ($ 600,738.00 ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated. ~~ ~/ ~eWtered
into a contract with Owner for the construction of WALTON WAY EXTENSION STORM
DRAIN IMPROVEMENTS, in accordance with drawings and specifications issued by the Augusta
Public Works and EngineeriIig Department and Augusta-Richmond County Commission, which
contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition oftms 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 aboye named Contractor and Surety hereby jointly and severally agree with the
Owner that eyery 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
PB-3
~
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 aboye 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, saye 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 011 said CONTRACT, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or
other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United -States. District Court for the district in
which the project, or any part thereof, is situated, and not elsewhere:
(4) The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, .inclusiye of the .payment by Surety of
mechanics1liens which may be filed of record against said improvement! whether or
not claim for the amount of such lien be presented under and against this bond.
PB-4
Witness
Attest
Signed and sealed this
zh~
~~-~.
~
Witness r~~
Attest See Attached Power of Attorney
day of.. ~.er +
A.D. 200-'.
TQPCOR AUGUSTA, LLC (Seal)
(contracto~_
BY~ . . Seal)
(Title) -
WESTERN SURETY COMPANY
(Surety)
(Seal)
{Seal)
(Title)
By
Bert Guiberteau, Jr.
Attorney-In-Fact
PB-5
. .
~y Western Surety Company
A Subsidiary of CNA Surety Corporation
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEy-tN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing
corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal
herein affixed hereby make, constitute and appoint
Stephen L. Cory, Bert Guiberteau, Jr., Melanie Stern, Pamela K. Tucker, Individually
mMetairie, Louisiana
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds.
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation 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-Law printed on the reverse hereof, duly adopted,
as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to
be hereto affixed on this 25th day of Jul y 2000
~ET~~
l~~;o~\'ro\
i::i("i !~I
~\~t,.~)~
i1'ct-._...{~?
rltg,....
_~EI::~
State of South Dakota }
55
County of Minnehaha
On this 25th day of Jul y , _.~_QQ9----< before me personally came Stephen T. Pate, to me known.
who. being by me duly sworn. did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he Is the President
of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporation. +..__..__..___~+
My commission expires J J. MOHR f
October 22, 2005 J~NOTARY PUBLIC f$iltJf
. $ SOUTH DAKOTA I
$ My Commission Expires 10.22.200:5 i
+ Co.'.. .:.-.._.. '''l! ..._____..+
r7 'JY7~
~ J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said corporation this day of
WES~
SURETY COMPANY
~4..g71./'
. elson, Assistant Secretary
Form F42SQ-12.99
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURElY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the
shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be
executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice
President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,
any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,
policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,
policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
corporate seal may be printed by facsimile.
CERTIFICATE OF INSURANCE
NO
303
LIMITS OF LIABILITY IN
CONFIRMATION TYPE OF INSURANCE POLICY POLICY THOUSANDS
OF COVERAGE NUMBER PERIOD (000)
WORKERS' COMPENSATION & XSWC-070272 10/06/2003 WORKERS COMPENSATION Statutory
EMPLOYERS LIABILITY 1 % 1/2006
U. S. Longshoremen's and Harbor Workers' EMPLOYERS LIABILITY
D NO Each Accident $ 1,000
Compensation Act Coverage Disease - Policy Limit $ 1,000
D NO Outer Continental Shelf Land Act Disease - Each Employee $ 1,000
D NO Jones Act (including Transportation, Wages,
Maintenance, and Cure), Death on the High MARITIME EMPLOYERS
Seas Act & General Maritime Law LIABILITY $ 1,000
D NO Voluntary Compensation Endorsement
D NO Other States Insurance
D NO Alternate Employer/Borrowed Servant Endorsement
D NO "In Rem" Endorsement
D NO Gulf of Mexico Territorial Extension
GENERAL LIABILITY XSGL-072909 10/06/2003
Form & Edition Date ISO CG 00 01 11188 10/01/2006 General Aggregate Unlimited
Products-Comp/OPS Agg. $ 3,000
~ YES D NO Broad Form Property Damage Liability Personal & Advertising Injury $ 1,000
including X, C, U Each Occurrence $ 1,000
~ YES D NO Products/Completed Operations Fire Damage $ 50
~ YES D NO Contractual Liability (Anyone fIre)
I2a YES D NO Sudden and Accidental Pollution Liability Medical Expense $ 5
I2a YES D NO Occurrence Form (Anyone person)
I2a YES D NO Personal Injury
~ YES D NO "In Rem" Endorsement
~ YES D NO Cross Liability
I>> YES D NO Watercraft exclusion has been modifIed by the
vessels endorsement on scheduled equipment
CERTIFICATE HOLDER
NAMED INSURED
tii
ili~ili~~~~~~~~~~~~~~~~~~~~~~~~~ili
tii
Augusta, Georgia By and Through The
Augusta-Richmond County Commission
1815 Marvin Griffin Road
Augusta, GA 30906
Topcor Augusta, L.L.C.
3977 Goshen Industrial Blvd.
Augusta, GA 30906
D NO
D NO
D NO
D NO
Do all policies contain a Waiver of Subrogation in favor of CertifIcate Holder if required by written contract?
Do all policies except the Workers' Compensation name the CertifIcate Holder as Additional Insured ifrequired by written contract?
Do policies provide 30 days written notice of cancellation to CertifIcate Holder?
Is coverage under all insurance carried by Named Insured Primary Insurance if required by written contract?
CONFIRMATION
OF COVERAGE
o NO
o NO
o NO
o NO
o NO
TYPE OF INSURANCE
POLICY
NUMBER
LIMITS OF LIABILITY IN
THOUSANDS
(000)
POLICY
PERIOD
AUTOMOBILE LIABILITY
XSAL-072707 10/06/2003
10/01/2006
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
Bodily Injury & Property
Damage Combined
$ 1,000
EXCESS LIABILITY
GXS-041911
10/01/2005
10/01/2006
Each Occurrence
Aggregate
$ 4.000.
$ 4,000
Excess Form
JOB OR PROJECT DESCRIPTION
Walton Way Extension Storm Drain Improvements, Augusta, Georgia
SPECIAL CONDITIONS BUSINESS AUTO COVERAGE INCLUDES PHYSICAL DAMAGE. $250 DED., PIP $500 DED.. ALL OTHER
VEHICLES; SPECIFIED PERILS. $25 DED. ON SCHEDULED VEHICLES.
Should the insurance herein described be cancelled. assigned or changed in such a manner as to affect this certificate. THE GRAY INSURANCE
COMPANY will endeaver to give thiry ( 30 ) days written notice to the certificate holder. but failure to do so shall impose no obligation or liability
upon THE GRAY INSURANCE COMPANY.
T~tJ!f~
3601 N. 1-10 Service Road West, Metairie, LA 70002
DATE:
September 22, 2006
FORM NO. 135 REV. 1/01
tii
ili~~~~~~~~~~~~~~~ili~~~~~~~~iliili~~
tii
'.
SECTION BB
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the TapcaR SERVICES, INC.
as Principal, and WESTERN SURETY CaMP AN1!s Surety, are hereby
held and firmly bound unto the Augusta-Richmond County Commission of Augusta, Georgia as
Owner in the penal sum of
Ten Percent (10%) of the Amount Bid
for the payment of which, well and truly to be made, we hereby jointly and
seyerally bind ourselyes, our heirs, executors, administrators, successors and assigns.
Signed this
11th
day of
August
,,20~.
The condition ofthe above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission of Augusta, Georgia, a certain Bid, attached hereto and
hereby made a part hereof to enter into a contract in writing for WALTON WAY EXTENSION
STORM DRAIN IMPROVEMENTS, for Augusta, Georgia in accordance with plans and
specifications of the Augusta Public Works and Engineering Department
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliyer a contract in
the Form of Contract attached hereto (properly completed in accordance with said
Bid) and shall furnish a bond for his faithful performance of said contract, and for the
payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perfonn the agreement created by the
acceptance of said Bid, then this obligation shall be yoid, otherwise the same shall
remain in force and effect; it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no eyent, exceed the penal
amount of this obligation as herein stated.
'0'0 1
The Surety, for value receiye, hereby stipulates and agrees that the obligations of said Surety
and its bond sh.all be in no way impaired or affected by any extension ofthe time within which the
Owner may accept such Bid; and said Surety does hereby waiye notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety haye hereunto set their hands and
seals, and such ofthem as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the day and year first set forth above.
Signed and sealed this
11th
day of
August
A.D. 2006 .
Witness
TOPCOR SERVICES, INC.
(Seal)
(Principal)
(
Attest
(Seal)
Witness ~ J~
WESTERN SURETY COMPANY (Seal)
(Surety)
Attest See Attached Power of Attorney
By ~.
(Title)
Bert Guiberteau, Jr., Atto
(Seal)
RR-?
~w Western Surety Company
A Subsidiary of CNA Surety Corporation
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing
corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal
herein affixed hereby make, constitute and appoint
Stephen L. Cory, Bert Guiberteau, Jr., Melanie Stern, Pamela K. Tucker, Individually
of Metairie, Louisiana
its true and lawful Attorney{s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instrumen,ts were signed by a duly authorized officer of the corporation 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-Law printed on the reverse hereof, duly adopted,
as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to
be hereto affixed on this 25 t h day of Ju 1 y 2 0 0 0
~''''''!o
k>~""C'o
!~&-'Ofti$A
i:\c'; i~1
~*\~r:","J.i!J
;rct-_,{04.~
r" ~!:i'
State of South Dakota }
County of Minnehaha . 55
On this 25th day of Jul y , ~9--o before me personally came Stephen T. Pate, to me known,
who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President
of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporation. t..--..-......-......-..-...., +
J J. MOHR j
f@NOTARY PUBLIC rfiftJf
t SOUTH DAKOTA I
f My Commission Expires lO.22.200~ i
t ..............___...............__..t
My commission expires
October 22, 2005
(/ /'Y7 ~jL)
~ J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURElY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said corporation this 11 th day of August
2006
Form F42BO.12-99
GC-Ol.
GC-02.
GC-03.
GC-04.
GC-05.
GC-06.
GC-07.
GC-08.
GC-09.
GC-10.
GC-11.
GC-12.
GC-13 .
GC-14.
GC-15.
GC-16.
GC-17 .
GC-18.
GC-19.
GC-20.
GC-21.
GC-22.
GC-23.
GC-24.
GC-25.
GC-26.
GC-27.
GC-28.
GC-29.
GC-30.
GC-31.
GC-32.
GC-33.
GC-34.
GC-35.
GC-36.
GC-37,
SECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Section
Page No.
Definitions .... . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . 3
Additional Instructions and Detail Drawings. . . . . . . . . . . . . . . . . . , , . . . . . . . . . 5
Schedules, Reports and Records .....,......................,.,....... 5
Drawings and Specifications ...............................,......... 5
Shop Drawings . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . 6
Materials, Services and Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . 7
Inspection and Testing. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . . . . . . . .7
Substitutions. . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . 8
Patents ...,.............,........,............................... 9
Surveys, Permits and Regulations ..................................... 9
Protection of Work, Property and Persons. . . . . . . . . . . . . . . . . . . . . . , , . . . . . , . 9
Supervision by Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 10
Changes in the Work ......................".............."...... 1 0
Changes in Contract Price ..............,...,....................... 11
Tirne for Completion and Liquidated Damages . . . . . . . . . . . . . . . . . . . , . . . . . . 11
Correction of Work ...........................,..........,........ 12
Subsurface Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Suspension of Work, Termination and Delay ........,.................. 13
Payments to Contractor ..........,................................. 14
Acceptance of Final Payment as Release. . . . . . . . . . . . . , . . . . . . . . . . . , . . . . . 16
Insurance .......................".............................. 16
Contract Security . . . . . . . . . . . . . . , . . . . . . . , . . . . . . , . . . . . . . . . . . . , . . . . . . 18
Assignments . . . . . . . . . . . . . . . . . . , . . . , . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . 18
Indemnification ............,..........,.......................... 18
Separate Contracts ................................................ 19
Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . 20
Engineer's Authority ..,....,....,..............,.....,...,........20
Land and Rights-of-Way .,................................,........20
Guarantee . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . 21
Taxes .............................,............................ 21
Work Adjacent to Railway or Other Property. . . . . . . , . . . . . . . . . , , . . . . . . . . 21
Order and Discipline ...,.............,.,..........,............... 21
Waming Devices and Signs . . . , . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . 22
Special Restrictions .....................................,.,....... 22
As-Built Drawings. . . . . , . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . 22
Contractor Not to Hire Employees of the Owner. . . , . . . . . . . . . . . . . . . . , . . . . 22
Drawings ..........................,............................. 22
GC-1
GC-38.
GC-39,
GC-40,
GC-41.
GC-42.
GC-43.
GC-44.
GC-45.
GC-46.
GC-47.
GC-48.
GC-49,
GC-50,
Field Office Facilities. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . . . 22
Rights-of-Way. . . . . . . . , . . . . , . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . , . . . . . .23
Estimate of Quantities ..............,.............................. 23
Existing Structures and Utilities .........,..................."...... 23
Contractor's Breakdown of Lump Sum Payment Items. . . . . . . . . . . . . . . . . . . .23
Prior Use By Owner. . . . . . . , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 24
Maintenance of Traffic . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . .24
Maintenance of Access ...........,............................,... 24
Erosion Control and Restoration of Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Bypassing Sewage .....................,..........,......... . . . . . . 25
Safety and Health Regulations . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 25
Pre-Construction Conference . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . , 25
GC-2
GC-Ol.
DEFINITIONS:
Wherever used in the Contract Documents, the following terms shall haye the
meanings indicated which shall be applicable to both the singular and plural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the execution of the
Agreement which modifY or interpret the Contract Documents, Drawings and
Specifications, by addition, deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting
forth the prices for the work to be performed.
3. BIDDER: Any person, firm or corporation submitting a bid for thework.
4. BONDS: Bid, Performance and Payment Bonds and other instruments of security
furnished by the Contractor and his Surety in accordance with the Contract
Documents.
5. CHANGE ORDER: A written order to the Contractor authorizing an addition,
deletion or revision in the work within the general scope ofthe Contract Documents
or authorizing an adjustment in the contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids,
Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement,
Performance Bond, Payment Bond, Notice to Proceed, Change Order, General
Conditions, Supplemental General Conditions, Special Conditions, Technical
Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor under the terms .
and conditions of the Contract Documents.
8. CONTRACT Tllv1E: The number of calendar days stated in the Contract Documents
for the completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to
Proceed to completion of all the work.
10. CONTRACTOR: The person, firm or corporation with whom the Owner has
executed the Agreement.
11. DRAWINGS: The part of the Contract Documents which show the characteristics
and scope of the work to be performed and which have been prepared or approved
by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract
Documents.
GC-3
13. FIELD ORDER: A written order effecting a change in the work not involving an
adjustment in the contract price or an extension of the contract time issued by the
Engineer to the Contractor during construction,
14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the
Owner to the successful Bidder.
15. NOTICE TO PROCEED: Written communication issued by the Owner to the
Contractor authorizing him to proceed with the work and establishing the date of
commencement of the work.
16. OWNER: A public or quasi-public body or authority, corporation, association,
partnership or individual for whom the work is to be performed.
17. PROJECT: The undertaking to be performed as proyided in the Contract
Documents.
18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative ofthe
Owner who is assigned to the project site or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and
other data which are prepared by the Contractor, a Subcontractor, Manufacturer,
Supplier or Distributor, which illustrate how specific portions of the work shall be
fabricated or installed.
20. SPECIFICATIONS: A part of the Contract Documents consisting of written
descriptions of a technical nature or materials, equipment, construction systems,
standards and workmanship.
21. SUBCONTRACTOR: An individual, firm or corporation haying a direct contract
with the Contractor or any other Subcontractor for the performance of a part of the
work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the
construction of the project or a specified part can be utilized for the purposes for
which it is intended.
23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to
the General Conditions of a specific nature generally aimed at the specific contract
of which it is a part.
24. SUPPLIERS: Any person, supplier or organization who supplies materials or
equipment for the work, including that fabricated to a special design, but who does
not perform labor at the site.
GC-4
25. WORK: All labor necessary to produce the construction required by the Contract
Documents and all materials and equipment incorporated or to be incorporated in the
project.
26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part
of this Agreement in writing and considered deliyered and the service thereof
completed, when posted by certified or registered mail to the said party at his last
given address or delivered in person to said party or his authorized representative on
the work.
GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions and detail drawings, by the
Engineer, as necessary to carry out the work required by the Contract Documents,
2. The additional drawings and instructions thus supplied will become a part of the
Contract Docurnents. The Contractor shall carry out the work in accordance with the
additional detail drawings and instructions.
GC-03. SCHEDULES. REPORTS AND RECORDS:
1. The Contractor shall submit to the Owner such schedule of quantities and costs,
progress schedules, payrolls, reports, estimates, records and other data as the Owner
may request concerning the work performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor shall submit schedules
showing the order in which he proposes to carry on the work, including dates at
which he will start the various parts of the work, estimated date of completion of
each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 respectiye dates for submission of shop drawings, the beginning of
manufacture, the testing and the installation of materials, supplies and
equipment.
3.
The Contractor shall also submit a schedule of payments that he anticipates he will
earn during the course of the work.
GC-04.
DRAWINGS AND SPECIFICATIONS:
1.
The intent of the drawings and specifications is that the Contractor shall furnish all
labor, materials, tools, equipment and transportation necessary for the proper
execution ofthe work in accordance with the Contract Documents and all incidental
work necessary to complete the project in an acceptable manner, ready for us,
occupancy or operation by the Owner.
GC-5
GC-05.
2.
In case of conflict between the drawings and specifications, the specifications shall
govern. Figure dimensions on drawings shall govern over general drawings.
3.
Any discrepancies found between the drawings and specifications and site conditions
or any inconsistencies or ambiguities in the drawings or specifications shall be
immediately reported to the Engineer, in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after his
discoyery of such discrepancies, inconsistencies or ambiguities shall be done at the
Contractor's risk.
4,
All work that may be called for in the specifications and not shown on the drawings,
or shown and not called for in the specifications, shall be executed and furnished by
the Contractor as ifdescribed in both these ways and should any work or material be
required which is not detailed in the specifications or drawings, either directly or
indirectly, but which is neyertheless necessary for the proper carrying out of the
intent thereof, the Contractor is to understand the same to be implied and required
and shall perform all such work and furnish any such material as fully as iftheywere
particularly delineated or described.
5.
It is understood and agreed that the Contractor, by careful examination, has satisfied
himself as to the nature and location ofthe work, the conformation ofthe ground, the
character, quality and quantity of the materials to be encountered, the character of
equipment and 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 under this contract. No yerbal agreement or conversation with any
officer, agent or employee of the Owner, either before or after the execution ofthis
contract, shall affect or modify any of the terms or obligations herein contained.
SHOP DRAWINGS: .
1.
The Contractor shall provide shop drawings as may be necessary for the prosecution
of the work as required by the Contract Documents. The Engineer shall promptly
reyiew all shop drawings. The Engineer's approyal of any shop drawings shall not
release the Contractor from responsibility for deviations from the Contract
Documents. The approyal of any shop drawing which substantially deyiates from the
requirement of the Contract Documents shall be evidenced by a Change Order.
2.
When submitted for the Engineer's reyiew, shop drawings shall bear the Contractor's
certification that he has reyiewed, checked and approyed the shop drawings and that
they are in conformance with the requirements of the Contract Documents.
3.
Portions ofthe work that require shop drawing or sarriple submission shall not begin
until the shop drawing or submission has been approyed by the Engineer. A copy of
each approved shop drawing and each approved sample shall be kept in good order
by the Contractor at the site and shall be ayailable to the Engineer.
GC-6
GC-06.
GC-07.
MATERIALS. SERVICES AND FACILITIES:
1.
It is understood that, except as otherwise specifically stated in the Contract
Documents, the Contractor shall proyide and pay for all materials, labor, tools,
equipment, water, light, power, transportation, supervision, temporary construction
of any nature and all other services and facilities of any nature whatsoeyer necessary
to execute, complete and deliver the work within the specified time.
2.
Materials and equipment shall be so stored as to insure the preservation of their
quality and fitness for the work. Stored materials and equipment to be incorporated
in the work shall be located so as to facilitate prompt inspection.
3.
Manufactured articles, materials and equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned as directed by the manufacturer.
4.
Materials, supplies or equipment shall be in accordance with samples submitted by
the Contractor and approved by the Engineer.
5.
Materials, supplies or equipment to be incorporated into the work and purchased by
the Contractor of the Subcontractor will be subject to a chattel mortgage or under a
conditional sale contract or other agreement by which an interest is retained by the
seller.
INSPECTION AND TESTING:
1.
All materials and equipment used in the construction of the project shall be subject
to adequate inspection and testing in accordance with generally accepted standards,
2.
The Contractor shall provide, at his expense, the necessary testing and inspection
services required by the Contract Documents, unless otherwise proyided.
3.
The Owner shall provide all other inspection and testing services required by the
Contract Documents.
4.
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 the Contractor, the Contractor will give the
Engineer timely notice ofreadiness. The Contractor will then furnish the Engineer
the required certificates of inspection, testing or approval.
5.
Neither observation by the Engineer nor inspections, tests or approvals by persons
other than the Contractor shall relieve the Contractor from his obligations to perform
the work in accordance with the requirements of the Contract Documents.
6.
The Engineer and his representatives will at all times have access to the work. In
addition, authorized representatives and agents of any participating Federal or State
GC-7
GC-08.
Agency shall be permitted to inspect all work, materials, payrolls, records of
personnel, invoices of materials and other relevant data and records. The Contractor
will provide proper facilities for such access and observation ofthe work and also for
any inspection or testing thereof.
7.
If any work is covered contrary to the written request of the Engineer, it must, if
requested by the Engineer, be uncovered for his observation and replaced at the
Contractor's expense.
8,
If any work has been coyered which the Engineer has not specifically requested to
observe prior to its being covered or if the Engineer considers it necessary or
advisable that covered work be inspected or tested by others, the Contractor at the
Engineer's request, will uncover, expose or otherwise makeayailable for observation,
inspection or testing as the Engineer may require, that portion of the work in
question, furnishing all necessary labor, materials, tools and equipment. If it is found
that such work is defectiye, the Contractor will bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction. If, however, such work is not found to be defective, the Contractor
will be allowed an increase in the contract price or an extension of the contract time,
or both, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction and an appropriate change order shall be issued.
9.
The Contractor shall give the Engineer 24 hours notice of starting any new work. No
work shall be done or materials used without suitable supervision and inspection by
the Engineer. The Contractor shall furnish the Engineer with necessary samples of
material for testing purposes.
SUBSTITUTIONS:
1.
When a material, article or piece of equipment is identified on the drawings or
specifications by reference to brand name or catalogue number, the performance or
other salient requirements and that other products of equal capacities, quality and
function shall be considered. The Contractor may recommend the substitution of a
material, article or piece of equipment of equal substance and function for those
referred to in the Contract Documents by reference to brand name or catalogue
number and if, in the opinion of the Engineer, such material, article or piece of
equipment is of equal substance and function to that specified, the Engineer may
approve its substitution and use by the Contractor. Any cost differential shall be
deducted from the contract price and the Contract Documents shall be appropriately
modified by change order. The Contractor warrants that if substitutes are approved,
no major changes in the function or general design of the project will result,
Incidental changes or extra component parts required to accommodate the substitute
will be made by the Contractor without a change in the contract price or contract
time.
GC-8
GC-09.
GC-IO.
GC-l1.
PATENTS:
1.
The Contractor shall pay all applicable royalties and license fees. He shall defend all
suits or claims for infringement of any patent rights and save the Own~r harmless
from loss on account thereof except that the Owner shall be responsible for any such
loss when a particular process, design or the product of a manufacturer or
manufacturers is specified, but if the Contractor has reason to believe that the design,
process or product specified is an infringement of a patent, he shall be responsible
for such loss unless he promptly giyes such information to the Engineer.
SURVEYS. PERMITS AND REGULATIONS:
1.
The Owner shall furnish all land surveys and establish all base lines for locating the
principal component parts of the work together with a suitable number of
benchmarks adj acent to the work as shown in the Contract Documents. From the
information proyided by the Owner, unless otherwise specified in the Contract
Documents, the Contractor shall deyelop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for pile locations and other
working points, lines, elevations and cut sheets.
2.
The Contractor shall carefully preserve benchmarks, reference points and stakes and
in case of willful or careless destruction, he shall be charged with the resulting
expense and shall be responsible for any mistakes that may be caused by their
unnecessary loss or disturbance.
3.
Permits and licenses of a temporary nature necessary for the prosecution of the work
shall be secured and paid for by the Contractor. Permits, licenses and easements for
permanent structures or permanent changes in existing facilities shall be secured and
paid for by the Owner, unless otherwise specified. The Contractor shall giye all
notices and comply with all laws, ordinances, rules and regulations bearing on the
conduct of the work as drawn and specified. If the Contractor observes that the
Contract Documents are at yariance therewith, he shall promptly notify the Engineer
in writing and any necessary changes shall be adjusted as provided in Section 13,
Changes in the Work.
PROTECTION OF WORK. PROPERTY AND PERSONS:
1.
The Contractor will be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work. He will take all
necessary precautions for the safety of and will provide the necessary protection to
prevent damage, injury or loss to all employees on the work and other persons who
may be affected thereby, all the work and all materials or equipment to be
incorporated therein, whether in storage on or offthe site or other property at the site
or adjacent thereto, including trees, shrubs, lawns, walks, payements, roadways,
structures and utilities not designated for removal, relocation or replacement in the
course of construction.
GC-9
GC-12.
GC-13.
2.
The Contractor will cornply with all applicable laws, ordinances, rules, regulations
and orders of any public body haying jurisdiction. He will erect and maintain, as
required by the conditions and progress of the work, all necessary safeguards for
safety and protection. He will notify the owners of adjacent utilities when
prosecution of the work may affect them. The Contractor will rernedy all damage,
injury or loss to any property caused, directly or indirectly, in whole or in part, by the
Contractor, and subcontractor or anyone directly or indirectly ernployed by any of
them or anyone for whose acts any of them are liable, except damage or loss
attributable to the fault ofthe Contract Documents or to the acts or omissions of the
Owner or the Engineer or anyone employed by either of them or anyone for whose
acts either ofthem may be liable and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of the Contractor.
3.
In ernergencies affecting the safety of persons or the work or property at the site or
adjacent thereto, the Contractor, without special instructions or authorization from
the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He
will give the Engineer prompt written notice of any significant changes in the work
or deviations from the Contract Documents caused thereby and a Change Order shall
be issued covering the changes and deyiations involved.
4.
The work under this Contract in every respect shall be at the risk of the Contractor
until finished and accepted, except to damage or injury caused directly by the
Owner's agents or employees.
SUPERVISION BY CONTRACTOR:
1.
The Contractor will supervise and direct the work. He will be solely responsible for
the means, methods, techniques, sequences and procedures of construction. The
Contractor will employ and maintain on the work a qualified supervisor or
superintendent who shall have been designated in writing by the Contractor as the
Contractor's representatiye at the site. The supervisor shall haye full authority to act
on the behalf of the Contractor and all communications given to the supervisor shall
be as binding as if given to the Contractor. The supervisor shall be present on the site
at all times as required to perform adequate supervision and coordination ofthe work.
CHANGES IN THE WORK:
1.
The Owner may at any time as the need arises, order changes within the scope ofthe
work without invalidating the Agreernent. If such changes increase or decrease the
amount due under the Contract Documents or in the time required for performance
of the work, an equitable adjustment shall be authorized by Change Order.
2.
The Engineer, also, may at any time, by issuing a field order, make changes in the
details of the work. The Contractor shall proceed with the performance of any
changes in the work so ordered by the Engineer unless the Contractor belieyes that
such field order entitles him to a change in the contract price or time' or both, in
GC-lO
GC-14.
GC-15.
which eyent he shall give the Engineer written notice thereof within ten (10) days
after the receipt of the ordered change pending the receipt of an executed change
order or further instruction from the Owner.
CHANGES IN CONTRACT PRICE:
1.
The contract price may be changed only by a change order. The value of any work
coyered by a change order or of any claim for increase or decrease in the contract
price shall be determined by one or more of the following methods in the order of
precedence listed below:
1.1 Unit prices preyiously approyed.
1.2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and
other services necessary to complete the work. In addition there shall be
added an amount to be agreed upon but not to exceed fifteen (15) percent of
the actual cost of the work to cover the cost of general overhead and profit.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES:
1.
The date of beginning and the time for completion of the work are essential
conditions of the Contract Documents and the work embraced shall be commenced
on the date specified in the Notice to Proceed.
2.
The Contractor will proceed with the work at such rate of progress to insure full
completion within the contract time. It is expressly understood and agreed, by and
between the Contractor and the Owner, that the contract time for the completion of
the work described herein is a reasonable time, taking into consideration the average
climatic and economic conditions and other factors prevailing in the locality ofthe
work.
3.
Ifthe Contractor shall fail to complete the work within the contract time or extension
of time granted by the Owner, then the Contractor will pay to the Owner the amount
for liquidated damages as specified in the Agreement for each calendar day that the
Contractor shall be in default after the time stipulated in the Contract Documents.
4.
The Contractor shall not be charged with liquidated damages or any excess cost when
the delay in completion of the work is due to the following and the Contractor has
promptly given written notice of such delay to the Owner or Engineer,
4.1 To any preference, priority or allocation order duly issued by the Owner.
4.2 To unforeseeable causes beyond the control and without the fault of
negligence of the Contractor, including but not restricted to, acts of God or
of the public enemy, acts of the Owner, acts of another Contractor in the
performance of a contract with the Owner, fires, floods, epidemics,
GC-l1
GC-16.
GC-17.
quarantine restnctlons, strikes, freight embargoes and abnormal and
unforeseeable weather; and
4.3 To any delays of subcontractors occasioned by any ofthe causes specified in
Paragraphs 4.1 and 4.2 of this Article.
CORRECTION OF WORK:
1.
The Contractor shall promptly remoye from the premises all work rejected by the
Engineer for failure to comply with the Contract Documents, whether incorporated
in the construction or not and the Contractor shall promptly replace and re-execute
the work in accordance with the Contract Documents and without expense to the
Owner and shall bear the expense of making good all work of other Contractors
destroyed or damaged by such removal or replacement.
2.
All removal and replacement work shall be done at the Contractor's expense. If the
Contractor does not take action to remove such rej ected work within ten (10) days
after receipt of written notice, the Owner may remove such work and store the
materials at the expense of the Contractor.
3.
Any omissions or failure on the part ofthe Engineer to disapproye or reject any work
or material shall not be construed to be an acceptance of any defective work or
material. The Contractor shall remove, at his own expense and shall rebuild and
replace same without extra charge and in default thereofthe same rnay be done by the
Owner at the Contractor's expense or in case the Engineer shall not consider the
defect of sufficient importance to require the Contractor to rebuild or replace any
imperfect work or material, he shall haye the power and is hereby authorized to make
an equitable deduction from the stipulated price.
SUBSURFACE CONDITIONS:
1.
The Contractor shall promptly and before such conditions are disturbed, except in the
event of an emergency, notify the Owner by written notice of:
1,1 Subsurface or latent physical conditions at the site differing materially from
those indicated in the Contract Documents.
1.2 Unknown physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract Documents.
2. The Owner shall promptly investigate the conditions and if he finds that such
conditions do so materially differ and cause an increase or decrease in the cost of, or
in the time required, for performance of the work, an equitable adjustment shall be
made and the Contract Documents shall be modified by a Change Order. Any claim
of the Contractor for adjustment hereunder shall not be allowed unless he has given
GC-12
GC-18.
the required written notice; provided that the Owner may, ifhe determines the facts
so justify, consider and adjust any such claims asserted before the date of final
payment.
SUSPENSION OF THE WORK. TERMINATION AND DELAY:
1.
The Owner may, at any time and without cause, suspend the work or any portion
thereof for a period of not more than ninety days or such further tirne as agreed upon
by the Contractor, by written notice to the Contractor.. The Engineer shall fix the date
on which work shall be resumed. The Contractor will resume that work on the date
so fixed. The' Contractor will be allowed an increase in the contract price, an
extension of the contract time, or both, directly attributable to any suspension.
2,
If the Contractor is adjudged bankrupt or insolvent, or if he makes a general.
assignment for the benefit of his creditors or if a trustee or receiver is appointed for
the Contractor or for any of his property or ifhe files a petition to take advantage of
any debtor's act to reorganize under the bankruptcy or applicable laws or if he
repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or ifhe repeatedly fails to make prompt payments to subcontractors or for
labor, materials or equipment or ifhe disregards laws, ordinances, rules, regulations
or orders of any public body having jurisdiction of the work or ifhe disregards the
authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails
to make satisfactory progress in prosecuting the work, or ifhe otherwise violates any
provision ofthe Contract Documents, then the Owner may, without prejudice to any
other right or remedy and after giving the Contractor and his Surety a minimum of
ten (10) days from delivery of a written notice, terminate the services of the
Contractor and take possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and finish
the work by whatever method he may deem expedient. In such case, the Contractor
shall not be entitled to receive any further payment until the work is finished. Ifthe
unpaid balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional professional services,
such excess shall be paid to the Contractor. If such costs exceed such unpaid
balance, the Contractor will pay the difference to the Owner. Such costs incurred by
the Owner will be determined by the Engineer and incorporated in a Change Order.
3.
The Contractor must obtain permission from the Engineer before any equipment can
be remoyed from the job site. In the event such equipment is rernoved without the
Engineer's approval, the job will be terminated until such time as the equipment is
returned to the project and any time and money lost by the Contractor as a result of
moving the equipment shall be absorbed by the Contractor.
4.
Where the Contractor's services have been so terminate by the Owner, said
termination shall not affect any right of the Owner against the Contractor then
existing or which may thereafter accrue. Any retention or payment of monies by the
GC-13
GC-19.
Owner due the Contractor will not release the Contractor from compliance with the
Contract Documents,
5.
After ten (10) days from deliyery of a written notice to the Contractor and the
Engineer, the Owner, may, without cause imd without prejudice to any other right or
remedy, elect to abandon the Project and terminate the Contract. In such case, the
Contractor shall be paid for all work executed and any expense sustained plus
reasonable profit.
6.
If, through no act or fault of the Contractor, the work is suspended for a period of
more than ninety (90) days by the Owner or under an order of court or other public
authority of the Engineer fails to act on any request for payment within thirty (30)
days after it is submitted or the Owner fails to pay the Contractor substantially the
sum approved by the Engineer within thirty (30) days of its approval and
presentation, then the Contractor may after ten (10) days from delivery of a written
notice to the Owner and the Engineer, terminate the Contract and recover from the
Owner payment for all work executed and all expenses sustained. In addition, and
in lieu of terminating the Contract, if the Engineer has failed to act on a request for
payment or ifthe Owner has failed to make any payment as aforesaid, the Contractor
may, upon ten (10) days notice to the Owner and the Engineer, stop the work until
he has been paid all amounts then due, in which event and upon resumption of the
work, Change Orders shall be issued for adjusting the contract price or extending the
contract time or both to compensate for the costs and delays attributable to the
stoppage of the work.
7.
If the performance of all or any portion of the work is suspended, delayed, or
interrupted as a result of a failure ofthe Owner or the Engineer to act within the time
specified in the Contract Documents, or if no time is specified, within reasonable
time, an adjustment in the contract price or an extension ofthe contract time or both,
shall be made by Change Order to compensate the Contractor for the costs and delays
necessarily caused by the failure ofthe Owner or the Engineer.
PAYMENTS TO THE CONTRACTOR:
1.
Between the first (1 st) and the fifth (5th) of each month, the Contractor will submit
to the Engineer a partial payment estimate filled out and signed by the Contractor on
an approved form coyering the work performed during the period covered by the
partial payment estimate and supported by such data as the Engineer may reasonably
require. If payment is requested on the basis of materials and equipment not
incorporated in the work but delivered and suitably stored at or near the site, the
partial payment estimate shall also be accompanied by such supporting data,
satisfactory to the Owner, as will establish the Owner's title to the material and
equipment and protect his interest therein, including applicable insurance. The
Engineer will, within thirty days after receipt of each partial payment estimate, either
indicate in writing his approval of payment and present the partial payment estimate
to the Owner, or return the partial payment estimate to the Contractor indicating in
GC-14
writing his reasons for refusing to approye payment. In the latter case, the Contractor
may make the necessary corrections and resubmit the partial payment estimate, The
Owner will, within thirty days of presentation to him of an approved partial payment
estimate, pay the Contractor a progress payment on the basis of the approved partial
payment estimate. The Owner shall retain ten (10%) percent ofthe amount of each
payment until final completion and acceptance of all work coyered by the Contract
Documents. The Owner at any time, however, after fifty (50%) percent ofthe work
has been completed, ifhe finds that satisfactory progress is being made, shall make
payment on the current and remaining estimates, in full, so that the retained
percentage at the completion of the work will be approxirnately fiye (5%) percent.
On completion and acceptance of a part of the work on which the price is stated
separately in the Contract Documents, payment may be made in full, including
retained percentages, less authorized deductions.
2, The request for payment may also include an allowance for the cost of such major
materials and equipment which are suitably stored either at or near the site,
3. All work coyered by partial payment shall thereupon become the sole property ofthe
Owner, but this proyision shall not be construed as relieving the Contractor of the
sole responsibility for the care and protection ofthe work upon which payments haye
been rnade or the restoration of any damaged work, or as a waiyer of the right ofthe
Owner to require the fulfillment of all terms of the Contract Documents.
4. Upon completion and acceptance of the work, the Engineer shall issue a certificate
attached to the final payment request that the work has been accepted by him under
the conditions of the Contract Documents. The entire balance found to be due the
Contractor, including the retained percentages shall be paid to the Contractor, except
such sums as may be lawfully retained by the Owner for saying the Owner or the
Owner's agents harmless from all claims growing out of the lawful demands of
Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, tools and supplies, incurred in the
furtherance of the performance of the work. The Contractor shall, at the Owner's
request, furnish satisfactory evidence that all obligations of the nature designated
aboye have been paid, discharged, or waiyed. If the Contractor fails to do so, the
Owner may, after haying notified the Contractor, either pay unpaid bills or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged whereupon payment to the
Contractor shall be resumed, in accordance with the terms of the Contract
Documents, but in no event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor, his Surety, or any
third party. In paying any unpaid bills of the Contractor, any payment so made by the
Owner shall be considered as a payment made under the Contract Documents by the
Owner to the Contractor and the Owner shall not be liable to the Contractor for any
such payments made in good faith.
GC-15
GC-20.
GC-21.
5.
If the Owner fails to make payment 30 days after approval by the Engineer, in
addition to other remedies ayailable to the Contractor, there shall be added to each
such payment, interest at the maximum legal rate commencing on the first day after
said payment is due and continuing until the payment is receiyed by the Contractor.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
1.
The acceptance by the Contractor of final payment shall be and shall operate as a
release to the Owner of all claims and all liability to the Contractor other than claims
in stated amounts as may be specifically excepted by the Contractor for all things
done or furnished in connection with this work and for every act and neglect of the
Owner and other relating to or arising out ofthis work. Any payment, however, final
or otherwise, shall not release the Contractor or his Sureties from any obligations
under the Contract Documents or the Performance Bond and Payment Bonds.
INSURANCE:
1.
The Contractor shall purchase and maintain during the life of this Contract such
insurance as will protect him from claims set forth below which may arise out of or
result from the Contractor's execution of the work, whether such execution by
himself or by any Subcontractor or by anyone directly or indirectly employed by any
of them or by anyone for whose acts any of them may be liable.
1.1 Claims under Workman's Compensation, disability benefit and other similar
ernployee benefit acts,
1.2 Claims for damages because of bodily injury, occupational sickness or
disease or death of his employees,
1.3 Claims for damages because of bodily injury, sickness or disease or death of
any person other than his employees,
1.4 Claims for damages insured by usual personal injury liability coverage which
are sustained (1) by any person as a result of an offense directly or indirectly
related to the employment of such person by the Contractor or (2) by any
other person; and
1.5 Claims for damages because of injury to or destruction oftangible property,
including loss of use resulting therefrom.
2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior
to commencement of the work. These Certificates shall contain a provision that
coverages afforded under the policies will not be canceled unless at least fifteen (15)
days prior written notice has been given to the Owner and Program Manager.
GC-16
3. The Contractor shall procure and maintain, at his own expense, during the life of the
Contract, liability insurance as hereinafter specified.
3.1 Contractor's General Public Liability and Property Damage insurance
including vehicle coverage issued to the Contractor and protecting him from
all claims for personal injury, including death, arid all claims for destruction
of or damage to property, arising out of or in connection with any operations
under the Contract Documents, whether such operations be by himself or by
any Subcontractor under him or anyone directly or indirectly employed by the
Contractor or by a Subcontractor under him. Insurance shall be written with
a limit of liability of not less than $200,000 for all damages arising out of
bodily injury, including death, at any time resulting therefrom, sustained by
anyone person in anyone accident; and a limit of liability of not less than
$500,000 for any such damages sustained by two or more persons in anyone
accident. Insurance shall be written with a limit of liability of not less than
$100,000 for all property damage sustained by anyone person in anyone
accident; and a limit of liability of not less than $200,000 for any such
damage sustained by two or more persons in anyone accident. Contractor's
insurance policy shall name Owner and Program Manager as insureds under
this policy.
3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended
Coverage insurance upon the Proj ect to the full insurable yalue thereof for the
benefit of the Owner, the Contractor and Subcontractor as their interest may
appear. This provision shall in no way release the Contractor or Contractor's
Surety from obligations under the Contract Documents to fully complete the
Proj ect.
4. the Contractor shall procure and maintain, at his own expense, during the life ofthe
Contract, in accordance with the provisions ofthe laws ofthe state in which the work
is performed, Workman's Compensation Insurance, including occupational disease
proyisions, for all of his employees at the site of the project and in case any work is
sublet, the Contractor shall require such Subcontractor similarly to proyide
Workman's Compensation Insurance, including occupational disease provision for
all of the latter's employees unless such employees are covered by the protection
afforded by the ContraCtor. In case any class of employees engaged in hazardous
work under this Contract at the site of the Project is not protected under Workman's
Compensation statute, the Contractor shall provide and shall cause each
Subcontractor to provide adequate and suitable insurance for the protection of his
employees not otherwise protected.
5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance
for work to be performed. Unless specifically authorized by the Owner, the amount
of such insurance shall not be less than the contract price totaled in the bid. The
policy shall cover not less than the losses due to fire, explosion, hail, lightening,
vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the
GC-17
GC-22.
GC-23.
GC-24.
contract time and until the work is accepted by the Owner. The policy shall name as
the insured the Contractor, the Engineer and the Owner.
Contractor shall provide a Builders Risk All Risk insurance policy for the full
replacement yalue of all Project work including the value of all onsite Owner-
furnished equipment and/or materials associated with Program Manager's services.
Such policy shall include coverage for loss due to defects in materials and
workmanship and errors in design, and will proyide a waiyer of subrogation as to
Program Manager and the Owner, and their respective officers, employees, agents,
affiliates, and subcontractors.
CONTRACT SECURITY:
1.
The Contractor shall, within ten (10) days after the receipt of the Notice of Award,
furnish the Owner with a Performance Bond and a Payment Bond in penal sums
equal to the amount of the contract price, conditioned upon the performance by the
Contractor of all undertakings, coyenants, terms, conditions and agreements of the
Contract Documents and upon the prompt payment by the Contractor to all persons
supplying labor and materials in the prosecution ofthe work provided by the Contract
Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact business in the state in which the work is to be
performed and named on the current list of "Surety Companies Acceptable on
Federal Bonds" as published in the Treasury Department Circular Number 570. The
expense of these bonds shall be borne by the Contractor. If at any time a Surety on
any such bond is declared a bankrupt or loses its right to do business in the state in
which the work is to be performed or is removed from the list of Surety Companies
accepted on Federal Bonds, Contractor shall within ten (10) days after notice from
the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum
and signed by such other Surety or Sureties as may be satisfactory to the Owner. The
premiums on such bonds shall be paid by the Contractor. No further payments shall
be deemed due nor shall be made until the new Surety or Sureties shall have
furnished an acceptable bond to the Owner.
ASSIGNMENTS:
1.
Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose
of the Contract or any portion thereof, or his right, title or interest therein, or his
obligations thereunder, without written consent of the other party.
INDEMNIFICATION:
1.
The Contractor will indemnify and hold harmless the Owner and Program Manager
and the Engineer and their agents and employees from and against all claims,
damages, losses and expenses including attorney's fees arising out of or resulting
from the performance of the work, proyided that any such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or
GC-18
GC-25.
destruction of tangible property, including the loss of use resulting therefrom; and is
caused in whole or in part by any negligent or willful act or omission of the
Contractor and Subcontractor, anyone directly or indirectly employed by any ofthem
or anyone for whose acts any ofthem may be liable.
2.
In any and all claims against the Owner or the Engineer or any of their agents or
employees, by an employee of the Contractor, Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by
or for the Contractor or any Subcontractor under Workman's Compensation acts,
disability benefit acts or other ernployee benefits acts.
3.
The obligation ofthe Contractor under this paragraph shall not extend to the liability
of the Engineer, his agents or employees arising out of the preparation or approyal
of maps, drawings, opinions, reports, surveys, change orders, design or
specifications.
SEPARATE CONTRACTS:
1.
The Owner reserves the right to let other contracts in connection with this Project.
The Contractor shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall
properly connect and coordinate his work with theirs. If the proper execution or
results of any part of the Contractor's work depends upon the work of any other
Contractor, the Contractor shall inspect and promptly report to the Engineer any
defects in such work that render it unsuitable for such proper execution and results,
2.
The Owner may perform additional work related to the Proj ect by himself or he may
let other contracts containing proyisions similar to these. The Contractor will afford
the other Contractors who are parties to such contracts (or the Owner, if he is
performing the additional work himself), reasonable opportunity for the introduction
and storage of materials and equipment and the execution of the work and shall
properly connect and coordinate his work with theirs.
3.
If the performance of additional work by other Contractors or the Owner is not noted
in the Contract Documents prior to the execution of the Contract, written notice
thereof shall be given to the Contractor prior to starting any such additional work.
If the Contractor believes that the performance of such additional work by the Owner
or others involves him in additional expense or entitles him to an extension of the
contract time, he may rnake a claim therefor as provided in Sections GC-13 and
GC-14.
GC-19
GC-26.
GC-27.
GC-28.
SUBCONTRACTING:
1.
The Contractor may utilize the services of specialty Subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty
Subcontractors.
2.
The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%)
percent of the Contract Price, without prior written approval ofthe Owner.
3.
The Contractor shall be fully responsible to the Owner for the acts and omissions of
his Subcontractors, and of persons either directly or indirectly employed by them, as
he is for the acts and omissions of person directly employed by him.
4.
The Contractor shall cause appropriate proyisions to be inserted in all subcontracts
relative to the work to bind the Subcontractors to the Contractor by the terms ofthe
Contract Documents insofar as applicable to the work of Subcontractors and to give
the Contractor the same power as regards terminating any subcontract that the Owner
may exercise over the Contractor under any provision of the Contract Documents.
5.
Nothing contained in this Contract shall create any contractual relation between any
Subcontractor and the Owner.
ENGINEER'S AUTHORITY:
1.
The Engineer shall act as the Owner's representatiye during the construction period.
He shall decide questions which may arise as to quality and acceptability of materials
furnished and work performed. He shall interpret the intent of the Contract
Documents in a fair and unbiased manner. The Engineer will make yisits to the site
and determine if the work is proceeding in accordance with the Contract Documents.
2.
The Contractor will be held strictly to the intent ofthe Contract Documents in regard
to the quality of materials, workmanship and execution of the work. Inspections may
be made at the factory or fabrication plant or the source of material supply.
3.
The Engineer will not be responsible for the construction means, controls,
techniques, sequences, procedures, or construction safety.
4.
The Engineer shall promptly make decisions relative to interpretation ofthe Contract
Documents.
LAND AND RIGHTS-OF-WAY:
1.
The Owner will furnish all land and rights-of-way necessary for carrying out and for
the cornpletion of the work to be performed pursuant to the Contract Documents. If
all land and rights-of-way are not obtained prior to the issuing of the Notice to
GC-20
GC-29.
GC-30.
GC-31.
GC-32.
Proceed, the Contractor shall begin work upon lands and rights-of-way that haye
been acquired.
2.
The Owner shall provide to the Contractor information which delineates and
describes the lands owned and rights-of-way acquired.
3.
The Contractor shall provide at his own expense and without liability to the Owner
any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.
GUARANTEE:
1.
The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of one (1) year from the date of substantial completion. The
Contractor warrants and guarantees for a period of one (1) year from the date of
substantial completion of the system that the completed system is free from all
defects due to faulty materials or workmanship and the Contractor shall promptly
make such corrections as may be necessary by reason of such defects including the
repairs of any damage to other parts of the system resulting from such defects. The
Owner will giye notice of observed defects with reasonable promptness, In the event
that the Contractor should fail to make such repairs, adjustments or other work that
may be necessary by such defects, the Owner may do so and charge the Contractor
the cost thereby incurred. The Performance Bond shall remain in full force and effect
though the guarantee period.
. TAXES:
1.
The Contractor will pay all sales, consumer, use and other similar taxes required by
the law of the place where the work is performed.
WORK ADJACENT TO RAILWAY OR OTHER PROPERTY:
1.
Whenever the work embraced in this Contract is near the tracks, structures or
buildings of the Owner or of other railways, persons, or property, the work shall be
so conducted as not to interfere with the movement of trains or other operations of
the railway, or, if in any case such interference be necessary, the Contractor shall not
proceed until he has first obtained specific authority and directions therefor from the
proper designated officer of the Owner and has the approval of the Engineer.
ORDER AND DISCIPLINE:
1.
The Contractor shall at all times enforce strict discipline and good order among his
employees and any employee ofthe Contractor who shall appear to be incompetent,
disorderly or intemperate or in any other way disqualified for or unfaithful to the
work entrusted to him, shall be discharged immediately on the request of the
GC-21
GC-33.
GC-34.
GC-35.
GC-36.
GC-37.
Engineer and he shall not again be employed on the work with the Engineer's written
consent.
WARNING DEVICES AND SIGNS:
1.
The Contractor shall furnish, erect, paint and maintain warning deyices when
construction is on or near public streets for the protection of vehicular and pedestrian
traffic. Such devices will be in accordance with the Georgia Manual on Uniform
Traffic Control Devices for Street and Highways, "Traffic Control for Highway
Construction and Maintenance Operations," latest edition.
2.
A 20" x 30" sign, mounted on a solid post, 8 feet aboye the ground, indicating the
name and a 24-hour phone number of the Contractor in 4" letters, shall be erected at
prominent locations on the construction site as directed by the Engineer. The
Contractor may remove the sign following the maintenance period.
SPECIAL RESTRICTIONS:
1.
No work shall be allowed after the hours of darkness or on Sunday without
permission of the Owner.
2.
If Contractor wishes to work before 8 a.m. or after 5 p.m. Monday through Friday,
on weekends, or Augusta, Georgia legal holidays refer to Special Condition SC-25.
AS-BUILT DRAWINGS:
1.
The Contractor shall furnish to the Engineer three (3) sets of marked up drawings for
an "As-built" record showing all deviations from the Contract Drawings. The
marked up sets shall include actual dimensions frorn permanent markers accurately
locating all underground piping.
CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER:
1.
The Contractor shall not employ or hire any ofthe employees ofthe Owner.
DRAWINGS:
The Owner will furnish to the Contractor, free of charge, up to five (5) sets of direct
black line prints together with a like number of complete bound specifications for construction
purposes. Location of all features of the work included in the Contract are indicated on the Contract
Drawings. The following drawings comprise the plans for the Contract:
Note:
The Contract Drawings are listed under Special Condition SC-02., LIST OF
DRAWINGS.
GC- 22
GC-38.
FIELD OFFICE FACILITIES:
The Contractor shall proyide, 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,
GC-39.
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 haye
preyiously acquired and no claim for damages whatsoeyer 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 frorn the contract except by consent ofthe 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.
GC-40.
ESTIMATE OF QUANTITIES:
The estirnated 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 giyen 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
dirninution giye cause for claims or liability for damages.
GC-41.
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 yerified in the field by the Contractor before
starting work. The Contractor shall be held responsible for any darnage to and for maintenance and
protection of existing utilities and structures.
GC-42.
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 ofthe lump
GC- 23
sum items shown in the proposal. These estimates as approyed will serve as the basis for estimating
of payments due on all progress estimates.
GC-43.
PRIOR USE BY OWNER:
Prior to completion of the work, the Owner may take oyer the operation and/or use
of the uncompleted project or portions thereof. Such prior use ofthe 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.
GC-44.
CLEANING UP:
The Contractor shall keep the premises free from the accumulation of waste material
and rubbish and upon completion of the work, prior to final acceptance of the completed 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.
GC-45.
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the Contractor shall proyide 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 driyeways will be kept open and clear at all times except as proyided below. The
Contractor shall not block traffic on any street more than 30 minutes or without written permission
from such agency, Before leaying 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.
GC-46.
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 yehicular 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, howeyer, plan and pursue his operations so as to minimize the time that direct
entrance is blocked.
GC-47.
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
GC-24
the original condition. The Contractor will be required to submit a Soil Erosion and Sedimentation
Control plan that is in compliance with the work site erosion control plan, per the Georgia
Department of Transportation.
GC-48.
BYPASSING SEWAGE:
The Contractor will be required to schedule and coordinate construction sequences
and to use temporary construction and other approyed methods which will minirnize the bypassing
of sewage during construction of the sewer facilities. The diyersion of sewerage to open ditches or
streams will not be permitted.
GC-49.
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 (PL9l-54).
GC-50.
PRECONSTRUCTION CONFERENCE:
A preconstruction 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. '
GC-25
SECTION
SC-O 1.
SC-02.
SC-03.
SC-04.
SC-05.
SC-06.
SC-07.
SC-08,
SC-09.
SC-lO.
SC-11.
SC-12.
SC-13.
SC-14.
SC-15.
SC-16.
SC-17.
SC-18.
SC-19.
SC-20.
SC-21.
SC-22.
SC-23.
~
SECTION SC
INDEX TO SPECIAL CONDITIONS
Scope
List of Drawings
Bonds
Project Sign
Protection of the Environment
Temporary Toilets
City Acceptance
Record Drawings
Basis of Payment
Existing Structures
Salvage Material
Referenced Specifications
Traffic Control
Compliance with Laws, Codes, and Regulations, Etc.
Construction Order and Schedule
Site Access
Georgia Prompt Pay Act
Disputes
Interest Not Earned on Retainage
Equivalent Materials
After Hours Inspection
Masters Go If Tournament
Field Office Facilities
SC-1
SECTION SC
SPECIAL CONDITIONS
-01. SCOPE OF THE WORK:
The project referred to in the Agreement shall consist of furnishing all materials,
labor, machinery, etc. necessary to construct the specified drainage improvements with all associated
appurtenances.
-02. LIST OF DRAWINGS:
The following drawings, prepared by Cranston, Robertson & Whitehurst, P.c.;
comprise the plans for the project:
SHEET NO.
1.
2.
3.
4,
5,
TITLE
DATE
ORIGINAL REVISED
4/4/06
4/4/06
4/4/06
4/4/06
4/4/06
Cover Sheet
Detailed Estimate and General Notes
Plan
Schematic Storm Water By-Pass Plan
Details
SC-03.
BONDS:
The Contractor will include in the lump sum payment for Lump Sum Construction
the cost of his performance and payment bonds.
SC-04.
PROJECT SIGN:
The Contractor will furnish and install one (1) project sign on the construction site.
The sign will carry in a prominent manner the names of the project, the Owner, the Engineer, the
Contractor, and a 24-hour phone number for the Contractor in 4 inch letters. The sign shall be
constructed and erected on wood posts in a substantial manner 8 feet above the ground. The full size
stencil shall be approved along with colors before fabrication. The Contractor shall include the cost
of the project signs in the lump sum bid item for Lump Sum Construction.
SC-05.
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.
SC-2
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 EP A or USDA. Use of all such chemicals and disposal of residues shall be in
conformance with printed instructions.
SC-06.
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-07.
CITY ACCEPTANCE:
Notwithstanding any other obligations ofthe Contractor, he shall complete the work
to the full satisfaction of the Augusta Utilities Department and the Engineer. This proyision shall '
not relieve the Contractor of his responsibilities for guarantees.
SC-08.
RECORD DRAWINGS:
The Contractor will maintain in his office one cornplete set of drawings (including
any supplemental sketches) pertaining to the project upon which, at the end of each day's work any
deyiations from the construction lines shown thereon and all changes ordered by the Engineer will
be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details
of deyiations 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 preparation of
the record drawings shall be a condition of approyal of rnonthly payment estimates. At the
completion of construction, prior to submitting his estimate for final payment. and as a condition for
payment thereof, three copies of the record drawings, satisfactorily completed, will be transmitted
to the Engineer.
-09.
BASIS OF PAYMENT:
As explained in the section "Instructions to Bidders", payment for all items of
construction will be made at the total of the actual number of units installed at the unit prices stated
in the Bid Schedule to the Proposal. The partial payments described in the Agreement will be made
based on the actual number of units of work completed during the month and in-place at the unit
prices stated in the Bid Schedule.
SC-IO.
EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are
remoyed 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
SC-3
and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's
work adjacent to private property.
SC-l1.
SALVAGE MATERIAL:
All existing installations to be remoyed, including but not limited to masonry and
concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor.
SC-12.
REFERENCED SPECIFICATIONS:
Where specifications or standards of trade organizations and other groups are
referenced in these specifications, they are made as much a part ofthese specifications as ifthe entire
standard or specification were reprinted herein. The inclusion ofthe latest edition or reyision ofthe
referenced specification or standard is intended.
SC-13.
TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform Traffic Control Devices
(MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall giye prior
written notification to and shall obtain the approval of the Augusta Fire Department, Police
Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any
street closures.
SC-14.
COMPLIANCE WITH LAWS. CODES. AND REGULATIONS. ETC.:
Supplementing the proyision ofthe GENERAL CONDITIONS, the successful bidder
awarded this contract by signing the contract acknowledges the following, however, this is not to be
construed as all inclusiye or beingthese only:
1. Underground Gas Pipe Law:
The Contractor signing the contract acknowledges that he is fully aware of the
contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and
any amendments and regulations pursuant thereto", and the Contractor shall comply
therewith.
2. High Voltage Act:
The Contractor by signing the contract acknowledges that he is fully aware of the
contents and requirements of "Act No. 525, Georgia law 1960, and any amendments
thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto"
(the preceding requirements within quotation marks being hereinafter referred to as
the "high voltage act"), and the Contractor shall comply therewith. The signing of
Contract shall also confirm on behalf of the Contractor that he:
SC-4
SC-15.
1. has visited the premises and has taken into consideration the location of all
electrical power lines on and adjacent to all areas onto which the contract
documents require to permit the Contract either to work, to store materials,
or to stage operations, and
2. that the Contractor has obtained from the Owner of the aforesaid electric
power lines adyice in writing as to the amount of voltage carried by the
aforesaid lines.
The Contractor agrees that he is the "person or persons responsible for the
work to be done" as referred to in the high voltage act and that accordingly
the Contractor is solely "responsible for the completion of the safety
measures which are required by Section 3 of the high voltage act before
proceeding with any work." The Contractor agrees that prior to the
completion of precautionary measures required by the high voltage act he will
neither bring nor permit the bringing of any equipment onto the site (or onto
any area or areas onto which the contract documents require or permit the
Contractor to work, to store materials, or to stage operations) with which it
is possible to come within eight feet of any high voltage line or lines pursuant
to operations arising out of performance of the Contract. The foregoing
proyisions apply to power lines located (a) on the site and (b) on any area or
areas onto which the contract documents require or permit the Contractor
either to work, to store materials, or to stage operations, or (c) within working
distance for equipment or materials, being used on (a) and (b) above. These
provisions of the Contract do not limit or reduce the duty of the Contractor
otherwise owed to the Owner, to other parties, or to both. The Contractor
agrees that the foregoing proyisions supplement provisions of the General
Conditions. The Contractor agrees and acknowledges that any failure on his
part to adhere to the high voltage act shall not only be a violation oflaw but
shall also be a breach of contract and specific violation of the provisions of
the General Conditions which pertains to safety precautions.
3.
Occupational Safety & Health Act:
The Contractor by signing the contract acknowledges that he is fully aware of the
proyisions of the Williams-Steiger Occupational Safety and Health Act of 1970 and
he shall cornply therewith.
CONSTRUCTION ORDER AND SCHEDULE:
1.
The Contractor shall be responsible for the detailed order, schedule, and rnethods 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:
SC-5
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 staternent of the order of procedure to be followed that will result in the
required protection and completion of the work within the oyerall 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 ofthe bar chart
clearly marked to show the work completed at the date of the payment requested.
SC-16.
SITE ACCESS:
In order to minimize damage to existing paving, and landscaping, access to the site
for the Contractor's personnel and equipment will be restricted to the routes designated by the
Owner. The Contractor will be required to use only these routes unless prior written approval is
given by the Owner.
SC-17.
GEORGIA PROMPT PAY ACT:
This Agreement is intended by the Parties to, and does, supersede any and all
provisions of the Georgia Prornpt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision ofthe Prompt Pay Act, the provision
of this Agreement shall control.
SC-18.
DISPUTES:
All claims, disputes and other matters in question between the Owner and the
Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement,
specifically consents to venue in Richmond County and waiyes any right to contest the yenue in the
Superior Court of Richmond County, Georgia.
SC-19.
INTEREST NOT EARNED ON RETAlNAGE:
Notwithstanding any provision of the law to the contrary, the parties agree that no
interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
SC-6
SC-20.
EQUIVALENT MATERIALS:
Notwithstanding any proyision ofthe general conditions, there shall be no substitution
of materials that are not determined to be equiyalent to those indicated or required in the contract
documents without an amendment to the contract.
SC-21.
AFTER HOURS INSPECTION:
If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m.,
Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for
the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in
"Section 15, Right-of-way Encroachment Guidelines, Part E, Outside of Normal Working Hours,"
bftheAugusta-Richmond County Planning Commission Development Documents dated September,
1999. Ifinspectors of Augusta-Richmond County are needed to work outside normal business hours,
Augusta-Richmond County needs to be notified in advance.
SC-22.
MASTERS GOLF TOURNAMENT:
Any work planned to be accomplished during or directly before the Masters Golf
Tournament must be submitted to andapproyed in writing by the Owner. Consideration will be
given only for contract time extensions as a result of delays in accomplishing the work. No
consideration will be given for claims for damages.
SC-23.
FIELD OFFICE FACILITIES:
No Field Office Facilities will be required for this project. Any references to Field
Office Facilities are hereby deleted.
SC-7
SECTION TS-O
INDEX TO TECHNICAL SPECIFICATIONS
SECTION TITLE NO. OF PAGES
TS-l Clearing and Grubbing 2
TS-2 Removal of Water 2
TS-3 Shotcrete 8
TS-4 Pressure Grouting 2
TS-5 Erosion Control Measures 2
TS-6 Grassing (Bermuda) 2
TECHNICAL SPECIFICATION REFERENCE
In addition to the Technical Specifications included in these Contract Documents, the
"Standard Specifications for Road and Bridge Construction, State of Georgia Department of
Transportation," latest edition, is also to be used on this project and is hereby incorporated by this
reference.
TS-O-01
SECTION TS-l
CLEARING AND GRUBBING
-01.
SCOPE:
Clearing and grubbing shall consist of the remoyal and disposal of all trees, brush,
stumps, logs, grass, weeds, roots, decayed vegetable matter, posts, fences,stubs, rubbish and all other
objectionable matter resting on or protruding through the original ground surface and occurring
within the construction limits or rights-of-way of any excayation, borrow area, or embankment; or
as specifically designated as within the limits of clearing.
-02.
CONSTRUCTION METHODS:
1. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees,
and the satisfactory disposal ofthe trees and other vegetation together with the down timber,
snags, brush and rubbish occurring within the areas to be cleared. Trees and other
yegetation, except such individual trees, groups oftrees, 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. Indiyidual 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 preyent interference with the
construction operations. All limbs and branches required to be trimmed shall be neatly cut
close to the whole of the tree or to main branches, and the cuts thus made shall be painted
with an approyed tree wound paint. Individual trees, groups oftrees, and other vegetation,
to be left standing, shall be thoroughly protected by barriers or by such other means as the
circumstances require. Clearing operations shall be conducted so as to prevent damage by
falling trees to trees left standing, to existing structures and installations, and to those under
construction, and so as to provide for the safety of employees and others.
2. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and
matted roots from the site as indicated on the drawings, In foundation areas, stumps, roots,
logs or other timber, matted roots, and other debris not suitable for foundation purposes shall
be excavated to a depth of not less than 18 inches below any sub grade, shoulder or slope,
All depressions excayated below the original ground surface for or by the remoyal 0 f stumpS
and roots, shall be refilled with suitable material and compacted to make the surface conform
to the surrounding ground surface.
-03.
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 incombustible
matter removed shall be hauled away and deposited at locations approved by the Engineer.
Combustible matter may be burned or may be disposed of as stated above. Burning shall be done
at such time and such manner as to prevent fire from spreading and to prevent any damage to
adjacent cover and shall further be subject to all requirements of Local, State and Federal
Goyemments pertaining to the burning. No burning will be allowed on the site unless all fires are
kept under constant attendance by persons having equipment necessary to prevent the spreading of
fire. Such equipment shall include, at the minirnum, a bulldozer or front end loader, and an
approved pump and hose connected to an acceptable source of water. Disposal by burning shall be
kept under constant attendance until all fires have burned out or have been extinguished.
TS-1-1
SECTION TS-2
REMOVAL OF WATER
-01.
SCOPE:
The work shall consist of the remoyal of surface water and ground water as needed
to perform the required construction in accordance with the specifications. It shall include (1)
building and maintaining all necessary temporary impounding works, channels, and diversions; (2)
furnishing, installing and operating all necessary pumps, piping and other facilities and equipment;
and (3) remoying all such temporary works and equipment after they have served their purposes.
-02.
DIVERTING SURFACE WATER:
The contractor shall build, maintain, and operate all cofferdams, channels, flumes,
sumps, and other temporary diversion and protective works needed to divert streamflow and other
surface water through or around the construction site and away from the construction work while
construction is in progress.
Unless otherwise qualified, the contractor shall furnish to the Engineer, his plan for
diverting surface water before beginning the construction work for which the diversion is required,
Acceptance ofthis plan will not relieye the contractor of responsibility for completing the work as
specified.
-03.
DEWATERING THE CONSTRUCTION SITE:
Foundations, and other parts ofthe construction site shall be dewatered and kept free
of standing water or excessiyely muddy conditions as needed for proper execution of the
construction work. The Contractor shall furnish, install, operate and maintain all drains, sumps,
pumps, and other equipment needed to perform the dewatering as specified.
Unless. otherwise specified, the contractor shall furnish to the Engineer, his plan for
dewatering before beginning the construction work for which the dewatering is required. Acceptance
ofthis plan will not relieve the contractor of responsibility for completing the work as specified.
-04.
REMOVAL OF TEMPORARY WORKS:
After the temporary works have served their purposes, the contractor shall remove
them to the extent required to present a sightly appearance and to prevent any obstruction of the flow
of water or any other interference with the operation of or access to the permanent works.
TS-2-l
SECTION TS-3
SHOTCRETE
-01. SCOPE:
1. The work coyered by these specifications consists of furnishing all labor, equipment,
appliances and materials, and performing all operations in connection with the
rehabilitation with Shotcrete, complete in accordance with the drawings,
specifications and subject to the terms and conditions of the contract.
2, Shotcrete work and testing shall conform to the requirements of the American
Concrete Institute, "Specification for Shotcrete (ACr 506.2-95)", except as modified
by these specifications.
3. Shotcrete nozzlemen shall be certified in accordance with the American Concrete
Institute, "Gunite to Certification of Shotcrete Nozzlemen (ACr 506.3R).
4. The purpose ofthis specification is to obtain a dense and durable concrete having the
specified strength.
-02. MATERIALS:
1. Cement: Type 2 Portland meeting ASTM C-150.
2. Sand: Natural sand, normal weight aggregate meeting ASTM C-33 with operation
conforming to the following:
Sieve Size Percent By Weight
Passing 3/8 inch 100
Passing No.4 95-100
Passing No.8 80-90
Passing No. 16 50-85
Passing No. 30 25-60
Passing No. 50 10-30
Passing No. 100 2-10
rfWet Mix Shotcrete is used, 3/8" stone maybe added up to 500 lbs. per cubic yard.
Stone, (if used), shall also conform to AST C-33, and all otherrequirements, as they
apply to the sand.
3. Fly Ash: Class "C" Fly Ash, is used, shall meet ASTM C-618, rnay be added to the
mix in the maximum amount of 15% ofthe weight of the cement.
TS-3-1
4. Water: Water shall be potable. Water/cement ratio shall be controlled such that the
required compressive strength will be maintained.
5. Reinforcing Steel: Deformed steel bars shall be ofthe size and located as indicated
on the drawings. Bars shall be Grade 60 and meet ASTM A-615.
6. Welded Wire Mesh: Welded wire mesh reinforcing, if used, shall be of the size
indicated on the drawings and meet ASTM A-185.
7. Anchors: Anchors for securing reinforcing in place shall be 1/4" expansion( hook
bolts as manufactured by Chicago Expansion Bolt Company or equal. Space as
required to secure the reinforcing in place.
8. Fiber Reinforcing: Polypropylene fibers shall meet ASTM C-1116-89 and shall be
"Harbourite HG" (Fibermesh), as manufactured by Synthetic Industries or equal.
9. Air Entrainment: If used, air entrainment shall be in the amount of approximately
5% by volume and shall meet ASTM C-260.
10. Curing Compound: If used, curing compound shall meet ASTM C- 3 09, Kure N Seal,
as manufactured by L&M Cure or equal. Application 150 to 200 square feet per
gallon.
11. Other Admixtures: No other adrnixtures will be used unless approved.
12. Proportioning: Shotcrete materials shall be proportioned so as to produce a concrete
suitable for pneurnatic application. Dry-mix or wet-mix Shotcrete may be used.
Prior to start of Shotcreting, the Contractor shall submit to the Owner the proposed
mix. Proposed mix shall be based on successful test data from prior experience and
shall be a minimum 5,000 psi design mix.
13. Stren~h Reauirements: Shotcrete ingredients shall be selected, proportioned, mixed
and applied in such a manner as will produce 5,000 psi concrete that is dense, and
resistant to weathering and abrasion.
14. Storage of Materials:
A. Cement shall be stored with adequate proyisions for the prevention of
absorption of moisture. It shall be stored in a manner that will permit easy
access for inspection and identification of each shipment.
B. Aggregate shall be stockpiled at points selected to proyide maximum
drainage and to prevent the inclusion of any foreign material during re-
handling.
C. On delivery to the site of the work, the steel reinforcement shall be carefully
TS-3-2
bundled and stored so the bars for any position in the work may be readily
identified. All reinforcing steel shall be stored on approved material above
the ground.
15. Sampling and Testing Materials:
A. The Contractor shall determine the source, kind and quality of the cement
aggregates and other materials to be used in the work well in advance ofthe
time scheduled for starting the work and shall submit such information for
approval before starting Shotcrete operations,
B. The cost of testing materials shall be paid by the Contractor. Certified test
reports and certificates shall be submitted to the Owner and to such other
agencies or persons as designated.
C. Where reputable suppliers maintain regular recognized testing services,
certified copies of such tests will be accepted by the Owner. However, in any
case of doubt as to the accuracy and/or adequacy of such tests, the Owner
may require that cement and aggregates be tested by a reco gnized commercial
testing laboratory which has been selected by the Contractor and approved by
the Owner. The testing laboratory shall then test the cement and aggregates
and prepare written reports showing the results of such tests on each
shiprnent. The laboratory shall also certify that the materials covered by the
report comply in all respects with these specifications.
D. No materials, which fail to meet the requirements of these specifications,
shall be incorporated into the work.
E. Once the design mix has been approved, the nozzleman that is to perform the
work shall construct an on-site test panel with the approved design mix. The
test panel shall closely duplicate job requirements as much as practical. After
the panel has cured for a rninimum of7days, cores shall be cut and tested.
-03. PROCEDURE:
1. Surface Preparation: Unsound materials and all coated, scaly or unsound material
shall be removed by chipping with pneumatic hammers, chisels, waterblasting or
sandblasting to a sound surface; all cracks and cavities shall be chipped to such
formation that their sides form approximately a 45-degree angle to the exposed
surface for at least one (1) inch in depth. All areas to receive Shotcrete shall be
cleaned by flushing or scouring with water and compressed air to assure removal of
all loose particles. All areas of existing surfaces that do not require chipping shall be
given a wet sandblasting with the Shotcrete equipment and the air pressure shall not
be less than 50 psi.
TS-3-3
2. Mixing (Dry-Mix Shotcrete):
A. Dry-mix Shotcrete shall be thoroughly mixed by machine and then passed
through a sieye to remove all large particles before placing in hopper of the
cement gun. The mixture shall not be permitted to become damp. The mixer
should be cleaned thoroughly enough to remove all adherent materials from
the mixing vanes and from the drum at regular intervals.
B. Water in any amount shall not be added to the mix before it enters the cement
gun. Quantities of water shall be controlled by a yalye at the nozzle of the
gun. Water content shall be adjusted as required for proper placement, but
shall in no case exceed four (4) gallons of water per sack of cement, including
the water contained in the aggregate.
C. Remixing or tempering shall not be permitted. Mixed material that has stood
45 minutes without being used shall be discarded. Rebound materials shall
not be reused.
3. Mixing (Wet-Mix Shotcrete): The constituents of the wet-mix Shotcrete shall be
thoroughly mixed before application. Where transit mix concrete is used, the
Contractor shall follow recommended practice in the proportioning, mixing, transport
and discharging of the concrete.
4. Application:
A. Shotcrete shall not be placed on a frozen surface or during freezing weather.
Shotcrete shall only be applied when the air temperature is 40 degrees and
rising. Shotcrete shall not be placed when it is anticipated that the
temperature during the following 24 hours will drop below 32 degrees,
Fahrenheit.
B. Sequence of application may be from bottom to top or vice versa if rebound
is properly removed.
C. Corners shall be filled first. "Shooting" shall be from an angle as near
perpendicular to the surface as practical, with the nozzle held approximately
3 feet from the work (except in confined control). If the flow of material at
the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the
nozzleman shall direct the nozzle away from the work until the faulty
conditions are corrected. Such defects shall be replaced as the work
progresses.
D. Shotcreting shall be suspended if:
· Air velocity separated the cement from the sand at the nozzle,
· Temperature approaches freezing and the newly placed Shotcrete
cannot be protected.
TS-3-4
E. Shotcrete shall be applied in one or more layers to such total thickness as
required to restore the area as detailed.
F. The time interval between successiye layers in sloping, yertical or
oyerhanging work must be sufficient to allow the initial, but not final, set to
develop. At the time the initial set is developing, the surface shall be cleaned
to remoye the thin film of latency in order to provide a perfect bond with
succeeding applications.
G. Shotcrete shall not be applied when the temperature at the point of
application is below 40 degrees F or is anticipated to fall to 32 degrees F or
below during the ensuing 24 hours.
5. Construction Joints: Construction joints, or day's workjoints, shall be sloped off to
a thin, clean, regular edge, preferably at a 45-degree slope. Before placing the
adj oining work, the slope portion and adj acent Shotcrete shall be thoroughly cleaned
as necessary, then moistened and scoured with an air jet.
6. Bond: To insure perfect bond, the newly chipped and sandblasted surface shall be
thoroughly moistened with water prior to application of Shotcrete, In no instance
shall Shotcrete be applied in an area where free running water exists.
7. Surface Finish:
A. After the body cmit has been placed, the surface shall be trued to remove high
areas and expose low areas. Low areas shall be properly filled with Shotcrete
to insure a true, flat surface,
B. After the surface has been trued, the entire surface shall be given a finish as
indicated on the drawings.
8. Curing: Curing shall be accomplished with the use of curing compound or water.
Natural curing shall be permitted if the ambient relatiye humidity is maintained
aboye 85%,
9. Adiacent Surface Protection: During progress of the work where appearance is
important, adjacent areas, which may be permanently discolored, stained, or
otherwise, damaged by dust and rebound, shall be adequately protected and, if
contacted, shall be cleaned by early scraping, brushing or washing as the
surroundings permit.
10. Inspection: Because of the importance of workmanship affecting the quality of the
Shotcrete, continual inspection during placing shall be maintained. Any
imperfections discovered shall be cut out and replaced with sound material.
TS-3-5
-04. EQUIPMENT - DRY-MIX:
1. Cement Gun: The rnixing and deliyering equipment shall be either the vertical
double chamber type or rptary type. The upper chamber of the double chamber type
shall receiye and pressurize the dry-mix and deliyer it to the lower chamber. The
lower chamber shall force the pressurized mix into the delivery hose by means of a
feed wheel. The type of feeder utilized should furnish all required material to the
deliyery hose while the upper chamber receiyes the recharge. The rotary type cement
gun shall haye an enlarged hopper to feed material into a rotating multi ported
cylinder. Material shall fall by gravity into a port which shall then be rotated to a
position in which the material is expelled by air into a moving stream of air. All
equipment must be kept in good repair. The interior of the gun, feed gearing and
valves shall be cleaned as often as necessary (at least once every 8-hour shift) to
prevent material from caking on critical parts.
2. Nozzle: Nozzle shall be the premixing type with perforated water feed ring inside
the nozzle. The maximum length of material hose for the application of Shotcrete
shall be approximately 150 feet, although it shall be permissible to use as rnuch as
800 feet of material hose if the supply of air pressure measured at the cement gun is
increased to maintain proper velocity. The following table gives requirements for
compressor size, hose size and air pressure using 150 feet of material hose:
TABLE 1
Compo Cap
cfm
365
600
750
Max Hose
Dia. In.
1-5/8
2
2-1/2
Max. Size
Nozzle In.
1-5/8
2
2-1/2
Min. Air
Press. psi
60
80
90
For each 25 feet of material hose used in excess of 150 feet, the required air pressure
shall be increased by 5 psi.
3. Air Compressor: Any standard type of compressor shall be satisfactory if it is of
sufficient capacity to proyide, without interruption, the pressure and yolume of air
necessary for the longest hose delivery. The air compressor capacity determinations
shall include allowances made for the air consumed in blowing rebound, cleaning
reinforcing and for incidental uses. Compressor equiprnent shall be of such capacity
so as to insure air pressures at the special mixer capable of producing the required
material velocities.
4. Water Supply: The water pressure at the discharge nozzle should be sufficiently
greater than the operating air pressure to assure the water is intimately mixed with
TS-3-6
the other materials. If the line water pressure is inadequate, a water pump or
pressurized, tank shall be introduced into the line. The water pressure shall be
uniformly steady (nonpulsating).
-05. EQUIPMENT WET-MIX:
1, The batching, mixing and deliyery equipment to the job site shall be that of a
reputable ready-mix concrete company. Water shall be added by the supplier of the
ready-mix company at the plant.
2. The Shotcrete pump shall be ofthe double piston positive displacement type with the
sufficient pressure at the piston head to deliyer the material to the nozzle such that
it is propelled with air to the point of application under pressure;
3. Air Compressor: Any standard type of compressor shall be satisfactory ifit is of
sufficient capacity to prOvide, without interruption, the pressures and volume of air
necessary for the delivery of the material to the point of application. The air
compressor capacity determinations shall include allowances made for the air
consumed in blowing rebound, cleaning, reinforcing and for incidental uses.
-06. PERSONNEL:
1. Foremen. Nozzlemen. Gunmen. Reboundmen: Before employment on the project,
above workmen must satisfy the Owner that each has done satisfactory work in a
similar capacities elsewhere for a sufficient period of tirne to be fully qualified to
properly perform the work in accordance with the requirements of the specifications.
2. Foremen: Foremen shall have had at least 4 years experience on similar work.
3. Nozzlemen: Nozzlemen shall be qualified workmen, having had at least 2 years
experience in similar work and shall be ACI certified. It shall be the nozzlemen's
responsibility to:
A. Insure all surfaces to be shot are clean and free of laitance or loose material,
using air and air-and-water blast from the nozzle as required.
B. Insure the operating air pressure is uniform and provides proper nozzle
velocity for good compaction.
C. Regulate the water content so the mix will be plastic enough to give good
compaction and a low percentage of rebound, but stiff enough not to sag..
D. Hold the nozzle at the proper distance, and as nearly normal to the surface as
the type work will, permit, to secure maximurn compaction with minimum
rebound.
TS-3-7
E. Follow a sequence routine that will fill corners with sound Shotcrete and
encase reinforcement without porous material behind the steel, using the
maximum practicable layer thickness.
F. Determine necessary operating procedures for placement in close quarters,
and extended distances on or around unusual obstructions where placement
velocities and mix consistency must be adjusted.
G. Direct the crew when to start and stop the flow of material, and stop the work
when material is not arriving uniformly at the nozzle.
H. Insure sand or slough pockets are cut out for replacement.
1. Bring the Shotcrete to finished lines in a neat and workmanlike manner.
4. Gunman: Gunman shall operate the special pneumatic equipment and, utilizing his
experience, he shall maintain proper pressure to insure the necessary nozzle pressure.
He shall further. see that the material fed to the nozzle is uniform.
-07. MEASUREMENT AND PAYMENT:
1. Payment for CCTV Inspection shall be made according to the contract unit price for
each type shown in the bid schedule.
2. Payment for cleaning the existing pipe shall be made according to the yarious
contract unit prices in the bid schedule.
3. Payment for joint repairs shall be made according to the contract unit price in the bid
schedule for joint repairs.
4. Payment for shotcrete shall be made according to the contract unit prices in the bid
schedule for placing reinforcing and shotcrete of each pipe size and type shown.
Payment shall include all labor, equipment and materials necessary for a complete
installation.
END OF SECTION
TS-3-8
SECTION TS-4
PRESSURE GROUTING
-01 SCOPE:
1. The work covered by these specifications consists of furnishing all labor, equipment,
appliances and materials, and performing all operations in connection with the
injection of pressure grout complete in accordance with the drawings, specifications
and subject to the terms and conditions of the contract.
2. The purpose of this specification is to produce a grout, when injected in place, that
will be dense, fill yoids, and stabilize the sub grade ofthe pipe and the adj acent paved
areas.
-02 MATERIALS:
1. Cement: Type 2 Portland meeting ASTM C-150.
2. Water: Water shall be potable. Municipal source. Water will be considered as
weighing 8.33 pounds per gallon and 7.5 gallons per cubic foot.
3. Fly Ash: Class "C" Fly Ash, meeting ASTM C-618 may be added to the mix at the
grout pump operator's discretion to aid in pumpability. If added, the Fly Ash shall not
exceed 15% of the weight of the cement.
4. Other Admixtures: No other admixtures will be used unless approved.
-03 MIX DESIGN:
1. Grout Mix: The basic grout mix will be cement and water proportioned in the ratio
of 1 cubic foot (one bag or 94 pounds) of cement to I cubic foot (7.5 gallons) of
water. The mix ratio may be modified by the grout pump operator as required to
insure filling of the yoids and/or stabilizing the sub grade.
2. Yield: For quantity determination one cubic foot (1 bag or 94 pounds) of cement
when proportioned with one cubic foot (7.5 gallons) of water is deemed to yield 1.5
cubic feet of grout.
-04 GROUT EQUIPMENT:
1. Pump: Grout Pump will be ofthe positive displacement type and will be capable of
producing adequate pressure to penetrate the area.
-05 INJECTION PORTS:
1. Grout Shafts: Location of grout shafts shall be in areas where voids or unstable
TS-4-1
subgrade occurs. These shall be a minimum of ll/4-inch diameter and sufficient to
receive packers and shut-offvalyes.
-06 STAGE GROUTING:
1. Stages: To rninimize the quantity of grout required, grouting will be accomplished
in stages. The grout placed in the first stage will be observed carefully to insure that
grout is not pumped into channels excessively and of no benefit to the area. If two or
more stages are used, a 4-hour minimum time between each stage at any particular
location will be provided. ..
-07 EXPERIENCE:
1. Personnel: Before starting the work on the project, the contractor must satisfy the
owner that the foreman and grout pump operator haye done satisfactory work in
similar capacities for a sufficient period of time to be fully qualified to properly
perform the work in accordance with the requirements of the related specifications.
A. Foreman shall haye had at least 4 years experience in similar work.
B. Pump operator shall be qualified having had at least 2 years experience in
similar work.
-08 MEASUREMENT AND PAYMENT:
1. Payment shall be made at the contract unit price in the Bid Schedule for Pressure
Grouting Exterior of Pipe.
END OF SECTION
TS-4-2
-01.
SECTION TS-5
EROSION CONTROL MEASURES
GENERAL:
This section covers erosion control measures required on the job as shown on the
plans. These measures are minimum requirements and may be augmented by the Engineer if positive
control is not established.
-02.
CONSTRUCTION SCHEDULE:
The initial construction on the site is tentatiyely scheduled to begin on or about
June 1,2006. Final stabilization ofthe soils should be obtained by September 30, 2006.
-03.
EROSION AND SEDIMENT CONTROL PLAN:
The following steps for reducing erosion and containing sediment are recommended
for use during construction, and until the earth areas can be stabilized with vegetation.
-04.
-05.
GENERAL PROCEDURES:
1.
Earth areas which are not to be payed shall be grassed at the earliest possible time
during the construction phase, so as to minimize exposure to rainfall and run-off.
2.
Temporary berms, whereyer possible, should be constructed at the end of each day
of grading, in order to contain sediment and slow down erosion in the cut and fill
areas, should rainfall occur during the night. Berms shall also be constructed, where
needed, to prevent sediment from being transported onto areas outside the actual
construction limits.
3.
Silt and erosion barriers of the type which tend to filter suspended solids from the
water flowing through them shall be employed to the extent necessary to contain
most of the water-borne silt. Examples of this type of barrier include "silt" fence,
windrows of limbs and laps, and stone or rubble riprap.
4.
Erosion due to wind is not likely to be of concern on this project, considering the
types of soils expected and the strip-like geometry of construction areas. Howeyer,
wherever possible, trees or groups of trees and bushes should be left standing to
serve as windbreaks.
5.
Sediment basins shall be constructed if shown on plans and removed when final
stabilization is attained.
ELEMENTS OF THE PLAN:
The plans for the preyention of erosion and sedimentation for this site are depicted
on the plans. The elements of the plan are discussed as follows, and are listed in chronological order,
as far as is practical. The construction activities should proceed in the order listed.
1. Remove all marketable timber from the rights-of-way, the utility easements, the
designated fill areas, and other areas to be cleared.
TS-5~ 1
-06.
2.
Begin clearing and grubbing operations in the vicinity ofthe hay dams shown on the
drawings. hnmediately after the area has been cleared for their placement, install
dams and berms consisting of hay or straw bales or limbs and laps as directed, to be
silt barriers as shown on the drawings. Care should be taken not to clear and grub
beyond the construction limit.
3.
As grading operations commence, the topsoil shall be stripped and stockpiled in
mounds surrounded by berms. As mentioned above, berms or windrows should be
constructed each afternoon at approximately 100 foot intervals across the graded
areas, except in the low-lying areas of the project. This action will tend to check
erosion should rainfall be experienced during the night.
4.
Construction on the sanitary and storm sewer lines should be commenced as soon as
grading operations haye been substantially completed. The disturbed strip along each
line which is located outside of a street right-of-way should be grassed immediately
upon the completion of trench backfilling, as described below.
5.
A graded depression around each catch basin on the site should be used to contain
sediment during construction. A ring of hay or straw bales, or silt fencing, secured
to the ground by mean of two No.3 reinforcement bars or other suitable anchoring
method, should be installed around each catch basin site as soon as the drainage pipes
have been laid. These should be spaced leaying a gap of approximately three inches
between each bale where hay is used.
6.
As soon as the graded areas which are not to be paved, to be built upon, or receive
underground utilities have been brought to final grade, three or four inches of topsoil
shall be spread over these areas. Grassing operations should be begun immediately,
as described in the grassing specifications. Roadway shoulders and slopes should
receiye a similar treatment as soon as the installation of the utilities has ended.
7.
All grassing will be performed in accordance with the section of the specifications
entitled "Grassing". Should seasonal limitations prevent the establishment of the
permanent grass coyer, the area to be grassed shall be covered with temporary grass
coyer; then the permanent grass will be established as soon as its growing season is
reached.
8.
The hay bale darns and silt fencing described above should not be removed until the
surrounding pavement base material has been placed and is ready for priming.
9.
All silt retention basis, traps, barriers, etc., should be inspected daily and cleaned at
least weekly.
10.
All work shall be in accordance with good grading practice and shall conform to
accepted practices in Erosion Control.
MEASUREMENT AND PAYMENT:
Payment shall be made according to the lump sum price in the Bid Schedule for
Control of Soil Erosion and Sedimentation.
END OF SECTION
TS-5-2
SECTION TS-6
GRASSING (BERMUDA)
-01.
SCOPE:
This section coyers the furnishing of all labor and materials and the performance of
all work required to assure the establishment of a dense permanent coyer of Bermuda grass on all
areas of the site disturbed by construction oper<;itions.
-02.
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. Graded surfaces will be
maintained in a smooth and eyen condition until the required cover is established.
After the areas to be seeded haye been brought to an eyen and smooth grade, they
shall be thoroughly loosened to a depth of at least 6 inches by plowing, discing, harrowing, or other
approved methods until the tillage is acceptable as suitable for seeding. During tillage operation, 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.
-03.
FERTILIZATION:
At least two soil samples per acre shall be taken by the Contractor and analyzed to
determine the suitability of the particular soil for planting. Fertilization and lime application rates
shall be set accordingly. The rates given in the following paragraphs shall be used for bidding
purposes and differing quantities will become the basis for an equitable adjustment in the contract
pnce.
Fertilizer shall be distributed uniformly at a rate of 1,500 pounds of commercial
6.12.12 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately
3 inches by discing, harrowing, or other approved methods. The incorporation of fertilizer may be
a part ofthe tillage operation specified above, or a part of the hydroseeding procedure as described
below.
Immediately following, or simultaneously with, the incorporation of fertilizer, lime
shall be distributed at the rate of 1,500 pounds per acre and shall be incorporated into the soil to a
depth of at least three inches by discing, 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 a com-
rnercial 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 a rate that will give not less than 60 pounds of available Nitrogen per acre, Other
commercial types of nitrogenous rnaterial may be substituted at the option of the Contractor. The
time of application shall be limited to the season of June through August.
TS-6-1
-04. SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in accordance with
one of the following methods:
1. Between the dates of April 15 and September 15, Hulled Common Bermuda seed shall be
applied at a rate of 40 to 45 pounds of seed per acre.
2. If seeding is undertaken between September 15, and April 15, unhulled Common Bermuda
seed shall be applied at a rate of 40 to 45 pounds of seed per acre simultaneously with
Abruzzi Rye seed at a rate of 200 pounds per acre.
Seed may be applied by means of a Hydro-seeder or other means approyed by the
Engineer.
-05. COMPACTION:
Immediately after seeding operations have been completed, the areas shall be
compacted by means of a cuItipacker, roller wood float, or other approved equipment sufficiently
weighted, or compacted by hand methods, to reduce air pockets to a minimum. The cornplete
planted area shall be left with a firm, even surface, free from abrupt humps and hollows, and to the
established grade.
-06. MULCHING:
All areas planted for temporary or permanent grass shall be uniformly mulched with
hay or straw at the rate of 1 Y2 tons per acre, except where hydro seeding is employed using a
cellulose mulch mixed with the seed and fertilizer.
-07. ACCEPTANCE:
Grassed areas will be accepted when a 95% coyer by permanent grasses is obtained
and weeds are not dominant.
-08. MEASUREMENT AND PAYMENT:
Payment shall be rnade according to the lump sum price in the Bid Schedule for Lump Sum
Construction.
END OF SECTION
TS-6-2
~
Office Of The Administrator
A
Frederick L Russell, Administrator
Room 801 -Municipal Building
530 Greene Street-AUGUSTA, GA. 30911
(706) 821-2400 - FAX (706) 821-2819
www.augustaga.gov
T ameka Allen, Interim Deputy Administrator
Robert Leverett, Interim Deputy Administrator
September 5, 2006
Mr, Abie Ladson
Interim Director - Engineering
1815 Marvin Griffin Road
Augusta, GA 30906
Dear Abie:
action,
The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, September 5, 2006, took the following
36, Approved the recommendation of the Interim Director of Engineering regarding the resolution of the problem of Gwyn Toole
conCerning the regrading or changing of the contour of the easement adjacent to her home in order to redirect rainwater away from
her residence to prevent further damage to the home. (Approved by Engineering Services Committee August 28, 2006)
39. Approved the Engineering Department to secure funding for the proposed stonn pipe replacement at Good News Baptist Church
in the amount of $54,164,00 for construction and $2,708,00 for project contingency. Funds are available SPLOST Phase II
Recapture. (Approved by Engineering Services Committee August 28, 2006)
41. Approved CPB #322-04-204822378 Change Number One in the amount of $161,040,00 with fundings of $104,163,00 from the
GOaT State Aid Contract and $56,877.00 from SPLOST Phase II Recapture for project construction, Also, transfer $90,000.00 from
project Contingency for project construction on the Walton Way Extension Storm Drainage Project. Also, approve. award of
construction contract to Topcor Augusta, LLC in the amount of $600,738 ,00 for Walton Way. Extension Stonn .Improvements as
requested by the Engineering Department. Subject to receipt. of signed contract and proper bonds. (Approved by Engineering
Services Committee August 28, 2006)
51, Directed Interim Engineering Director to provide a status report at the next Engineering Services Meeting on the drainage issues at
the Greater St. John Baptist Church - Ellis Street. (Requested by Mayor Pro Tern Marion Williams)
52, Approved the Engineering Department to secure funding for the Rock CreeklWarren Lake Restoration Project in the amount of
$1,200,000,00 for de-silting and stonnwater quality improvements with the intention of reducing flooding. along the Rock Creek
drainage basin. Funds are available in SPLOST Phase II Contingency Account (322041110-6011110/292822444-6011110).
(No recommendation from the Engineering Services Committee August 28, 2006)
If you have any questions, please contact me.
cc: Ms, Donna Williams
Ms, Geri Sams
Mr, Max Hicks
09-05-06: #36, #39, #41, #51, #52
.,;;~.,,'