HomeMy WebLinkAboutWillis Foreman Road Storage Tank Main Installation
Augusta Richmond GA
DOCUMENT NAME: W\\ \\~-m'(~\()()f\ '(0, sm'(~ -\o.'\\~
\YD\D \ (\S-\-Q\ \Q-na\\
DOCUMENT TYPE: t50mx- D.t-\-
YEAR: ~I
BOX NUMBER: 0-\
FILE NUMBER: \ ~~~ \
NUMBER OF PAGES: 8l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
(,-)& 41/33 9/
CONTRACT DOCUMENTS
and
TECHNICAL SPECIFICATIONS
for
wn..LIS FOREMAN ROAD STORAGE TANK
WATER MAIN INSTALLATION
Prepared for:
Augusta-Richmond County Commission
MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
Prepared by:
W. R. TOOLE ENGINEERS, INC.
349 GREENE STREET
AUGUSTA, GEORGIA 30901
(404) 122-4114
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ii1lc
Invitation for Bids
Information for Bidders
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Technical Specifications:
Section 1
Section 2
Section 3
Section 4
Section 5
ThIDEXFORCO~CTDOCUMrnNTS
~
1
1-3
1-4
1-2
1-2
1-2
1-3
1-33
1-5
Clearing & Grubbing
Excavation, Trenching & Backfilling
Water Distribution
Grading
Grassing (Bermuda-Millet)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INVITATION FOR BIDS
SEALED BIDS for the construction of approximately 1,340 linear feet of 12 inch water main
and appurtenances, hereinafter referred to by project name:
Willis Foreman Road Storage Tank Water Main Installation
will be received by:
Augusta-Richmond County Commission
hereinafter referred to as the OWNER at the offices of:
Ms. Geri Sams
Purchasing Department
Room 60S
Municipal Building
Augusta, Georgia 30911
until 11:00 a.m. on the 10th day of September. 1997 , at which time all bids will be publicly
opened and read in the presence of those interested.
Copies of the Contract Documents may be examined during regular business hours at the office
of W. R. Toole Engineers, Inc., 349 Greene Street, Augusta, Georgia 30901.
Copies may be obtained at the office ofW. R. Toole Fngineers, Inc. upon payment of $125.00
(NON-RETURNABLE) for each set.
A 10% Bid Bond is required; a 100% Performance Bond and a 100% Payment Bond will be
required.
The OWNER reserves the right to waive any informalities and to reject any or all bids.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INFORMA nON FOR BIDDERS
Bids will be received by the Augusta-Richmond County Commission (herein called the "OWNER"),
at the office of the Purchasing Department until 11:00 a.m. Wednesday, September lOr 1921, and
then at said office publicly opened and read aloud.
Each bid must be submitted in a sealed envelope, addressed to the Augusta-Richmond County
Commission, Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid
must be plainly marked on the outside as bid for Willis Foreman Road Stof3.&e Tank Water Main
Installation and the envelope should bear on the outside the name of the bidder, his address and his
license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be
enclosed in another envelope addressed to the Augusta-Richmond County Commission, c/o Purchasing
Department, Room 605, Municipal Building, Augusta, Georgia 30911.
All bids must be made on the required bid form. All blank spaces for bid prices must be filled in,
in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only
one copy of the bid form is required.
The OWNER may waive any informalities or minor defects or reject any and all bids. Any bid may
be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder may
withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons
why the contract cannot be awarded within the specified period, the time may be extended by mutual
agreement between the OWNER and the bidder.
Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by
examination of the site and a review of the drawings and specifications including addenda. After bids
have been submitted, the bidder shall not assert that there was a misunderstanding concerning the
quantities of work or of the nature of the work to be done.
The Contract Documents contain the provisions required for the construction of the project.
Information obtained from an officer, agent or employee of the OWNER or any other person shall
not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the
conditions of the Contract.
Each bid must be accompanied by a bid bond payable to the OWNER for ten percent of the total
amount of the bid. As soon as the bid prices have been compared, the OWNER will return the bonds
of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the
remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be
retained until the payment and performance bond have been executed and approved, after which it will
be returned. A certified check may be used in lieu of a bid bond.
IFB-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
A performance bond and a payment bond, each in the amount of 100 percent of the contract price,
with a corporate surety approved by the OWNER, will be required for the faithful performance of the
contract.
Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each
bond a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain the
performance bond and payment bond within ten calendar days from the date when notice of award
is delivered to the bidder. The notice of award shall be accomplished by the necessary Agreement
and bond forms. In case of failure of the bidder to execute the Agreement the OWNER may at his
option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall
become the property of the OWNER.
The OWNER within ten days of receipt of acceptable performance bond, payment bond and
Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and
return to such party an executed duplicate of the Agreement. Should the OWNER not execute the
Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement.
Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.
The notice to proceed shall be issued within ten days of the execution of the Agreement by the
OWNER. Should there be reasons why the notice to proceed cannot be issued within such period,
the time may be extended by mutual agreement between the OWNER and Contractor. If the notice
to proceed has not been issued within the ten day period or within the period mutually agreed upon,
the Contractor may terminate the Agreement without further liability on the part of either party.
The OWNER may make such investigations as he deems necessary to determine the ability of the
bidder to perform the work and the bidder shall furnish to the OWNER all such information and data
for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the
evidence submitted by or investigation of such bidder fails to satisfy the OWNER that such bidder is
properly qualified to carry out the obligations of the Agreement and complete the work contemplated
herein.
A conditional or qualified bid will not be accepted.
A ward will be made as a whole to one bidder.
All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over
the construction of the project shall apply to the contract throughout.
Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with
the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in
no way relieve any bidder from any obligation in respect to his bid.
IFB-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The low bidder must supply the names and addresses of major material suppliers and subcontractors
when requested to do so by the OWNER.
Inspection trips for prospective bidders will be conducted by the OWNER if requested in writing by
the bidder. Such request shall be directed to the Augusta Utilities Department Director by the bidder.
The Engineer is W. R. Toole Engineers, Inc.
IFB-3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROPOSAL
for
WILLIS FOREMAN ROAD STORAGE TANK
WATER MAIN INSTALLATION
The Augusta-Richmond County Commission
Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned, as bidder, herein referred to a singular and masculine, declares as follows:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents
3. He understands that information relative to existing structures and underground utilities as
furnished to him on the drawings, the Contract Documents or by the Augusta Utilities
Department, carries no guarantee expressed or implied, as to its completeness or accuracy and
he has made due allowances therefore;
4. He has made a personal examination of the site of the proposed work and has satisfied himself
as to the actual conditions and requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta-
Richmond County Commission Georgia, to furnish all machinery, tools, apparatus and other means
of construction and to do all work and furnish materials called for in accordance with the requirements
of the Director of the Augusta Utilities Department and the true intent of the Contract Documents and
that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable
to that item as stated in the schedule below.
(NOTE: Bidders must bid on each item.)
P-l
I
I
I
I
I....
;:::
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROPOSAL
BID SCHEDULE
1 CLEARING AND GRUBBING AC 0.60 $6,666.66 $4,000.00
2 GRADING- SWALE CONSTRUCTION LS 1 $4,065.00 $4,065.00
3 WATER MAIN-12" DUCTILE IRON LF 1355 $18.00 $24,390.00
4 FITTINGS-DUCTILE IRON TON 0.40 $5,200.00 $2,080.00
5 12" GATE VALVE WITH BOX EA. 2 $1,027.00 $2,054.00
6 12"X 12" TAPPING SLEEVE AND VALVE EA. 1 $5,480.00 $5,480.00
7 STORM DRAIN-18" R.C.P. LF 16 $33.50 $536.00
8 FLARED END SECTION- 18" CONCRETE EA. 1 $450.00 $450.00
9 FLAP VALVE EA. 1 $552.00 $552.00
10 12" STONE PLAIN RIPRAP WITH FILTER FABRIO SY 30 $33.00 $990.00
11 8" THICK CONCRETE PAVEMENT SY 52 $24.30 $1,263.60
12 11/2" TYPE "E" ASPHALTIC CONCRETE PAVEME SY 280 $7.25 $2,030.00
13 SILT FENCE, TYPE B LF 1900 $2.50 $4,750.00
14 EROSION CONTROL BLANKET SY 2860 $4.00 $11,440.00
15 GRASSING AC. 0.60 $2,500.00 $1,500.00
TOTAL $65,580.60
1A SELECT BACKFILL CY 100 $7.50 $750.00
2A STONE BEDDING TON 50 $22.00 $1,100.00
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The contract covering the construction of all work described above will be completed within...6Q
consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta Utilities
Department Director:
Sixty five thousand five hundred ei~hty and 6O/l00--------------------------------------------Dollars
($65,580.60) subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages
the sum of $200.00 for each consecutive calendar day thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to accept any
proposal as deemed to be to the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall be included as
part of the Contract Documents:
Addendum
Date
The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder
will within ten (10) days from the date of notification of acceptance of his proposal, execute the
contract and furnish the Owner with satisfactory performance and payment bond in the amount equal
to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or
Certified Check in the amount of Dollars
($ )being not less than ten (10%) percent of the total base bid sum.
Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case
this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as
liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the
amount received shall become the property of the Owner. If the security is a Bid Bond, the value
thereof shall be paid to the Owner by the Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is the proper
measure of liquidated damages which the Owner will sustain by the failure of the undersigned to
execute the Contract and furnish the Performance and Payment Bond.
P-3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
Mabus Brothers, Inc.
Name of Bidder
Date: /1- t./- 97
920 Molly Pond Road
Business Address
Au~ustar Geor~ia 30901
City and State
P-4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
as Principal and
as Surety, are hereby held and firmly
bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of
for the payment of which, well and truly made,
we hereby jointly and severally bind ourselves, successors and assigns.
Signed, this
day of
, 19
The condition of the above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part
hereof to enter into a contract in writing for the Willis Foreman Road Storage Tank Water Main
Installation.
NOW, THEREFORE,
(a) If said Bid shall be rejected or in the alternate,
(b) If said bid shall be accepted and the principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said bid)
and shall furnish a bond for his faithful performance of said contract and for the
payment of all persons performing labor or furnishing materials in connection
therewith and shall in all other respects perform the agreement created by the
acceptance of said bid.
then this obligation shall be void, otherwise the same shall remain in- force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of time within which the Owner
may accept such Bid; and said Surety does hereby waive notice of any such extension.
BB-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
and such of them as are corporations have caused their corporate seals to be hereto affIxed and these
presents to be signed by their proper offIcers, the date and year fIrst set forth above.
(L.S.)
Principal
Surety
By:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
BB-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
AGREEMENT
TInS AGREEMENT, made this JJ
day of ~t
, 1997, by and between the
Augusta-Richmond County
J'~&"1W.J !k;1(VC7idll (l~e.
Commission,
"OWNER"
and
hereinafter
called
doing business as-faR iftdi-.,idua1) or (a par.ner:drlp) or (a
corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned:
1. The Contractor will commence and complete construction for Willis Foreman Road Stora2e
Tank Water Main Installation.
2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10)
calendar days after the date of the Notice to Proceed and will complete same within...DQ
calendar days unless the period of completion is extended otherwise by the Contract
Documents.
4. The Contractor agrees to perform all the work described in the Contract Documents for the
sum of$ 65,580.60
5. The term "Contract Documents" means and includes the following:
(a) Invitation for Bids
(b) Information for Bidders
(c) Proposal
(d) Bid Bond
(e) Agreement
(t) General Conditions
(g) Supplemental Conditions
(h) Payment Bond
(i) Performance Bond
G) Drawings Prepared by Owner
(k) Technical Specifications
(1) Addenda: No. , dated
, 19
A-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
No.
No.
, dated
, dated
, 19 .
,19_.
6. The Owner will pay to the Contractor in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in-3- (number of copies) each of which shall be deemed
an original on the date first above written.
OWNER:
BY:
(SEAL)
TITLE:
(Type r Print)
7ff~
A~~
- NAMEiizilt.1 tJ~
TIlII doCUNli appIO'IId .s cfb .
~,:/Yii TITLEt,_J::;'~k 6-F UJnmlSSlb/'l
CONTRACTOR:
$~5 &t)~J (2S'kVC"1fd/Y' t?~.
BY~~,-~~1S~/
NAME: ~h1V ~dg..5 ~/OEAl7'
(Type or Print)
(SEAL)
ADDRESS: 9':<'6 ~uv A'lJtJ ;e~o
/let &US'r'r:l, 6N. '3 d '}d /
.
ATTEST:
A-2
... ,
AlA Document A312
5909792
Performance
Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Ma bus B rot her s Con s t r u c t Ion Co" I n c
920-B Molly Pond Rd
Augusta, Ga 30901
SURETY (Name and Principal Place of Business):
Safeco Insurance Company of America
Safeco Plaza
Seattle, WA 98185
OWNER (Name and Address):
The Augusta-Richmond County Commission
Mu n I c i p a I B u I I din g
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $65,580,60
Description(NameandLocation):Wlllls Foreman Road Storage Tank Water Main Installation
BOND
Date (Not earlier than Construction Contract Date):
Amount: $65,580.60
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Mabus Brothers
(Corporate Seal)
Signature:
Name and Itle:
(Any additional signat res appear on page .)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENTorBROKER:Palmer & Cay of Georgia, Inc
3333 Cumberland Circle, Suite 500
Atlanta, GA 30339/770 618 2082
1 The Contractor and the Suret y, jointl y and severall y,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Suret y and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Contruc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
SURETY 5026 (6-92)
SG-1852/EP 6/94
Page 1 of 2
I!I None
D See Page 2
SURETY
Company:
Safaco Insurance Company of
(Corporate Seal)
America
Signature: fv/ ~ /~ /(~
Name and Title: W. G, Van Busk I rk
Attorney In Fact
OWNER'S REPRESENT A TIVE (Architect, Engineer or other
party):
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right,
if any, subsequentl y to declare a Contractor Default;
and
3.2 The Owner has declared a Contractor Default
and formally terminated the Contractor's right to com-
plete the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Contruction Contract in ac-
cordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
PRINTED IN U.S.A.
..
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Con-
tract, arrange for a contract to be prepared for execution
by the Owner and the contractor selected with the
Owner's concurrence, to be secured with performance
and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction
Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of
the Contract Price incurred by the Owner resulting
from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
. 1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Suret y does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the Owner
to the Suret y shall not be greater than those of the Owner
under the Construction Contract. To the limit of the amount
of this Bond, but subject to commitment by the Owner of
the Balance of the Contract Price to mitigation of costs and
damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others
for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is
located and shall be instituted within two years after
Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the juris-
diction of the suit shall be applicable.
10 Notice to the Suret y, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall
be construed as a statutory bond and not as a common
law bond.
12 DEFINITIONS
1 2. 1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
SG-1852/EP 6/94
Page 2 of 2
AIA Document A312
Payment
5909792
Bond
CONTRACTOR (Name and Address):
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
Mabus Brothers Construction Co" Inc
920-B Mo I I Y Pond Rd
Augusta, GA 30901
SURETY (Name and Principal Place of Business):
Safeco Insurancae Company of Amer lea
Safeco Plaza
Seattle, WA 98185
OWNER (Name and Address):
The Augusta-Richmond County Commission
Mu n I c I p a I B u i I din g
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $65,580,60
Description(NameandLocation):Willis Foreman Road Storage Tank Water Main Installation
BOND
Date (Not earlier than Construction Contract Date):
Amount: $65,580.60
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Mabus Brothers
(Corporate Seal)
Signature:
Name and ltle:
(Any additional sign lures appear on p e 2.)
(FOR INFORMATION ONL Y - Name, Address and Telephone)
AGENTorBROKER:Palmer & Cay of Georgia, Inc
3333 Cumberland Circle, Suite 500
Atlanta, Ga 30339
The Contractor and the Suret y, jointl y and severall y ,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorporated
herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment
furnished for use in the performance of the Construc-
tion Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address described
in Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
SURETY 5026 (6-92)
SG-1853/EP 6/94
I!l None
D See Page 2
SURETY
Company: (Corporate Seal)
Safeco Insurance Company of America
Safeco Insurance Company o~maric~~ '~
Signature: pr' /7 t/ ~ /~.-e'~
Name and Title: W, G, Van Buskirk
Attorney In Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, directly
or indirectly, for all sums due.
4 The Suret y shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the Owner,
within 90 days after having last performed labor
or last furnished materials or equipment included
in the claim stating, with substantial accuracy,
the amount of the claim and the name of the
part y to whom the materials were furnished or
supplied or for whom the labor was done or
performed; and
Page 1 of 2
PRINTED IN U.S.A.
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent a
copy, or notice thereof, to the Owner stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by paragraph 4 is given by
Owner to the Contractor or to the Suret y, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the
Suret y.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
this Bond, subject to the Owner's priority to use the funds
for the completion of the work.
9 The Suret y shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable
for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this bond no
obligations to make payments to, give notices on behalf of,
or otherwise have obligations to Claimants under this
Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under
the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
12 Notice to the Suret y, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page, Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be
a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a
direct contract with the Contractor or with a sub-
contractor of the Contractor to furnish labor, materials
or equipment for use in the performance of the Con-
tract. The intent of this Bond shall be to include
without limitation in terms "labor, materials or
equipment" that part of water, gas, power, light, heat,
oil, gasoline, telephone service or rental equipment
used in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's sub-
contractors, and all other items for which a mechanic's
lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the signa-
ture page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACfOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
SG-1853/EP 6/94
Page 2 of 2
($)
SAFECO@
POWER
OF A TIORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No.
9643
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
cOrRoration, does each hereby appoint
M MJAMES R. WilliAMS; W,G, VAN BUSKIRK; CYNDI MclEOD-lAWRENCE; VERA COHAN; Atlanta GeorglaMMMMM
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this
17
day of
June
19 97
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or eVidencing
such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFE CO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-
-
iiiiii
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(j) The provisions of Article V. Section 13 of the By-laws. and
(H) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(Hi) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I. R. A Pierson, Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of
Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
day of
19
S-974/EP 1/93
@ Registered trademark of SAFECO Corporation.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
a
, hereinafter called
Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of _
dollars ($ ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDIDON OF TIllS OBLIGA nON is such that whereas, the Principal entered into
a certain contract with the OWNER, dated day of , 19 , a copy
of which is hereto attached and made a part hereof for the construction of Willis Foreman Road
Storaee Tank Water Main Installation.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof and any extensions thereof which may be granted by the OWNER, with or without notice
to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands
incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs
and damages which it may suffer by reason of failure to do so and shall reimburse and repay the
Owner all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work to be
performed thereunder or the specifications accompanying the same shall be in any way affect its
obligation on this bond and it does hereby waive notice of any such change extension of time,
PFB-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _(number) of counterparts, each
of which shall be deemed an original this _day of , 19_.
A TrEST
Principal
(principal) Secretary
By
(s)
(SEAL)
Address
(Witness as to Principal)
(Address)
Surety
ATrEST:
By
Attorney-in-fact
(Surety) Secretary
(SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and authorized to transact business in the state where the
project is located.
PFB-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PA YMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a
(Corporation, Partnership or Individual)
hereinafter called Principal
and
(Name of Surety)
(Address of Surety)
The Condition of this obligation is such that whereas the Principal entered into a certain contract with
the Owner dated the day of , 19 , a copy of which is hereto
attached and made a part hereof for the construction of:
Willis Foreman Road Stol<\ee Tank Water Main Installation
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, contractors
and corporations furnishing material for or performing labor in the prosecution of the work provided
for in such contract and any authorized extension or modification thereof; including all amounts due
for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such work and all insurance premiums on
said work and for all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond and it does hereby waive notice of any such change, extension of time,
PYB-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
alteration or addition to the terms of the Contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in-L(number of copies) counterparts, each
one of which shall be deemed an original, this the _day of
19
ATTEST
Principal
By
(s)
Principal Secretary
Address
(SEAL)
Witness as to Principal
Address
ATTEST:
Surety
Surety Secretary
By
Attorney-in-fact
(SEAL)
Address
Witness as to Surety
Address
NaTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
PYB-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
PYB-3
I
I
I Article
Number
I 1
2
I 3
4
I 5
I 6
7
I 8
9
I 10
I 11
12
I 13
I 14
15
I 16
17
I
I
I
I
I
I
TABLE OF CONTENTS OF GENERAL CONDmONS
Tille
Definitions
Preliminary Matters
Contract Documents. Intent. Amending and Refuse
Availability of Lands; Physical Conditions; Reference Points
Bonds and Insurance
Contractor'. Responsibilities
Other Work
Owner'. Responsibilities
Engineer'. Status During Construction
Changes in the Work
Change of Contract Price
Change of Contract Time
Warranty and Guarantee; Tests and Inspections; Correction. Removal or Acceptance of Defective
Work
Payments to Contractor and Completion
Suspension of Work and Termination
Arbitration
Miscellaneous
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Wherever used in these Geoeral COoditiODll or in the
other Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
Addenda: Written or graphic instnunenta issued prior
to the opening of Bids which clarify, correct or change
the bidding documents or the Contract Documents.
A rrument: The written agreement between OWNER
and CONTRACTOR coverina the Work to be
performed; other Contract Documents are attached to
the Agreement and made a part thereof as provided
therein.
A""lication for Pqymenl: The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to
include such supporting documentation as is required by
the Contract Documents.
lJkJ.: The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work
to be performed.
BurJd,s,: Bid, ped'ormance and payment bonds and other
instnunenta of security.
Cha"fe Order: A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or
the Contract TJIDe, issued on or after the Effective Date
of the Agreement.
Contract DOCU11I.t!1It.r: The Agreement, Addenda (which
pertain to the Contract Documents), CONTRACTOR's
Bid (mcJuding ~mlf'Jnblt:ioo accompanying the Bid and
any post-Bid doclllW'-ntJltioo submitted prior to the
Notice of Award) when attached u an exhibit to the
Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all amendments,
modifications and supplements issued pursuant to
psragnIIiJs 3.4 and 3.5 on or after the Effective Date of
the Agreement.
Contract Price: The moneys payable by OWNER to
CONTRACTOR under the Contract Documents as
stated in the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
Contract 1i11U!: The number of days (computed as
provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONIRAeroR: The person, firm or corporation with
whom OWNER has entered into the Agreement.
defective: An adjective which when modifying the word
Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred
to in the Contract Documents, or has been damaged
prior to ENGINEER's ~tion of final payment
(unless responsibility for the protection thereof has heen
assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Drawinv: The drawings which show the character and
scope of the Work to be pedormed and which have heen
prepared or approved by ENGINEER and are referred
to in the Contract Documents.
~ctive Date Ql the A rrument: The date indicated in
the Agreement on which it becomes effective, but if no
such date is indicated it means the date 00 which the
Agreemed ia signed and delivered by the last of the two
parties to sign and deliver.
ENGINEER: The persol!, firm or corporation named
u such in the Agreement.
Field Order: A written order issued by ENGINEER
which orden minor changes in the Work in accordance
with p81'8gl'8Iil9.5 but which does not involve a change
in the Contract Price or the Contract Time.
General Refl1lire11U!1lt.r: Sections of Division 1 of the
Specifications.
2
I
I
I
Laws and Rtrulmions' Uzws or Rteulations: Laws,
roles, regulations. ordioancea, codes aM/or orders.
Notice tI' AwarrJ.: Tho written ootice by OWNER to the
appared successful bidder statioa that upon compliance
by the appareol mcceuful bidder with the conditions
precedeot ewmerated tberein, within the time specified,
OWNER will sign and deliver the Agreement.
I
I
I
I
I
Notice to Proc~~d: A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing
the date on which the Contract Time will commence to
nul and OIl which CONTRACTOR shall start to perform
CONTRACTOR', obligations under the Contract
Documents.
OWNER: Tho public body or authority, corporation,
association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work
is to be provided.
Partial UtilUation: Placing a portion of the Work in
service for the purpose for which it is intended (or a
related pupose) before reaching Substantial Completion
for all the Work.
I
I
b:1l.kJ;r. Tho total coostnJction of which the Work to be
provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract .
Documents.
I
I
I
I
I
I
Resident Prqfect R~presentative: The authorized
represemative of ENGINEER who is assigned to the site
or any part thereof.
Shqp Drawines: All drawings, diagrams, illustrations,
sched\.Jee and other data which are specifica1ly prepared
by or for CONTRACTOR to illustrate some portion of
the Work and all illustrations, brochures. standard
schedules, performance charts, instructions. diagrams
and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or
equipment for some portion of the Work.
$p~cifications: Those portions of the Contract
Dncnmem consisting of written technical descriptions
of materials, eqnipmeot, constJUction systems, standards
and wor1cmanllhip as applied to the Work and certain
admini!ltrative details applicable thereto.
I
I
I
Subcontractor. An individual. firm or corporation
having a direct contract with CONTRACTOR or with
any other Subcootractor for the performance of a part of
the Work at the site.
Substantial CO"1P~tion: The Work (or a specified part
thereof) has progressed to the point where, in the
opinion of ENGINEER .. evideaced by ENGINEER's
definitive certificate of SubRtAntiRl Completion, it is
sufficiently complete, in MCCOrdance with the Contract
~1rf'i'd., so that the Work (or specified part) can be
utilized for the purposeI for which it is inteoded; or if
there be DO such certificate issued, when final payment
is due in accordance with paragraph 14.13. The terms
-substaotial1y complete- and -sub!ltAntialty completed-
as applied to any Work refer to SubRtAntial Completion
thereof.
SU1JlJ~menta'Y Conditions: The part of the Contract
Documeots which ameods or supplemeota tbe80 General
Conditions.
SU1J1Jlier. A manufacturer, fabricator, supplier,
distnbutor, materialman or vendor.
Underrround Facilities: All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any eocasemeota
cootaioiog such facilities which have been iostalled
underground to furnish any of the following services or
materials; electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
Unit Pric~ Work: Work to be paid for on the basis of
unit prices.
lYazi: Tho edire cnmp1eted constJUction or the VariOUB
separately identifiable parta thereof required to be
furnished UDder the Contract Documema. Work is the
result of performing services, furoishina Jabor and
furnishing and incorporating materials and equipment
into the coostJUction, all .. required by the Contract
Documents.
Work Directiv~ Chanee: A written directive to
CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by OWNER and
recommended by ENGINEER, ordering an addition,
deletion or revision in the Work, or responding to
differing or unforeseen physical conditions under which
the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A
Work Directive Change may not change the Contract
Price or the Contract Time, but is evidence that the
3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
partieI expect that the chango directed or documented by
a Work Directive Change will be incorporated in a
subsequeotly issued Change Order following
negotiatioos by the partiea as to its effect, if any, on the
Contract Price or Contract Time as provided in
paragraph 10.2.
Writtm Ammdmmt: A writteo amendment of the
Contract D~ltnAnt., .igned by OWNER and
CONTRACTOR OIl or after the Effective Date of the
Agreement and normally dealing with the
DOnengineering or nontechnical rather than strictly
Work-related aspecta of the Contract Documents.
ARTICLE 2 - PRELIMINARY MATTERS
DeUre" 0/ Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies 0/ Documenu:
2.2. OWNER shall furnish to CONTRACTOR up to
ten copiea (unless otherwise specified in the
Supplementary Conditions) of the Contract Documents .
as are reasonably necessary for the execution of the
Work. Additional copiea will be furnished, upon
request, at the cost of reproduction.
C01ll11lencemenl 0/ ConJrad Time; Notice 10 Proceed
2.3. The Contract Time will commence to ron on the
thirtieth day after the Effective Date of the Agreement,
or, if a Notice to Proceed is given, on the day indicated
in the Notice to Proceed. A Notice to Proceed may be
given at any time within thirty days after the Effective
Date of the Agreement. In DO event will the Contract
Time COIJJJDeDCe to roo later than the seventy-fifth day
after the day of Bid opeoing or the thirtieth day after the
Effective Date of the Agreement, whichever date is
earlier.
Starting 1M Project:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Time commencea to ron,
but DO Work shaII be done at the lite prior to the date on
which the Contract Time commeDCea to ron.
Be/ore Starting ConsJructlon:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and COD1pU'8 the
Contract DQClIJUIlnta and check and verify pertinent
figures shown thereon and all applicable field
measurementa. CONTRACTOR sha1I promptly report
in writin& to ENGINEER any conflict, error or
discrepaocy which CONTRACTOR may discover and
shaD obtain a written interpretation or c1arification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable
to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Contract
Documents, unless CONTRACTOR had actual
knowledge thereof or shou1d reasonably bave known
thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. an estimated progress schedule
indicating the starting and completion dates of
the varioua stages of the work.
2.6.2. a preliminary IChedule of Shop
Drawing submissioos; and
2.6.3. a preliminary schedule of values for
all of the Work which will include quantities
and prices of items aggregating the Contract
Price and will subdivide the Work into
compooed puts in sufficient detail to selVe as
the basis for progress payments during
coostroction. Such prices will include an
appropriate amount of overhead 8IId profit
applicable to each item of Work which will be
confirmed in writing by CONTRACTOR at
the time of submission.
2.7. Before any Work at the site is started,
CONTRACTOR shall deliver to OWNER, with a copy
to ENGINEER, certificates (and other evidence of
insurance requested by OWNER) which
CONTRACTOR is required to pII'Cbase and maintain in
accordaoce with paragraphs 5.3 and 5.4 and OWNER
shaII deliver to CONTRACTOR certificates (and other
evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and pl.8intJlin in
accordance with paragraphs 5.6 and 5.7.
4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Preconstructlon Coriference:
2.8. Within twenty days after the Effective Date of
the Agreement, but before CONTRACTOR starts the
Work at the site, a conference attended by
CONTRACTOR, ENGINEER and others .. appropriate
will be held to discuu the acbedulea referred to in
paragraph 2.6, to diacuu procedureI for handling Shop
Drawinp and other submittala and for proceI8ing
ApplicatioDl for Payment, and to establish a working
understanding among the putiea .. to the Work.
FlruzlWng Schedules:
2.9. At least ten days before submission of the first
Application for Payment a conference attended by
CONTRACTOR, ENGINEER and others .. appropriate
will be held to finalize the schedulea submitted in
accordance with paragraph 2.6. The finalized progress
schedule will be acceptable to ENGINEER .. providing
an orderly progression of the Work to completion within
the Contract Time, but such acceptance will neither
impose on ENGINEER responsibility for the progress
or ....,l-fllling of the Work nor relieve CONTRACTOR
from full responsibility therefor. The finalized achedule
of Shop Drawing submissions will be acceptable to
ENGINEER .. providing a workable arrangement for
processing the submissions. The finalized schedule of
values will be acceptable to ENGINEER .. to form and .
substance.
ARTICLE 3 - CONTRACT DOCUMENTS:
INTENT. AMENDING. REUSE
Intent:
3.1. 'The Contract Documeota comprise tho entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documeota are
complemeotary; what is called for one is a binding.. if
called for by all. The Contract Documents will be
coostJUed in acconlance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
descn"be a functionally complete Project (or part
thereof) to be constJUcted in accordance with the
Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
Contract Documeota .. being required to produce the
intended result will be supplied whether or not
specifically called for. Then words which have a well-
known technical or trade meaning are used to describe
Work, materials or equipment such wonU shall be
interpreted in accordance with that meaning. Refereoce
to standard specifications, .....m'.I. or codea of any
technical society, organization or association, or to the
Laws or Regulations of any gove~lllUtbority,
whether such refereoce be specific or by implication,
shall mean the latest standard specification, JDIIIIU&l,
code or Laws or RegulatiODl in effect at the time of
opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids), except .. may be
otherwise specifically stated. However, no provision of
any referenced standard specification, JDIIIIU&l or code
(whether or not specifically incorporated by refereuce in
the Contract ~~) sball be effective to change the
duties and responsibilitiea of OWNER, CONTRACTOR
or ENGINEER, or any of their consuItanta, ageata or
employees from those set forth in the Contract
Documeots, nor shall it be effective to usign to
ENGINEER, or any of ENGINEER's ~,JtAnt.,
ageds 01' employees, any duty or llUtbority to supervise
or direct the furnishing or perfOJ1DlUJC8 of the Work or
any duty or authority to undertake responsibility
contrary to the provisioDl of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract
Docwnents shall be issued by ENGINEER .. provided
in paragraph 9.4.
3.3. If, during the perfOJ1DlUJC8 of the Work,
CONTRACTOR finds a conflict, error or discrepancy
in the Contract Documents, CONTRACTOR shall 80
report to ENGINEER in writing at once and before
proceeding with the Work affected thereby shall obtain
a written interpretation or clarification from
ENGINEER; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract
Documents unlesa CONTRACTOR bad actual
knowledge thereof or should reasonably have known
thereof.
Amendlng and Supplemeiulng Contract Documents:
3.4. The Contract Documeots may be .........ded to
provide for additioDl, deletioDl and revisioDl in the
Work or to modify the terms and conditioDl thereof in
one or more of the following ways:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
5
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.4.3. a Work Directive Change (pursuant to
paragraph 10.1).
A, indicated in paragraphs 11.2 and 12.1, Contract
Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.5. In addition, the requirements of the Contract
DnctnnAl1hl may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following way':
3.5.1. a Field Order (pursuant to paragraph
9.5),
3.5.2. ENGINEER', approval of a Shop
Drawing or sample (pursuant to paragraphs
6.26 and 6.27) or
3.5.3. ENGINEER', written interpretation or
clarification (pursuant to paragraph 9.4).
RelUe of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor
or Supplier or other person or organization performing
or furnishing any of the Work under a direct or indirect
contract with OWNER shall have or acquire any title to
or ownership rights in any of the Drawings, _
Specifications or other documents (or copies of any
thereof) prepared by or bearing tho seal of ENGINEER;
and they shall not reuse any of them on extensions of
the Project or any other project without written consent
of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4 - A V AILABILITY OF LANDS;
PHYSICAL CONDmONS: REFERENCE POINTS
A'IaJlabllJJy of Lands:
4.1. OWNER shall furnish, as indicated in tho
Contract J)nADnflnt$, tho lands upon which the Work is
to be performed. rigbts~f-way and easements for access
thereto, and such other lands which are designated for
the use of CONTRACTOR. Easements for permanent
structures or permanent changes in existing facilities
will be obtained and paid for by OWNER, unless
otherwise provided in tho Contract Documents. If
CONTRACTOR believes that any delay in OWNER's
furnishing these 1ands,rights~f-way or easements
entitles CONTRACTOR to an extension of tho Contract
Time, CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide
for all additiooal1ands and access thereto that may be
required for temponuy construction facilities or storage
of materials and equipment.
Physical Conditions:
4.2.1. EJgJlorations and ReDorts: Reference
is made to the Supplementary Conditions for
identification of those reports of explorations
and tests of subsurface conditions at the site
that have been utilized by ENGINEER in
preparation of the Contract Documents.
CONTRACTOR may rely upon the accuracy
of the technical data contained in such reports,
but DOt upon nontechnical data, interpretations
or opinions contained therein or for the
completeness thereof for CONTRACTOR's
purposes. Except as indicated in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
full responsibility with respect to subsurface
conditions at the site.
4.2.2. Existinf Structures: Reference is
made to tho Supplementary Conditions for
identification of those drawings of physical
CODditioos in or relating to existing surface and
subsurface stlUCtures (except Underground
Facilities referred to in paragraph 4.3) which
are at or contiguous to the site that have been
utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data
contained in such drawings,but not for the
completeness thereof for CONTRACTORS's
purposes. Except as indicted in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
full responsibility with respect to physical
conditions in or relating to such structures.
4.2.3. ReDort qf Diferinf Conditions: If
CONTRACTOR believes that:
4.2.3.1. any technical data on which
CONTRACTOR is entitled to rely as provided
in paragraphs 4.2.1 and 4.2.2 is inaccurate, or
6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4.2.3.2. any physical condition
uncovered or revealed at the site differs
materially from that indicated, reflected or
referred to in the Contract Documents.
CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by
paragraph 6.22), notify OWNER and ENGINEER in
writing about the inaccuracy or difference.
4.2.4. ENGINEER's Review: ENGINEER
will promptly review the pertinent conditions,
determine the necessity of obtaining additional
explorations or test with respect thereto and
advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings
and conclusions.
4.2.5. P09Wle Document Chanfe: If
ENGINEER concludes that there is a material
error in the Contract Documents or that
~,se of newly discovered conditions a
change in the Contract Documents is
required, a Work Directive Change or a
Change Order will be issued as provided in
Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. P09Wle Price and TIme A4justments:
In each such case, an increase or decrease in
the Contract Price or an extension or
shortening of the Contract Time, or any
combination thereof, will be allowable to the
extent that they are attnoutable to any such
inaccuracy or difference. If OWNER and
CONTRACTOR are unable to agree as to the
amount or length thereof, a claim may be
made therefor as provided in Article II and
12.
Physical Cond/tloru-Untkrground Facllltles:
4.3.1. Shown or Indicated: The information
and data shown or indicated in the Contract
Documents with respect to existing
Underground Facilities at or contiguous to the
site is based OIl information and data furnished
to OWNER or ENGINEER by the owners of
such Underground Facilities or by others.
Unless it is otherwise expressly provided in
the Supplemental}' Conditions:
4.3.1.1. OWNER and ENGINEER shall
DOt be responsible for the accuracy or
completeoeu of any such information or data;
and
4.3.1.2. CONTRACTOR shall have full
responsibility for reviewing and checking all
such information and data, for locating all
Underground Facilities shown or indicated in
the Contract Documents, for coordination of
the Work with the ownetl of such
Underground Facilities during con&truction,
for the safety and protection thereof as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work, the
cost of all of which will be considered as
having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an
Underground Facility is uncovered or revealed
at or contiguoua to the aite which was DOt
shown or imicated in the Contract DnClIll'AntJl
and which CONTRACTOR could DOt
reasonably have been expected to be aware of,
CONTRACTOR shall, promptly after
'-'.nrnir1g aware thereof and before performing
any Work affected thereby (except in an
emergency .. permitted by paragraph 6.22),
identify the owner of such Underground
Facility and give written notice thereof to that
owner and to OWNER and ENGINEER.
ENGINEER will promptly review the
Underground Facility to determine the extent
to which the Contract Documents should be
modified to reflect and document the
consequences of the existence of the
Underground Facility, and the Contract
Documents will be .~ed or supplemented
to the exteDt uec:essary. During such time,
CONTRACTOR shall be responsible for the
safety and protection of such Underground
Facility .. provided in paragraph 6.20.
CONTRACTOR-shall be allowed an increase
in the Contract Price or an extension of the
Contract Tune, or both, to the extent that they
are attributable to the existence of any
Underground Facility that was DOt shown or
indicated in the Contract Documents and
which CONTRACTOR could DOt reasonably
have been expected to be aware of. If the
parties are uoable to agree as to the amount or
length thereof, CONTRACTOR may make a
claim therefor as provided in Articles 11 and
7
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
12.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for constIUction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work (unless otherwise specified in the General
Requirements), shall protect and preserve the
established reference points and shall make no changes
or relocations without the prior written approval of
OWNER. CONTRACTOR shall report to ENGINEER
whenever any reference point is lost or destroyed or
requires relocation because of necessary changes in
grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference
points by professionally qualified personnel.
ARTICLE 5 - BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance
and payment of all CONTRACTOR's obligations under
the Contract Documents. These Bonds shall remain in .
effect at least until one year after the date when final
payment hAoome. due, except as otherwise provided by
Law or Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All
Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be
executed by such sureties as are named in the current
list of -Cnrrlpe.niee Holding Certificates of Authority as
Accqtable Sureties OIl Federal Bonds and as Accepable
Reinsuring Companies. as published in Circular 570
(lUDeIlded) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All Bonds signed by an agent
must be lIOOOlDplIDied by a certified copy of the authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a banlaupt or becomes
insolvent or its right to do business is terminAtM in any
state where any pert of tho project is located or it ceases
to meet the requirements of paragraph 5.1.
CONTRACTOR shall within five days thereafter be
acceptable to OWNER.
Contractors UabiJJtJ Insurance:
5.3. CONTRACTOR shall puchase and lI1llintain
such compreheosive geoeraIliability and other insurance
as is appropriate for the Work being perforJJJed and
furnished and as will provide protection from claims set
forth below which may arise out of or result from
CONTRACTOR's performance and furnishina of the
Work and CONTRACTOR's other' obligations under the
Contract Documents, whether it is to be perforJJJed or
furnished by CONTRACTOR, by any Subcontractor, by
anyone directly or indirectly employed by any of them
to perform or furnish any of the Work, or by anyone for
whose acts may be liable:
5.3.1. Claims under workers' or workmen's
compensation, disability benefits and other
similar employee benefits acts;
5.3.2. Claims for damages because of bodily
injury, occupational sickness or disease, or
death of CONTRACTOR's employees;
5.3.3. Claims for damages because of bodily
injury, sickness or disease, or death of any
person other than CONTRACTOR's
employees;
5.3.4. Claims for damages insured by
personal injury liability coverage which are
sustained (a) by any person as a result of an
offense directly or indirectly related to the
employment of such person by
CONTRACTOR, or (b) by any other person
for any other reason;
5.3.5. Claims for damages, other than to the
Work itself, because of injury to or desUuction
of tangible property wherever located,
including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of
Laws and ReguJations for damages because of
bodily injury or death of any person or for
damage to property; and
5.3.7. Claims for damages because of bodily
injury or death of any person or property
damage arising out of the ownership,
mAintpnAlll'-O or use of any motor vehicle.
Tho insurance required by this paragraph 5.3. shall
include the specific coverages IlIId be written for not less
8
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ENGINEER to determine that the
material or equipment proposed is
equivalent or equal to that named.
The procedure for review by
ENGINEER will include the
following as supplemented in the
General Requirementa. Requests for
review of substitute items of material
and equipment will not be accepted
by ENGINEER from anyone other
than CONTRACTOR. H
CONTRACTOR wishes to furnish or
use a substitute item of material or
equipment, CONTRACTOR shall
make written application to
ENGINEER for acceptance thereof,
certifying that the proposed substitute
will perform adequately the functions
and achieve the resu1ta called for by
tho general design, be similar and of
equal SUN:tAnt!A to that specified and
be suited to the same use as that
specified. The application will state
that the evaluation and acceptance of
the proposed substitute will not
prejudice CONTRACTOR's
achievement of Substantial
Completion on time, whether or not
acceptance of the substihlt~ for use in .
the Work will require a change in
any of the Contract Documents (or in
the provisions of any other direct
contract with OWNER for work on
the Project) to adapt the design to the
proposed substitute and whether or
not incorporation or \ISO of the
substitute in connection with tho
Work is subject to payment of any
1iceose fee or royalty. All variations
of the proposed substitute from that
specified will be identified in tho
application and availablo
maintenance, repair and rep1acement
service will be indicated. The
application will also contain an
1temi7M ~ of all costs that will
result directly or indirectly from
acceptance of such substitute,
including costa of redesign and
claims of other contractors affected
by the resulting change, all of which
shall be considered by ENGINEER
in evaluating tho proposed substitute.
ENGINEER may require
CONTRACTOR to fumiab at
CONTRACTOR's expemse additional
data about the proposed substitute.
6.7.2. H a specific meaDI, method,
technique, sequence or procedure of
constJuction is indicated in or required by the
Contract Documeota,CONTRACTOR may
furnish or utilize a substitute means, method,
sequence, technique or procedure of
construction acceptable to ENGINEER, if
CONTRACTOR submits sufficied information
to allow ENGINEER to determine that the
substitute proposed is equivalent to that
indicated or required by the Contract
Documents. The procedure for review by
ENGINEER will be similar to that provided in
puagrllIil6.7.1 u applied by ENGINEER and
as may be supplemented in the General
Requirements.
6.7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
proposed substitute. ENGINEER will be the
80le judge of acceptability, and DO substitute
will be ordered, installed or utilized without
ENGINEER's prior written acceptance which
will be evideoced by either a Change Order or
an approved Shop Drawing. OWNER may
require CONTRACTOR to furnish at
CONTRACTOR's expense a special
performance guarantee or other surety with
respect to any substitute. ENGINEER will
record time required by ENGINEER and
ENGINEER's consultants in evaluating
"m..nhmnn. proposed by CONTRACTOR and
in makiDg changea in the Contract Documeota
occasioned thereby. Whether or not
ENGINEER accepts a proposed substitute,
CONTRACTOR sball reimburse OWNER for
the chargeII of ENGINEER and ENGINEER's
consultants for - evaluating each proposed
substitute.
Concerning Subcontracton, Supp/Jen and Othen:
6.8.1. CONTRACTOR shall DOt employ any
subcontractor, Supplier or other person or
organization (including those acceptable to
OWNER and ENGINEER as indicated in
paragraph 6.8.2), whether initially or as a
substitute, against whom OWNER or
12
I
I
I
I
I
I
I
ENGINEER may have reasonable
objection. CONTRACTOR shall not
be required to employ any
Subcontractor. Supplier or other
person or organization to furnish or
perform any of the Work against
whom CONTRACTOR hu
reasonable objection.
6.8.2. If the Supplementary Conditions
require the identity of certain Subcontractors.
Suppliers or other persons or organizations
(including those who are to furnish the
principal items of materials and equipment) to
be submitted to OWNER in advance of the
specified date prior to the Effective Date of the
Agreement of acceptance by OWNER and
ENGINEER and if CONTRACTOR hu
submitted a list thereof in accordance with the
Supplementary Conditions. OWNER's or
ENGINEER's acceptance (either in writing or
by failing to make written objection thereto by
the date indicated for acceptance or objection
in the bidding documents or the Contract
Documents) of any such Subcontractor,
Supplier or other person or organization so
identified may be revoked on the basis of
reasonable objection after due investigation. in
which case CONTRACTOR shall submit an _
acceptable substitute. the Contract Price will
be increased by the difference in the cost
occasioned by such substitution and an
appropriate Change Order will be issued or
Written Amendment signed. No acceptance by
OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or
organization shall constitute a waiver of any
right of OWNER or ENGINEER to reject
defective Work.
I
I
I
I
I
I
I
I
I
I
I
I
6.9. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of
the Subcontractors. Suppliers and other persons and
orglIni7J1tinn.c performing or furnishing any of the Work
under a direct or iOOirect contract with CONTRACTOR
just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in
the Contract Documents shall create any contractual
relationship between OWNER or ENGINEER and any
such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the
part of OWNER or ENGINEER to payor to see to the
payment of any moneys due any such Subcontractor.
Supplier or other person or organization except as may
otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications
and identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to
be performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the
Subcontractor which specifically binds the Subcontractor
to the applicable terms and conditions of the Contract
Dncunll'tlts for the benefit of OWNER and ENGINEER
and contains waiver provisions as required by paragraph
5.11. CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by
CONTRACTOR on account of losses under policies
issued pursuant to paragraphs 5.6 and 5.7.
PaJenJ Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the
Work of any invention. design. process. product or
device which is the subject of patent rights or copyrights
held by others. If a particular invention, design,
process. product or device is specified in the Contract
l)QauneotB for use in the perfol1DlUlCe of the Work and
if to the actual knowledge of OWNER or ENGINEER
its use is subject to patent rights or copyrights calling
for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by
OWNER in the Contract Documents. CONTRACTOR
shall indemnify and hold harmleu OWNER and
ENGINEER and anyone directly or indirectly employed
by either of them from and against all claims. damages.
losses and expenses (including attorneys' fees and court
and lU'bitnWon costs) arising out of any infringement of
patent rights or copyrights incident to the use in the
perfol1DlUlCe of the Work or resulting from the
incorporation in the Work of any invention. design,
process. product or device not specified in the Contract
Documents. and shall defend all such claims in
ooonection with any alleged infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all
13
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges which are applicable at the time
of opening Bids, 01' if there are DO Bids on the Effective
Date of the Agreement. CONTRACTOR shall pay all
charges of utility owners for connections to the Work,
and OWNER shall pay all charges of such utility owners
for capital costs related thereto such as plant investment
fees.
Laws and Regullltlom:
6.14.1. CONTRACTOR shall give all notices
and comply with all Laws and Regulations
applicable to furnishing and performance of
the Work. Except where otherwise expressly
required by applicable Laws and Regulations,
neither OWNER DOl' ENGINEER shall be
responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations
6.14.2. If CONTRACTOR observes that
Specifications or Drawings are at variance
with any Laws or Regulations,
CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any
..........."<ll)' changes will be authorized by one of
the methods indicated in paragraph 3.4. If .
CONTRACTOR performs any Work knowing
01' having reason to know that it is contrary to
such Laws or Regulations, and without such
notice to ENGINEER, CONTRACTOR shall
bear all costs arising therefrom; however, it
shall not be CONTRACTOR's primary
responsibility to make certain that the
Specifications and Drawings are in accordance
with such Laws and Regulations.
Taxes:
6.15. CONTRACTOR shall pay all sales,
con.qlOlel",use and other similar taxes required to be paid
by CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
Use 01 Premises:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and
the operations of workers to the Project site and land
and areas identified in and permitted by the Contract
~lIDeIIts and other land and area permitted by Laws
and Regulations, ri&Jlt-so-way, pennita and euemeota,
and shall not UIU'eaSOnably encumber the premiseI with
COIlStruction equipued 01' other materiaIa 01' equipment.
CONTRACTOR shall assume tull responsibility for any
damage to any such land 01' area, 01' to the OWDel' 01'
occupant thereof or of any land or area cootiguoua
thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or
ENGINEER by any such owner or occupant because of
the performance of the Work, CONTRACTOR shall
promptly attempt to settle with such other part by
agreement 01' otherwise resolve the claim by abitration
01' at law. CONTRACTOR shall, to the tullest extent
permitted by Laws and Regulations, indemnify and hold
OWNER and ENGINEER hannless from and against all
claims, damages, losses and expense (including, but not
limited to, fees of engineers, architects, attorney. and
other professionals and court and abitration costs)
arising directly, indirectly or consequentially out of any
action, legal 01' equitable, brought by any such other
party against OWNER or ENGINEER to the extent
based on a claim arising out of CONTRACTOR'.
performance of the Work.
6.17. During the progress of the Work,
CONTRACTOR shall keep the premiseI free from
accumulations of waste materials, rubbiah and other
debris resulting from the Work. AI. the completion of
the Work CONTRACTOR shall remove all waste
materials, JUbbish and debris from and about the
premises as well as all tools, appliances, constauction
equipment and machineI)', and surplus materials, and
shall leave the site clean and ready for occupancy by
OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by
the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any
part of any strocture to be loaded in any IDIU1DeI' that
will endanger the stnIcture, nor shall CONTRACTOR
subject any part of the Work or adjacent property to
stresses or pressures that Will endanger it.
Record Documents:
6.19. CONTRACTOR shall JI18int-in in a safe placo
at the site one record copy of all Drawings,
Specifications, AddeaIa, Written AmendrnAltta, Change
Orders, Work Directive Changes, Field Orders and
written interpretations and clarifications (issued pursuant
to paragraph 9.4) in good order and annotated to show
all changes made during constroction. These record
14
I
I
documeota together with all approved samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon
completion of the Work, these record documents,
samples and Shop Drawings will be delivered to
ENGINEER for OWNER.
I
I
I
I
I
I
Sqfety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, nulIintaining and supervising all safety
pt""<'A11finns and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection
to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other
persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and
equipment to be incorporated therein, whether
in storage on or off the site; and
I
I
I
6.20.3. other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and
Underground Facilities not designated for
removal, relocation or replacement in the .
course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction
for the safety of persons or property or to protect them
from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of
adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly,in whole or in part, by CONTRACTOR,any
Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or
to the acts or omissions of OWNER or ENGINEER or
anyone employed by eithea- of them or anyone for whose
acts either of them may be liable, and not attnbutable,
I
I
I
I
I
I
I
I
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR's
duties and responsibilities for the safety and protection
of the Work shall continue until such time as all the
Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with
paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. CONTRACTOR shall designate. responsible
representative at the site whose duty shall be the
prevention of accidents. This person shall be
CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR or OWNER.
Emergencies:
6.22. In emergencies affecting the safety or
protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special
instn1ction or authorization from ENGINEER or
OWNER, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a
change in the Contract Documents is required because
of the action taken in response to any emergency, a
Work Directive Change or Change Order will be issued
to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field
measurements and after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGINEER for review
and approval in accordance with the accepted schedule
of Shop Drawing submissions (see paragraph 2.9), or
for other appropriate action if so indicated in the
SupplP.l'nAl1tA')' conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop
drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied
CONTRACTOR '. responsibilities under the Contract
Dooqned.t with respect to the review of the submission.
All submissions will be identified as ENGINEER may
require. The data .hown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria, materials and
15
I
I
I
I
I
I
I
I
similar data to enable ENGINEER to review the
information as required.
6.24. CONTRACTOR shall also submit to
ENGINEER for review and approval with such
promptnesa as to cause no delay in Work, all samples
required by the Contract Documents. All samples will
have been checked by and accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACTOR'. responsibilities under the Contract
~~ with respect to the review of the submission
and will be identified clearly as to material, Suppler,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each Shop
Drawing or sample CONTRACTOR shall
have determined and verified all quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar data with respect thereto
and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings
and samples and with the requirements of the
Work and the Contract Documents.
I
I
I
I
I
I
I
I
I
I
I
6.25.2. At the time of each submission,
CONTRACTOR shall give ENGINEER
specific written notice of each variation that .
the Shop Drawings or samples may have from
the requirements of the Contract Documents,
and, in addition, shall cause a specific notation
to be made on each Shop Drawing submitted
to Engineer for review and approval of each
such variation.
6.26. ENGINEER will review and approve with
reasonable {nUUlJA:uess Shop drawings and samples, but
Engineer's review and approval will be only for
conformance with the design concept of the Project and
for compliance with the information given in the
Contract Documents and shall not extend to
means,methods, teclmiques, sequences or procedures of
constroction (except where a specific means, method,
technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or
to safety precautions or programs incident thereto. The
review and approval of a separate item as such will not
indicate approval of the assembly in which the item
functions. CONTRACTOR shall make corrections
required by ENGINEER, and shall return the required
number of corrected copies of Shop Drawings and
submit as required new samples for review and
approval. CONTRACTOR shall direct specific
attention in writing to revisions other than the
corrections called for by ENGINEER on previous
submittals.
6.27. ENGINEER's review and approval of Shop
drawings or samplet shall not relieve CONTRACTOR
from responsibility for any variation from the
requirements of the Contract documeota unless
CONTRACTOR baa in writing called ENGINEER's
JUtertioo to eIIcl1 such variabon at the time of submiaaion
as required by paragraph 6.25.2 and ENGINEER has
given written approval of each such variation by a
specific written notation thereof incorporated in or
accompanying the Shop drawing or sample approval;
nor will any approval by ENGINEER relieve
CONTRACTOR from responsibility for errors or
omissions in the Shop Drawings or from responsibility
for having complied with the provisions of paragraph
6.25.1
6.28. Where a Shop Drawing or sample is required by
the Specifications and related Work performed prior to
ENGINEER's review and approval of the pertinent
submission will be the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be
delayed or postponed peoding resolution of any disputes
or disagreements, ex<:ep as permitted by paragraph IS.S
or as CONTRACTOR and OWNER may otherwise
agree in writing.
lndemnlftca/lon:
6.30. To the fullest extent permitted by Laws and
Regulations CONTRACTOR shall indemnify and hold
harmlesa OWNER and ENGINEER and their
C(lQ.~.ltJlnbl, agents and euiployees from and against all
claims, damaget, losse8 and expenses, direct, indirect or
consequeotial (including but not limited to fees and
charget of engineers, architects, attorneys and other
profeuinnA~ and court and arbitration costs) arising out
of or resulting from the performance of the Work,
provided that any such claim,damage, Iou or expense
(as) is attnbutable to bodily injury, sickness, disease or
death, or to iqjury to or destmction of tangible property
(other than the Work itself including the lOll of use
resulting therefrom and (b) is caused in whole or in part
16
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
by any negligent act or omission of CONTRACTOR,
any Subcontractor, any person or organization directly
or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acta any
of them may be liable, regardleu of whether or not it is
caused in art by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of
the negligence of any such party.
6.31. In any and all claims against OWNER or
ENGINEER or any of their consultants, agents or
employees by any employee of CONTRACTOR, any
subcontractor, any person or organization directly or
indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acta any
of them may be liable, the indemnification obligation
under paragraph 6.30 sball not be limited in any way by
any limitation on the amount or type of damages,
compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor other
person or organization under workers' or workmen's
compensation acta, disability benefit acts or other
employee benefit acts.
6.32. The obligations of CONTRACTOR under
paragraph 6.30 shall not extend to the liability of
ENGINEER, ENGINEER's consultants, agents or
employees arising out of the preparation or approval of
maps, drawings, opinions, reports, surveys, Change .
Orders, designs or specifications.
ARTICLE 7 - OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, have other
work performed by utility owners or let other direct
contracts therefor which shall contain General
Conditions similar to these. If the fact that such other
work ia to be performed was not noted in the Contract
Documents, written notice thereof will be given to
CONTRACTOR prior to starting any such other work;
and, if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to
agree as to the extent thereof, CONTRACTOR shall
make a claim therefor as provided in Articles 11 and 12.
7.2. CONTRACTOR shall afford each utility owner
and other contractor who ia a party to such a direct
contract (or OWNER, if OWNER is performing the
additinnN work with OWNER'. employees) propel' and
safe accesa to the aite and a reasonable opportunity for
the introduction and storage of materials and equipment
and the execution of such work, and shall properly
connect and coordinate the Work with theirs.
CONTRACTOR sbaII do all cuttiDg, fitting and patching
of the Work that may be required to make ita several
parts come together properly and integrate with such
other work. CONTRACTOR shall not endanler any
work of others by cutting, excavating or otherwise
a1tering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The dutieI and
responsibilities of CONTRACTOR under this
paragraph are for the benefit of such uti1ity owners and
other codrac:torI to the exteut that there are comparable
provisioDl for the benefit of CONTRACTOR in said
direct contracts between OWNER and such uti1ity
owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends
for proper execution or results upon the work of any
such other contractor or utility owner (or OWNER),
CONTRACTOR shall inspect and promptly report to
ENGINEER in writing it unavailable or unsuitable for
such property execution and results.
CONTRACTOR's failure 80 to report will constitute an
acceptance of the other work as fit and proper for
integration with CONTRACTOR'. Work except for
latent or nonapparent defecta and deficiencies in the
other work.
Coordlnotion:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site,the
person or organization who will have authority and
responsibility for coordination of the activities among
the various prime contractors will be identified in the
Supplemental)' Conditions, and the specific matters to
be covered by such authority and responsibility will be
itemized, and the extent of such authority and
responsibilities will be provided, in the SuppWnAntAry
ConditioDl. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor
ENGINEER sbaII have any authority or responsibility in
respect of such coordination.
ARTICLE 8 - OWNER IS RESPONSIBILITIES
8.1. OWNER shall issue all COmmunicatiODl to
CONTRACTOR through ENGINEER.
17
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
8.2. In case of termination of the employment of
ENGlNEER, OWNER sball appoint an engineer against
whom CONTRACTOR makes no reasonable objection,
whose status uodec the Cootract Documents shaII be that
of the former ENGINEER. Any dispute in connection
with such appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
sball make payme0t8 to CONTRACTOR promptly after
they are due as provided in paragraphs 14.4. and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 4.2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface
conditions at the site and in existing structures which
have been utilized by ENGINEER in preparing the
drawings and Specifications.
8.5. OWNER's responsibilities in respect of
purchasing and lIUIintAining liability and property
insurance are set forth in paragraphs 5.5. through 5.8.
8.6. OWNER is obligated to execute Change Orders
as indicated in paragraph 10.4
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph
13.4.
8.8. Inconoection with OWNER's right to stop Work
or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain
circumstances.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's RepresentoJive:
9.1. ENGINEER will be OWNER's representative
during the constnJction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shaII not be extended without written consent of
OWNER and ENGINEER.
VISITS to SITE:
9.2. ENGINEER will make visits to the site at
intervals appropriate to the various stages of
construction to observe the progress and quality of the
executed Work and to determine, in geaeral, if the
Work is proceeding in accordance with the Cootract
DncnmAnt_. ENGINEER will DOt be required to make
exhaustive or iYW1tin~.. 0IHite inspections to check the
quality or quantity of the Work. ENGINBER's efforts
will be directed toWlU'd providing for OWNER . greater
degree of confidence that the comp1eted Work will
conform to the Contract Documeota. On the basis of
such visits and on-site observations as an experienced
8Dd qualified design professional, ENGINBER will keep
OWNER informed of the progress of the Work and will
endeavor to guard OWNER against defects and
deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGlNEER in observing the performance of the Work.
The duties, responsibilities and limitations of authority
of any such Resident Project Representative and
assistants will be as provided in the Supplementary
CooditioDS. If OWNER designates anothec agent to
represent OWNER at the site who is not ENGINEER's
agent or employee, the duties, responsibilities and
limitatioDS of authority of such other person will be as
provided in the Supplementary Conditions.
Clariftcatlons and Interpretations:
9.4. ENGINEER will issue with reasonable
pto~ such written clarifications or interpretatiODS
of the requirements of the Contract Documents (in the
form of Drawings or otherwise) as ENGINEER may
determine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that
a written clarification or interpretation justifies an
increase in the Contract Price or an exteosion of the
Cootract Tuno and the parties are unable to agree to the
llIDOUIlt or extent thereof, CONTRACTOR may make .
claim therefor as provided in Article 11 or Article 12.
Authorlz.ed Varllltlons In Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
18
I
I
Contract Price or the Contract Time and are consistent
with the overall intent of the Contract Documents.
These may be accomplished by a Field Order and will
be binding on OWNER, and also on CONTRACTOR
who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an
increase in the Contract Price or an extension of the
Coa:Il:nK:t Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may
make a claim therefor.. provided in Article 11 or 12.
I
I
I
I
I
I
I
I
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
and will also have authority to require special inspection
or testing of the Work.. provided in paragraph 13.9,
whether or not the Work is fabricated, installed or
completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER'. responsibility
for Shop Drawings and samples, see paragraphs 6.23
through 6.28 inclusive.
9.8. In conoection with ENGINEER'. responsibilities _
as to Change Orders, see Articles 10, 11 and 12.
I
9.9. In conoection with ENGINEER's responsibilities
in respect of Applications for Payment, etc., see Article
14.
I
I
I
Delermlnotions for Unit Prices:
9.10. ENGINEER will determine the actual
quantities and classifications of Unit Price Work
performed by CONTRACTOR. ENGINEER will
review with CONTRACTOR ENGINEER's preliminary
determinations on such matters before rendering a
written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's
written decisions thereon will be final and binding upon
OWNER or CONTRACTOR delivers to the other party
to the Agreement and to ENGINEER written notice of
intention to appeal from such a decision.
I
I
I
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of
I
I
the acceptability of the Work thereunder. Claims,
dispJtes and other matten relating to the acceptability of
the Work or the interpretation of the requiremeots of the
Coa:Il:nK:t Documents pertaining to the perfOI'lD8llCO and
furnishing of tho Work and claims UDder Articles 11 and
12 in respect of changes in the Contract Price or
Contract Time will be referred initially to ENGINEER
in writing with a request for a formal decision in
acc:otdance with this Jl8I'll&f8Ph, which ENGINEER will
render in writing within a reasonable time. Written
notice of each such, dispute and other matter will be
delivered by the claimant to ENGINEER and the other
party to the Agreement promptly (but in no event later
than thirty days) after the occurrence of the events
giving rise thereto, and written supporting data will be
submitted to ENGINEER and the other party within
sixty day. after such occurrence unleaa ENGINEER
allows an additional period of time to ascertain more
accurate data in support of the claim.
9.12. When fiurtinning as interpreter and judge UDder
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The
rendering of a decision by ENGINEER pursuant to
paragraphs 9.10 and 9.11 with respect to any such
claim, dispute or other matter (except any which have
been waived by the making or acceptance of final
payment .. provided in paragraph 14.16) will be a
condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either
may otherwise have UDder the Contract Documents or
by Law. or Regulations in respect of any such claim,
dispute or other matter.
UmJJatlons on Engineer's Responslbl/Jtks:
9.13. Neither ENGINEER'. authority to act under
this Article 9 or elsewhere in the Contract Documents
nor any decision made by ENGINEER in good faith
either to exercise or not exercise such authority shall
give rise to any duty or resPonsibility of ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization performing any of the
Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms
- as ordered- , -as directed - , - as required-, -as
allowed-, -as approved- , or terms of the 1ilce effect or
import are used, or the adjectives -reasonable-,
-suitable-, -acceptable-, -proper- or -satisfactory- or
adjectives of like effect or import are used to descnbe a
19
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
requirement, direction, review or judgement of
ENGINEER as to tho Work, it is intended that such
requirement, direction, review or judgement will be
solely to evaluate the Work for complianco with the
Coutract Dn<-o~ (unless there is a specific statement
indicating otherwise). The use of any such term or
adjective shall not be effective to assign to ENGINEER
any duty or authority to supervise or direct the
furnishing or performance or the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of constlUCtion, or the safety
precautioDl and programs incident thereto, and
ENGINEER will not be responsible for
CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the Work.
ARTICLE 10 - CHANGES IN THE WORK
10.1. Without invalidating the Agreement and .
withoot notice to any surety, OWNER may, at any time
or from time to time, order additions, deletions or
revisions in tho Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Directive change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. H OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an increase or decrease
in the Contract Price or an extension or shortening of
the Contract Time that should be allowed as a result of
a Work Directive Change, a claim may be made
therefor as provided in Article 11 or Article 12.
10.3. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Tuno with respect to any Work performed that
is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraphs
3.4 and 3.5, except in the case of an emergency as
provided in paragraph 6.22 and except in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders (or Written Amendments)
covering:
10.4.1. changes in the Work which are
ordered by OWNER pursuant to parapaph
10.1, are required becamM~ of ~.- of
defectiw! Work under paragraph 13.13 or
correcting defectiw! Work under paragraph
13.14, or as agreed to by the parties.
10.4.2. changea in the Contract Price or
Contract Time which are agreed to by tho
parties; and
10.4.3. changea in the Contract Price or
Coutract Tune which embody tho substance of
any written decision rendered by ENGINEER
pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with tho provisioDl of tho Contract
Documents and applicable Laws and Regulations, but
during imy such appeal, CONTRACTOR shall carry on
the Work and adhere to tho progress schedule as
provided in paragraph 6.29.
10.5. H notice of any change affecting tho general
scope of tho Work or tho provisioDl of tho Contract
Documents (IDCJuding, but not limited to, Contract Price
or Contract Time) is required by the provisioDl of any
Bond to be given to a surety, tho giving of any such
notice will be CONTRACTOR's respoDlibility,and tho
amount of each applicable BoJJd will be adjusted
accordingly.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1. The Contract Price coostiQ1te- tho total
compensation (subject to authorized adjustmeots)
payable to CONTRACTOR for performing the Work.
All duties, respoosjbilitiea and obligatioDl assigned to or
undertaken by CONTRACTOR shall be at his expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order 01' by a Written Amendment. Any claim
for an increase or decrease in the Contract Price shall
20
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
be based OIl written ootico delivered by the party making
the claim to the other party and to ENGINEER promptly
(but in no event later than thirty days) after the
occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and
shall be accompanied by claimant's written statement
that the amount claimed covers all known amounts
(direct, indirect and con&eqIlflII'1tiA1) to which the claimant
is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price sball be
determined by ENGINEER in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot
otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. Tho value of any Work covered by a Change
Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the
following ways:
11.3.1. Where the Work involved is covered
by unit pricea contained in the Contract
l)nAnn.oqs,by application of unit prices to the
quantitiea of the items involved (subject to the .
provisions of paragraphs 11.9.1. through
11.9.3., inclusive).
11.3.2. By mutual acceptance of a lump sum
(which may include an allowance of overhead
and profit not necessarily in accordance with
paragraph 11.6.2.1).
11.3.3. On the basis of tho Cost of tho Work
(determined as provided in paragraph 11.4 and
11.5) plus a CONTRACTOR's Fee for
ovedJead and profit (determined as provided in
paragraphs 11.6 and 11.7).
Cost ollM Work:
11.4. Tho term Cost of the Work means the sum of all
costa DeOelIlIarily incurred and paid by CONTRACTOR
in tho proper performance of the Work. Except as
otherwise may be agreed to in writing by OWNER,
such cosU sball be in amounts no higher than those
prevailing in tho locality of the Project, shall include
only the following items and shall not include any of the
costs itemized in paragraph II.S:
11.4.1. Payroll costs for employees in the
direct employ of CONTRACTOR in the
performance of the Work under schedules of
job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for
employees not employed full time on the Work
shaI1 be apportioned on the basis of their time
speIIt OIl the Work. Payroll costs sball include,
but not be limited to, salaries and wages plus
the cost of fringe benefits which shall include
social security contnbutions, unemployment,
excise and payroll taxes, worke.... or
workmen's compensation, health and
retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto.
Such employees shall include superintendents
and foremen at the site. The expenses of
performing Work after regular working hours,
OIl Salwday, Sunday or legal holidays, aba1l be
included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment
furnished and incorporated in the Work,
including costs of transportation and storage
thereof, and Supplie...' field services required
in connection therewith. All cash discounts
shall accroo to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR
with which to make payments, in which case
the cash discounts sballaccroo to OWNER.
All tnlde discouots,rebates and refunds and all
returns from sale of surplus materials and
equipment shall acClUO to OWNER, and
CONTRACTOR sha11 make provisions 80 that
they may be obtained.
11.4.3. Paymenta made by CONTRACTOR
to the Subcontractors for Work performed by
Subcontracto.... If required by OWNER,
CONTRACTOR sball obtain competitive bids
from Subcontracto... acceptable to
CONTRACTOR 8nd sha11 deliver such bids to
OWNER who will then determine, with tho
advice of ENGINEER, which bids will be
accepted. If a subcontract providea that tho
Subcootractor is to be paid 00 the basis of Cost
of the Work Plus a Fee, the Subcontractor's
Cost of tho Work sball be determined in the
same manner as CONTRACTOR's Cost of the
Work. All subcontracts sball be subject to the
other provisions of tho Contract Documents
insofar as applicable.
21
I
I
I
than the limits of liability lUld coverages provided in the
Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general
liability insurance shall include completed operations
insurance. All of the policies of insurance so required
to be purchased lUld maintained (or the certificates or
other evidence thereot) shall contain a provision or
endorsement that the coverage afforded will not be
cancelled, materially changed or renewal refused until
at least thirty days prior written notice has been given to
OWNER lUld ENGINEER by certified mail. All such
insurance shall remain in effect until final payment lUld
at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in
accordance with paragraph 13.12. In addition,
CONTRACTOR shall tJUlin~in such completed
operations insurance for at least two years after final
payment lUld furnish OWNER with evidence of
contimation of such insurance at final payment lUld one
year thereafter.
Contractual Uablllty Insurance
I
I
I
I
I
I
5.4. The comprehensive general liability insurance
required by paragraph 5.3. will include contractual
liability insurance applicable to CONTRACTOR's
obligations under paragraphs 6.30 lUld 6.31.
I
I
Owner's Uablllty Insurance
5.5. OWNER shall be responsible for purchasing lUld
maintaining OWNER's own liability insurance lUld, at
OWNER's option, may purchase lUld maintain such
insurance as will protect OWNER against claims which
may arise from operations under the Contract
Documents.
I
I
I
I
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase lUld maitttain
property insurance upon the Work at the site to the full
insurable value thereof (subject to such deductible
amounts as may be provided in the Supplementary
Conlitions or required by Laws lUld Regulations). This
insurance shall include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER lUld
ENGINEER's consultants in the Work, all of whom
shall be listed as insured or additional insured parties,
shall insure against the perils of fire lUld extended
coverage lUld shall include -all risk- insurance for
physical loss and damage including theft, vandalism and
malicious mischief, collapse lUld water damage, lUld
such other perils as may be provided in the
I
I
I
I
Supplementary Conditions, lUld shall include damages,
losses and expenselI arising out of or resulting from any
insured loss or incurred in the repair or replacement of
any insured property (including but not limited to foea
and charges of ~, architects, attorney. and other
professionals). If not covered under the -all risk-
insurance or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and
maintain similar property insurance or portions of the
Work stored on lUld off the site or in transit when such
portions of the Work are to be included in an
Application for Payment.
5.7. OWNER shall puchase lUld maintain such boiler
lUld machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws lUld Regulations which will include
the interests of the OWNER, CONTRACTOR,
Subcontractors, ENGINEER lUld ENGINEER's
consultants in the Work, all of whom shall be listed as
insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or
other evidence thereot) required to be purchased lUld
tnllit,taitted by OWNER in accordance with paragraphs
5.6 and 5.7 will contain a provision or endorsement that
the coverage afforded will not be cancelled or materially
changed or renewal refused until at least thirty days'
prior written notice has been given to CONTRACTOR
by certified maillUld will contain waiver provisions in
accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others
in the Work to the exted of any deductible amounts that
are provided in the Supplementary Conditions. The risk
of loss within tho deductible amount, will be borne by
CONTRACTOR, Subcontractor or others suffering any
such loss lUld if any of them wishes property insurance
coverage within the limits of such amounts, each may
purchase lUld maintain it at the purchaser's own
expense.
S.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policy, OWNER shall, if possible, include such
insurance, lUld the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the
Work at the site, OWNER shall in writing advise
CONTRACTOR whether or not such other insurance
has been procured by OWNER.
9
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Waiver of Rights
5.11.1. OWNER and CONTRACTOR waive
all rights against each other for all losses and
damages caused by any of the perils covered
by the policies of insurance provided in
response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the
Work, and also waive all such rights against
the Subcontractors, ENGINEER,
ENGINEER's consultants and all other parties
named as insureds in such policies for losses
and damages so caused. As required by
paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the
Subcontractor in favor of OWNER,
CONTRACTOR, ENGINEER, ENGINEER's
consultants and all other parties named as
insureds. None of the above waivers shall
extend to the rights that any of the insured
parties may have to be proceeds of insurance
held by OWNER as trustee or otherwise
payable.
5.11.2. OWNER and CONTRACTOR intend
that any policies provided in response to
paragraphs 5.6 and 5.7 shall protect all of the
parties insured and provide primary coverage .
for all losses and damages caused by the perils
covered thereby. Accordingly, all such
policies shall contain provisions to the effect
that in the event of payment of any loss of
damage the insurer will have no rights of
recovery against any of the parties named as
insured or additional insureds, and if the
insurers require separate waiver forms to be
signed by ENGINEER or ENGINEER's
consultant OWNER will obtain the same, and
if such waiver forms are required of any
Subcontractor, CONTRACTOR will obtain the
same.
Receipt and Applkotlon of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for
the insureds, as their interests may appear, subject to
the requirements of any applicable mortgage clause and
of paragraph 5.13. OWNER shall deposit in a separate
accoont any money 80 received, and shall distnbute it in
accordance with such agreement as the parties in
interest may reach. If no other special agreement is
reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account
thereof and the Work and the cost thereof covered by an
appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen
days after the occurrence of the loss to OWNER's
exercise of this power. If such objection be made,
OWNER as trustee shall make settlement with the
insurers in accordance with such agreement as the
parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shall, upon the
0CCWTeIICe of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. If OWNER bas any objection to the coverage
afforded by or other provisions of the insurance
required to be purchased and maintained by
CONTRACTOR in accordance with paragraphs 5.3.
and 5.4 on the basis of its not complying with the
Contract Documents, OWNER shall notify
CONTRACTOR in writing thereof within ten days of
the date of delivery of such certificates to OWNER in
accordance with paragraph 2.7. If CONTRACTOR bas
any objection to the coverage afforded by or other
provisions of the policies of insurance required to be
purchased and maintained by OWNER in accordance
with paragraphs 5.6 and 5.7 on the basis of their not
complying with the Contract Documents,
CONTRACTOR shall notify OWNER in writing thereof
within ten of the date of delivery of such certificates to
CONTRACTOR in accordance with paragraph 2.7.
OWNER and CONTRACTOR sball each provide to the
other such additional information in respect of insurance
provided by each as the other may reasonably request.
Failure by OWNER or CONTRACTOR to give any
such notice of objection within the time provided shall
constitute accepance of such insurance purchased by the
other as complying with the Contract Documents.
port/ai Utlllzotlon - Property Insurance:
5.15. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use occupancy shall commence
before the insurers providing the property insurance
10
I
I
I
I
I
I
I
I
I
I
have acknowledged notice thereof and in writing
effected the changes in coverage necessitated thereby.
The insurers providing the property insurance shall
consent by endorsement on the policy or policies, but
the property imurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6
RESPONSIBILITIES
CONTRACTOR'S
Supervision and SuperlnJendence:
6.1. CONTRACTOR shall supervise and direct the
Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise
as may be oecessaJ)' to perform the Work in accordance
with the Comract DnrnnY'Jl'ltll. CONTRACTOR shall be
solely responsible for the means, methods, techniques,
sequences and procedures of construction, but
CONTRACTOR shall not be responsible for the
negligence of others in the design or selection of a
specific means, method, technique, sequence or
procedure of construction which is indicated in and
required by the Contract Documents. CONTRACTOR
shall be responsible to see that the finished Work
complies accurately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all .
times during its progress a competent resident
superinteOOeIt, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will
be CONTRACTOR's representative at the site and shall
have authority to act on behalf of CONTRACTOR. All
communications given to the superintendent shall be as
binding as if given to CONTRACTOR.
I
I
I
I
I
I
I
I
I
Wor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey and layout the
Work and perform construction as required by the
Comract Doclqneds. CONTRACTOR shall at all times
rnail'ltain good discipline and order at the site. Except
in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed
during regular working hours, and CONTRACTOR will
not permit overtime work or the performance of Work
on Saturday, Sunday or any legal holiday without
OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materiala, equipment,
labor, transportation, coostroction equipment and
machinery, toola, appliancea, fuel, power, light, beat,
telephone, water', sanitary facilitiea, temporuy facilitiea
and all other facilitiea and incidenta1a necessuy for the
furnishing, perfol1D8DC8, testing, Itart-up and
completion of the Work.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance
with the instnJctions of the applicable Supplier except as
otherwise provided in the Contract Documents; but DO
provision of any such instructioD8 will be effective to
assign to ENGINEER, or any of ENGINEER's
consultants, agents or employees, any duty or authority
to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake
responsibility contrary to the provisioD8 of paragraph
9.15 or 9.16.
A4}ustlng Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9)
adjusbnents in the progress schedule to reflect the
impact thereon of new developments; these will conform
generally to the proeress schedule then in effect and
additionally will comply with any provisioD8 of the
General Requirements applicable thereto.
SubstiJutes or "Or-Equal" Itew:
6.7.1. Whenever materials or equipment are
specified or descn'bed in the Contract
Doclqneds by using the name of a proprietary
item or the name of a particular Supplier the
naming of the item is intended to establish the
type, function and quality required. Unless the
name is followed by words indicating that DO
substitution is permitted, materials or
equipmed of other Suppliers may be accepted
by ENGINEER if sufficient information is
submitted by CONTRACTOR to allow
11
I
I
I
11.4.4. Costs of special consultants
(including but not limited to engineers,
architects ,testing laboratories, surveyors,
attorneys and accountants) employed for
services specifically related to the Work.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
11.4.5. Supplemental costs including the
following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses
of CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation
and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools
not owned by the workers, which are
COIlSUDllld in the pertormance of the Work, and
cost less market value of such items used but
not consumed which remain the property of
CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinezy and the parts thereof
whether rented from CONTRACTOR or
others in accordance with the rental
agreements approved by OWNER with the .
advice of ENGINEER, and the costs of
transportation, loading, unloading, installation,
dismantling and removal thereof-all in
accordance with terms of said rental
agreements. The rental of any such
equipment, machinery or parts shall cease
when the use thereof is no longer necessary for
the Work.
11.4.5.4. Sales, consumer, use or similar
taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws
and Regulations.
11.4.5.5. Deposits lost for causes other
than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts
any of them may be liable, and royalty
payments and fees for permit and licenses.
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work
(except losses and damages within the
deducbble amounts of property insurance
established by OWNER in accordance with
paragraph 5.9), provided they have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any
of them or for whose acts any of them may be
liable. Such losses shall include settlements
made with the written consent and approval of
OWNER. No such losses, damag. and
expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's Fee. H, however, any such
loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilities, fuel and
sanitary facilities at the site.
11.4.5.8. Minor expenses such as
telegrams, long distance telephone calls,
telephone service at the site, expressage and
similar petty cash items in connection with the
Work.
11.4.5.9. Cost of premiums for additional
Bonds and insurance required because of
changes in the Work and premiums for
property insurance coverage within the limits
of the deducbble amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any
of the following:
11.5.1. Payroll costs and other compensation
of CONTRACTOR's officers, executives,
principals (of partnership and sole
proprletorships),general managers, engineers,
architects, estimators, attorneys, auditors,
accountants, purchasing and contracting
agents, expeditors, timekeepers, clerks and
other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's
principal or a branch office for general
admini~OD of the Work and not specifically
included in the agreed upon schedule of job
22
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
classifications referred to in
paragraph 11.4.1 or specifically
covered by paragraph 11.4.4-all of
which are to be considered
administrative costs covered by the
CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's
principal and branch offices other than
CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's
capital expenses, including interest on
CONTRACTOR's capital employed for the
Wade and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and
for all insurance whether or not
CONTRACTOR is required by the Contract
Documents to purchase and maintAin the same
(except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any
of them or whose acts any of them may be
liable, including but not limited to, the .
correction of defective Wade, . disposal of
materials or equipment wrongly supplied and
making good any damage to property.
11.5.6. Other overhead or general expense
costs of any kind and the costs of any item not
specifically and expressly included in
paragraph 11.4.
CONTRACl'OR's Fee:
11.6. The CONTRACTOR's Fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or if
none can be agreed upon.
11.6.2. a fee based on the following
percedages of tho various portions of the Cost
of the Wade:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2 the
CONTRACTOR's Fee sbal1 be fifteen percent;
11.6.2.2. for costa iocurred under
paragraph 11.4.3, the CONTRACTOR's Fee
sbal1 be five percent; and if a subcontract is on
the basis of Cost of the Wade Plus a Fee, the
maximum allowable to CONTRACTOR on
account of overhead and profit of all
Subcontractors shall be fifteen percent;
11.6.2.3. no fee shall be payable on the
basis of costs itemized under paragraphs
11.4.4, 11.4.5 and 11.5;
11.6.2.4. the amount of credit to be
allowed by CONTRACTOR to OWNER for
any such change which results in a net
decrease in cost will be the amount of the
actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to
ten percent of the net decrease; and
11.6.2.5.when other additions and credits
are involved in any one change, the adjustment
in CONTRACTOR's Fee shall be computed
on the basis of the net change in accordance
with paragraphs 11.6.2.1 through 11.6.2.4,
inclusive.
11.7. Whenever the cost of any Wade is to be
determined pursuant to paragraph 11.4 or 11.5,
CONTRACTOR will submit in form lICCeptable to
ENGINEER an itemized cost breakdown together with
supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has
included in the Contract Price all allowances so named
in the Cootract Documeot8 and shall cause the Wode so
covered to be done by such Subcontractors or Suppliers
and for such sums within the limit of the allowances as
may be acceptable to ENGINEER. CONTRACTOR
agrees that:
11.8.1. The allowances include the coat to
CONTRACTOR (les. any applicable trade
discoonts) of materials and equipment required
by the allowances to be delivered at the site,
and all applicable taxes; and
11.8.2.
CONTRACTOR's costs for
23
I
I
I
I
I
I
I
I
I
I
I
unloading and baIJdling on tho site,
labor, installation costs, overhead,
profit and other expense
contemplated for the allowances have
been included in the Contract Price
and not in tho allowances. No
demand for additional payment on
account of any thereof will be valid.
Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to
reflect actual amounts due CONTRACTOR on account
ofWode covered by allowances, and the Contract Price
shall be correspondingly adjusted.
Unit PrIce Work:
11.9.1. Where tho Contract Documents
provide that all or part of the Work is to be
Unit Price Work initially the Contract Price
will be deemed to include for all Unit Price
Work an amount equal to the sum of the
established unit prices for each separately
identified item of Unit Price Work times the
e.<:timAtM quantity of each item as indicated in
tho Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed
and are solely for the purpose of comparison
of Bids and determining an initial Contract _
Price. Determinations of the actual quantities
and classification of Unit Price Work
performed by CONTRACTOR will be made
by ENGINEER in accordance with Paragraph
9.10.
I
I
I
I
I
I
I
I
11. 9.2. Each unit price will be deemed to
include an amount considered by
CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3. Where tho quantity of any item of
Unit Price Work performed by
CONTRACTOR differs materially and
significantly from the estimated quantity of
such item indicated in the Agreement and there
is no corresponding adjustment with respect to
any other item of Work and if
CONTRACTOR believes that
CONTRACTOR has incurred additional
expense as a result thereof, CONTRACTOR
may make a claim for an increase in the
Contract Price in accordance with Article 11 if
the parties are unable to agree as to the amount
of any such increase.
ARTICLE 12 - CHANGE OF CONTRACT TIME
12.1. Tho Contract Time may only be changed by a
Change Order or a Written Amendment. Any claim for
an extension or shortening of tho Contract Time shall be
based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly
(but in DO event later than thirty days) after the
occurrence of the event giving rise to the claim and
stating tho general nature of the claim. Notice of the
extent of tho claim with supporting data shall be
delivered within sixty days after such occurreoce (unless
ENGINEER allows an additional period of time to
ascertain more acaJl'8te data in support of the claim) and
shall be ~ed by the claimant's written statement
that the adjustment claimed is the entire adjustment to
which the claimant has reason to believe it it entitled as
a result of tho occurrence of said event. All claims for
adjustmem in tho Contract Time shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in tho Contract Time will be
valid if not submitted in accordance with the
requirements of this paragraph 12.1.
12.2. Tho Contract Time will be extended in an
amount equal to time lost due to delays beyond tho
control of CONTRACTOR if a claim is made therefor
as provided in paragraph 12.1. Such delays shall
include, but not be limited to, acts or neglect by
OWNER or others performing additional wode as
contemplated by Article 7, or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or
acts of God.
12.3. All time limits stated in the Contract Documents
are of the esseoce of the Agreement. Tho provisions of
this Article 12 shall not exclude recovery for damages
(including but not limited to fees and charges of
engineers, architects, attorneys and other professionals
and court and arbitration costs) for delay by either
party .
ARTICLE 13 - WARRANTY AND GUARANTEE:
24
I
I
I
TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE
WORK
I
Worran/J and Guarantee:
I
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in
accordaoce with the Contract Docwnents and will not be
defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not
in place, may be rejected, corrected or accepted as
provided in this Article 13.
I
I
I
I
Access to Work:
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and
governmental agencies with jurisdictional interests will
have access to the Work at reasonable times of their
observation, inspecting and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
Tests and Inspections:
I
I
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required .
inspections, tests or approvals.
13.4. H Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof) to
specifically be inspected, tested or approved,
CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACTOR shall
also be responsible for and shall pay all costs in
connection with any inspection or testing required in
connection with OWNER's or ENGINEER's acceptance
of a Supplier of materials or equipment proposed to be
incorporated in the Work, or of materials or equipment
submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work. The
cost of all inspections, tests and approvals in addition to
the above which are required by the Contract
Documents shaU be paid by OWNER (unless otherwise
specified).
I
I
I
I
I
I
I
I
13.5. All inspections, tests or approvals other than
those required by Laws or ReguIations of any public
body having jurisdiction shall be performed by
organizations acceptable to OWNER and
CONTRACTOR (or by ENGINEER if so specified).
13.6. If any Work (including the work of others) that
is to be inspected, tested or approved is covered without
written coocurrenco of ENGINEER, it must, if
requested by ENGINEER, be uncovered for
observation. Such uncovering shall be at
CONTRACTOR's expense unIesa CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's
intention to cover the same and ENGINEER has DOt
acted with reasonable promptness in response to such
notice.
13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by otheR shall relieve
CONTRACTOR from CONTRACTOR's obligations to
perform the Work in accordance with the Contract
Documents.
Uncovering Work:
13.8. H any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's
observation and replaced at CONTRACTOR's expense
13.9. H ENGINEER considers it necessary or
advisable that covered Work be observed by
ENGINEER or inspected or tested by others,
CONTRACTOR, at ENGINEER's request, shall
uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing
all necessary labor, material and equipment. H it is
found that such Work is defective, CONTRACTOR
shall bear all direct, indirect and consequential costs of
such UDCOVering, exposure, observation, inspection and
testing and of satisfactory reconstroction, (including but
not Iimited to fees and charges of engineers, architects,
attorney. and other professionals), and OWNER shall
be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the
lUDOUllt thereof, may make a claim therefor as provided
in Article 11. H, however, such Work is not found to
be defective, CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the
Contract Time, or both, directly attnbutable to such
uncovering,exposure, observation, inspection, testing
and reconstJUCtion; and, if the parties are unable to
agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided
in Articles 11 and 12.
2S
I
I
I
Owner May Slop the Work:
13.10. Hthe Work is defective, or CONTRACTOR
fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform
the Work in such a way that the completed Work will
conform to the Contract Documents, OWNER may
order CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been
eliminAtA<l; however, this right of OWNER to stop the
Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR or any other party.
I
I
I
I
Con-ection or Removal of Defective Work:
13.11. H required by ENGINEER, CONTRACTOR
shall promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or completed,
or, if the Work has been rejected by ENGINEER,
remove it from the site and replace it with nondefective
Work. CONTRACTOR shall bear all direct, indirect
and consequential costs of such correction or removal
(including but not limited to fees and charges of
engineers, architects, attorneys and other professionals)
made necessary thereby.
I
I
I
I
I
I
I
I
I
One Year Con-ection Period:
13.12. H within one year after the date of Substantial
Completion or such longer period of time as may be
prescnbed by Laws or Regulations or by the terms of
any applicable special guarantee required by the
CODtract Docwnents or by any specific provision of the
Contract Documents, any Work is found to be defective,
CONTRACTOR shall promptly, without cost to
OWNER and in accordance with OWNER's written
instructions, either correct such defective Work, or, if
it has been rejected by OWNER, remove it from the site
and replace it with nondefective Work. H
CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (including but not limited to fees and
charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR. In
special circumstances where a particular item or
equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to nm from an earlier date
I
I
I
if so provided in the Specifications or by Written
Amendment.
Acceptance of Defective Work:
13.13. H, instead of requiring correction or removal
and replacement of defective Work, OWNER (and,
prior to ENGINEER's recomrnflllVlAtiOll of final
payment, also ENGINEER) prefers to accept it,
OWNER may do so. CONTRACTOR ahall bear all
direct, indirect and consequential costs attributable to
OWNER's evaluation of an determination to accept such
defective Work (such costs to be approved by
ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects,
attorneys and other professionals). H any such
acceptance occurs prior to ENGINEER's
~t'\Q of final payment, a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be eotitIed to an appropriate decrease in
the Contract Price,and, if the parties are unable to agree
as to the amount thereof,OWNER may make a claim
therefor as provided in Article 11. H the acceptance
occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Con-eet Defective Work:
13.14. H CONTRACTOR fails within a reasonable
time after written notice of ENGINEER to proceed to
correct and to correct defective Work or to remove and
replace rejected Work as required by ENGINEER in
accordance with paragraph 13.11, or if CONTRACTOR
fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER sbaIl proceed expeditiously. To
the extent oece8SN)' to complete corrective and remedial
action, OWNER may exchide CONTRACTOR from all
or part of the site, tab possession of all or part of the
Work, and suspend CONTRACTOR's services related
thereto, tab possession of CONTRACTOR's tools,
appliances, construction equipment and machinery at the
site and incorporate in the Work all materials and
equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to
site as may be necessary to enable OWNER to exercise
26
I
I
the rights and remedies under this paragraph. All
direct, indirect and consequential costs of OWNER in
exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to
reasonableness by ENGINEER, and a Change Order
will be issued incorporating the necessary revision in
the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article 11. Such direct,
indirect and consequential costs will include but not be
limited to fees and charges of engineers, architects,
attorneys and other professionals, all court and
aJbitration costs and all costs of repair and replacement
of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective
Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in
performance of the Work attnbutable to the exercise by
OWNER of OWNER's rights and remedies hereunder.
I
I
I
I
I
I
I
I
I
ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
Schedule 01 Values:
14.1. The schedule of values established as provided
in paragraph 2.9 will serve as the basis for progress
payments and will be incorporated into a fonn of
Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed
I
I
I
I
I
I
I
I
AppUcattonlor Progress PaymenJ:
14.2. At least twenty days before each progress
payment is scheduled (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received
the materials and equipment free and clear of all liens,
charges, security interests and encumbrances (which are
hereinafter in these General Conditions referred to as
-Liens -) and in evidence that the materiala and
equipment are covered by appropriate property
insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to
OWNER. The lUJlOUDt of retainage with respect to
progress payments will be as stipulated in the
Agreement.
CONTRACTOR', Warranty olTllk:
14.3. CONTRACTOR warrants and guarantees that
title to all Work, materials, and equipment covered by
an Application for Paymezt, whether incorporated in the
Project or not, will pass to OWNER DO later than the
time of payment free and clear of all Liens.
Review 01 AppUcatloru for Progress PaymenJ:
14.4. ENGINEER will, within ten days after receipt
of each Application for Payment, either indicate in
writing a recommendation of payment and present the
Application to OWNER, or return the Application to
CONTRACTOR indicating in writing ENGINEER's
reason for refusing to recnmmend payment. In the latter
case, CONTRACTOR may make tho necessary
corrections and resubmit the Application. Ten days after
presentation of the Application for Payment with
ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and when due
will be paid by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's on-site observations of the Work in
progress as an experienced and qualified design
professional and on ENGINEER's review of the
Application of Payment and the accompanying data and
schedules that the Work has progressed to the point
indicated; that, to the best of the ENGINEER's
knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning
whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications of Unit Price Work under paragraph
27
I
I
I
9.10, and to any other qualifications stated in the
recommendation); and that CONTRACTOR is entitled
to payment of the amount recommended. However, by
recommending any such payment ENGINEER will not
thereby be deemed to have represented that exhaustive
or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond
the responsibilities specifically assigned to ENGINEER
in the Contract Documents or that there may not be
other matters or issues between the parties that might
entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to
CONTRACTOR.
I
I
I
I
14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by
ENGINEER to OWNER that the conditions precedent
to CONTRACTOR's being entitled to final payment as
set forth in paragraph 14.13 have been fulfilled
I
14.7. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make such
representations to OWNER. ENGINEER may also
refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests,nullify any such payment
previously recommended, to such extent as may be
necesB8!)' in ENGINEER's opinion to protect OWNER _
from loss because:
I
I
I
I
14.7.1. the Work is defective, or completed
Work has been damaged requiring correction
or replacement.
14.7.2. the Contract Price has been reduced
by Written Amendment or Change Order,
I
I
I
I
14.7.3. OWNER has been required to correct
defective Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. of ENGINEER's actual knowledge of
the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full
amount recommended by ENGINEER because claims
have been made against OWNER on account of
CONTRACTOR's performance or furnishing of the
Work or Liens have been filed in connection with the
Work or there are other items entitling OWNER to a
set-off against the amount recommended, but OWNER
I
I
I
must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for
such action.
SubstanJIaJ Completion:
14.8. When CONTRACTOR considers tho entire
Work ready for its intended use CONTRACTOR shall
notify OWNER and ENGINEER in writing that the
entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete)
and request that ENGINEER issue a certificate of
Substantial Completion. Within a reasonable time
thereafter. OWNER, CONTRACTOR and ENGINEER
shall make an inspection of the Work to determine the
staIus of completion. If ENGINEER does DOt consider
the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving tho reasons
therefor. If ENGINEER considers tho Work
substantially compete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of SublltAntial
Completion which shall fix the date of Substantial
Completion. There shall be attached to tho certificate a
tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is oat SlJhlltAntial1y complete, ENGINEER will
within fourteen days after submission of tho tentative
certificate to OWNER notify CONTRACTOR in
writing, stating the reasons therefor. If, after
consideration of OWNER's objections, ENGINEER
considers the Work substantially complete,ENGINEER
will within fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of
Substantial Completion (with a revised tentative list of
items to be completed or corrected) reflecting such
changes from the tentative certificate as ENGINEER
believes justified after consideration of any objections
from OWNER. At the time of delivery of tho tentative
certificate of Substantial Completion ENGINEER will
deliver to OWNER and CONTRACTOR a written
recomm..rvlation as to division of responsibilities
pending final payment between OWNER and
CONTRACTOR with respect to security, operation,
safety, maintenance, heat, utilities, insurance and
warranties. Unless OWNER and CONTRACTOR
agree otherwise in writing and so inform ENGINEER
prior to ENGINEER's issuing the definitive certificate
of Substantial Completion, ENGINEER's aforesaid
recommendation will be binding on OWNER and
28
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from Wode after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
partltJl Uti1/z.otlon:
14.10. Use by OWNER of any finished part of the
Work, which baa specifically been identified in the
Contract Documents, or which OWNER, ENGINEER
and CONTRACTOR agree constitutes a separately
functioning and useable part of the Work that can be
used by OWNER without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request
CONTRACTOR in writing to permit OWNER
to use any such part of the Work which
OWNER believes to be ready for its intended
use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will
certify to OWNER and ENGINEER that said
part of the WORK is substantially complete
and request ENGINEER to issue a certificate _
of Substantial Completion for that part of the
Work. CONTRACTOR at any time may
notify OWNER and ENGINEER in writing
that CONTRACTOR considers any such part
of the Work ready for its intended use and
Sllhanti911y complete and request ENGINEER
to issue a certificate of Substantial Completion
for that part of the Wode. Within a reasonable
time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to
determine its status of completion. If
ENGINEER does not consider that part of the
Wode to be substantially complete,
ENGINEER will notify OWNER and
CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of
the Wode to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with respect to certification of
Substantial Completion of that part of the
Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. OWNER may at any time request
CONTRACTOR in writing to permit OWNER
to take over operation of any such part of the
Wode although it is not substantially complete.
A copy of such request will be sent to
ENGINEER and within a reasonable time
thereafter OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that
part of the Wode to determine its status of
completion and will prepare a list of the items
remaining to be completed or corrected
thereon before final payment. If
CONTRACTOR does not object in writing to
OWNER and ENGINEER that such part of the
Wode is not ready for separate operation by
OWNER,ENGINEER will finalize the list of
items to be completed or corrected and will
deliver such list to OWNER and
CONTRACTOR together with a written
recommendation as to the division of
responsibilities pending final payment between
OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance,
utilities, insurance, warranties and guarantees
for that part of the Wode which will become
binding upon OWNER and CONTRACTOR at
the time when OWNER takes over such
operation (unless they shall have otherwise
agreed in writing and so informed
ENGINEER). During such operation and
prior to SllhantiJll Completion of such part of
the Wode, OWNER shall allow
CONTRACTOR reasonable access to
complete or correct items on said list and to
complete other related Wode.
14.10.3. No occupancy or separate operation
of part of the Worle will be accomplished prior
to compliance with the requirements of
paragraph 5.15 in respect of property
insurance.
FllUlllnspectJon:
14.11. Upon written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is
complete, ENGINEER will make a final inspection with
OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which
this inspection reveals that the Wode is incomplete or
defective. CONTRACTOR shall immediately take such
measures as are necessary to remedy such deficiencies.
29
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Flllfll ApplJcatlonlor PaymenJ:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and
delivered all maintenance and operating instmctions,
schedules, guarantees, Bonds, certificates of inspection,
marlced-up record documents (as provided in paragraph
6.19) and other documents-all as required by Contract
Documents, and after ENGINEER has indicated that the
Work is acceptable (subject to the provisions of
paragraph 14.16), CONTRACTOR may make
application for final payment following the procedure
for progress payments. The final Application for
Payment shall be accompanied by all documentation
called for in the Contract Documents, together with
complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu thereof and
as approved by OWNER, CONTRACTOR may furnish
receipts or releases in full; an affidavit of
CONTRACTOR that the releases and receipts include
all labor , services, material and equipment for which a
Lien could be filed, and that all payrolls, material and
equipment bills, and other indebtedness connected with
the Work for which OWNER or OWNER's property
might in any way be responsible, have been paid or
otherwise satisfied; and consent of the surety, if any, to
final payment. If any Subcontractor or Supplier fails to
furnish a release or receqx in full, CONTRACTOR may .
furnish a Bond or other collateral satisfactory to
OWNER to indemnify OWNER against any Lien.
Final PaymenJ and Acceptance:
14.13. If, on the basis of ENGINEER's observation
of the work during constnJction aId final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation- all as
required by the Contract Documents, ENGINEER is
satisfied that the Work bas been completed and
CONTRACTOR's other obligations under the Contract
Documents have been fulfilled, ENGINEER will, within
ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's
~tion of payment aId present the Application
to OWNER for payment. Thereupon ENGINEER will
give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provisions of
paragraph 14.16. Otherwise, ENGINEER will return
the Application to CONTRACTOR, indicating in
writing the reasons for refusing to recommend final
payment, in which case CONTRACTOR shall make the
necessary corrections and resubmit the Application.
Thirty days after preseotation to OWNER of the
Application and accompanying documeWAtion, in
appropriate form aId substance, and with ENGINEER's
~Atinn and notice of acceptability, the amount
~ed by ENGINEER will become due and will
be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt
of CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without
terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed
and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is
less that the retainage stipulated in the Agreement, and
if Bonds have been furnished as required in paragraph
5.1, the written consent of the surety to the payment of
the balance due for that portion of the Work fully
completed and accepted shall be submitted by
CONTRACTOR to ENGINEER with the Application
for such payment. Such payment shall be made under
the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
Contractor', C011llnuing ObUgation:
14.15. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, nor
the issuance of a certificate of Substantial Completion,
nor any payment by OWNER or CONTRACTOR under
the contract Documents, nor any use or occupancy of
the Work or any part thereof by OWNER, nor any act
of acceptance by OWNER nor any failure to do so, nor
any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability
by ENGINEER pursuant to paragraph 14.13, nor any
correct of defective Work by OWNER will constitute an
acceptance of Work not in accordance with the Contract
DncllJDl!lllts or a release of CONTRACTOR's obligation
to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Walver 01 ClaJnu:
14.16. The making and acceptance of final payment
will constitute:
14.16.1. a waiver of all claims by OWNER
against CONTRACTOR, except claims arising
30
I
I
from unsettled Liens, from defective
Work appearing after final inspection
pusuant to paragraph 14.11 or from
failure to comply with the Contract
Documents or the terms of any
special guarantees specified therein;
however, it will not constitute a
waiver by OWNER of any rights in
respect of CONTRACTOR's
continuing obligations under the
Contract Documents; and
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
14.16.2. a waiver of all claims by
CONTRACTOR against OWNER other than
those previously made in writing and still
unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time without cause,
suspend the Work or any portion thereof for a period of _
not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the
date on which Work will be resumed. CONTRACTOR
shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an increase in the
Contract Price or any extension of the Contract Time,
or both, directly attnbutable to any suspension if
CONTRACTOR makes an approved claim thereof as
provided in Articles 11 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a
voluntary case under any chapter of the
Bankroptcy Code (ritle 11, United States
Code), as now or hereafter in effect, or if
CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise
under any other federal or state law in effect at
such time relating to the banlauptcy or
insolvency:
15.2.2. if a petition is filed against
CONTRACTOR under any chapter of the
Bank:ru]Xcy Code as now or hereafter in effect
at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief
against CONTRACTOR under any other
federal or state law in effect at the time
relating to banlauptcy or insolvency;
15.2.3. if CONTRACTOR makes a general
assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or
agent of CONTRACTOR is appointed under
applicable law or under contract, whose
appointment or authority to take charge of
property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or
for the purpose of general administration of
such property for the benefit of
CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing
an inability to pay its debts generally as they
become due;
15.2.6. if CONTRACTOR persistently fails
to perform the Work in accordance with the
Contract Documents (mcluding, but not limited
to, failure to supply sufficient skilled workers
or suitable materials or equipment or failure to
adhere to the progress schedule established
under paragraph 2.9.. revised from time to
time);
15.2.7. if CONTRACTOR disregards Laws
or Regulations of any public body baving
jurisdiction;
15.2.8. if CONTRACTOR disregards the
authority of ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates
in any substantial way any provisions of the
Contract Documents;
OWNER may, after giving CONTRACTOR (and
surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate
the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of
the Work and of all CONTRACTOR's tools,
appliances, constroction equipment and machinery at the
31
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
site and use the same to the full extent they could be
used by CONTRACTOR (without liability to
CONTRACTOR for tresp&s8 or conversion),incorporate
in the Work all materials and equipment stored at the
site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere, and finish the Work as
OWNER may deem expedient. In such case
CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the
uopaid balance of the Contract Price exceeds the direct,
indirect and ccmsequeotial costs of completing the Work
(including but not limited to fees and charges of
engineers, architects, attorneys and other professionals
and coort and arbitration costs) such excess will be paid
to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to
OWNER. Such costs incurred by OWNER will be
approved as to reasonableness by ENGINEER and
incorporated in a Change Order, but when exercising
any rights or remedies under this paragraph OWNER
shall not be required to obtain the lowest price for the
Work performed.
15.3. Where CONTRACTOR's services have been so
terminAted by OWNER,the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accme. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right
or remedy, elect to abandon the Work and terminate the
Agreement. In such case,expense sustained plus
reasonable termination expenses, which sequential costs
(including, but not limited to, fees and charges or
engineers, architects, attorneys and other professionals
and court and arbitration costs).
Contractor May Slop Work or TermlnoJe:
15.5. If, through no act or fault of CONTRACTOR,
the Work is suspended for a period of more than ninety
days by OWNER or under an order of court or other
p1blic authority, within thirty days after it is submitted,
or OWNER fai1s for thirty days to pay CONTRACTOR
any sum finally determined to be due, then
CONTRACTOR may under seven days' written notice
to OWNER and ENGINEER, terminate the Agreement
and recover from OWNER payment for all Work
executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of
terminating the Agreement, if ENGINEER baa failed to
act on an Application for Payment or OWNER has
failed to make any payment as aforesaid,
CONTRACTOR may upon seven days' written DOtice
to OWNER and ENGINEER stop the Work until
payment of alll\DnllJts tbeo due. The provisions of this
paragraph shall DOt relieve CONTRACTOR of the
obligations under paragraph 6.29 to carry on the Work
in accordance with tho progress schedule and without
delay during dis}1Ite8 and disagreemeota with OWNER.
ARTICLE 16 - ARBITRATION
16.1. All claims, disputes and other matte... in
question between OWNER and CONTRACTOR arising
out of, or relating to the Contract documents or the
breach thereof (except for claims which have been
waived by the making or acceptance of final payment as
provided by paragraph 14.16) will be decided in the
Superior Court of Richmond County, Georgia.
ARTICLE 17 - MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written DOtice, it will
be deemed to have been validly given if delivered in
person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to
the giver of tho notice.
CompuJatlon 01 Time:
17.2.1. When any period oftime is referred
to in the Contract Documents by days, it will
be computed to exclude the first and include
the last day of such period. If tho last day of
any such period falls on a Saturday or Sunday
or on a day made a legal holiday by the law of
the applicable jurisdiction, such day will be
omitted from the computation.
17.2.2. A calendar day of twenty-four hours
measured from midnight to the next midnight
shall constitute a day.
32
I
I
I
I
I
I
I
I
I
I
I
General:
17.3. Should OWNER or CONTRACTOR suffer
injury or damage to person or property because of any
error, omission or act of the other party or of any of the
other party's employees or agents or others for whose
acts the other party is legally liable, claim will be made
in writing to the other party within a reasonable time of
the first observance of such injury or damage. The
provisions of this paragraph 17.3 shall not be constroed
as a substitute for or a waiver of the provisions of any
applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in
particular but without limitation, the warranties,
guarantees and obligations imposed upon
CONTRACTOR by paragraphs 6.30, 13.1, 13.12,
13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are
in addition to, and are not to be constroed in any way as
a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available
by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract
Documellts, and the provisions of this paragraph will be
effective as if repeated specifically in the contract
Documents in connection with each particular duty, .
obligation, right and remedy to which they apply. All
representations, warranties and guarantees made in the
Contract Documents will survive final payment and
termination or completion of the Agreement.
I
I
I
I
I
I
I
I
33
I
I
I SGC-Ol.
I SGC-Q2.
I SGC-Q3.
SGC-Q4.
I SGC-QS.
I SGC-06.
SGC-07.
I SGC-08.
I SGC-09.
SGC-lO.
I SGC-ll.
I SGC-12.
I SGC-13.
SGC-14.
I SGC-lS.
I SGC-16.
SGC-17.
I SGC-18.
I
I
I
I
SUPPLEMENTAL GENERAL CONDITIONS INDEX
Owner's Liability and Property Insurance
Contractor's Liability Insurance
Special Hazards
Testing Laboratory
Surveys
Progress Payments
Drawings
Rights-of-Way
Estimate of Quantities
Existing Structures and Utilities
Contractor's Breakdown of Lump Sum Payment Items
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SGC-Ol.
OWNER'S LIABILITY & PROPERTY INSURANCE:
Sections 5.5,5.6,5.7,5.8,5.9, and 5.10 of the General Conditions shall be amended
as follows:
No additional liability or property insurance will be purchased by Augusta-Richmond
County Commission for this project.
Current insurance coverages will remain in effect for the life of this Contract.
SGC-02.
CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in an amount not less than $300,000 on
account of one accident, and Contractor's Property Damage Insurance in an amount not less than
$100,00.
The Contractor shall either (1) require each of his subcontractors to procure and to
maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance
of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the
activities of his subcontractors in his own policy.
SGC-03.
SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance
shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Georgia Highway System and the
Augusta-Richmond County Road System.
(b) Work within easements granted by property owners in connection with the
construction of the project.
(c) Work in close proximity to existing water lines, power lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job site.
SGC-04.
TESTING LABORATORY:
All materials testing and laboratory work in connection therewith shall be paid for by
the Contractor and approved by the Engineer.
SGC-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SGC-OS.
SURVEYS:
The Engineer will provide horizontal control points and benchmarks for vertical
control. The Contractors will provide surveying for construction stake-out.
SGC-06.
PROGRESS PAYMENTS:
Section 14.2 of the General Conditions shall be amended as follows:
The Contractor may submit monthly estimates for materials and work installed and
complete, in place. No payment will be made on the basis of material and equipment
delivered and stored on site and not incorporated in the work, complete and in place.
Monthly payments shall be made in the amount of ninety (90) percent work completed
and approved by the Engineer. Payments will be made to the Contractor by the 15th
of the month completed the previous month.
SGC-07.
DRA WINGS:
The Engineer will furnish to the Contractor all copies of drawings reasonably necessary
for the execution of the work. Location of all features of the work included in the Contract are
indicated on the Contract Drawings. The following drawings comprise the plans for this contract:
Sheet No.
1
2
3
4
5
~ ~
Cover
General Notes
Plan Sheet Sta 0+00 to Sta 12+00
Plan Sheet Sta 12+00 to End Project
Water Distribution Details
SGC-08.
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 lands and
rights-of-way may not be obtained as herein contemplated before construction begins, in which event
the contractor shall begin his work upon such land and rights-of-way as the OWNER may have
previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in
obtaining the remaining lands and rights-of-way. Should the OWNER be prevented or enjoined from
proceeding with the work or from authorizing its prosecution, either before the commencement, by
reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said
work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said
delay or to withdraw from the contract except by consent of the OWNER; but time for completion
of the work will be extended to compensate for the time lost by such delay; such determination to be
set forth in writing and approved by the OWNER.
SGC-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SGC-09.
ESTIMA TE OF QUANTITIES:
The estimated quantities of work to be done and materials to be furnished under this
contract if shown in any of the documents including the bid are given only for use in comparing bids
and to indicate approximately the total amount of the contract and the right is especially reserved
except as herein otherwise specifically limited to increase or diminish them as may be deemed
reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract
and such increase or diminution shall in no way vitiate this contract nor shall any such increase or
diminution give cause for claims or liability for damages.
SGC-IO.
EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground utilities indicated on the plans
are not guaranteed and shall be investigated and verified in the field by the contractor before starting
work. The contractor shall be held responsible for any damage to and for maintenance and protection
of existing utilities and structures.
SGC-ll.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The contractor shall, immediately after the contract has been awarded, submit to the
Augusta Utilities Department Director for his approval, a breakdown showing estimates of all costs
apportioned to the major elements of equipment, material and labor comprising the total work
included under any of the lump sum items shown in the proposal. These estimates as approved will
serve as the basis for estimating of payments due on all progress estimates.
SGC-12.
PRIOR USE BY OWNER:
Prior to completion of the work, the OWNER (by agreement with the Contractor) may
take over the operation and/or use of the incompleted project or portions thereof. Such prior use of
the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor
from any of the requirements of the Contract Documents.
SGC-13.
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 Augusta Utilities Department
Director.
SGC-3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SGC-14.
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the contractor shall provide adequate
warning and protection for pedestrian and vehicular traffic from any hazard arising out of the
contractor's operations and will be held responsible for any damage caused by negligence on his part
or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes,
sidewalks and driveways will be kept open and clear at all times except as provided below. The
contractor shall not block traffic on any street more than 30 minutes or such other time as the agency
having jurisdiction may specify, without written permission from such agency. Before leaving the
work each night, it shall be placed in such 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 lanterns, to reduce or eliminate hazards,
construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to
the contractor.
SGC-lS.
MAINTENANCE OF ACCE.~S:
The Contractor will be required to maintain access to business establishments during
all times they are open for business, to churches, schools and other institutions during the time they
are open and to all residential and other occupied buildings or facilities at all times. Bridges across
open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges
with handrail protection will be required for crosswalks at street intersections. It is recognized that
it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The
Contractor shall, however, plan and pursue this operations so as to minimize the time that direct
entrance is blocked.
SGC-16.
EROSION CONTROL AND RE.~TORA nON OF PROPERTY:
The Contractor will be required to schedule his work and perform operations in such
a manner that siltation and bank erosion will be minimized during all phases of construction. Any
areas disturbed during the course of construction shall be restored to a condition equal or better than
the original condition.
SGC-17.
BYPASSING SEWAGE:
The Contractor will be required to schedule and coordinate construction sequences and
operations and to use temporary construction and other approved methods which will minimize the
bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open
ditches or streams will not be permitted.
SGC-4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TECHNICAL SPECIFICATIONS
Section 1
CLEARING AND GRUBBING
TS1-Ol.
SCOPE:
Clearing and grubbing shall consist of the removal and disposal
of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetative
matter, post, fences, stubs, rubbish and all other objectionable matter
resting on or protruding through the original ground surface and occurring
within the construction limits of right-of-way of any excavation, borrow
area, or embankment.
TS1-02.
CONSTRUCTION METHODS:
Clearing: Clearing shall consist of the felling and cutting up,
or the trimming of trees, and the satisfactory disposal of the trees and
other vegetation together with the down timber, snags, brush and rubbish
occurring within the areas to be cleared. Trees and other vegetation,
except such individual trees, groups of trees, and vegetations as may be
indicated on the drawings to be left standing, and all stumps, roots and
brush in the areas to be cleared shall be cut off one foot above the
original ground surface. Individual trees and groups of trees designated
to be left standing within cleared areas shall be trimmed of all branches
to such heights and in such manner as may be necessary to prevent
interference with the construction operations. All limbs and branches
required to be trimmed shall be neatly cut close to the bole of the tree or
to the main branches, and the cuts thus made shall be painted with an
approved tree-wound paint. Individual trees, groups of trees, and other
vegetation, to be left standing, shall be thoroughly protected from damage
incident to construction operations by the erection of barriers or by such
other means as circumstances require. Clearing operations shall be
conducted so as to prevent damage by falling trees to trees left standing,
to existing structures and installations, and to those under construction,
and so as to provide for the safety of employees and others.
Grubbing: Grubbing shall consist of the removal and disposal of
all stumps, roots and matted roots from the site as indicated on the
drawings. In foundation areas, stumps, roots, logs or other timber, matted
roots, and other debris not suitable for foundation purposes shall be
excavated to a depth not less than 18 inches below any-subgrade, shoulder
or slope. All depressions excavated below the original ground surface for
or by the removal of stumps and roots, shall be refilled with suitable
material and compacted to make the surface conform to the surrounding
ground surface.
TS1-03.
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 combustible matter removed
shall be hauled away and deposited at locations approved by Engineer.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS1-04.
MEASUREMENT AND PAYMENT:
Clearing and grubbing will be considered as incidental to
operations and shall be paid for at the lump sum price as no separate pay
item.
TS1 Page 2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TECHNICAL SPECIFICATIONS
Section 2
EXCAVATION. TRENCHING AND BACKFILLING
TS2-01.
SCOPE:
The work covered by this section of the specifications
consists of furnishing all plant, labor, equipment, materials and
appliances and performing all operations in connection with the
excavation, trenching and backfilling for water mains, sewers and
appurtenant structures, complete in strict accordance with this
section of the specifications and the applicable drawings and subject
to the terms and conditions of the Contract.
TS2-02.
EXCAVATION:
a. General: Excavation shall be in accordance with OSHA
Safety Requirements.
b. Classification: Excavation shall comprise the
satisfactory removal and disposition of all excavated materials
regardless of classification.
The Contractor shall perform all excavation of every
description and whatever substances encountered to grade indicated.
Water mains shall have a minimum cover of 36".
c. Excavation for Walls and Footings: Excavation for walls
and footings shall extend a sufficient distance to allow for the
placing and removal of forms, installations of services and for
inspection, except where the concrete wall or footings may be
authorized to be deposited directly against excavated surfaces.
Backfi11 with earth under structures wi11 not be
permitted and any unauthorized excess excavation below the levels
indicated for the foundation of such structures shall be filled with
crushed rock as specified below under Trench Excavation.
d. Trench Excavation: The banks of trenches shall be kept
as nearly vertical as practicable, and where required, shall be
properly sheeted and braced. The width of trenches at and below the
level of the pipe shall provide a minimum of six inches and a maximum
of 12 inches clearance on each side of the bell of the pipe. The
width of the trench above this level may be made wider as necessary
for sheeting and bracing and the proper installation of the work.
The bottom of trenches shall be accurately graded to
provide uniform bearing and support for each section of the pipe on
undisturbed soil at every point along its entire length, except for
portions of the pipe sections where it is necessary to excavate for
bell holes and for the proper sealing of pipe joints. Bell holes
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
shall be dug after the trench bottom has been graded. Bell holes
shall be excavated only to an extent sufficient to permit accurate
work in the making of the joints and to insure that the pipe, for a
maximum of its length will rest upon the prepared bottom of the
trench. Depressions for joints other than mechanical shall be made in
accordance with the recommendations of the joint manufacturers for the
particular joint used.
Except at locations where excavation of rock from the
bottoms of trenches is required, care shall be taken not to excavate
below the depths indicated. Where rock excavation is required, the
rock shall be excavated to a minimum over depth of four inches and
maximum of 12 inches below the normal required trench depth. The over
depth rock excavation and all excess trench excavation shall be
backfilled with well-graded crushed stone or crushed gravel meeting
the requirements of ASTM C-33, Gradation 67 (3/4" to #4). Whenever
wet or otherwise unstable soil that is incapable of properly
supporting the pipe, as determined by the Engineer or indicated on the
drawings, is encountered in the trench bottom, such soil shall be
removed to a depth required for the lengths designated by the Augusta
utilities Department Engineer and the trench backfilled to trench
bottom grade with crushed stone or gravel as specified above.
e. Dewatering and Drainage: All excavations shall be
protected from flooding by surface waters (rain runoff, etc.).
Dewatering by pumping or well pointing from excavated
areas shall be performed by the Contractor to provide a stable
excavation and a firm pit or trench bottom. Dewatering shall incur no
extra cost to the Owner.
Water removed from the excavated areas shall be
conveyed in a proper manner to a suitable point of discharge where it
will neither cause injury to public health, damage to public or
private property, damage to the ground/road surface or inhibit the use
of the streets by the public, work completed, or work in progress.
To guard against the danger of flotation of empty or
partially empty pipe due to a high water table, all dewatering
operations shall be continued without interruption until such time as
sufficient backfill has been placed over the top of the pipe to
overcome the buoyancy effect of a completely empty pipe which is
entirely submerged.
f. Shoring and Protection of Excavations: Shoring shall be
provided by the Contractor as necessary to protect life or property.
Excavations shall not be made until shoring has been completed. All
existing structures, streets, pipes and foundations which are not to
be removed or relocated shall be adequately protected or replaced by
the Contractor without cost to the Owner. The Contractor shall
adequately protect the work under construction and the safety of his
TS2 Page 2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
workmen in excavations by the use of suitable sheeting, shoring and
bracing or by sloping the banks in accordance with the angle of repose
of the soil.
g. Excess Material: Excess excavated material not suitable
or required for backfill or filling shall be wasted as directed by the
Augusta utilities Department Engineer in an upland area.
h. stockpiles: Excavated material to be used for backfill
shall be stockpiled as directed by the Augusta utilities Department
Engineer. Excavated material shall be deposited a sufficient distance
from the side of the excavation wall to prevent excessive surcharge on
the wall.
i. Blasting: Where blasting is necessary, it shall be done
in accordance with local ordinances by skilled operation and
precautions shall be taken to avoid damage. Suitable mats shall be
provided to confine, within the limits of the excavations, all
materials lifted by blasting.
TS2-03.
BACKFILLING:
Trenches and other excavations shall not be backfilled until
all required tests are performed and the work has been approved by the
Augusta utilities Department Engineer. The trenches above the pipe
bedding zone shall be carefully backfilled with earth, loam, sandy
clay, sand and gravel, soft shale or other approved materials. No
material shall be used for backfilling that contains mulch, other
unstable materials, stones, blasted rock, broken concrete or pavement
or other hard materials having any dimension greater than two inches;
or large clods of earth, debris, frozen earth or earth with an
exceptionally high void content.
For backfilling, to a level one foot over the top of
pressure pipelines and two feet above the top of gravity pipelines,
only selected materials shall be used. Selected materials shall be
approved by the Augusta utilities Department Engineer and consist of
finely divided material free from debris, organic material and stone
and may be suitable job excavated material or shall be provided by the
Contractor from other sources. The backfill shall be placed in
uniform layers not exceeding six inches in depth. Each layer shall be
moistened and carefully and uniformly tamped with mechanical tampers
or other suitable tools. Each layer shall be placed and tamped under
the pipe haunches with care and thoroughness so as to eliminate the
possibility of voids or lateral displacement. Compaction shall be at
least 95% of the maximum laboratory dry weight per cubic foot.
The remainder of the backfill material shall then be placed
and compacted above the level specified above. In areas not subject
to traffic, the backfill shall be placed in 12-inch layers and each
layer moistened and compacted to a density approximating that of the
surrounding earth. Under roadways, driveways, paved areas, parking
TS2 Page 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
lots, along roadway shoulders and other areas subject to traffic, the
backfill shall be placed in 6-inch layers and each layer moistened and
compacted. After compaction, the dry weight per cubic foot for each
layer shall be at least 95% of the maximum Laboratory Dry Weight per
cubic foot, as determined by ASTM D 698.
Any trenches which are improperly backfilled or where
settlement occurs, shall be reopened to the depth required for proper
compaction, then refilled and compacted with the surface restored to
the required grade and compaction. Along all portions of the trenches
not located in roadways, the ground shall be graded to a reasonable
uniformity and the excess material wasted in an upland area as
approved by the Augusta utilities Department Engineer.
Sheeting not specified to be left in place shall be removed
as the backfilling progresses. Sheeting shall be removed in such a
manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where,
in the opinion of the Augusta utilities Department Engineer, damage is
liable to result from withdrawing sheeting, the sheeting will be
ordered to be left in place.
TS2-04.
PAVEMENT REPLACEMENT:
The Contractor shall replace all pavement removed,
undermined or damaged by his construction operations and as required
by the plans.
As the completion of th~ pipe installation and construction
of manholes and appurtenant structures progresses, all backfill shall
be completed in the manner prescribed in this section of these
specifications. This backfill shall be finished off to a grade level
with the surface of the adjacent pavement and shall be maintained
smooth and free from potholes depressions and ruts until the pavement
replacement, grassing, etc., hereinafter prescribed are performed.
Pavement replacement shall be started as soon as possible
after completion of backfill. The edge of existing pavement to remain
shall be neatly cut vertically and on a uniform horizontal alignment
with a rotary power saw (concrete saw). The backfill material shall
be removed to depth required and subbase compacted as hereinbefore
specified. The designated patch shall be installed-in accordance with
the following specifications.
a. Concrete Pavement: The patch shall be 8" thickness of
3,000 psi concrete. Joints shall be provided in the new pavement
matching in type and location all joints in existing adjacent
pavement. The surface of the new pavement shall also be finished to
match the surface of adjacent pavement.
b. Driveways: Same as for concrete pavement except that
the thickness shall be 6 inches.
TS2 Page 4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
c. Sidewalks: Same as concrete pavement except that the
thickness shall be 4 inches.
d. Asphalt Concrete: The patch shall consist of a 8"
thickness of 3,000 psi concrete and a surface course of 1~" thickness
of asphalt concrete for at least 12" on each side of the excavated
trench. After the concrete has attained sufficient strength, concrete
surface shall be cleaned and prepared for the bituminous surface by
application of a bituminous tack coat. A surface course consisting of
a 1~1I compacted thickness of hot plant mix bituminous material
conforming to Type "E" or "F" Modified Plant Mix Asphalt, shall then
be constructed on the prepared base.
e. Concrete Curb and Gutter: Concrete curb and gutter
which has been removed shall be replaced to match the adjacent curb in
type and dimensions. 3,000 psi concrete shall be used in construction
of curb and gutter.
f. Granite Curb: In removing and replacing granite curb,
extreme care shall be exercised to eliminate breakage or other damage
during removal, storage and replacement. The Contractor will be
required to replace all sections broken or damaged by his construction
operations with new sections of identical material and dimensions at
his own expense. In the replacement of the curb, the contractor shall
take extreme care in the placement and compaction of backfill under
and adjacent to the curb to insure adequate support throughout the
full length of each section of curb.
g. Brick Pavement: Replace brick on 6 inch concrete. New
pavement shall match existing construction.
TS2-0S.
EXISTING IMPROVEMENTS:
The Contractor shall maintain in operating condition and
protect from damage all existing improvements including utilities,
sewers, gutters and other drains encountered and repair to the
satisfaction of the Engineer any surface or subsurface improvement
damaged during the course of the work. The Contractor shall also make
reasonable and satisfactory provisions for the maintenance of highway
and street traffic.
TS2-06.
RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced
by operations or acts of any of his agents or employees. Such
restorations shall include seeding, sodding and transplanting of
lawns, hedges, ornamental plantings and the repair or replacement of
driveways, walks or other facilities.
TS2 Page 5
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS2-07.
SALVAGE MATERIALS:
All cast iron trap tops, grates and frames, manhole rings
and covers, etc., that are removed and not reused shall be salvaged
and hauled to the Augusta utilities Department, 2760 Peach Orchard
Road.
TS2-08.
MEASUREMENT:
1. Excavation and Backfill: Unclassified excavation and
backfill of excavated materials including satisfactory removal and
disposal of excess material shall not be measured for payment and all
costs shall be included in the applicable contract payment item as set
forth in the Proposal.
2. Crushed stone or Gravel: The quantity of crushed stone
or gravel authorized by the Augusta utilities Department Engineer to
refill or unsuitable material excavation shall be the actual tons of
stone installed and accepted. Crushed stone or gravel required to
backfill unauthorized over-excavation in either width or depth will
not be measured for payment.
3. Select Material: Select material authorized by the
Augusta utilities Department Engineer to replace unsuitable material
for backfilling excavations and fill shall be measured on a cubic yard
basis truck measure, complete installed and accepted.
4. Pavement Replacement: Pavement replacement - 8" thick
concrete pavement, 6" thick concrete driveway pavement, 4" thick
concrete sidewalk pavement, asphalt concrete pavement, brick pavement
will be measured on a square yard basis complete and accepted, except
where shown on plans or approved by the Augusta utilities Department
Engineer. Limit of measurement for pavement replacement over trench
excavation shall be the pipe outside diameter plus three (3) feet.
Limit of measurement around manholes and structures shall be two (2)
feet beyond the outside wall.
a. Curb and Gutter: The quantity of curb and gutter
measured shall be the actual linear feet of curb and gutter replaced,
complete and accepted. Except where shown on plans and approved by
the Augusta utilities Department Engineer, the limit of measurement
shall be the pipe outside diameter plus three (3) feet plus distance
on either side of above width centered over pipe to closest
construction or expansion joint on either side.
b. Granite CUrb: The quantity of granite curb removed
and replaced shall be the actual linear feet of granite curb and
gutter removed and replaced, complete and accepted. Limit of
measurement shall be same as for curb and gutter.
TS2 Page 6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS2-09.
PAYMENT:
No separate payment will be made for excavation and
backfilling; testing, refilling of over-excavation; dewatering and
drainage; sheeting and shoring; stockpiling; blasting; pavement
replacement and curb and gutter and granite curb replaced outside
specified limits; protection and replacement of existing improvements
damaged by Contractor's operations; restoration of property damaged by
Contractor's operations; salvage material or other items of work
except items as itemized below for payment and all such costs shall be
included in the applicable contract unit price or lump sum bid items.
Measured items shall be paid for at the contract unit or
lump sum price for the items as set forth in the proposal, which
payment shall be full compensation for the work, complete in place and
accepted.
Payment will be made under the following:
Select Material
Crushed stone or Gravel
S" thick Concrete Pavement
6" thick Concrete Driveway Pavement
4" thick Concrete Sidewalk Pavement
Asphalt Concrete Pavement
Brick Pavement
Curb and Gutter
Granite Curb
per cubic yard
per ton
per square yard
per square yard
per square yard
per square yard
per square yard
per linear foot
per linear foot
TS2 Page 7
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TECHNICAL SPECIFICATIONS
seotion 3
WATER DISTRIBUTION
TS3-01.
SCOPE:
The work covered by this section of the specifications
consists of furnishing all plant, labor, supervision, equipment,
materials and appliances and in performing all operations in
connection with installation, testing and sterilization of underground
pipe, valves, fittings and appurtenances for the water distribution
system, complete in strict accordance with this section of the
specifications and the applicable drawings and subject to the terms
and conditions of the contract. All Technical Specifications are
minimum. Specifications on the Plans govern if said Specifications
meet or exceed those minimum specifications given in the Technical
Specifications of the Contract Documents. It may be inferred that the
intent of the Contract Document is to describe a functionally complete
Project and, therefore, all appurtenances, fittings, valves, etc.
shall be commensurate with the specified pipe size and pressure class
rating, unless noted otherwise. Any deviations from the plans,
(spec., materials and drawings) approved by the Augusta utilities
Department must be reviewed and approved in writing by the Engineer
prior to beginning construction. Any installation made without
written approval shall be removed-at the Contractor's expense.
TS3-02.
NOTIFICATION:
Before commencing any water main construction, the
Contractor shall notify the Augusta utilities Department at 2760 Peach
Orchard, 796-5000. No valves shall be operated by the Contractor or
his representative without an authorized employee of the Waterworks
Operations Department beinq present.
TS3-03.
MATERIALS:
1. Pipe' Fittings: Pipe for water mains shall be ductile iron
(DI), polyvinyl chloride (PVC), or galvanized steel as per the
following specifications. Fittings for all pipe shall be cast iron or
ductile iron, mechanical joint, cement lined. Retainer glands, where
specified, shall be ductile iron. All materials shall be marked as
per AWWA Standards (with manufacturer's mark and pressure class as a
minimum).
1.1 Iron Pipe: Ductile iron pipe and ductile or cast iron
fittings shall be cement-mortar lined with rubber gasket joints and
shall be in accordance with the following specifications, except where
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
noted on plans:
Specifications
Description
AWWA C104
ANSI A21.4
Cement-mortar lining for ductile-iron pipe and
fittings for water.
Ductile-iron and Gray-iron fittings, 3 in. through
48 in. for water and other liquids.
AWWA C110
ANSI A21.10
AWWA C111
ANSI A21.11
Rubber-gasket joints for ductile-iron pressure
pipe and fittings.
Flanged ductile-iron pipe with threaded flanges.
AWWA Cl15
ANSI A21.15
AWWA C151
ANSI A21. 51
Ductile-iron pipe, centrifugally cast, for water
or other liquids.
Ductile-iron compact fittings, 3 in. through 16
for water and other liquids.
AWWA C153
in.
ANSI A21.53
Except as otherwise indicated on plans, minimum
pressure class for ductile iron pipe, fittings, and appurtenances
shall be as follows:
Pipe Size Pressure Class
(in) (p.s.i.)
3" - 12" 350
14" - 20" 250
24" 200
30" - 64" 150
1.2 Polyvinyl Chloride (PVC) Pipe (4" - 1"2"): Polyvinyl
chloride pipe shall be in accordance with AWWA Standard C900,
Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. through 12 in. for
water, Class 200, (class of pipe subject to change due to pressure
rating in the job area with change to be approved by written notice
from the Augusta utilities Department), DR-14 with cast-iron-pipe-
equivalent OD's and elastomeric-gasket bell ends of the integral wall-
thickened type.
1.3 Polyvinyl Chloride (PVC) Pipe (1 1/2" - 3"): 1 1/2"
through 3" shall be ring-tite, Class 200. Fittings shall be Schedule
TS3 Page 2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
40 solvent weld.
1.4 Galvanized steel Pipe (1 1/2" - 3"): All galvanized
steel pipe shall be American made, Schedule 40 and shall conform with
the ASTM Specifications for galvanized steel pipe for water
distribution.
2. Valves: Valves shall be iron body, bronze mounted, or
resilient seat, AWWA mechanical joint, "0" ring packing, non-rising
stem gate valves. All gate valves and tapping valves shall be QEEH
LEEr and all linings shall be in accordance with AWWA Standard C550.
2.1 Gate Valves: Gate valves (3" through 48") shall be in
accordance with AWWA Standard C500, Gate valves for water and other
liquids. Working pressure shall meet that pressure specified in the
Plans with a minimum working pressure of 200 psig for valves 14 in.
NPS in diameter or smaller, and 150 psig for valves with diameters of
16 in. NPS or larger. Valves 16 in. NPS in diameter and larger shall
be double disc gate valves and shall require a bypass in accordance
with AWWA Standard 500, Section 3.20.
2.2 Resilient-Seated Gate Valves: Resilient-Seated Gate
Valves (3" through 12") shall be in accordance with AWWA Standard
C509, Resilient-Seated Gate Valves for Water and Sewerage Systems.
Working pressure shall meet that pressure specified in the plans with
a minimum working pressure of 200 psig.
2.3 Butterfly Valves: -Butterfly valves (appropriate for 3"
through 72" valves) may be used only upon approval by the Engineer for
valves 12 in. or larger and shall be in accordance with AWWA
Specification C504, Rubber-sealed Butterfly Valves (minimum Class
l50B) .
2.4 Valve Boxes: Each valve box shall be adjustable for a
m~n~mum cover of 36" bury. Extension pieces will be required for
additional depth over valves. Covers shall have "WATER" cast on top.
Valves requiring special boxes shall be either cast-in-place or
precast concrete boxes in accordance with approved plans. All
equivalents and alternates shall be submitted to the Engineer for
approval. All boxes shall provide adequate drainage.
3. Meter Service: Water meter service lines shall be copper,
Type K, with brass fittings in accordance with AWWA Standard C800.
Threaded connections for fittings, whether inlet or outlet, internal
or external, shall be in accordance with AWWA Standard C800, section
4.2. Meter boxes shall be "Rome Type" cast iron 10" x 19" x 10" or
"Brooks" #1419 series. Top shall have cast ribs on bottom side with
four (4) legs to prevent sliding movement. Top shall have minimum
weight of 13 pounds.
TS3 Page 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4. Fire Hydrants: Fire hydrants shall be in accordance with
AWWA standard C502, Dry Barrel Fire Hydrants, as modified by the
fOllowing minimum requirements. For water mains with static and
residual pressure in excess of those pressures indicated for this fire
hydrant, fire hydrants shall meet the minimum requirements specified
on the plans.
1. AWWA Compression Type - Dry Top - Traffic Model
150 psi working pressure, 300 psi testing pressure.
2. Size of Hydrant Valve Opening - 5 1/4"
3. Number and Size Hose Nozzle - 2 ea., 2JzII NHT
4. Hose Nozzle Threading - National Standard Hose Thread
5. Number and Size Steamer - 1 ea., 4" NHT
6. Steamer Nozzle Threading - 4", 4 threads per inch (NHT)
7. Size of Shoe Connection - 6".
8. Type of Shoe Connection - Mechanical Joint.
9. Size and Shape of Operating Nut - Pentagon, 1 1/2" flat
to point.
10. Direction of Opening - Open left (Counterclockwise)
N.R.S.
11. Bury - Minimum 40".
12. Color - White
5. Tapping Sleeves: The tapping sleeves shall be mechanical
type joint suitable for the working pressure specified for the water
main, M & H, Mueller, Clow or equal.
TS3-04.
EXCAVATION. TRENCHING AND BACKFILLING:
Excavation, trenching and backfilling shall be in accordance
with section TS2-0l, Excavation, Trenching and Backfilling for Pipe
Lines of which a copy is hereto attached.
TS3-0S.
:INSTALLATION:
1. General: Installation of all pipe, valves, fittings and
appurtenances for water mains and services shall be in accordance with
the applicable provisions of the specified sections of AWWA Standard
C600, Installation of ductile-iron water mains and their
appurtenances. Minimum cover over top of pipe shall be 36" or as
indicated on plans.
2. Water Main:
2.1 New Water Main Installation: Procedure of installation
to conform to AWWA Specification C600, Installation of ductile-iron
water mains and their appurtenances.
TS3 Page 4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2.2 Existing Water Mains to be Extended or Tapped: No taps
or extensions of existinq mains shall be made unless an Inspector is
present. Notice of 24 hours shall be qiven to the Auqusta utilities
Department before commencinq work. Large transmission mains will be
tapped by Augusta utilities Department at the Contractor's expense.
2.3 Water Mains cut and Plugged: After new main and
services have been installed, sterilization test completed and meters
connected, existing water mains will be cut and plugged, using a plug,
cap, or solid sleeve, as directed by the Augusta utilities Department
Engineer, complete with reaction blocking.
3. Water Keter Service:
3.1 Taps: Taps shall be made on the upper half of the
water main at angle of 450 from vertical. The trench for the service
line shall be excavated to a depth which will insure a minimum cover
of 30" below finished grade. The new copper line shall be laid in a
straight line insofar as possible form the corporation cock to the
curb cock. The curb cock shall be located on the front property line,
8" below the top of the meter box, set flush with the finished grade
service. Taps on mains in subdivisions shall be made so that service
lines will be located in the center of proposed lots.
3.2 New Water Meter Service on New and Existing Mains: A
new water meter service shall consist of the following:
material.
a. 3/4" tap in water main and double-strapped tapping
saddle.
b. 3/4" corporation cock installed in main (AWWA
thread x compression with integral clamp).
c. 3/4" copper tubing.
d. 3/4" service ell.
e. 3/4" curb cock (meeter/coupling thread x
compression with integral clamp).
Refer to section TS2-03 of these specifications on
3.3 Meter Service Renewal on Existing Main: Meter service
renewal shall consist of relocating the existing meter and box to
location shown on the plans or as directed by the Augusta utilities
Department Engineer; installing a new 3/4" copper line with required
fittings and adapters from the existing corporation cock in water main
to the water meter; reconnecting the water meter to existing house
service with pipe and fitting of same size and type as existing house
service, complete.
3.4 Water Meter Service Adjusted: Where a conflict exists
between the existing meter services and the new curb and gutter, etc.,
the Contractor shall adjust grade and make extension as required using
TS3 Page 5
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
existing pipe and fitting or by furnishing new pipe and fittings of
the same size and material as existing.
3.5 Extending Services: Existing copper services, at the
discretion of the Inspector, can be extended by using copper to copper
couplings. All new appurtenances (service ell, curb cock and copper)
shall be used and shall be equal in size to the existing service to be
extended.
4. Valves: Valves shall be installed in accordance with AWWA
Standard C500, section A.5. Before setting each valve, make sure the
interior is clean and tested for opening & closing. Valves shall be
installed while in the closed position. Set valves and stops with
stems plumb and at the exact locations shown. Valve and service boxes
shall be plumb, with tops at finished grade. Tamp trench backfill
thoroughly for a distance of 3' on all sides of the boxes. Tap
connection to existing mains shall be kept closed until after the line
is tested, disinfected, flushed and accepted for service.
5. Fire Hydrant and Laterals: Before setting, remove foreign
material from barrel and test for opening and closing. Set hydrant
plumb with hose nozzles 18" above finished grade in location shown on
the plans or, if not specified, a minimum of 24 inches behind the back
of the curb. The hydrant shall be set at a height so that the
backfill or final grade will be at the bury line. The fire hydrant
shall be set a minimum of 3.0' from any tree, power pole, fence or
structure. All laterals from main to hydrant location shall be
ductile iron with 6" M.J. valve. Two cubic feet of gravel shall be
placed under the hydrant for drainage from the barrel. Concrete
reaction blocks shall be used for thrust restraint. After
installation, all hydrants shall be given a touch-up coat of paint and
two (2) field coats of high grade paint of the color specified by the
Augusta utilities Department Engineer.
6. Reaction B1ockinq: All plugs, fire hydrants, caps, tees,
bends and other fittings shall be provided with adequate reaction
blocking. Concrete for reaction blocking shall have a 28 day
compressive strength of 3000 p.s.i. and shall bear directly against
the undisturbed trench wall. All bolts and joints shall be left
exposed and caution taken while pouring blocking not to cover tees,
bolts, etc., as mentioned above.
7. Tapping Sleeve and Valve: The Contractor shall install a
tapping sleeve and valve of proper size and type on the existing water
main, tap main and install valve box. The outside surface of the
tapped main shall be cleaned just prior to installation of the tapping
sleeve.
TS3 Page 6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS3-06.
TESTING:
After installation of the main, hydrants, services and
appurtenances, the main shall be filled and flushed to remove air from
the system prior to the testing. The main shall then be refilled and
all valves closed feeding the system to be tested. The Contractor
shall be required to furnish all equipment to satisfactorily perform
the hydrostatic test as specified herewith. The pump shall be
installed at the low point of the system and pressure shall be
increased to 100 p.s.i. above the normal static pressure or 200
p.s.i., whichever is greater. Test pressure shall not be less than
1.25 times the working pressure at the highest point along the test
section. Leakage shall not exceed the allowable leakage (gph) per
1000 feet of pipeline in the following table for a test pressure of
1.25 times the working pressure for a 2-hour duration. The test shall
be performed after the curb and gutter has been completed and all curb
cocks have been installed. Notice shall be given to the Augusta
utilities Department 24 hours prior to beginning the test.
TS3-07.
DISINFECTION:
Disinfection shall comply to AWWA Specifications C65l,
Disinfecting Water Mains. A representative from the Augusta utilities
Department shall be present with four (4) hour notice prior to placing
the disinfectant in the system. A notice of 24 hours shall be given
to the Augusta utilities Department when the main is ready for a
sample to be drawn and tested. The provisions of this paragraph apply
equally to new pipe and fittings and to existing pipe lines into which
connections have been made or which may have been otherwise disturbed
to the extent that contamination may have occurred. All requirements
of the Health Department shall be-observed in executing this work.
Acceptable analysis must be obtained prior to placing the system in
service.
Nominal Pipe Dremete, . In.
Avg
Te.t 3 4 6 8 10 12 14 16 18 20 24 30 36 42 48 54
Pre..
(PSI)
450 0.48 0.64 0.95 1.27 1.69 1.91 2.23 2.56 2.87 3.18 3.82 4.78 6.73 8.69 7.64 8.60
400 0.45 0.60 0.90 1.20 1.50 1.80 2.10 2.40 2.70 3.00 3.80 4.50 5.41 6.31 7.21 8.11
350 0.42 0.56 0.84 1.12 1.40 1.69 1.97 2.25 2.53 2.81 3.37 4.21 5.06 5.90 6.74 7.58
-
300 0.39 0.52 0.78 1.04 1.30 1.56 1.82 2.08 2.34 2.80 3.12 3.90 4.68 5.48 6.24 7.02
275 0.37 0.50 0.75 1.00 1.24 1.49 1.74 1.99 2.24 2.49 2.99 3.73 4.48 5.23 5.98 6.72
250 0.36 0.47 0.71 0.95 1.19 1.42 1.66 1.90 2.14 2.37 2.85 3.56 4.27 4.99 5.70 6.41
225 0.34 0.45 0.68 0.90 1.13 1.35 1.58 1.80 2.03 2.25 2.70 3.38 4.06 4.73 5.41 6.03
200 0.32 0.43 0.64 0.85 1.06 1.28 1.48 1.70 1.91 2.12 2.55 3.19 3.82 4.46 5.09 5.73
175 0.30 0.40 0.59 0.80 0.99 1.10 1.39 1.59 1.79 1.98 2.38 2.98 3.58 4.17 4.77 5.36
150 0.28 0.37 0.55 0.74 0.92 1.10 1.29 1.47 1.68 1.84 2.21 2.76 3.31 3.86 4.41 4.97
125 0.25 0.34 0.50 0.67 0.84 1.01 1.18 1.34 1.51 1.68 2.01 2.52 3.02 3.53 4.03 4.53
100 0.23 0.30 0.45 0.60 0.75 0.90 1.06 1.20 1.35 1.60 1.80 2.25 2.70 3.15 3.60 4.06
TS3 Page 7
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS3-08.
SALVAGE MATERIAL:
All existing pipe, fittings, valve boxes, etc., removed during
installation of water system improvements and not reused on the job shall
be delivered to the Augusta utilities Department, 2760 Peach Orchard Road
and placed at location directed by the Augusta utilities Department
Engineer.
TS3-09.
MEASUREMENT:
1. Water Main: The overall length of water main actually
installed will be measured in linear feet along the central axis of the
diameter of the pipe from center to center of pipe junctions, end of pipe
or centerline of fitting, valve or fire hydrant whichever is applicable.
2. Fittings: Measurement of fittings shall be the total
published weight of all fittings installed and accepted. Weight of
gaskets, bolts and nuts shall not be included in measured weight.
3. Tapping Sleeve and Valve: The quantity to be paid for under
this item will be the actual number of tappings sleeves and valves
installed, complete (including the tap and valve box) and accepted.
4. Water Main cut and Plugged: The quantity to be paid for
under this item will be the actual number of each size water main cut and
plugged, complete and accepted.
5. Valves: The quantity-to be paid for under this item will be
the actual number of valves, installed, (complete with valve box) and
accepted.
6. Fire Hydrants: The quantity to be paid for under this item
will be the actual number of fire hydrants installed, complete and accepted
(this item includes hydrant, reaction blocking, crushed stone, 6" pipe, and
6" valve& box).
7. Water Meter Service: The quantity to be paid for under this
item will be the actual number of new water meter services installed (new
water main), new water meter services installed (existing water main) and
water meter services renewed (existing main), complete and accepted.
8. Water Meter Service Adjusted: Measurement of water meter
services adjusted shall be the actual number of water meter services
adjusted, complete and accepted (includes new pipe and fittings as
required).
TS3-10.
PAYMENT:
Payment for each size of water main pipe measured as specified
above will be paid for at the contract price per linear foot as set forth
below. Other measured items shall be paid for by the contract unit or lump
sum price for the various items, complete in place in accordance with the
TS3 Page 8
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
specifications.
No separate payment will be made for excavation, backfill,
testing, disinfection, reaction blocking, clamps and tie rods, or other
items or work required for a complete installation except as itemized below
for payment and all such costs shall be included in the applicable contract
unit price or lump sum bid item.
Payment will be made under the following:
Water Main
Fittings
Valve with Box
Tapping Sleeve and Valve
Water Meter Service, New
Water Meter Service, Renewal
Water Meter Service, Adjusted
Water Main cut and Plugged
Fire Hydrant
inches
per linear foot
per ton
per each
per each
per each
per each
per each
per each
per each
inch size
inch size
Existing Main
inch size
TS3 Page 9
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TECHNICAL SPECIFICATIONS
section 4
GRADING
TS4-01.
SCOPE:
This area covers grading for the roadways, retention pond, drives
and/or walks, including all excavations, formation of embankments,
preparation of subgrade of pavements and finishing and dressing of graded
earth areas, shoulders, and ditches. It shall also include the removal and
disposal of miscellaneous roadway items, including but not limited to
curbs, drainage structures and pavements, unless established as separate
contract items. Work in connection with excavation, trenching, and
backfilling for utility lines is not included under this section.
TS4-02.
CONSERVATION OF TOPSOIL:
Except where otherwise noted on the plans, topsoil shall be
removed without contamination with subsoil and spread on areas already
graded and prepared for topsoil, or shall be transported and deposited in
storage piles convenient to areas that are to receive application of
topsoil later, or at locations indicated. Topsoil shall be stripped to a
depth of 4 to 6 inches and, when stored, shall be kept separate from other
excavated materials and piled free of roots, stones, and other undesirable
materials.
TS4-03.
EXCAVATION:
The term "excavation" used hereinafter is defined as
"unclassified excavation". Excavation of every description regardless of
material encountered within the grading limits of the project, shall be
performed to the lines and grades indicated. suitable excavated material
shall be transported to and placed in fill areas within the limits of the
work. When directed, unsuitable material encountered within the limits of
the work shall be excavated below the grade shown and replaced with
suitable material. Materials considered unsuitable are those conforming to
Classes Pt, OH, CH, MH, OL, CL, or ML as described under the Unified Soil
Classification System. Such material removed and the selected materials
ordered as replacement shall be included in excavation. Unsuitable and
surplus excavation material not required for fill shall be disposed of in
designated waste or spoil areas on or near site and to-be determined by
Owner and/or Engineer. During construction, excavation and filling shall
be performed in a manner and sequence that will provide drainage at all
times. Any necessary clearing, grubbing, grassing, disposal of debris and
satisfactory trimming and drainage of the spoil areas other than provided
for in the Bid Schedule shall be considered incidental to the wasting
operations and shall be performed by the Contractor at no additional cost
to the Owner.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TS4-04.
SELECTION OF BORROW MATERIAL:
General: Borrow material shall be selected to meet the
requirements and conditions of the particular fill for which it is to be
used. The material shall consist of sand soils or sand-clay soils capable
of being readily shaped and compacted to the required densities and shall
be free of roots, trash and any other deleterious material. Any necessary
clearing, grubbing disposal of debris and satisfactory trimming and
drainage of the borrow areas shall be considered incidental to operations
of the borrow excavation and shall be performed by the Contractor at no
additional cost to the Owner. Unless specifically provided, no borrow
shall be obtained within the limits of the project site without written
approval.
Borrow Area(s): Borrow material shall be furnished by the
Contractor from private sources selected by the Contractor and shall
consist of a suitable material of the type mentioned above. The Contractor
shall obtain from the owners the right to procure material, shall pay all
royalties and other charges involved, and shall bear all expense of
developing the sources, including rights-of-way for hauling.
TS4-05.
EXCAVATION DITCHES AND GUTTERS:
Ditches and gutters shall be cut accurately to the cross-sections
and grades indicated by the drawings. All roots, stumps, and other foreign
matter in the sides and bottom of ditches, and gutters shall be cut one
foot below finish grade. Care shall be taken not to over excavate ditches
and gutters below the grades indicated. Any excessive ditch and gutter
excavation due to removal of roots, stumps, etc., or due to over-excavation
shall be backfilled to grade either with suitable material thoroughly
compacted, or with suitable stone or" cobble to form an adequate gutter
paving as directed. The Contractor shall maintain all ditches and gutters
excavated under this specification free from detrimental quantities of
leaves, sticks, and other debris until final acceptance of the work.
suitable earth material excavated from ditches and channel changes shall be
placed in embankments. Excavated material shall not be deposited within a
distance from the edge of any excavation of less than 1 1/2 times the depth
of the excavation. When storm drain pipe terminates in a new ditch, the
headwall or end section together with ditch pavement shall be constructed
immediately as called for on the plans. Ditch slopes and disturbed earth
areas shall be grassed as required under section entitled "Grassing". The
Contractor shall be responsible for maintaining these newly constructed
ditches and take immediate action subject to approval to keep erosion of
the ditch bottom and slopes to a minimum during the life of the contract.
No additional compensation will be given to the Contractor for the required
maintenance.
TS4-06.
PROTECTION OF EXISTING SERVICE LINE AND UTILITY
STRUCTURES:
Existing utility lines that are shown on the drawings or the
locations of which are made known to the Contractor prior to the excavation
that are to be retained, as well as utility lines constructed during
excavation operations, shall be protected from damage during excavation and
backfilling, and if damaged, shall be repaired by the Contractor at his
TS4 Page 2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
expense. In the event that the Contractor damages any existing utility
lines that are not shown, or the locations of which are not known to the
Contractor, report therefore shall be made immediately to the Engineer. If
determined that repairs are to be made by the Contractor, such repairs will
be ordered under the clause of the GENERAL CONDITIONS of the Contract
entitled CHANGES.
TS4-07.
BACKFILL ADJACENT TO STRUCTURES:
Backfill adjacent to structures shall be placed and compacted
uniformly in such a manner as to prevent wedging action or eccentric
loading upon or against structures. Slopes bounding or within areas to be
backfilled shall be stepped or serrated to prevent sliding of the fill.
During backfilling operations and in the formation of embankments,
equipment that will overload the structure in passing over the compacting
of these fills shall not be used. Backfill for storm drains and subdrains,
including the bedding, shall conform to the additional requirements as
specified.
TS4-08.
PREPARATION OF GROUND SURFACE FOR FILL:
All vegetation, such as roots, brush, heavy sods, heavy growth or
grass, and all decayed vegetable matter, rubbish and other unsuitable
material within the area upon which fill is to be placed shall be stripped
or otherwise removed before the fill is started. In no case will
unsuitable material remain in or under the fill area unless specifically
allowed by the Engineer. Sloped ground surfaces steeper than 1 vertical to
4 horizontal on which fill is to be placed shall be plowed, stepped or
benched, or broken up as directed, in such manner that the fill material
will bond with the existing surface. Prepared surfaces on which compacted
fill is to be placed shall be wetted" or dried as may be required to obtain
the compaction specified.
TS4-09.
FILL:
Fills and embankments shall be constructed at the locations and
to the lines and grades indicated. The completed fill shall correspond to
the shape of the typical section indicated or shall meet the requirements
of the particular case. Suitable material removed from the excavation
shall be used in forming the fill. Fill material shall be reasonably free
from roots, other organic material and trash, and from stones having
maximum dimensions greater than 6 inches. No frozen material will be
permitted in the fill. Stones having a maximum dimension larger than 4
inches shall not be permitted in the upper 6 inches of-fill or embankment.
The material shall be placed in loose depth of the full width of cross-
section and shall be compacted as required.
TS4-10.
COMPACTION:
Structure Fill: Each layer of the fill or embankment, except in
the areas indicated as not required compaction, shall be compacted by
rolling with an approved tamping roller, heavy rubber-tired roller, three
steel-wheeled power roller, vibratory roller or other compaction equipment,
whichever is best suited for the types of soil encountered, as approved, to
a least 98 percent of maximum density at optimum moisture content.
TS4 Page 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Pavement subgrades shall be prepared in accordance with appropriate
sections of these specifications.
Field Control: In areas where the density of the fill or
embankment is specified, field density tests will be performed in
sufficient number to insure that the specified density is being obtained.
These tests will be made at the expense of the Owner and will be in
accordance with AASHO standards T147 or ASTM 0-698.
TS4-11.
FINISHED EXCAVATION. FILLS AND EMBANKMENTS:
All areas covered by the project, including excavated and filled
sections and adjacent transition areas, shall be uniformly smooth graded.
The finished surface shall be reasonably smooth, compacted, and free from
irregular surface changes. The degree of finish shall be that ordinarily
obtainable form either blade-grader or scraper operations, specified. The
finished surface shall be not more than 0.10 foot above or below the
established grade or approved cross-section. Ditches and gutters shall be
finished so as to permit adequate drainage. The surface of areas to be
grassed shall be finished to a smoothness suitable for the application of
grassing materials. The surface of embankments or excavated areas for road
construction or other areas to be paved on which a base course or pavement
is to be placed shall not vary more than 0.05 foot for the established
grade and approved cross-section. In areas where the bulking of soil as a
result of grassing operations will bend to retard surface drainage along
the edge of pavements, the finished grades shall be left 0.1 foot below
grade prior to grassing.
TS4-12.
DISPOSAL OF WASTE MATERIAL:
All vegetation, roots, brush , sod, unbroken pavement, rubbish,
and other unsuitable or surplus material stripped or removed form the
limits of construction shall be disposed of off the site, except where
otherwise approved in writing by the Engineer. The material shall be
dumped, spread, and leveled to drain. Surplus excavation shall be hauled
to, compacted in accordance with structure fill areas and sloped to drain
in the disposal areas where directed. The unsuitable material shall be
leveled to drain and firmed under the normal operation of the spreading and
hauled equipment. Any trees, stumps, brush, down timber, etc. in the area
to be used for disposal shall be cleared by cutting (to within six (6)
inches of the ground) and shall be disposed of by burning, removal from the
property or a combination of both. Clearing and disposal of trees, stumps,
etc. shall comply with the applicable portions of the Clearing and Grubbing
specifications. -
TS4-13.
PLACEMENT OF TOPSOIL:
Topsoil shall be placed on all shoulders, slopes, ditches, and
other earth areas graded under this contract, excluding borrow areas,
unless otherwise specified on the plans. Topsoil shall be uniformly placed
on these areas to a compacted depth of not less than three (3) inches or
more than four (4) inches. The material shall be free from clods of soil,
matted roots, roots greater than 1/2 inch in diameter, and any other
objectionable material which might hinder subsequent grassing and mowing
operations. The material shall be placed, leveled, and lightly compacted
TS4 Page 4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
with at least one pass of a cultipacker or light pneumatic-tired roller, to
required cross-sections, but shall be left one-tenth (O.l) of a foot below
the finished earth grade.
TS4-14.
PROTECTION:
Newly graded areas shall be protected from traffic and from
erosion, and any settlement or washing away that may occur from any cause,
prior to acceptance, shall b repaired and grades re-established to the
required elevations and slopes, at no additional expense to the Owner.
straw used in mulching shall remain in place on all grassed areas until
time of acceptance by the Owner.
TS4-15.
MEASUREMENT AND PAYMENT:
Excavation of all substances encountered, will be considered as
incidental to operations. Placement of fill and anyon-site or off-site
wasting of excess excavated material will be considered as subsidiary
responsibilities of the Contractor. Payment will be made for items in this
section as Grading complete - lump sum.
TS4 Page 5
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TECHNICAL SPECIFICATIONS
section 5
GRASSING (BERMUDA-MILLET)
TSS-Ol.
SCOPE:
This section covers the furnishing of all labor and materials and
the performance of all work required to assure the establishment of a dense
permanent cover of common Bermuda grass on all areas of the site disturbed
by construction operations.
TSS-02.
SEED BED PREPARATIONS:
Final grades will be established as shown on the plans prior to
any seed bed preparation. Washes, low spots and hillocks or windrows will
be evened and the bed will be smoothed to facilitate uniform drainage after
establishment of the turf before tillage is begun. Graded surfaces will be
maintained in a smooth and even condition until the required cover is
established.
After the areas to be seeded have been brought to an even and
smooth grade, they shall be thoroughly loosened to a depth of at least six
(6) inches by plowing, disking, harrowing, or other approved methods until
the tillage is acceptable as suitable for seeding. During tillage
operations, the surface shall be cleared of all roots, cable, wire, or
other waste material which might hinder final grading, planting, or
subsequent maintenance operations. Any operations of the Contractor, shall
be smoothed out before seeding opera~ions are begun.
TSS-03.
FERTILIZATION:
Fertilization shall be distributed uniformly at a rate of 1,500
pounds of commercial 10-10-10 analysis fertilizer per acre, and shall be
incorporated into the soil to a depth of approximately three (3) inches by
disking, harrowing, or by other approved methods. The incorporation of
fertilizer may be a part of the tillage operation specified above, or a
part of the hydroseeding procedure as described below:
Immediately following, or simultaneous with, the incorporation of
fertilizer, lime shall be distributed at the rate of 2,000 pounds per acre
and shall be incorporated into the soil to a depth of at least three inches
by disking, harrowing, or other acceptable methods. The incorporation of
lime along with the fertilizer may form a part of the tillage operation
specified above.
Not less than 30 days after completion of seeding, the Contractor
shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted
areas. Nitrate of Soda shall be a commercial product, containing not less
than 16 percent Nitrogen and Ammonium Sulphate not less than 20 percent
Nitrogen. The Nitrogen fertilizer shall be uniformly spread and
distributed with approved equipment at the rate that will give not less
than 60 pounds of available Nitrogen per acre. Other commercial types of
nitrogenous material may be substituted at the option of the Contractor.
The time of application shall be limited to the season of June through
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
August.
TSS-04.
SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in
accordance with one of the following methods:
Between the dates of April 15 and September 15, Hulled Common
Bermuda seed and Brown Top Millet seed shall be applied at a rate of 40
pounds of seed per acre.
If seeding is undertaken between September 15 and April 15,
Unhulled Common Bermuda seed shall be applied at a rate of 40 pounds of
seed per acre simultaneous with Abruzzi Rye seed at a rate of 200 pounds
per acre.
Seed may be applied by means of a Hydroseeder or other means
approved by the Engineer.
TSS-OS.
COMPACTION:
Immediately after seeding operations have been completed, the
areas shall be compacted by means of a cultipacker, roller wood float, or
other approved equipment sUfficiently weighted, or compacted by hand
methods, to reduce air pockets to a minimum. The completed planted areas
shall be left with a firm, even surface free from abrupt hums and hallows,
and to the established grade.
TSS-06.
MULCHING:
All areas planted to permanent grass shall be uniformly mulched
with hay or straw at the rate of 1 1/2 tons per acre or a permanent soil
erosion control mat designed to protect the subgrade and expedite growth,
except where hydroseeding is employed using a cellulose mulch mixed with
the seed and fertilizer. This straw or fabric must remain intact and in
good condition until the job is accepted.
TSS-07.
ACCEPTANCE:
Grassed areas will be accepted with a 95 percent cover by
permanent grasses is obtained and weeds are not dominant.
TSS-08.
APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of
section 700, Grassing, Standard Specifications for Highway Construction of
the Georgia Department of Transportation, Edition of 1983.
TSS-09.
MEASUREMENT- PAYMENT:
Grassing, complete and accepted, as performed under this section
shall be paid for as a lump sum price.
TS5 Page 2