HomeMy WebLinkAboutWillow Creek Storm Line Rehabilitation
Augusta Richmond GA
DOCUMENT NAME: W\\ \().AJ ~x--ee:,~ ~~O'(\'<l \, ne ve.Dab\ \\\Q::t\CY\
DOCUMENT TYPE: C1)~~Cl~1I
YEAR: C\'
BOX NUMBER: 03
FILE NUMBER: \ ~\dl
NUMBER OF PAGES: ~
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
WILLOW CREEK STORM.
LINE REHABILITATION PROJECT
REFEREiVCE NO.: 76-082
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PREPARED BY
ENGINEERING DEPARTMENT .
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FOR
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AUGUSTA-RICHMOND COUNTY
: COMMISSION-COUNCIL
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ROOM 701, MUNICIPAL BUILDING
580 GREENE STREET, AUGUSTA CA. 30911
MARCH, 1997
PUBLIC WORKS AND
ROOM 701
530 GREENE STREET
AUGUSTA, GEORGIA 30911
(706) 821-1706 FAX (706) 821-1838
ENGINEERING
June 3, 1997
Mr. Neal McMenamin
Palmetto Gunite Construction Company, Inc.
POBox 388
Ravenel SC 29470-0388
RE: Willow Creek Storm Line Rehabilitation
Project Reference: 76-082
Dear Mr. McMenamin:
CHARLES DILLARD
Commissioner of Pu.bIic Works and
Director of ~ngineering
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This is your" Notice To. Proceed" with construction of the above
referenced project in accordance with the specifications as
prepared by the Engineering Department of Augusta-Richmond County
Commission Dated March, 1997. Your are to begin work on or
before June 13,1997 and fully complete the project before October
12, 1997 (120 calendar days), .
We are enclosing herewith two (2) copies of the executed contract
documents. Please forward one (1) to your surety.
S~:L~
P. Frank Purnell
Design Engineer
cc: A.B. McKie, Comptroller
Geri Sams, Purchasing Director, with Documents
Donna Williams, Accounting
Cheryl Nelson, Finance
Lena Bonner, Clerk of Commission, with Documents
PFP/psm
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Section
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Drawing
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INDEX TO SPECIFICATIONS
Title
Advertisement for Bids
Information For Bidders
,Proposal
Bid Bond
Notice of Award
Agreement
Performance Bond
Labor & Material Payment Bond
Certificate of Owner's Attorney
Notice to Proceed
General Conditions
Paqe
1-2
1-3
1-2
1-2
1-1
1-2
1-2
1-3
1-1
1-1
1-23
Supplemental General Conditions. 1-3
Special Conditions 1-4
TECHNICAL SPECIFICATIONS:
Rehabilitation of Structures with Shotcrete
Project Cross Section
INDEX
1-8
1-1
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ADVERTISEMENT FOR BIDS
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SEALED BIDS for the construction of the Rehabilitation of
a Corruqated Metal Storm Line at Augusta, Georgia, including all
materials, tools, machinery, etc.together with appurtenances,
hereinafter referred to by project name as
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BID ITEM # - 97-035 WILLOW CREEK STORM LINE REHABILITATION
will be received by AUGUSTA-RICHMOND COMMISSION at the Purchasing
Department, Room 605 Municipal Bldg./530 Greene Street, Augusta, GA
30911 until then in referred to as the OWNER, at the office of the
Purchasing Director, Room 605, Municipal Building until 11: 00 a.m.
on Monday the 24 day of March, 1997, at which time all bids will be
publicly opened and read in the presence of those interested.
All work shall be in accordance with the contract
documents of the Augusta-Richmond County Engineer and Commissioner
of Public Works, hereinafter referred to as the Engineer.
Copies of the Contract Documents may be examined during
regular business hours at the Engineering Office, 7th Floor,
Municipal Building, Augusta, Georgia; at the ~ollowing locations:
The F. W. Dodge Divisi9n Plan Room
Augusta, Georgia
The Augusta Builders Exchange
Augusta, Georgia
Copies of the Contact Documents for bidding purposes may
be obtained at the office of the Purchasinq Director upon payment
of Twenty-Five Dollars ($25.00) for each set. (Non-refundable)
Bids shall be addressed to Augusta-Richmond County
Commission, c/o Purchasing Director, Municipal' Building,
Augusta,Georgia 30911, marking the envelope "Bid for Willow Creek
Storm Line Rehabilitation.
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Bids shall be completed and submitted as described in the
Information for Bidders section of the Contract Documents.
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A Bid Guarantee, Performance Bond, and a Labor and
Material Payment Bond will be required.
No bid may be withdrawn for a period of Sixty (60) days
after the date and time set for the receipt of bids~
All bidders will be required to attend a Pre-Bid
Inspection which will be held at the Engineer Office, Room 701 530
Greene Street to be escorted to the site, at 3:00 P.M. on March
17th. (Attendance is not Mandatory)
The Owner reserves the right to waive any informalities
in bidding and to reject any or all bids.
ADV-l
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Geri A. Sams, Purchasing Director
Augusta-Richmond County Consolidated Government
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Date:
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Advertised in Augusta Chronicle, March 12, 13 & 14 1997
Augusta Focus, March 13, 1997
Metro Courier, March 12, 1997
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ADV-2
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INFORMATION FOR BIDDERS
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Bids will be received by Augusta-Richmond County
Commission-Council, Georgia, (hereinafter called the "Owner"), at
the office of the Purchasing Director until 11:00 a.m.
March 24, 1997 , and then at said office publicly opened and read
aloud.
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Each bid must be submitted in a sealed envelope,
addressed to Mayor and Augusta-Richmond County Commission-Council
at City-County Municipal Building, Augusta, Georgia 30911. Each
sealed envelope containing a bid must be plainly marked on the
outside as bid for Willow Creek Storm Line Rehabilitation 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 the Mayor and Augusta-Richmond County
Commission, c/o Purchasing Director, City-County 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.
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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
wi thin sixty ( 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 ~nd 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.
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The Contract Documents contain 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 five 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-1
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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
accompanied 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.
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The Owner wi thin 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.
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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 the 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 therein.
A conditional or qualified bid will not be accepted.
Award 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
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. The low bidder must supply the names and addresses of
major material suppliers and subcontractors when requested to do so
by the Owner.
The engineer is the Augusta-Richmond Engineer.
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PROPOSAL
FOR
WILLOW CREEK STORM LINE REHABILITATION
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August~-Richmond County Commission-Council
Municipal Building
Augusta, Georgia 30911
Gentlemen:
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The undersigned as bidder, herein referred to as singular
and masculine, declares as follows:
1. The only parties interested in the proposal as principals are
named herein;
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2. He has carefully examined and fully understands the Contract
Documents, including the drawings and technical
specifications;
3. He understands that information relative to existing
structures and underground utilities as furnished to him on
the drawings, Contract Documents or by the Engineer, carries
no guarantee expressed or implied as to its completeness or
accuracy and he has made due allowances therefor;
4. He has made a personal examination of the site of the proposed
work and has satisfied himself as to the actual conditions and
requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted,
he will contract with Augusta-RiChmond County Commission-Council,
Georgia, to furnish all machinery, tools, apparatus and other means
of construction and to do all work and furnish all materials called
for in accordance with requirements of the Engineer and the true
intent of the Contract Documents and that he will take in full
payment lump sum.
NOTE: Bidders must bid on the item.
The Contract covering the construction of all work
described above will be completed within 120 calendar days from
the date specified in the "Notice to Proceed" of the Augusta-
Richmond County Engineer for:
Dollars ($ '_> subject to
reductions, additions and deletions provided herein on the basis of
measured quantities of completed work and the prices bid. Bidder
further agrees to pay as liquidated damages the sum of $500.00 for
each consecutive calendar day thereafter as hereinafter provided in
Section 15 of the General Conditions.
It is understood that the Owner reserves the right to
reject any or all proposals or to accept any proposal as deemed to
be to the best interest of. the Owner.
It is also understood that the following addenda as
issued during the bid period shall be included as part of the
Contract Documents:
P-1
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Addendum
Date
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The undersigned bidder understands and agrees that should
the Owner accept this proposal,. the bidder will wi thin ten (10)
days from the date of notification of acceptance of his proposal,
execute the contract and furnish the Owner with satisfactory
performance and payment bonds in the amount equal to one hundred
,percent (100%) of the total base bid sum. Enclosed herewith is a
Bid Bond or a Certified Check in the amount of
Dollars ($ ) being not less than five (5%) percent
of the total base bid sum.
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Should the bidder fail to execute the Contract and
furnish the Performance and Payment Bonds in case this proposal is
accepted, the Owner shall have the right to receive the amount of
the bid security as liquidated damages. If the security is a
Certified Check, it may be cashed by the Owner and the amount
received shall become the property of the Owner. If the security is
a Bid Bond, the value thereof shall be paid to the Owner by the
Surety.
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The undersigned by submittal of this proposal, agrees
that the above stated amount is proper measure of liquidated
damages which the Owner will sustain by the failure of the
undersigned to execute the Contract and furnish the Performance and
Payment Bonds.
The successful bidder shall have a current Business
License.
The Owner is an Equal opportunity Employer.
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Name of Bidder
Signature & Title of
Authorized Representative
Business Address
City and State
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Date:
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SECTION BB
BID BOND
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Richmond
sum of
which, well and
bind ourselves,
and assigns.
Signed, this day of , 1997.
The condition of the above obligation is such that
whereas the Principal has submitted to Augusta-Richmond County
Commission-Council, Georgia a certain Bid, attached hereto and
hereby made a part hereof to enter into a contract iri writing for
the construction of Willow Creek Storm Line Rehabilitation.
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal,and
as Surety, are hereby held and firmly bound unto Augusta-
County Commission-Council, Georgia, as Owner in the penal
for the payment of
truly to be made, we hereby jointly and severally
our heirs, executors" administrators, successors
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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,
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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 the time within
which the Owner may accept such Bid; and said Surety does hereby
waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have
hereunto set these 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 day
and year first set forth above.
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SEAL
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L.S.
(Principal)
(Surety)
By
ATTORNEY IN FACT
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SECTION NA
NOTICE OF AWARD
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TO: f""LmIUl't> 6uAl ,'.,,; CoN511UAa1~tJ tJ,.1 IAJc'
P.o, Box 38'8'
1<A II taN E L., S Co ,2. t:; tJ 70
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PROJECT DESCRIPTION: Willow Creek Storm Line Rehabilitation
.
The Owner has considered the BID submitted by you for the
above described WORK in response to its Advertisement for Bids
dated Ap~i~ 1997, and Information for Bidders.
You are hereby notified that your BID has been accepted for
i terns in the amount of $ /C,'. ;l.so, 00
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You have agreed in your Proposal to execute the Agreement and
furnish the required Contractor's Performance Bond and Payment Bond
within Ten (lQ) calendar days from the date of this Notice to you.
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If you fail to execute said Agreement and to furnish said
Bonds within Ten (lQ) days from the date of this Notice, said OWNER
will .be entitled to consider all your rights arising out of the
OWNER'S acceptance of your BID as abandoned and as a forfeiture of
your Bid Bond. The OWNER will be entitled to such other rights as
may be granted by law.
You are required to return an acknowledged copy of this NOTICE
OF AWARD to the OWNER.
Dated this
day of
, 1997.
BY:
TITLE:
ACCEPTANCE OF NOTICE
this
Rece~t of the above NOTICE
~Of fllA~
OF AWARD is hereby acknowledged on
, 1997.
BY:
TITLE: rIl.ES/~€7VJ
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THIS AGREEMENT, made this ~tI day of
SECTION A
AGREEMENT
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, 1997,
by and between the Augusta-Richmond County Commission-Council as
Successors by Consolidation to the City Council of Augusta,
I J~c- .
hereinafter called "Owner" and PI1~ G;,.,f.If1f'doing business as
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 of
Willow Creek Storm Line Rehabilitation
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 (lQ) calendar days after the date of the
Notice to Proceed and will complete same within 120 calendar
days unless the period of completion is extended otherwise by
. the Contract Documents.
The Contractor agrees to perform all the work described in the
Contract Documents for the sum of $ /&, z 50, 00
,
The term "Contract Documents" means
following:
Advertisement for Bids
Information for Bidders
Proposal
Bid Bond
Notice of Award
Agreement
Performance/Payment Bond
Certificate of Owner's Attorney
Notice to Proceed
Change Order
General Conditions
Supplemental General Conditions
Special Conditions
Technical Specifications
Drawings
Addenda:
and includes
the
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19_
, 19....:.......
, 19
No.
No.
No.
'dated
dated
dated
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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.
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7.
This Agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors
and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed or
caused to be executed by their duly authorized officials, this
Agreement in 6 (number of copies) each of which shall be
deemed an original on the date first above written.
BY:
COUNTY COMMISSION-COUNCIL
OWNER:
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(SEAL)
NAME:
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TITLE:
NAME:
TITLE:
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CONTRACTOR:
hlAJG7TO (;uIl)l1?;-' ~lIIsreucno~ ~) JIl1C,
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u/ S ATTEST:
J'V. ).. , _MO L.J
(Type or Print) 5330 SItV /tAlA! J}- II I/1J y" .
NAME: ?IJ. Bo.x 38'8)' ~viVJgl
BY:
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NAME:
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ADDRESS:
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(Type or Print)
TITLE :?.e6S1 /)~"}.Ir
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14:41
80388g2136
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PAll'l;ETTO GUNITE
PAGE 03
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Section PB
PERFORMANCE BOND
NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT.. BOND ON
PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE
PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That Palmetto GuniteCohstruetion Company, Ine, ,
asPrinclpal, hereinafter called Contractor, and Washington InternaUonal Ine. Co.
a corporation organized and existing under the ~aws of the State of'
Arizona . ' .',' with its principal office in the City of Sehau!l}burg ,
State of Illinois , as Surety,. hereinafter
called Surety,' are held and firmly bound unto Augusta-Richmond
County Commission-Council, Georgi~{' asOb igee, hereinafter called
the Owner, in the penal 'amountof'fw~t en aUF~~Dollars ($16,250.0~
'for the payment. whereof Contractor and Surety bind themselves,.
their heirs, executors, administrators, successors, and assigns,
jointly and severally'; firmly by. these presents for the fa! thful
performance of a certain wri~ten agreement. .
. WHEREAS ( Contractor has by. said written agreement dated
April 1997 entered into a contract with CWner for the construction
of 'Willow Creek Storm Line Rehabili tation, Augusta, Georgia I in
: acco.rdance with the drawings and specifications issued by Engineering Dept.
which contract is by reference made a part hereof, and is
hereinafter referred to as the cONTRACT,
NOW, THEREFORE, .theconditlon of this obligation i~ s~ch
that, if Contractor shall promptly' and faithfully perform said
CONTRACT~ then this obligat.ionshall be null and void; otherwise it
shall remain in full force and ~ffect,
The Surety hereby waives notice' of. any alteration or
extension of time made by the Owner"
Whenever Contractor shall be, and declared by Owner to be
in default under the CONTRACT, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default,
or shall promptly
(1) Complete the CONTRACT in accordance with its terms and
conditions, or
(2) Obtain a bid or bids for completing the' Contract in
accordance with .1 ts .terms and condl tions I and upon
determination .by Surety of. the lowest responsible bidder,
or, if the Owner elects, upon determination by the Owner
and the Surety jointly of the lowest responsible bidder,
.arrange for a contract between such bidder and Owner, and
make available as Work progresses (even though there
should be a default or a succession of defaults under the
contract or contracts of completion arranged under this
paragraph) sufficient funds t.o pay the cost of completion
PB-l
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8038892136
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PAlJIETTO GUNITE
PAGE 04
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less' the, ba'lance of the contract price;.' but . not
exceeding, including other costs :and damages.forwhich
the Surety maybe'liable.hereunder, the amount. set forth
in the first .paragraph. hereof.. The term. "balance of' the
. contract price,:" as used in this . paragraph, shall~ean
the total amount payable by Owner to Contractor under the
Contract and . any , amendments thereto , ,less.. the amount
properly paid by Owner to Contractor.
Any suit underthi~ bond'must he'instituted before the
. expiration of two (.~) years from the date on which final payment
under the CONTRACT taIls due,
. No right ;ofaction shall accrue on this bond to. or for
the use of. any person or corporation other' tha.n . the OWner named
herein ortheheirsiexecutoii,~dmi~istrators.or successorS of th~~ :n
Owner. ,:1\\\ <<t /:
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Signed and sealed this.
A.D. 1997,
16th
day of'May
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Witness,
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Palmetto Gunite Construction Co" I~c, (se'ari"f -::-,~' ;,\.....
'/> ~"-;:.~"r..,
Snow, Presid'ent (Contractor')'.-- ~- ~ -
7/f 1-~~~~/ 11. ~SealJ
, Notary Public (Title)
Washington International Insurance Coe Seal)
(Surety)
(Seal)
ttorney-in-Fact( Tit 1 e)
Note:
Date of Bond' must be prior to 'date of Contract. If
contractor is Partnership, all partners should execute
Bond.
BY
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PB-2.
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: 051-rti/1997 14: 41
8038892135
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PALMETTO GUNITE
PAGE 05
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SECTION PB
LABOR AND MATERIAL PAYMENT BOND
( NOTE: .
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE'BOND
ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE
PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
. That
Palmetto Gunite Construction Company, Inc,
,
as Principal, hereinafter called contractor,. and Washington Internat}ona1 Ins. Co
a corporation organized and existing under the laws of the State of'
Arizona
, w1th.ltsprincipaloff1ce in tile City of Schaumburg
, State of Illinois , as Surety,
hereinafter called surety, are held and firmly bound unto Augusta-
Richmond County commission-Council Georgia, as Obligee, hereinafter
called the Owner, for.the use and benefit of claimants as
hereinbelow'defined 1n the amount of Sixteen Thousand Two Hundred
Fifty & No/100-------------------- Dollars ($16,250,00 ).
for, ,the payment whereof Contractor 'and Surety bind them~elves,
their heirs , , executors, ,adm1nistra'tors , succeSSOrs, and assigns,
jointly and severally, firmly. by these presents. .
WHEREAS, Contractor has by written agreement dated April 1997
entered into a contract with, Owner for the construction of
WillOw Creek Storm Line Rehabilitation Augusta, Georg1a in
accordance with drawings and specifications issued byEngr,Dep~.~
contract is by reference made a part hereof, and is here1nafter
.:referred to as the CONTRACT.
. ~NOW, THEREFORE, the condition of this obligati~n is such
that, if the Contractor shall promptly make payment to . all
claimants as hereinafter defined, for all.. labor and material used
or reasonably required to, use in .the performance of the. CONTRACT,
then this obligation shall be. void; otherwise it shall remain in
full force and effect,' s~bj~ct, however, . to the following
conditions:
(1) A claimant is defined asonehavinq a direct contract with' the
Contractor or with' a 'subcontractor 'of the Contractor . 'for
~labor, material', or both~ used or reasonably required for use
~n the performance of the 'cont~act, labor and material being
construed as to.include that part of water, ,gas; power, 'light,
heat, oil, ga80line, telephone service or rental of equipment
directlyapplicable.to,the.CONTRACT. .
(2) The above named Contractor and Surety. hereby jointly .and
severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration
LMPB-!
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:-
~"
,.
.!
8038892135
f ~.
PALJvtETIO GUNITE
PAGE 05
of,a period of ninety (90) 4ays after the date on which the
last of, such claimant's.worle or labor was done or pe~formed,
or materials were 'furnished by such claimant, may sue on this
bond for the use.of such~laimant, pros~cute th~suit to final
judgeme'nt' for suchsumor:sums as may be justly due claimant,
and have' execution thereon. The Owner shall not. be liable for
the paymen.t' of any costs, or expenses ~f' a,ny' such sui t.
( 3)' No suitor action sha'll, be, commenced hereunder by any
claimant,
Ca)
. .
Unless claimant, other than ~ne.having adlrect tontract
~it~ .th~ Contracto~, ~hall have .given wri~ten notic~ to
any two of the following: .~he contractor, the owner, or
the Surety above' na.med, wi thin ninety (90) days. after
. such, claima'nt did or performed Uielast of.the work: or
l~bor,'or furnished the last of the ~aterials for which
'said claim is made, seating wi th subst.antial accuracy the.
~mount claimed and. the name of the party to whom the
materials,were furnished, or for.\oIhom the work or labor
was done or performed. Such notice" shall be served by
mailing the same by registered mail or c.ertif.led mail,
posta~eprepaid, in an envelope addressed to the
Contractor, owner or Surety, at a~y place where an office
regularly ,maintained for the transaction of business, or
served in any manner in which legal process may be served.
in the state in whic~ ~he aforesaid project is located,
save that such service need not be made by a public
officer.
(b)
After the expirationotone. (1) year following the date
on which . Contractor ceased work on said CONTRACT, it
being ~nderstood,. however, that if any limitation
embodied!n this bond is prohibited b~ any law
controlllng the construction hereof, such 1 imi tation
shall be deemed to be amended so as. to be equal to the
minimum period of limitation permitted by such law.
,Other' than in a'statecourt of competent jurisdiction in
and for the county or other political subdivision of' the
'state in which t,he project, or any part thereof; is
situated, or in the United States District Court 'for the
district ,in which the project, or. any part thereot, is
situated, and not elsewhere. .
(c)
, '
(4) The amount of this bond .shall be' reduced by and to the extent
of any payment or payments tnade in good fa1th hereunder,
'inclusive 'of the payment by Surety of mechanics' liens which
"may. be flIed of record against said improvement, whether or
not claim for the: amo~nt:ofsuch lien be presented Under ~nd
against this bond. '
. LMPB-2
~
~5~14/1gg7 14:41
B03BBg2135
PAL/';'.HTO GUNITE
PAGE ~7
,- ."
16th
day of" May
. ,
Signed and sealed this
A.D. 1997.
Witness .~...
~ .W.L. Snow,..Presidetn
Attest?1~.?H~~~
-,,-:' ~I"
,..:', \ :~~."....::....... .
. ~"",;;r; -~./
.;:""- ,I~~~ . y,/ ~...~'-'
, ;;,,~., /~". /' ~;':.'
'\-; ,'''i''It;a-' ~.,.,.....,- .~'~.;
ltalme. Ho Gunite CarlS truction Co" Inc (sea-,l)..:: -- ',:., ~,
. (contract~rS~ -,--., n;
Ja" .' .... ,.~.~~ 'l~/{::,~
, /1 (~ . J.;L' " '/:-"""'~' .\.
.' 'A/I~. 7/1~Seai)r,~~';, :.-~^'.
, .' '.. (Title) , ...
, Notary Public "
.~:
W~ P.:>.
Washington International Insurance Co~ Seal)
(Surety)
Al-s:rY11 "fit
. . '
4Hd&-'~,~ .
D relle E,Bigby, rney-in-Fact
(Seal)
. (Title)
Note:
Date of Bond must' be prior to date of. Contract. . If
contractor 1s partnership, all partners should execute
Bond.
D
<:.
','
LMPB- 3
..
. -
i'
WASHINGTON INTERNA T10NAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the
laws of the State of Arizona, and having its principal ~ffice in the Village of Schaumburg, Illinois does hereby constitute and appoint
DERELLE E. BIGBY, DELLA B. CASE" WESLEY V. DASHER, JR., FRANK W. HAFNER, JR., A. T. JOHNSON
ROBERTJ. LA VISKY, JANE MCCOY AND CAROL YN D. OWENS EAcH IN THEIR SEPARA TE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted
by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as
binding upon the said Washington Internatiqnallnsurance Company as fully and amply, to all intents and purposes, as if the same has been
duly executed. and acknowledged by its President and its principal office.
This Power of Attorney shall be limited in amount to $2,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority'granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, Presipent, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-
Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special
Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section andlor
any of the By-Laws of the Company, and to remove; at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke
the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company. may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by
facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed
in the ordinary course of business shall be valid and binding upon the Company.
~\\\"III\!III'1 .
IN TESTIMONY WHERE~\'~'gV~,hj?~t-GJ? International Insurance Company has caused this instrument to be signed and its corporate seal
to be affixed by its ~~~~<Z~'affi~lAnj?//! 6th day of July, 1996. .
S ~ ..- 0". (;;;., ....~. .
~ If.... (j:f?ro.l"r .... ....;W ON I ERNATIONAL INSURANCE COMPANY .
: <= : e-~ q) ..~' .~ ~ :..
~ == : 3[.1';'1;:, ~ : ~ :::
- tn , ..... ,... to ' ,.::;
~~". ~l't4 :'f:.':
~ ~ -.. .: .~...,
~.. .. ,..,>>
~.. ,,~ ~.. ""
STATE OF ILLINOIS) ~""",,~RizON';' \\,,\,f
COUNTY OF COOK) /1/1/1/111111\1\\\\\
On this 16th 'day of July, 1996, before me came the individual who executed the preceding instrument, to me personally known, and, being
by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the
seal affixed to said instrument is the Corporate Seal of said comyany; .
IN TESTIMONY WHEREOF, I have hereunto set my hand and'afflxed the day and year first above written.
CERTIFICATE
?,~........-~~~~~~~;~~
~~ "OFFICIi\L 51:: 0\
~~ Ivl'CH:::L' E HO ~M helle
;" I '- L ,Wt:r~i~m
~' No1c!)' Pubiic, State of liiinois
~L My C:l:Timission Expi'Es 09/07/99
~.,..~.,..~
STATE OF ILLINOIS) ~...........~~~ ~
COUNTY OF COOK)
I. the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article fll,
Section 5 of the By.Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in
force.
S;gn,d .nd ".I,d ;n th, County of Cook. "dt~ ?Jif. ~ . 19 J2....
Lewis M. Moeller, Secretary
-.
'.
..
.
Section PB
PERFORMANCE BOND
.
NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON
PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE
PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
.
That
as Principal,
a corporation
,
.
hereinafter called Contractor, and ,
organized and existing under the laws of the State of
, with its principal office in the City of ,
State of , as Surety, hereinafter
called Surety, are held and firmly bound unto Augusta-Richmond
County Commission-Councit, Georgia, as Obligee, hereinafter called
the Owner, in the penal amount of Dollars ($ )
for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents for the faithful
performance of a certain written agreement.
--
WHEREAS, Contractor has by said written agreement dated
entered into a contract with Owner for the construction
of Willow Creek Storm Line Rehabilitation, Augusta, Georgia, in
accordance with the drawings and specifications issued by
w~ich contract is by reference made a part hereof, and is
hereinafter referred to as the CONTRACT.
.....,
NOW, THEREFORE, .the condition of this obligation is such
that, if Contractor shall promptly and faithfully perform said
CONTRACT, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
.-:.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the CONTRACT, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default,
or shall promptly
(1) Complete the CONTRACT in accordance with its terms and
conditions, or
(2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the Owner
and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and owner, and
make available as Work progresses (even though there
should be a default or a succession of defaults under the
contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion
PB-1
..
.
"
less the baiance of the contract price; but not
exceeding, including other costs and damages for which
the Surety may be. liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount
properly paid by Owner to Contractor.
.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the CONTRACT falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the Owner named
herein or the heirs, executors, administrators or successors of the
Owner.
.
Signed and sealed. this
A.D. 1997.
-
Witness
Attest
.-
Witness
-.
Attest
Note:
(
(Seal)
(Contractor)
By
day of
(Seal)
(Title)
(Seal)
(Surety)
By
(Seal)
(Title)
Date of Bond must be prior to date of Contract. If
Contractor is Partnership, all partners should execute
Bond.
PB-2
'.
.
SECTION PB
LABOR AND MATERIAL PAYMENT BOND
.
(NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND
ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE
PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
.
That
,
as Principal, hereinafter called Contractor, and
,
a corporation organized and existing under the laws of the State of
-
...
, with its principal office in the City of
. , State of , as Surety,
hereinafter called Surety, are held and firmly bound unto Augusta-
Richmond County Commission-Council Georgia, as Obligee, hereinafter
called the Owner, for the use and benefit of claimants as
hereinbelow defined in the amount of
Dollars ($
for the payment whereof Contractor and Surety bind
their heirs, executors, administrators, successors,
jointly and severally, firmly by these presents.
)
themselves,
and assigns,
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for the construction of
Willow Creek Storm Line Rehabilitation Augusta, Georgia in
accordance with drawings and specifications issued by , Wllin
contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such
that, if the Contractor shall promptly 'make payment to all
claimants as hereinafter defined, for all labor and material used
or reasonably required to use in the performance of the CONTRACT,
then this obligation shall be void; otherwise it shall remain in
full force and effect, subject, however, to the following
conditions:
(1) A claimant is defined as one having a direct contract with the
Contractor or with a subcontractor of the Contractor for
labor, material, or both, used or reasonably required for use
in the performance of the contract, labor and material being
construed as to include that part of water, gas, power, light,
heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and
severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration
LMPB-I
.
-
-
of a period of ninety (90) days after the date on which the
last of such claimant's work or labor was done or performed,
or materials were furnished by such claimant, may sue on this
bond for the use of such claimant, prosecute the suit to final
judgement for such sum or sums as may be justly due claimant,
and have execution thereon. The Owner shall not be liable for
the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereu~der by any
claimant,
(a) Unless claimant, other than one having a direct contract
with the Contractor, shall have given written notice to
any two of the following: The Contractor, the Owner, or
the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which
said claim is made, stating wi th substantial accuracy the
amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor
.was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office
regularly maintained for the transaction of business, or
served in any manner in which legal process may be served
in the state in which the aforesaid project is located,
save that such service need not be made by a public
officer.
(b) After the expiration of one (1) year following the date
on which Contractor ceased work on said CONTRACT, it
being understood, however, that if any limitation
embodied in this bond is prohibited by any law
controlling the construction hereof, such limitation
shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in
and for the county or other political subdivision of the
state in which the project, or any part thereof, is
situated, or in the .United States District Court for the
district in which the project, or any part thereof, is
situated, and not else~here.
(4) The amount of this bond shall be reduced by and to the extent
of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and
against this bond.
LMPB-2
.
". "'\.,
Signed and sealed this
A.D. 1997.
day of
.
Witness
Attest
.
Witness
-
..
Attest
-
..
Note:
-
(Seal)
(Contractor)
Bv
(Seal)
(Title)
(Seal)
(Surety)
BV
(Seal)
(Title)
Date of Bond. must be prior to date of Contract. If
Contractor is Partnership, all partners should execute
Bond.
LMPB-3
.
SECTION NP
NOTICE TO PROCEED
.
TO:
DATE:
.
PROJECT:
Willow Creek Storm Line Rehabilitation
.
You are hereby notified to commence work in accordance
. .
with the Agreement dated
, 1997, within Ten
(1Q) calendar days following t'his date, the date first written
.
above, and you are to complete the work within
(_) consecutive calendar days after the date of this notice. The
date set for completion of all work is therefore
19_
""!'
BY:
TITLE:
ACCEPTANCE OF NOTICE'
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged
and the same is hereby accepted
on this
day
of
, 1997.
BY:
TITLE:
NP-1
.
.
.
Section
GC - 0 1 .
GC-02.
GC-03.
GC-04.
GC-OS.
GC-06.
GC-07.
GC-08.
GC-09.
GC-I0.
GC-ll.
GC-12.
GC-13.
GC-14.
GC-15.
GC-16.
GC-17.
GC-18.
GC-19.
GC-20.
GC - 2 1 .
GC-22.
GC-23.
GC-24.
GC-2S.
GC-26.
GC-27.
GC-28.
GC-29.
GC-30.
GC-31.
GC-32.
GC-33.
GC-34.
GC-3S.
GC-36.
.
.
-
'III'
-
-
SECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Definitions
Additional Instructions and Detail Drawings
Schedules, Reports and Records
Drawings and Specifications
Shop Drawings
Materials, Services and Facilities
Inspection and Testing
Substitutions
-Patents
Surveys, Permits and Regulations
Protection of Work, Property and Persons
Supervision by Contractor
Changes in the Work
Changes in Contract Price
Time for Completion and Liquidated Damages
Correction of Work
Subsurface Conditions
Suspension of Work, Termination and Delay
Payments to Contractor
Acceptance of Final Payment as Release
Insurance
Contract Security
Assignments
Indemnification
Separate Contracts
Subcontracting
Engineer's Authority
Land and Rights-of-Way
Guarantee
Taxes
Work Adjacent to Railway or Other Property
Order and Discipline
Warning Devices and Signs
Special Restrictions
As-Built Drawings
Contractor Not to Hire Employees of the Owner
GC-l
Page
2
4
4
4
5
6
6
7
8
8
9
10
10
10
11
11
12
12
14
16
16
18
18
19
19
20
20
21
21
21
22
22
22
22
22
23
.
GC - 01.
DEFINITIONS:
.
Wherever used in the Contract Documents, the following
terms shall have the meanings indicated which shall be applicable
to both the singular and plural thereof.
.
1. ADDENDA: Written or graphic instruments issued prior to the
execution of the Agreement which modify or interpret the
Contract Documents, Drawings and Specifications, by addition,
deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the
prescribed form setting forth the prices for the work to be
performed.
...
..
3. BIDDER: Any person, firm or corporation submitting a bid for
the work.
4. BONDS: Bid, Performance and Payment Bonds and other
instruments of security furnished by the Contractor and his
Surety in accordance with the Contract Documents.
....
5. CHANGE ORDER: A written order to the Contractor authorizing
an addition, deletion or revision in the work within the
general scope of the Contract. Documents or authorizing an
adjustment in the contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including Advertisement for
Bids, Information for Bidders, Proposal, Bid Bond, Notice of
award, Agreement, Performance Bond, Payment Bond,Notice to
Proceed, Change Order, General Conditions, Supplemental
General Conditions, Special Conditions,. Technical
Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor
under the terms and conditions of the Contract Documents.
8. CONTRACT TIME: The number of calendar days stated in the
Contract Documents for the completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the contract from
Notice to Proceed to completion of all the work.
10. CONTRACTOR: The person, firm or corporation with whom the
Owner has executed the Agreement.
11. DRAWINGS: The part of the Contract Documents which show the
characteristics and scope of the work to be performed and
which have been prepared or approved by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in
the Contract Documents.
GC-2
.
.
13. FIELD ORDER: A wr~tten order effectirt~ a change in the work
not involving an adjustment in the contract price or an
extension of the contract time issued by the Engineer to the
Contractor during cohst~uction~
14. NOTICE OF AWARD: The written notice of the acceptance of the.
Bid from the Owner to the successful Bidder.
.
15. NOTICE TO PROCEED: Written communication issued by the Owner
to the Contractor authorizing him to proceed with the work and
establishing the date of commencement of the work.
16. OWNER: A publi~or quasi-public body or authority,
corporation, association, partnership or individual for whom
the work is to be performed.
.
17. PROJECT: The undertaking to be performed as provided in the
Contract Documents.
..
..
18. RESIDENT PROJECT REPRESENTATIVE: The authorized
representative .of the Owner who is assigned to the project
site or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations,
brochures, schedules, and other data which are prepared by the
Contractor, a Subcontractor, Manufacturer, Supplier or
Distributor,which illustrate how specific portions of the
work shall be fabricated or installed.
...
20. SPECIFICATIONS: A part of the Contract Documents consisting
of written descriptions of a technical nature or materials,
equipment, construction systems, standards and workmanship.
-
21. SUBCONTRACTOR: An individual, firm or corporation having a
direct contract with the Contractor or any other Subcontractor
for the performance of a part of the work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the
Engineer when the.construction of the project or a specified
part can be utilized for. the purposes for which it is
intended.
23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or
additions to the General Conditions of a specific nature
generally aimed at the.specific contract of which it is a
part.
-:
24. SUPPLIERS: Any person, supplier or organization who supplies
materials or equipment for the work, including that fabricated
to a special design, but who does not perform labor at the
site. -
25. WORK: All labor necessary to produce the construction
required by the. Contract Documents and all materials and
equipment incorporate4 o~ to be incorporated in the project.
GC-3
.
.
.
.
.
-
..
-
-
...
)
26. WRITTEN NOTICE: Any notice to any ,party .of the Agreement
relative to any part of this .Agreement in writing and
considered delivered and the service thereof completed, when
posted by certified or registered mail to the said party at
his last given address 6r delivered in person to said party or
his authorized represe~tative on the work.
GC':"'"02.
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions and
detail drawings, by the Engineer, as necessary to carry out
the work required by the Contract Documents.
2. The additional drawings and. instructions thus. supplied will
become a part of the Contract Documents. The Contractor shall
carry out the work in accordance with the additional detail
drawings and instructions.
GC-03.
SCHEDULES, REPORTS AND RECORDS:
1. The Contractor shall submit to the Owner such schedule of
quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as the Owner may request
concerning the work performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor
shall submit schedules showing the order in which he proposes
to carryon the wor~, including dates at which he will start
the various parts of the work, estimated date of completion of
each part and as applicable:
2.1 the dates at. which special detail drawings will be
required; and
2.2
respective dates for submission of shop drawings,
beginning of manufacture, the testing and
installation.of materials, supplies and equipment.
the
the
3. The Contractor sh~lI also submit a schedule of payments that
he ariticipates he. will earn during the course of the work.
GC-04.
DRAWINGS AND SPECIFICATIONS;
1. The intent of the drawings and. specifications is that the
Contractor shall furnish all labor, materials, tools,
equipment and transportation ne6essary .for tbe proper
execution of the work i~ accordance with the Contract
Documents and all incidental work necessary to complete the
project in an acceptable manner, ready for use, occupancy or
operation by the Owner.
2. In case of conflic~ between the drawings and specifications,
the specifications shall govern. Figure dimensions on
drawings shall govern over general drawings.
GC-4
-
-
..
3. Any discrepancies found between. the drawings and
specifications and site conditions or any inconsistencies or
ambiguities in the drawings or specifications shall be
immediately reported to the Engineer, in writing, who shall
promptly correct such inconsistencies or ambiguities in
writing. Work done by the Contractor after his discovery of
such discrepancies, inconsistencies or ambiguities shall be
done at the Contractor's risk.
.
4. All work that may be called for in the specific~tionsand not
shown on the drawings, or shown and not called for in the
specifications, .shall -be executed and furnished by the
Contractor as if describ~d in both these ways.and should any
work or material be required which is not detailed in the
specifications or drawings, either directly or indirectly, but
which is nevertheless necessary for the proper carrying out of
the intent thereof, the contractor is to understand the same
to be implied and required and shall perform all such work and
furnish any such material as fully as if they were
particularly delineated or described.
-
-
-
...
5. It is understood and agreed that the Contractor, by careful
examination, has satisfied himself as to the nature and
. location of' the work, the conformation of. the ground, the
character, . quality 'and quantity of the materials to be
encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the
general and local conditions and all other matters which can
in any way affect the work under this cohtract. No v~rbal'
agreement or conversation with any officer, agent or employee
of the Owner, either before or after the e~ecution of this
contract, shall .affect or modify any of the terms or
obligations herein contained.
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GC-05.
SHOP DRAWINGS:
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1. The Contractor shall provid,e shop drawings as may be necessary
for the prosecution of the work as required by the Contract
Documents. The Engineer shall promptly review all shop
drawings. The Engineer's approval of any shop drawings shall
not release the Contractor from responsibility for deviations
from the Contract Documents. The approval of any shop drawing
which substantially deviates from the requirement of the
Contract Documents shall be evidenced by a Change Order.
2. When submitted for the Engineer's review, shop drawings shall
bear the Contractor's.' certification that he has reviewed,
checked and approved the shop drawings and that they are in
tonformance with the tequirements of the Contract Documents.
3. Portions of the work that require shop drawing or sample
submission shall not. begin until the shop drawing or
submission has been. approved by the Engineer. A copy of each
approved shop drawing and each approved sample shall be kept
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in 'good order by the Contractor at the site and shall be
available to the Engineer. ,
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GC-06.
MATERIALS, SERVICES AND FACILITIES:
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1. It is understood that, except as otherwise specifically stated
in the Contract Documents, the Contractor shall provide and
pay for all materials, labor, tools, equipment,'water, light,
power, transportation; supervision, temporary construction of
any nature and all other services and facilities of any nature
whatsoever necessary to execute, complete and deliver the work
within the specified time. '
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2. Materials and equipment'shall be s9 stored as to insure the
preservation of their quality and fitness for the work.
Stored materials and equipment to be incorporated in the work
shall be located so as to facilitate prompt inspection.
3. Manufactured articles, materials and equipment shall be
applied, installed, connected, erected, used, cleaned and
conditioned as directed by the manufacturer.
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4. Materials, supplies or equipment shall be in accordance with
samples submitted by the Contractor and approved by the
. Engineer. .
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5. Materials, supplies or equipment to be incorporated into the
work and purchased by the Contractor or the Subcontractor will
be subject to a chattel mortgage or under a conditional sale
contract or other agreement by which an interest is retained
by the seller.
GC-07. .
INSPECTION AND TESTING:
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1. All materials and equipment used in the construction of the
project shall be subject to adequate inspection and testing in
accordance with generally accepted standards.
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3.
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The Contractor shall provide, at his expense, the necessary
testing and, inspection services required by the Contract
Documents, unless otherwise provided.
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The Owner shall provide all other inspection and testing
services required by the Contract Documents.
I f the Contract Documents, laws, ordinances, rules,
regulations or orders of any public authority having
jurisdiction require 'any work to specifically be inspected,
tested or approved by someone other that the Contractor, the
Contractor will give the. Engineer timely notice of readiness.
The Contractor will then furnish the Engineer the required
certificates of inspection, testing or approval.
S. Neither observation by the Engineer nor inspections, tests or
approvals by persons other than the Contractor shall relieve
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the Contractor from his obligations to perform the work in
accordance with the requirements of the Contract Documents.
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6. The Engineer and his representatives will at all times have
access to the work. ~~n addition, authorized representatives
and agents of any participating Federal or State Agency 'shall
be permitted to insp~ct all work, materials, payrolls, records
of personnel, invoices of materials and other relevant data
and records. The Contractor will provide proper facilities
for such access and observation of the work and also for any
inspection or testing thereof.
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7. If any work is covered contrary to the written request of the
Engineer, it must, if requested by the Engineer, be uncovered
for his observation and replaced at the Contractor's. expense.
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8. If any. work has been, covered which the Engineer has not
specifically requested to observe prior to its being covered
,or if the Engineer considers it necessary or advisable that
covered work be inspected or tested by others, the Contractor
at the Engineer's request, will uncover, expose or otherwise
make available for observation, inspection or testing as the
Engineer may require, ,that portion of the work in question,
furnishing all necessary labor, materials, tools and
equipment. If it is found that such work is defective, the
Contractor will bear" all the expenses of such uncovering,
exposure, observation, inspection and testing and of
satisfactory reconstruction. If, however, such work is not
found to be . defective, the Contractor will be allowed an
. increase in the contract price or an extension of the contract
time, or both" directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction
and an appropriat~ change order shall be issued.
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9 . The Contractor shall give the. Engineer 24 hours notice of
starting any new work. No work shall be done or materials
used without suitable supervision and inspection by the
Engineer. The Contract,or .shall furnish the Engineer with
necessary samples of,materi-al for testing purposes.
GC-08.
SUBSTITUTIONS:
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1. When a material, article or piece of equipment is identified
on the drawings or specifications by reference to,brand name
or catalogue number, the. performance or other salient
requirements and that.' other products of equal. capaci ties,
quality and function shall be considered. The Contractor may
recommend the substitution of a material, article or piece of
equipment of equal substance and function for those referred
to in the Contract Documents by reference to brand name or
catalogue number and if, in the opinion of the Engineer, such
material, article or piece'of equipment is of equal substance
and function to that specified, the Engineer may approve its
sqbstitution and use by the Contractor. Any cost differential
shall be deducted from the contract price and the Contract
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Documents shall be appropriately mod~fied by change order.
The Contractor warrants that if substitutes are approved, no
major changes in the function or general design of the project
will result. Incidental changes or extra component parts
required to accommodate the substitute will be made by the
Contractor without a change in the contract price or contract
time.
GC-09.
PATENTS:
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1. The Contractor shall pay all applicable royalties and license
fees. He shall defend all suits or claims for infringement of
any patent rights and save the Owner harmless from loss on
account thereof except that the Owner shall be responsible for
any such loss when a particular process, design or the product
of a'manufacturer or manufacturers is specified, but if the
Contractor has reason to believe that the design, process or
'product specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such
information to the Engineer.
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GC-IO.
SURVEYS, PERMITS AND REGULATIONS:
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1. The Owner shall ,furnish all land surveys and establish all
base lines for locating the principal component parts of the
work together with a sui table number of benchmarks adj acent to
the work as shown. in the Cont.ract Documents. From the
information provided'by the Owner, unless otherwise specified
in the Contract Documents, the. Contractor shall develop and
make all detail surveys needed for construction such as slope
stakes, batter boards, stakes for pile locations and other
working points, linesl elevations and cut sheets.
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2. The Contractor shall carefully preserve benchmarks, reference
points and stakes' and in case of willful or careless
destruction, ne shall be charged with the resulting expense
and shall be responsible for any mistakes that may be caused
by their unnecessary loss or disturbance.
3. Permits and licenses of a temporary nature necessary for the
prosecution of thework,shall be secured and paid for by the
Contractor. Permits, licenses and easements for permanent
structures or permanent ~hanges in existing facilities shall'
be secured and paid for by the Owner, unless otherwise
specified. The Contractor. shall give all notices.and comply
with all,laws, ordinances, rules and regulations bearing on
,the conduct of the work as drawn and specified. If the
Contractor observes that the Contract Documents are at
variance therewith, he. ihall promptly notify the Engineer in
writing and any necessary changes shall be adjusted as
provided in Section 13, Changes in the Work.
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GC -11.
PROTECTION OF WORK, PROPERTY AND PERSONS:
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1. The Contractor will be responsible for initiating, maintaining
and supervising all safety prec~utions and programs in
connection with the. work. 'He will take all necessary
precautions for the safety of and will provide the necessary
protection to prevent damage, injury or loss to all employees
on the work and other persons who may be affected thereby, all
the work and all .materials or equipment to be incorporated
therein, whether in storage on or off the site or other
property at the site or adjacent thereto, including trees,
shrubs, lawns, walks,' pavements, roadways, structures and
utili ties not. designated for removal, . relocation or
replacement in the course of construction.
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2. The Contractor will comply with all applicable laws,
ordinances, rules, regulations and orders of any public body
having jurisdiction. He will erect and maintain, as required
by the conditions and progress of the work, all necessary
safeguards for safety and protection. He will notify the
owners of adjacent utilities when prosecution of the work may
affect them. The Contractor will remedy all damage, injury or
loss to any property caused, directly or indirectly, in whole
or in part, by the Contractor, and subcontractor or anyone
directly or indirectly employed by any of them'or anyone for
whose acts any of them are liable, except. damage or loss
attributable to the fault of the Contract Documents or to the
acts or omissions of the Owner or the Engineer or anyone
employed by either of them or anyone for whose acts either of
them may be liable .and not attributable, directly or
indirectly~ in whole or'in part, to the fault or negligence of
the Contractor.
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3. In emergencies affecting the safety of persons or the work or
property at the site or adjacent thereto, the Contractor,
without special instructions or authorization from the
Engineer or Owne~, shall act to prevent threatened damage,
injury or loss. He will give the Engineer prompt written
notice of any significant changes in the work or deviations
from the Contract Dqcuments caused thereby and a Change Order
shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the
risk of the Contractor until finished and accepted, except to
damage or injury caused directly by the Owner's agents or
employees. .
GC-12.
SUPERVISION BY CONTRACTOR:
1. The Contractor will, su~e~vise and direct the work. He will
be solely responsible for the means, methods, techniques,
sequences and procedur~s of construction. The Contractor will
employ and maintain on the. work a qualified supervisor or
superintendent who shall have been designated in writing by
the Contractor as the Contractor's representative at the site.
GC-9
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The supervisor shall ,have full authority to act on the behalf
of 'the Contractor and all communications given to the
supervisor shall be as.binding as if given to the Contractor.
The supervisor shall ,be present on the site at all times as
required to perform adequate supervision and coordination of
the work.
GC-13.
CHANGES, IN THE WORK:
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1. The Owner may at any time as the need arises, order changes
within the. scope of the work without invalidating the
Agreement. If such changes increase or decrease the amount
due under the Contract Documents or in the time required for
performance of the work, an equitable adjustment shall be
authorized by Change ,Order.
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2. The Engineer, also, may'at any time, by issuing a field order,
make changes in the details of the work. The Contractor shall
proceed with the perfo~mance of any change~ in the work so
ordered by the Engineer unless the Contractor believes that
such field orderentitles'him to a change .in the contract
price or time or both, in which event he shall give the
Engineer written notice thereof within ten (10) days after the
receipt of the ordered change pending the receipt of an
executed, change order or further instruction from the Owner.
GC-14.
CHANGES IN CONTRACT PRICE:
1. The contract price may be changed only by a change order. The
value of any work covered by a change order .or of any claim
for increase or decrease in the contract price shall be
determined by one or more of the following methods in the
order of precedence listed below:
1.1 Unit prices previously approved.
1.2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials,
supplies,' equipment and other services necessary to
complete the work. In addition there shall be added an
amount to be ag~eed upon but not to exceed fifteen (15)
percent of the actual cost of the work to cover the cost
of general overhead and profit.
GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES:
1. The date of beginning and the time for completion of the work
are essential conditions of the Contract Documents and the
work embraced shall be commenced on the date specified in the
Notice to Proceed.
2. The Contractor will proceed with the work at such rate of
progress to insure full completion within the contract time.
GC-10
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It is expressly understood and agreed, by and between the
Contractor and the Owner , that the contract time for the
completion of the work ,described herein is a reasonable time,
taking into consideration the average climatic ~nd economic
conditions and other factors prevailing in the locality of the
work.
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3. If the Contractor shall fail to complete the work within the
contract time or extension of time granted by the Owner, then
the Contractor will pay to the Owner the amount for liquidated
damages as specif.ied in the bid for each calendar day that the
Contractor shall be in default after the time stipulated in
the Contract Documents.
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4. The Contractor shall"not be charged with 1iquidated damages or
any excess cost when the delay in completion of the work is
.due to the following and the Contractor has promptly ~iven
written notice of such delay to the Owner or Engineer.
4.1 To any preference,. priority or allocation order duly
issued by the Owner.
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4.2 To unforeseeable causes beyond the control and without
the fault of negligence of the Contractor, including but
not restricted tO,acts of God or of the public enemy,
acts of the Owner, acts of another Contractor in the
performance ofa contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes and abnormal and unforeseeable weather; and
4.3 To any delays of 'subcontractors occasioned by any of the
causes specified fn Paragraphs 4.1 and 4.2 of this
Article.
GC-16. CORRECTION OF WORK:
1. The Contractor shall promptly remove from th~ premises all
work rejected by the' Engineer for failure. to comply with the
Contract Documentsi whether incorporated in the construction
or not and the Contractor shall promptly replace and re-
execute the work in accordance with the Contract Documents and
without expense to the Owner and shall bear the expense of
making good all work of other Contractors destroyed or damaged
by such removal 6rreplacement.
2. All removal and re~lacement work shall be done at the
Contractor's expense. If the Contractor does not take action
to remove such rejected work. wi thin ten (10) days after
receipt of written notice, the Owner may remove such work and
store the materials at the expense of the Contractor.
3. Any omissions or, failure on the part of. the Engineer to
disapprove or reject any work or material shall not be
construed to be .an acceptance of any defective work or
material. The Contract~r shall remove, at his own expense and
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shall rebuild and replace same without e~tra charge and in
defaul t thereof the same may be done by the Owner at the
Contractor's expense or in case the Engineer shall not
consider the defect of sufficient importance to require the
Contractor to rebuild or replace any imperfect work or
material, he shall have ~the power and is hereby authorized to
make an equitable deduction from the stipulated price.
GC-17.
. SUBSURFACE CONDITIONS:
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1. The Contractor shall promptly and before such conditions are
disturbed, except in the event of an emergency, notify the
Owner by written notice of:
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1.1 Subsurface or latent physical conditions at the site
differing materially from those indicated in the Contract
Documents.
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1.2 Unknown physical conditions at the site, of an unusual
nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work
of the character provided for in the Contract Documents.
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2. The Owner shall promptly investigate the conditions and if he
.finds that such conditions do so materially differ and cause
an increase or decrease in the cost of, or in the time
required, for performance of the work, an equitable adjustment
shall be made and the Contract Documents shall be modified by
a Change Order. Any claim of the Contractor for adjustment
hereunder shall not be allowed unless he has given the
required written notice; provided that the Owner may, if he
determines the facts so justify, consider and adjust any such
claims asserted before the date of final payment.
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GC-18.
SUSPENSION OF THE WORK, TERMINATION AND DELAY:
1. The Owner may, at any time and without cause, suspend the work
or any portion thereof for a period of not more than ninety
days or such further time as agreed upon by the Contractor, by
written notice to the Contractor. The Engine~r shall fix the
date on which work shall be resumed. The Contractor will
resume that work on the date so fixed. The Contractor will be
allowed an increase in the contract price, an extension of the
contract time, or both, directly attributable to any
suspension.
2. If ,the Contractor is adjudged bankrupt or insolvent, or if he
makes a general assignment for the benefit of his creditors or
if a trustee or- receiver is appointed for the Contractor or
for any of his property or if he files a petition to take
advantage of any debtor's act. to reorganize under the
bankruptcy or applicable laws or if he repeatedly fails to
supply sufficient skilled workmen or suitable materials or
equipment, or if h~ repeatedly fails to make prompt payments
to subcontractors or for labor, materials or equipment or if
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he disregards laws, ordinances, rules, regulations or orders
of any public body having jurisdiction of the work or if he
disregards the authority' of the Engineer, or if, in the
opinion of the Engineer, the Contractor fails to make
satisfactory progress in prosecuting the work, or if he
otherwise violates any provision of the Contract Documents,
then the Owner may, without prejudice to any other right or
remedy and after giving the Contractor and his Surety a
minimum of ten (10) days from delivery of a written notice,
terminate the servi~es of the Contractor and take possession
of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor and finish the work by whatever method he may deem
expedient. In such case, the Contractor shall not be entitled
to receive any further payment until the work is finished. If
the unpaid balance of 'the Contract Price exceeds the direct
and indirect costs of. completing the ,Project, including
compensation for addi tional professional services, such excess
shall be paid to the Contractor. If such costs exceed such
unpaid balance,the Contractor will pay the difference to the
Owner. Such costs incurred by'the Owner will be determined by
the Engineer and incorporated in a Change ,Order.
3. The Contractor must obtain permission from the Engineer before
any equipment can be' removed from the job site. In the event
such equipment is removed without the Engineer's approval, the
job will be terminated until such time as the equipment is
returned to the project and any time and money lost by the
Contractor as a result of moving the equipment shall be
absorbed by the Contractor.
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4. Where the Contractor's services have been so terminate by the
Owner, said termination shall not affect any right of the
Owner against the Contractor then existing or which may
thereafter accrue. Any retention or payment of monies by the
Owner due the Contractor will not release the Contractor from
compliance with the Contract Documents.
5. After ten (10) days from delivery of a written notice to the
Contractor and the Engineer, the Owner, may, without cause and
without prejudice to any' other right or remedy, elect to
abandon the Project and terminate the Contract. In such case,
the Contractor shall be paid for all work executed and any
expense sustained plus reasonable profit.
6. If, through no act or fault of the Contractor, the work is
suspended for a period of more than ninety (90) days by the
Owner or under an order of court or other public authority of
the Engineer fails to act on any request for payment within
thirty (30) days after it is submitted or the Owner fails to
pay the Contractor substantially the sum approved by the
Engineer within thirty (30) days of its approval and
presentation, then the Contractor may after ten (10) days from
delivery of a written notice to the Owner and the Engineer,
terminate the Contract and recover from the Owner payment for
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all work executed and all expenses sustained. In addition,
and in lieu of terminating the Contractj if the Engineer has
failed to act on a request for. payment or if the Owner has
failed to make any payment as aforesaid, the Contractor may,
upon ten (10) days notice to the Owner and the Engineer, stop
the work until he has been paid all amounts then due, in which
event and upon resumption of the work, Change Orders shall be
issued for adjusting the contract price or extending the
contract time or both to compensate for the costs and delays
attributable to the stoppage of the work.
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7. If the performance of all or any portion of the work is
suspended, delayed, or interrupted as a result of a failure of
the Owner or the Engineer to act within the time specified in
the Contract Documents, or if no time is specified, within
reasonable time, an adjustment in the contract price or an
extension of the contract time or both, shall .be made by
Change Order to compensate the Contractor for the costs and
delays necessarily caused by the failure of the Owner or the
Engineer.
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GC-19.
PAYMENTS TO THE CONTRACTOR:
1. Between the first (1st) and the fifth (5th) of each month, the
Contractor will submit to the Engineer a partial payment
estimate filled out and signed by the Contractor on an
approved form covering the work performed during the period
covered by the partial payment estimate and supported by such
data as the Engineer may reasonably require. If payment is
requested on the basis of materials and equipment not
incorporated in the work but delivered and suitably stored at
or near the site, the partial payment estimate shall also be
accompanied by such supporting data, satisfactory to' the
Owner, as will establish the Owner's title to the material and
equipment and protect his interest therein, including
applicable insurance. The Engineer 'will, wi thin ten days
after receipt of each partial payment estimate, either
indicate in writing his approval of payment and present the
partial payment ~stimate to the Owner, or return the partial
payment estimate to the Contractor indicating in writing his
reasons for refusing'to approve payment. In the latter case,
the Contractor may make the necessary corrections and resubmit
the partial payment es~imate. The Owner will, within ten days
of presentation' to him of an approved partial payment
estimate, pay the Contractor a progress payment on the basis
of the approved partial payment estimate. The Owner shall
retain ten (10%) ,percent of the amount of each payment until
final completion and acceptance of all work covered by the
Contract Documents. The Owner at any time, however, after
fifty (50%) percent of the work has been completed, if he
finds that satisfactory progress is being made, shall reduce
retainage to five (5%) percent on the current and remaining
estimates. On completion and acceptance of a part of the work
on which the price is stated separately in the Contract
GC-14
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Documents, payment may be made in full, including retained
percentages, less authorized deductions.
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2. The request for payment may also include an allowance for the
cost of such major materials and equipment which are suitably
stored either at or near the site.
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3. All work covered by partial payment shall thereupon become the
sole property of the Owner, but this provision shall not be
construed as relieving the Contractor of the sole
responsibility for the care and protection of the work upon
which payments haVe been made or the restoration of any
damaged work, or as a waiver of the right of the Owner to
require the fulfillment of all terms of the Contract
Documents.
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4.. .. Upon completion and acceptance of the work, the Engineer shall
issue a certificate attached to the final payment request that
the work has been accepted by him under the conditions of the
Contract Documents. The entire balance found to be due the
Contractor, including the retained percentages shall be paid
to the Contractor, except such sums as may be lawfully
retained by the Owner for saving the Owner or the Owner's
agents harmless from all claims growing out of the lawful
demands of Subcontract6rs, laborers, workmen, mechanics,
materialmen and furnishers of machinery and parts thereof,
equipment, tools and supplies, incurred in the furtherance of
the performance of the work. The Contractor shall, at the
Owner's request, furnish satisfactory evidence that all
obligations of the nature designated above have been paid,
discharged, or waived. If the Contractor fails to do so, the
Owner may, after having notified the Contractor, either pay
unpaid bills or withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably sufficient to
pay any and all such.lawful claims until satisfactory evidence
is furnished that all liabilities have been fully discharged
whereupon payment to the Contractor shall be resumed, in
accordance with the terms of the Contract Documents, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the
Contractor, his Surety, or any third party. In paying any
unpaid bills of the Contractor, any payment' so made by the
Owner shall be considered as a payment made under the Contract
Documents by the Owner to the Contractor and the Owner shall
not be liable to the Contractor for any such payments made in
good faith.
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5. If the Owner fails to make payment 30 days after approval by
the Engineer, in, addition to other remedies available to the
Contractor, there shall be added to each such payment,
inte'rest at the maximum legal rate commencing on the first day
after said payment is due and continuing until the payment is
received by the Contractor.
GC -15.
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GC-20.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
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1. The acceptance by the Contractor of final payment shall be and
shall operate as a release to the Owner of all claims and all
liabili ty to the contractor other than claims in stated
amounts as may be specifically excepted by the Contractor for
all things done or furnished in connection with this work and
for every act and neglect of the Owner and other relating to
or arising out of this work. Any payment, however, final or
otherwise, shall not release the Contractor or his Sureties
from any obligations under the Contract Documents or the
Performance Bond and Payment Bonds.
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GC - 21.
INSURANCE:
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1. The Contractor shall purchase and maintain during the life of
this Contract such insurance as will protect him ,from claims
set forth below which may arise out of or result from the
Contractor's execution of the work, whether such execution by
himself or by any Subcontractor or by anyone directly or
indirectly employed by any of them or by anyone for whose acts
any of them may be liable.
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1.1 Claims under Workman's Compensation, disability benefit
and other similar employee benefit acts,
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1.2 Claims for damages because of bodily injury, occupational
sickness or disease or death of his employees,
1.3 Claims for damages because of bodily injury, sickness or
disease or death of any person other than his employees,
l.4 Claims for damages insured by usual personal injury
liability coverage which are sustained (1) by any person
as a result of an offense directly or indirectly related
to the employment of such person by the Contractor or (2)
by any other person; and
1.5 Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting
therefrom.
2. Certificates of Insurance acceptable to the Owner shall be
filed with the Owner,prior to commencement of the work. These
Certificates shall contain a provision that coverage afforded
under the policies will not be cancelled unless at least
fifteen (15) days prior written notice has,been given to the
Owner.
3. The Contractor shall procure and maintain, at his own expense,
during the Ii fe of the Contract, liability insurance as
hereinafter specified.
3.1 Contractor's General Public liability and Property Damage
insurance including vehicle coverage. issued to the
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Contractor and protecting him from all claims for
personal injury, including death, and all claims for
destruction of or damage to property, arising out of or
in connection with any operations under the Contract
Documents, whether such operations be by himself or by
any Subcontractor under him or anyone directly or
indirectly employed by the Contrac.tor or by a
Subcontractor under him. Insurance.shall be written with
a limit of liability of not less than $200,000 for all
damages arising out of bodily injury, including death, at
any time resulting therefrom, sustained by anyone person
in anyone accident; and a limit of liability of not less
than $500,000 for any such damages sustained by two or
more persons in anyone accident. Insurance shall be
wri tten with a limit of liability of not less than
$100,000 for all property damage sustained by anyone
, person in anyone accident; and a limit of liability of
not less than $200,000 for any such damage sustained by
two or more persons in anyone accident.
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3.2 The Contractor shall acquire and maintain, if applicable,
Fire and Extended Coverage insurance upon the Project to
the full insurable value thereof for the benefit of the
Owner, the Contractor' and Subcontractor as their interest
may appear. This provision shall in no way release the
Contractor or Contractor's Surety from obligations under
the Contract Documents to fully complete the Project.
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4. The Contractor shall procure and maintain, at his own expense,
during the life of the Contract, in accordance with the
provisions of the laws of the state in which the work is
performed, Workman's Compensation Insurance, including
occupational disease provisions, for all of his employees at
the site of the project and in case any work is sublet, the
Contractor shall require such Subcontractor similarly to
provide Workman's Compensation Insurance, including
occupational disease provision for all of the latter's
employees unless such employees are covered by the protection
afforded by the Contractor. In case any class of employees
engaged in hazardous work under this Contract at the site of
the Project is not protected under Workman's Compensation
statute, the Contracto~ shall provide and shall cause each
Subcontractor to provide adequate and suitable insurance for
the protection of his employees not otherwise protected.
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5. The Contractor shall secure, if applicable, "All.Risk" type
Builder's Risk Insurance for work to be performed. Unless
specifically authorized by the Owner, the amount of such
insurance shall not be less than the contract price totaled in
the bid. The policy shall cover not less than the losses due
to fire, explosion, hail, lightening, vandalism, malicious
mischief, wind, collapse, riot, aircraft and smoke during the
contract time and until the work is accepted by the Owner.
The policy shall name as the insured the Contractor, the
Engineer and the Owner.
GC-17
.
GC-22.
CONTRACT SECURITY:
.
1. The Contractor shall, within ten (10) days after the receipt
of the Notice of Award, furnish the Owner with a Performance
Bond and a Payment Bond in penal sums equal to the amount of
the contract price, conditioned upon the performance by the
Contractor of all undertakings, covenants, terms, conditions
and agreements of the Contract Documents and upon the prompt
payment by the Contractor to all persons supplying labor and
materials in the prosecution of the work provided by the
Contract Documents. Such bonds shall be executed by the
Contractor and a corporate bonding company licensed tq
transact business in the state in which the work is to be
performed and named on the current list of "Surety Companies
Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570. The expense of these bonds
shall be borne by the Contractor. If at any time a Surety on
any such bond is declared a bankrupt or loses its right to do
business in the state in which the work is to be performed or
is removed from the list of Surety Companies accepted on
Federal Bonds, Contractor shall within ten (10) days after
notice from the Owner to do so, substitute an acceptable bond
(or bonds) in such form and sum and signed by such other
Surety or Sureties as may be satisfactory to the Owner. The
premiums on such bonds shall be paid by the Contractor. No
further payments shall be deemed due nor shall be made until
the new Surety or Sureties shall have furnished an acceptable
bond to the Owner.
.-
--
GC-23.
ASSIGNMENTS:
1. Neither the Contractor nor the Owner shall sell, transfer,
assign or otherwise dispose of the Contract or any portion
thereof, or his right, title or interest therein, or his
obligations thereunder, without written consent of the other
party.
GC-24.
INDEMNIFICATION:
1. The Contractor will indemnify and hold harmless the Owner and
the Engineer and their agents and employees from and against
all claims, damages, losses and expenses including attorney's
fees arising out of or resulting from the performance of the
work, provided that any such claim, damage, loss' or expense is
attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property, including
the loss of use resulting therefrom; and is caused in whole or
in part by any negligent or willful act or omission of the
Contractor and Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them
may be liable.
2. In any and all claims against the Owner or the Engineer or any
of their agents or employees, by an employee of the
GC-18
-
..
-
-
Contractor, Subcontractor, anyone directly or indirectly
employed by any of them"or anyone for whose act~ any of them
may be liable, the indemnification obligation shall not be
limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the
Contractor or any Subcontractor under Workman's Compensation
acts, disability benefit acts or other employee benefits acts.
-
--
3. The obligation of the Contractor under this paragraph shall
not extend to the liability of the Engineer, his agents or
employees arising out of the preparation or approval of maps.,
drawings, opinions, reports, surveys, change orders, design or
specifications.
GC-25.
SEPARATE CONTRACTS:
1. The Owner reserves the right to let other contracts in
connection with this Project. The Contractor shall afford
other contractors reasonable opportunity for the introduction
and storage of their materials and the execution of their work
and shall properly connect and coordinate his work with
theirs. If the proper execution or results of any part of the
Contractor's .work depends upon the work of any other
Contractor, the Contractor shall inspect and promptly report
to the Engineer 'any defects in such work that render it
unsuitable for such proper execution and results.
2. The Owner may perform additional work related to the Project
by himself or he may let other contracts containing provisions
similar to these. The Contractor will afford the other
Contractors who are parties to such contracts (or the Owner,
if he is performing the additional work himself), reasonable
opportunity for the introduction and storage of materials and
equipment and the execution of the work and shall properly
connect and coordinate his work with theirs.
3. If the performance of additional work by other Contractors or
the Owner is not noted in the Contract Documents prior to the
execution of the Contract, written notice thereof shall be
given to the Contractor prior to starting any such additional
work. If the Contractor believes that the performance of such
addi tional work by the Owner or others involves him in
addi tional expense 'or entitles him to an extension of the
contract time, he may make a claim therefor as provided in
Sections GC-13 and GC-14.
GC-26.
SUBCONTRACTING:
1. ~he Contractor may utilize the services of specialty
Subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty
Subcontractors.
GC-19
.
2. The Contractor shall not award work to Subcontractor(s), in
excess of fifty (56%) percent of the C6ntract Price, without
prior written approval of the Owner.
.
3. The Contractor shall be fully responsible to the Owner for the
acts and omissions . of 'his Subcontractors, and of persons
either directly or indirectly employed by them,as he is for
the acts and omissions of person directly employed by him. ,
-
..
4. The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind the
Subcontractors to the Contractor by the terms of the Contract
Documents insofar as applicable to the work of Subcontractors
and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over
the Contractor under any provision of the Contrac~ Documents.
-
5. Nothing contained in this Contract shall create any
contractual relation between any Subcontractor and the Owner.
GC-27.
ENGINEER'S AUTHORITY:
1. The Engineer shall act as the Owner's representative during
the construction period. He shall decide questions which may
arise as to quality and acceptability of materials furnished
and work performed. He shall interpret the intent of the
Contract Documents in a fair and unbiased manner. The
Engineer will make visits to the site and determine if the
work is proceeding in accordance with the Contract Documents.
2. The Contractor will be held strictly to the intent of the
Contract Documents in - regard to the quality of materials,
workmanship and execution of the work. Inspections may be
made at the factory or fabrication plant or the source of
material supply.
3. The Engineer will not be responsible for the construction
means, controls, techniques, sequences, procedures, or
construction safety.
4. The Engineer shall promptly make decisions relative to
interpretation of the Contract Documents.
GC-28.
LAND AND RIGHTS-OF-WAY:
1. The Owner shall provide the Contractor information which
delineates and decribes the land owned and right-of-way
acquired.
2. The Contractor shall provide at his own expense and without
liability to the Owner any additional land and access thereto
that the Contractor may desire for temporary construction
facilities, or for storage of materials.
GC-20
.
GC-29.
GUARANTEE:
.
1. The Contractor shall guarantee all materials and equipment
furnished and work performed for a period of one (1) year from
the date of substantia~ completion. The Contractor warrants
and guarantees for a period of one (1) year from the date of
substantial completion of the system that the completed system
is free from all defects due to faulty materials or
workmanship and the Contractor shall promptly make such
corrections as may be necessary by reason of such defects
including the repairs of any damage to other parts of the
system resulting from such defects. The Owner will give
notice of observed defects with reasonable promptness. In the
event that the Contractor should fail to make such repairs,
adjustments or other work that may be necessary by such
defects, the Owner may do so and charge the Contractor the
cost thereby incurred. The Performance Bond shall remain in
full force and effect though the guarantee period.
.
.
GC-30.
TAXES:
-
-
1. The Contractor will pay, all sales, consumer, use and other
similar taxes required by the law of the place where the work
is performed.
-
GC - 31.
WORK ADJACENT TO RAILWAY OR OTHER PROPERTY:
1. Whenever the work embraced in this Contract is near the
tracks, structures or buildings of the Owner or of other
railways, persons, or property, the work shall be so conducted
as not to interfere ,'with the movement of trains or other
operations of the railway, or, if in any case such
interference be necessary, the Contractor shall not proceed
until he has first obtained specific authority and directions
therefor from the proper designated officer of the Owner and
has the approval of the Engineer.
GC-32.
ORDER AND DISCIPLINE:
1. The Contractor shall at all times enforce strict discipline
and good order among his employees and any employee of the
Contractor who shall appear to be incompetent, disorderly or
intemperate or in any other way disqualified for or unfaithful
to the work entrusted to him, shall be discharged immediately
on the request of the Engineer and he shall not again be
employed on the workout with the Engineer's written consent.
GC-2l
.
GC-33.
WARNING DEVICES AND SIGNS:
.
1. The Contractor shall furnish, erect, paint and maintain
warning devices when construction is on or near public streets
for the protection of vehicular and pedestrian traffic. Such
devices will be in accordance with the Georgia Manual on
Uniform Traffic Control Devices for Street and Highways, July,
1962, "Traffic Control for Highway Construction and
Maintenance Operations," Section III-1 through III-75.
.
2. On a 20" x 30" sign, mounted on a solid post, 8 feet above the
ground, indicating "the name and night phone number of the
Contractor in 4" letters, shall be erected at each end of the
project throughout the construction and maintenance periods.
The Contractor may remove the sign following the maintenance
period.
.
GC-34.
SPECIAL RESTRICTIONS:
1. No work shall be allowed after the hours of darkness or on
Sunday without written permission of the Owner.
-
GC-35. AS-BUILT DRAWINGS: The contractor shall maintain a set of
as-built Drawings in the construction trailer or office,as
applicable. All deviations or important measurements shall be
recorded on the as-builts daily. Measurements should be made
form visible surface objects such as manholes, fire hydrants,
valves, property corners," fence corners, etc.. Measurements
shall locate underground and surface objects by two
measurements as stated above. These measurements should
be to the nearest tenth of a foot. Three sets will be
provided at the contractors expense, one set must be the
originals drawn in red ink while the remainder may be
copies. Each shall be clearly marked on the first sheet
in on inch letters "As-Built Drawings".
....
GC-36.
CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER:
1. The Contractor shall not employ or hire any of the employees
of the Owner.
GC-22
.
SECTION SGC-O
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
-
-
SECTION
TITLE
SGC-Ol.
Rights-of-Way
SGC-02.
Estimate of Quantities
.-
SGC-03.
contractor's Breakdown of Lump Sum Payment Items
SGC-04.
Prior Use By Owner
SGC-05.
Cleaning Up
SGC-06.
Maintenance of Traffic
SGC-07.
Maintenance of Access
SGC-08.
Erosion Control and Restoration of Property
SGC-09.
Bypassing Sewage
SGC-10.
Safety and Health Regulations
SGC-l1.
Pre~construction Conference
SGC-O
.
SECTION SGC-O
SUPPLEMENTAL GENERAL CONDITIONS
.
SGC-Ol.
RIGHTS-OF-WAY:
.
The Owner will furnish all land and rights-of-way
necessary for the carrying out of this contract and the completion
of the work herein contemplated and will use due diligence in
acquiring said land and rights-of-way as speedily as possible. But
it is possible that all land and rights-of-way may not be obtained
as herein contemplated before construction begins, in which event
the Contractor shall begin his work u~on 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-02.
ESTIMATE OF QUANTITIES:
-
...
The estimated quantities of work to be done and materials
to be furnished under this contract if shown in any of the
documents including the bid are given only for use in comparing
bids and to indicate approximately the total amount of the contract
and the right is especially reserved except as herein otherwise
specifically limited to increase or diminish them as may be deemed
reasonably necessary or desirable by the Owner to complete the work
contemplated by 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.
-.
GC-03.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
-.
The Contractor shall, immediately after the contract has
been awarded, submit to the Engineer for his approval, a breakdown
showing estimates of all costs apportioned to the major elements of
equipment, material and labor comprising the total work included
under any of the lump sum items shown in the proposal. These
estimates as approved will serve as the basis for estimating of
payments due on all progress estimates.
SGC-04.
PRIOR USE BY OWNER:
Prior to completion of the work, the Owner may take over
the operation and/or use of the incompleted project or portions
thereof. Such prior use of the facilities by the Owner shall not
SGC-1
.
be deemed as acceptance of any work or relieve the Contractor from
any of the requirements of the Contract Documents.
.
SGC-05.
CLEANING UP:
.
The Contractor shall keep the premises free from the
accumulation of waste material and rubbish and upon completion of
the work, prior to final acceptance of the completed project by the
Owner, he shall remove from the premises all rubbish, surplus
materials, implements, tools, etc., and leave his work in a clean
condition, satisfactory to the Engineer. Period cleaning will be
scheduled by a representative of the owner.
SGC-06.
MAINTENANCE OF TRAFFIC:
-
...
In any work within the public right-of-way, the
Contractor shall provide adequate warning and protection for
pedestrian and vehicular traffic from any hazard arising out of the
Contractor's operations and will be held responsible for any damage
caused by negligence on his part or by the improper placing of or
failure to display danger signs and road lanterns. All traffic
lanes, sidewalks and driveways will be kept open and clear at all
times except as provided below. The Contractor shall not block
traffic on any street more than 30 minutes or without written
permission from such agency. Before leaving the work each night,
it shall be placed in such condition as to cause the least possible
hazard therefrom. Should the Contractor fail to comply with the
provisions of this paragraph, the Owner may, with his own forces,
provide signs, flagmen, barricades and/or passageways or clear the
pavement and deduct the cost thereof from sums due to the
Contractor. Detours and traffic controls are to be reviewed by
Traffic Engineering before implementation.
...
SGC-07.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to
business establishments during all time they are open for business,
to churches, schools and other institutions during the time they
are open and to all residential and other occupied buildings or
facilities at all times. Bridges across open trenches and work
areas will be required to provide vehicular and pedestrian access.
Bridges with handrail protection will be required for crosswalks at
, street intersections. It is recognized that it will be necessary
to remove bridges and to block cross traffic while equipment is in
operation. The Contractor shall, however, plan and pursue his
operations so as to minimize the time that direct entrance is
blocked.
SGC-08.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and
perform operations in such a manner that siltation and bank erosion
will be minimized during all phases of construction. This work
should included protective measures in places before land
disturbing activities begin in accordance with Federal, State and
SGC-2
.
Local Ordinances covering soil erosion and siltation prevention.
Any areas disturbed during the course of construction shall be
restored to a condition equal or better. than the original
condition.
.
SGC-09.
BYPASSING SEWAGE:
.
The Contractor will be required to schedule and
coordinate construction sequences and to use temporary construction
and other approved methods which will minimize the bypassing of
sewage during construc~ion of the sewer facilities. The diversion
of sewerage to open ditches or streams will not be permitted.
SGC-IO.
SAFETY AND HEALTH REGULATIONS:
.
The Contractor shall comply with the Department of Labor
Safety and Health Regulations for construction promulgated under
the Occupational, Health and Safety Act of 1970 (PL31-596) and
under Sectlon.l07 of the Contract Work Hours' and Safety Standards
Act (PL9l-54).
SGC-l1.
PRE-CONSTRUCTION CONFERENCE:
.
A pre-construction conference may be held at
acceptable time to the Owner and the Contractor prior to
"Notice to Proceed" to coordinate the work and satisfy
requirements of the Contract Documents.
an
the
all
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....
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--
,....
SGC-3
.
.SECTION SC-O
SPECIAL CONDITIONS
.
SC-01.
SCOPE:
The project referred to in the Agreement shall consist of
the, Rehabilitation of a 72" Corrugated Metal, Pipe hereinafter
referred to by project name as Willow creeek Storm Line
Rehabilitation.
.
SC-02.
PROTECTION OF THE ENVIRONMENT:
.-
-
The Contractor will carefully schedule his work so that
a minimum amount of exposed earth will be subject to erosion by
rainfall or wind, and he will provide means satisfactory to the
Engineer to minimize the transportation of silt and other
deleterious material, into the stream beds of water courses adjacent
to the project.
All chemicals used during project construction or
furnished for project operation, whether herbicide, pesticide,
disinfectant, polymer, reactant or of other classification, must
show approval of either EPAor USDA. Use of all such chemicals and
disposal of residues shall be in conformance with printed
instructions.
SC-03.
TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on
the site for workmen employed in the construction work. Toilets
shall be adequate for the number of men employed and shall be
maintained in a clean and sanitary condition. Workmen shall be
required to use only these toilets. At completion of the work,
toilets used by Contractor shall be removed and premises left in
the condition required by the Contract.
SC-04. PLANS AND SPECIFICATIONS FURNISHED: The contractor will
be furnished two confirmed copies of the contract documents for his
use and that of the surety. The contractor will be provided with
five (5) sets of plaris, free of charge, for his use. Additional
copies may be purchased from the consulting engineer at the
contractors expense.
SC-05.
EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls,
sidewalks, fences, etc,are removed in accomplishing the work, each
and every item will be replaced in the same or better manner or
condition than that in which it was before construction began. The
Contractor will protect'and hold harmless the Owner from any suit,
action, or dispute whatever arising from the Contractor's work
adjacent to private property."
SC-l
.
SC-06.
SALVAGE MATERIAL:
.
All existing installations to be removed, including but
not limited to masonry and concrete rubble, track, pipe, etc. will
be disposed of at the Goodrich Street disposal site, or other
approved locations, by the Contractor. All grates, railroad ties,
manhole frames and covers, will remain the property of the Owner
and will be stockpiled at the Public Works Department, 1568 Broad
Street, in the manner directed by the Engineer.
SC-07.
REFERENCED SPECIFICATIONS:
.
.
Where specifications or standards of trade organizations
and other groups are referenced in these specifications, they are
made as much a part of these specifications as if the entire
standard or specification were reprinted herein. The inclusion of
the latest edition or revision of the referenced specification or
standard is intended.
SC-8.
TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform
Traffic Control Devices (MUTCD) of the Federal Highway
Administration, Edition of 1978. The Contractor shall give prior
written notification to and shall obtain the approval of the
Augusta-Richmond County Fire and Sheriffs Department or Traffic
Engineering on any street closures.
SC-9.
SURVEYS:
The Engineer has established base lines for locating the
principal component parts of the work, together with a suitable
number of bench marks adjacent to the work. From the information
thus provided, the Contractor shall develop and make all detail
surveys needed for construction such as slope stakes, batter
boards, stakes for pile locations and other working points, lines
and elevations.
The Contractor will diligently preserve and maintain the
position of all stakes, reference points and bench marks after they
are set and, in case of ~illful or careless destruction, he shall
be charged with the resulting expense and shall be responsible for
. any mistakes that may be caused by their unnecessary loss or
disturbance.
SC-IO.
CONSTRUCTION ORDER AND SCHEDULE:
1. The Contractor shall be responsible for the detailed order,
schedule, and ~ethods of construction activities within the
general guidelines specified for maintenance and protection of
highway and pedestrian, traffic; utility lines; drainage ways;
adjacent properties; and as otherwise specified.
2. After notice to proceed and prior to the first payment on the
contract the Contractor shall submit the following for review:
SC-2
.
A. Breakdown of contract price into units of cost for each
item required to complete the total work; this breakdown
will be the basis for judging the percentage complete at
any time.
.
B.
A statement of the order of procedure to be followed that
will result in the required protection and completion of
the work within the contract time.
C.
A bar chart showing the percentage of each item schedules
against time and so scheduled that Contractor's order of
construction is clearly shown.
.
3. With each request for payment the Contractor shall submit two
copies of the bar chart clearly marked to show the work
completed at the date of the payment requested.
.
SC-l1.
INSPECTION AND TESTING OF WORK:
The Owner shall provide sufficient competent engineering
personnel for the technical observation and testing of the work.
.
The Engineer and his representatives shall at all times
have access to the work whenever it is in preparation or progress,
and the Contractor shall provide proper facilities for such access,
and for inspections. I
Inspectors shall have the power to stop work on account
of a workman's incompetency, drunkenness, or will~ul negligence or
disregard of orders. An insp~ctor may strip the work entirely if
there is not a sufficient quantity of suitable. and approved
,materials or equipment on the ground to carry it out properly or
for any good and sufficient cause. Inspectors may not accept on
behal f of the Owner any material or workmanship which does not
conform fully to the requirements of the contract and they shall
give no orders or directions under any possible circumstances not
in accordance with the Specifications. The Contractor shall
furnish the inspector with all required assistance to facilitate
thorough inspection or the culling over or removal of defective
materials or for any other purpose requiring discharge of their
duties for which service no additional allowance shall be made.
The inspector shall, at all times, have full permission to take
samples of the materials that mayor may not be used in the work.
Any inspection provided by the Engineers is for the
purpose of determining compliance with provisions of the contract
speci f ications and is . in no way a guarantee of the methods or
appliances use by the Contractor, nor for the safety of the job.
If the specifications, the Engineer's instructions, laws,
ordinances, or any public authority require any work to be
specially tested or approved, the Contractor shall give the
Engineer timely notice of its readiness for inspection, and if the
inspection is by an authority other than the Engineer, of the date
fixed for such inspection. Inspections by the Engineer shall be
SC-3
.
made promptly, and where practicable at the source of supply., If
any work should be covered up without review or consent of the
Engineer, it must, if required by the Engineer, be uncovered for
examination and properly restored at the Contractor's expense.
.
Re-examination of any work may be ordered by the
Engineer, and, if so ordered, the work must be uncovered by the
Contractor. If such work is found to be in accordance with the
Contract Documents, the Owner shall pay the cost of re-examination
and replacement. I f such work is not in accordance with the
Contract Documents, the Contractor shall pay such cost.
.
.
The Owner will employ a qualified materials testing
laboratory, hereinafter referred to as the Laboratory, to monitor
more fully on the Owner's behalf the quality of materials and work,
and to perform such tests as may be required under the Contract
Documents as conditions for acceptance of materials and work. The
Laboratory will be solely responsible to and paid separately by the
Owner. The timing of the work of the Laboratory will be
coordinated by the Engineer through his duly authorized inspector.
-
-
Th~ Owner will bear the cost of testing a particular
material or area of the work once. Where retesting is required
following corrective measures or under other circumstances, the
Contractor shall reimburse the Owner for the cost of additional
testing.
SC-12.
Disposal of Waste Material:
-
-
All vegetation, roots, brush, sod, broken pavements,
concrete, curbs and. gutter, rubbish, and other unsuitable or
surplus material stripped or removed from the limits of
construction shall be disposed of off-site. Contractor shall
provide the Owner with documentation of off-site disposal location.
Placement of waste material shall comply with all local, state, and
Federal laws, regulations, and ordinances. Any wast.e material
placed in unauthorized disposal sites will be removed at' the
Contractors expense.
SC-4
.
REHABILITATION
OF
DRAINAGE STRUCTURES WITH SHOTCRETE
.
I. SCOPE
-
..
A. The work covered by these sp~cifications consists of all
labor, equipment, appliances and materials, and performing all
operations in connection with the rehabilitation of drainage
structures with shotcrete.
B. Shotcreting shall conform to all requirements of "Guide to
Shotcrete (ACI-506R085)" published by the American Concrete
Institutes, Detroit, Michigan except as modified by these
specifications.
-
...
C. Steel reinforcement shall be incorporated in the shotcrete as
required and shall be finished, bent, set and placed in accordance
with the provisions of these specifications.
D. The purpose of this specification is to obtain a dense and
durable concrete having the specified strength.
E. The
control.
successful bidder shall be responsible for traffic
One lane of traffic will be maintained at all times.
F. The contractor will be responsible for the cost of water &
power used for this project. It will further be responsibility of
the successful bidder to apply to the Augusta/Richmond County
Utilities Department for a fire hydrant construction meter.
II. Composition
..,..
A. Shotcrete shall be composed of portland cement, aggregate and
water so proportioned as to produce a concrete suitable for
pneumatic application.
III. Strenqth Requirements
A. Concrete ingredients shall be selected,
a manner as will produce concrete which will
dense resistant to weathering, and abrasion.
a minimum 28-day strength of 4,000 psi.
proportioned in such
be extremely strong,
Concrete shall have
IV. Materials
A. Portland Cement - Cement shall be Portland Cement conforming
to all of the requirements of the American Society for Testing
Materials Standard Specifications, Latest Serial Designation C150
for Portland Cement, Type I.
TS-l
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B. Fine Aqqreqate - Fine, aggregate shall be natural siliceous
and consisting of hard, clean, strong, durable and uncoated
particles, conforming to the requirements of American Society for
Testing Materials Standard Specifications.
.
Fine Aggregate shall not contain less than 3% nor more than 6% of
moisture.
Fine Aggregate shall be evenly graded from fine to coarse and shall
be within the following limits:
...
Passing No.
Passing No.
Passing No.
Passing No.
Passing No.
Passing No
Passing No.
3/8 Sieve
4 Sieve
8 Sieve
16 Sieve
30 Sieve
50 Sieve
100 Sieve
100%
95% to 100%
80% to 100%
50% to 85%
25% to 60%
10% to 30%
2% to 10%
C. Water - Water u~ed in mixing at the nozzle shall be fresh,
clean, and free from injurious amount of oil, acid, alkali,
vegetable, sewage, and/or organic matter.
I
D. Reinforcement - Reinforcement bars shall conform to the latest
requirements of ASTM Standard Specifications, Serial Designation A
. 615 for Deformed Billet Steel Bars for Concrete Reinforcement.
Unless Shown otherwise on the plans, all bars shall be Grade 40.
Steel mesh reinforcement shall be electrically welded, cold drawn,
mild steel fabric conforming to the latest requirements of ASTM
Standard Specifications, Serial Designation A 185 for Welded Steel
Wire Fabric for Concrete Reinforcement. Mesh can be fabricated
from cold -drawn steel wire conforming to the requirements of the
latest ASTM. '
,-
Standard Specifications, Serial Designation A82. Unless otherwise
shown on the plans, mesh shall be 2 x 2 - WO.9xWO.9 (2x2 - 12/12)
galvanized welded wire fabric.
E. Storaqe of Materials - Cement shall be stored with adequate
provisions for prevention of absorption of moisture. It shall be
stored in a manner that will permit easy access for inspection and
identification of each shipment.
Aggregate shall be stockpiled at points selected to provide maximum
drainage and to prevent the inclusion of any foreign material
during rehandling.
When delivering to the site of the work, the steel reinforcement
shall be bundled, tagged and stored so the bars for any position in
the work my be readily identified. All reinforcing steel shall be
stored on approved mater~al above the ground.
TS-2
.
V. Surface Preparation
.
A. Unsound materials of. construction and all coated, scaly, or
unsound concrete shall be removed by chipping with pneumatic
hammers and chisels to a sound surface; all cracks and cavities
shall be chipped to such formation that their sides form
approximately a 45-degree angle to the exposed surface for at least
one (10 inch depth. All areas to receive pneumatic concrete shall
be cleaned by flushing or pouring with water and compressed air
jets to assure removal of all lose particles. All areas of
existing surfaces that do not require chipping shall be given a wet
sandblasting with the shotcrete equipment and the air pressure at
the cement gun shall not be less than 50 psi.
.-
-
B. To insure perfect bond, the newly chipped and sandblasted
surface shall. be thoroughly moistened with water prior to
application of shotcrete. In no instance shall shotcrete be
applied in an area where free running water exists.
VI. Proportionina and Qualitv Assurance
A. Prior to start of shotcreting the Contractor shall submi.t to
the Owner, the recommended mix as a ratio of cement to aggregate.
The recommended mix shall ,be on the basis of test data from prior
experience, provided data submitted is adequate.
B. The Contractor shall provide all equipment necessary to
control the actual amounts of all materials entering into the
concrete. The types of equipment and method used for measuring
materials shall be subject to approval.
VII. Mixina
A. Shotcrete shall be thoroughly mixed by machine and then passed
through a sieve to remove all large particles before placing in
chopper of the cement gun. The mixture shall not be permitted to
become damp. Each batch should be entirely discharged before
recharging is begun. The mixer should be cleaned thoroughly enough
to remove all adherent materials from the mixing vanes and from the
drum at regular intervals.
B. Water in any amountcshallnot be added to the mix before it
enters the cement gun. Quantities of water shall be controlled by
a valve at the nozzle of the gun. Water content shall be adjusted
as required for proper placement, but shall in no case exceed four
gallons of water per sack of cement, including the water contained
in the aggregate.
c. Remixing or tempering shall not be permitted. ~ixed materials
that has stood 45 minutes without being used shall be discarded.
Rebound materials shall not be reused.
TS-3
.
VIII. Application
.
A. Shotcrete shall not be placed on a frozen surface nor during
freezing weather. Shotcrete shall not be placed when it is
anticipated that temperature during the following 24 hours will
drop below 32 degrees, Fahrenheit.
-
--
B. Corners shall be filled first. '''Shooting'' shall be from an
angle as near perpendicular to the surface as practicable, with the
nozzle held approximately 3 feet from the work (except in confined
control). If the flow of material at the nozzle is not uniform and
slugs, sand spots, or wet sloughs result, the nozzleman shall
direct the nozzle away from the work until the faulty conditions
are corrected. Such defects shall be replaced as the work
progresses.
C. Shotcreting shall be suspended if:
1. Air velocity separates the cement from the sand at the
nozzle.
2. Temperature approaches freezing and the newly placed
shotcrete cannot be protected.
D. Shotcrete shall be applied in one or more layers to such total
thickness as required to restore the area as detailed over the
original lines of the adjoining surface, unless otherwise
specified. All cavities, depressions, washouts and similar
failures shall be rebuilt to original lines by use shotcrete
reinforced with wire mesh. Where the cavity exceeds 4 inches in
depth a layer of mesh shall be used for each 3 inches of depth of
shotcrete. However, in no case, shall wire mesh be place behind
existing reinforcement.
E. The time interval between successive layers in slopping
vertical or overhanging work must be sufficient to allow initial
but not final set to develop. At the time the initial set is
developing, the surface shall be cleaned to remove the thin film of
lai tance in order to provide a perfect bond with succeeding,
applications.
IX. Construction Joints
A. Construction joints or day's work joints shall be sloped off
to a thin, clean, regular edge, preferable at a 45-degree slope.
Before placing the adjoinirig work, the slope portion and adjacent
shotcrete shall be thoroughly cleaned as necessary, then moistened
and scoured with an air jet.
X. Surface Finish
A. Nozzleman shall bring the shotcrete to an even plane and to
all-formed corners by working up to ground wires or other guides,
finding somewhat lower placing velocity than normal.
TS-4
.
.
XI. Curinq
-
--
A. Curing shall be in accordance with paragraph 8.7 ACI 506R-85
depending upon atmospheric condition.
.-
...
XII. Adiacent Surface Protection & Work Area Protection & Clean-up
A. During progress of the,work, where appearance is important,
adjacent areas or grounds which may be permanently discolored,
stained, or otherwise damaged by dust and rebound, shall be
adequately protected and, if contacted, shall be cleaned by early
scraping, brushing or washing, as the surroundings permit.
B. The Contractor shall utilize only eas~ment and common areas to
pursue. the work. Street areas may be used to locate the equipment
necessary for the work as long as one way traffic can be maintained
in day light hours and two way traffic in darkness.
Stock piled materials shall not come into contact with existing
grassed or paved area. Any damage to existing features that may
occur will be repaired or replaced as directed by the Engineer.
XIII. Inspection
A. Because of the importance of workmanship affecting the quality
of the shotcrete, continual inspection during placing shall be
maintained. Any imperfections discovered shall be cut out and
replaced with sound material. Safety equipment will be provided
for the Inspector by the Contractor.
XIV. Equipment
A. Cement Gun - The mixing and delivering equipment shall be
either the vertical double chamber type or rotary type. The upper
chamber of the double chamber shall receive and pressurize the dry
mix and deliver it to the lower chamber. The lower chamber shall
force the pressurized mix into the delivery hose by means of a feed
wheel. The type of, feede-!= utilized should be of sufficient
capaci ty that the lower chamber may continuously furnish all
required material to the deli very hose while the upper chamber
recei ves the ,recharge.. The rotary type cement gun shall have an
enlarged hopper to feed material into a rotating-multiported
cylinder. Material shall fall by gravity into a port which shall
then be rotated to a position in which the material is kept in good
repair. The interior drums, feed gearing and valves shall be
cleaned as often as necessary (at least once every 8-hour shift) to
prevent material from caking on critical parts.
TS-5
...
..
.
B. Nozzle - Nozzle shall be the premixing type with perforated
water feed ring inside the nozzle. The maximum length of material
hose for the application of shotcrete shall be approximately 150
feet although it shall be permissible to use as much as 800 feet of
material hose if the supply air pressure measured at the cement gun
is increased to maintain proper velocity. The following table
gives requirements for compressor size, hose size, and air pressure
using 150 feet of material hose:
TABLE I
.-
...
Compo Cap
cfm
Max. Hose
Dia. In.
Max. Size
Nozzle In.
Min. Air
Pressure psi
-
365.
600
750
1 - 5/8
2
2 - 1/2
1 - 5/8
2
2 - 1/2
60
80
90
For each 25 feet of material hose used in excess of 150 feet, the
required air pressure shall be increased by 5 psi.
C. Air Compressor - Any standard type of compressor shall be
satisfactory if it is of sufficient capacity to provide, without
interruption, the pressures and volume of air necessary for the
longest hose delivery. The air compressor capacity determinations
shall' include allowances made for the air consumed in blowing
equipment shall be of such capacity so as to insure air pressures
at the special mixer capable of producing the required material
velocities.
.:...
D. Water Supply - The water pressure at the discharge nozzle
should be sufficiently greater than the operating air pressure to
assure the water is intimately mixed with the other materials. If
the line water pressure is inadequate, a water pump or pressurized
tank shall be introduced into the line. The water pressure shall
be uniformly steady (nonpulsating).
XV. Qualifications
A. Foreman, Nozzlemen, Gunmen - Before employment on the project,
workmen must satisfy the Engineer that each has done satisfactory
work in similar capacities elsewhere for a sufficient period of
time to be fully qualified. to properly perform the work in
accordance with the requirements of the related specifications.
B. Foremen - Foreman shall have at least 4 years experience on
similar work.
C. Nozzlemen - Nozzlemen shall be qualified workmen, having had
at least 2 years experience in similar work, and it shall be his
responsibility to:
1. Insure all surfaces to be 'shot are clean and free laitance
or loose material, using air and air-and-water blast from the
nozzle as required.
TS-6
.
2. Insure the operating air pressure is uniform and provides
proper nozzle velocity for good compaction.
.
3. Regulates the water content so the mix will be plastic
enough to give good compaction and a low percentage of rebound, but
stiff enough not to sag.
4. Hold the nozzle at. the proper distance and as nearly
vertical to the surface as the type work will permit, to secure
maximum compaction with minimum rebound.
.
5. Follow a sequence routine that will fill corners with sound
shotcrete and encase reinforcement without porous material behind
the steel, using the maximum practicable layer thickness.
-
...
6. Determine necessary operating procedures for placement in
close quarters, extended distance or around unusual obstructions
where placement velocities and mix consistency must be adjusted.
7. Direct the crew when to start and stop the flow of
material, and stop the work when material is not arriving uniformly
at the nozzle.
8. Insure sand or slough pockets are cut out for replacement.
9. Bring the shotcrete to finished lines in a neat and
worklike manner.
.,...
D. Gunman - Gunman shall operate the special pneumatic mixer and
direct the work of the mixer crew. Utilizing his experience, he
shall maintain proper pressure on the cement gun to insure the
necessary nozzle velocity. He shall further see that t~e material
fed to the nozzle is uniform.
XVII. Dewaterinq Durinq Construction and Curinq
""
A. The tributary area flowing into
has a continuous spring flow that
application and curing without flow.
upper headwall can be utilize.
the pipe to be rehabilitated
must be diverted to allow
An existing overflow at the
XVIII. Payment - Payment shall be on the basis specified in the
bid.
A. Lineal Footaqe -' Contractor shall be paid per lineal foot of
pipe rehabilitated.
Note: The prices bid shall include all cost associated with the
work.
B. Responsibility for Testing - Routine testing services
will be performed by a testing agency designated by the Augusta-
Richmond- County. These testing services will be performed at the
expense of the Owner.
Testing Services - The designated testing agency will:
TS-7
.
a) Test the proposed materials, including water, for compliance
with specifications.
b) Review and check proposed mix proportions.
.
c) Secure production samples of materials at plants or stockpiles
during construction and test for compliance with ~pecifications.
d) Test strength of the shotcrete as work progress.
.
Cut cores from the structure and test in accordance with ASTM C42.
A set of three cores shall be taken not less than once each shift
nor less that once for each 50 CY (38 m ) of shotcrete placed
thr9ugh the nozzle. Cores shall be soaked in water for a minimum of
40 hours before testing. Augusta-Richmond County will be
responsible for testing cores.
.
Make one test panel with minimum dimensions of l8xl8x3 inches
(4S7x457x76 mm), gunned in the same position as the work
represented, for every 50 CY (38 m ) of shotcrete placed.
Cores shall be soaked in water for a minimum of 40 hours before
testing agency will cut three 3-inch (57mm) diameter cores or 3-
inch (76 mm) cubes from each panel for testing. Augusta-Richmond
County will be responsible for testing cores.
-
-
When the length of a core is less than twice the diameter, apply
the correction factors given in ASTM C42 to obtain the compressive
strength of individual cores.
-
--
The average compressive strength of three cores taken for the
structure or test panel representing a shift or 50 CY (38 m ) of
shotcrete, must equal or exceed 0.85 f'c with no individual core
less than 0.75 f'c. The average of three cubes taken from a panel
representing a shift or 50 CY (38 m ) of shotcrete must equal or
exceed f'c with no individual cube less than 0.88 f'c.
Final acceptance of the shotcrete will be based on results obtained
from cores. Use of data obtained from impact hammers, ultrasonic
equipment, or other nondestructive testing devices will not be
permitted for final acceptance of the shotcrete. However, these
data may be useful for determining uniformity of the shotcrete.
.TS-8
.
.
..
5'-0'"+/- 1-
. EXIST. 72- CORR.
STEEL PIPE
SHOTCREl'E. 3 INCH MIN.
2 x 2 x W 0.9 x W 0.9
~ GALVANIZED W.W. FABRIC
.....
-
VOID F1U.ED W1lH SHOTCRETE
TYPICAL SECTION THRU PIPE
NOT TO SCALE
WILLOW CREEK . PIPE REHABILITATION
r
I
/ PROJECT REFERENCE: 76-082
/
FEBRUARY 7, 1997