HomeMy WebLinkAboutPerformance Bond
Augusta Richmond GA
DOCUMENT NAME: '\,:ex-fu'(\fX)f\c.e 'o:Y1d
DOCUMENT TYPE:
YEAR: Cf6
BOX NUMBER: OL\
FILE NUMBER: \ ~5C) \
NUMBER OF PAGES: --.1!1:J
_"i
t3~ /I 13sd I
8o'"d Number K05917839
i
Performance Bond
(Conforms to AlA A312)
'Any singular reference to Contrac;tor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): "
Steve Duffie Landscaping & Grading, Inc.
5101 Hereford Farm Road
SURETY (Name and Principal Place of Business):
Indemnity Insurance Company of North America
Bond Department, TLP-33, 1601 Chestnut Street
Evans
GA 30BOH-B9SS
Philadelphia
PA
19103
OWNER (Name and Address):
Augusta-Richmond County Commission
2760 Peach Road
Augusta
GA
30906
CONSTRUCTION CONTRACT
Date: February 11, 1998
Amount: $232,253.50
Description (Name and Location):
Project ARC-U-97-00B; Sharon Road and Sandy Drive Water and Sanitary Sewer Improvements, Augusta, GA
I3CN)
Date (Not earlier than Construction Contract Date): February 19, 1998
Amount: $232,253,50 ( Two Hundred Thirty Two Thousand Two Hundred Fifty Three and 50/100 Dollars
Modifications to this Bond: ( X) Non: ( ) See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Steve Duffle Landscaping & Grading, Jnc,
SURETY Company:
Company: (Corporate Seal)
Indemnity Insurance Company of Nor America
~"..... ....
~ ~' ~V<lc-
- v- . "If-
2;~- Signatll're::',{, ' {. ,
_.=--.. _ ...,-... ..../.';1--,
~ :: Name enc(Ti{le: 'i:-
- -:::-' ,- -.'. ' ..~
:. :;- ...-, ."~;;7".T~.~~ ~.
-;-'~ . . ,~ -
. (Ant a(;jditip~al signatures appear on page 3)
/ (f- ,iL,
!
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Surety Teknicians, Inc.
1000 N. Ashley
Suite 630
Tampa, FL 33602
(813) 225.2550
etiLtV_bLLtJ1JJWAfJr--
Edward P. Mooney .
Georgia Resident Agent (
Page 1 of 6
r
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns
to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the CDntractDr performs the ,ConstructiDn Contract, the Surety and the Contractor shall have no obligatiDn under this Bond, except
to participate in conferences as provided in Subparagraph 3.1.
.. 3 If there is no Owner Default, the Surety's obligatiDn under this BDnd shall arise a,fter:'
3. kThe Owner has notified the CDntractor and th~ Surety at its address described in Paragraph 10 belDw that the Owner is
considering declaring a Contractor Default and has requested and attempted to arrange a conference with the ContractDr and
the Surety to be held not lelter than fifteen days after receipt Df such notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time tD
perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be, declared earlier than twenty days after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3,3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the CDnstruction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditiDns of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the
following actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and cDmplete the Construction CDntract; or
4.2 Undertake to perform and complete the ConstructiDn CDntract itself, through its agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals frDm qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be prepared fDr execution by the Owner and the contractor
selected with the Owner's ce,ncurrence, to be secured with perfDrmance and payment bonds executed by a qualified surety
equivalent to the bonds iSSUl3d on the Construction Contract, and pay to the Owner the amount of damages as described in
Paragraph 6 in excess of thE! Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new cDntractor and with reasonable
promptness under the circumstances:
,1 After investigation, determine the amount fDr which it may be liable tD the Owner and, as soon as practicable after
the amount is determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed'to be in default
Dn this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety
perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety
proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or
in part, without further notice the Owner shall be entitled tD enforce any remedy available to the Owner.
6 After the Owner has terminated thE! Contractor's right to complete the Construction Contract, and if the Surety elects to act under
Subparagraph 4.1, 4.2, or 4,3 above, then the respDnsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the
, Owner linder the Construction ,Contract. To ,the limit of the amDunt of this Bond, but subject to commitment by the Owner of the
Balance of the Contract Price to miti~lation of costs and damages on the Construction Contract, the Surety is obligated withDUt
duplicatiDn for:
6.1 The responsibilities of the ,Contractor for correction of defective work and completion of the'Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actiDns
or failure to act of the Surety under Paragraph 4; and
Page 2 of 6
6.3 Liquidated damages, or if no liquidated damages are specified in the ConstructiDn CDntract, actual damages caused by
delayed performance or non'performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right Df
, action shall, accrue on this Bond to any person or entity other than the Owner or its heIrs,' executors, administrators or successors.
'8 The"' Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcDntracts;
purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this BDrid may be instituted in any court of competent jurisdictiDn in the location i n which
the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the
ContractDr ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever
occurs first. If the provisions of this PElragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit ~;hall be applicable.
10 Notice to the Su rety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnishEid to comply with a statutory or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with said statutDry or legal requirement shall be deemed deleted herefrom
and provisions conforming to such sta.tutDry or other legal requirement shall be deemed incorporated herein, The intent is that this
Bond shall be construed as a statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction CDntract
after all proper adjustments have been made, including allDwance to the Contractor of any amounts received or to be received
by the Owner in settlement of insurance Dr other claims for damages to which the Contractor is entitled, reduced by all valid
and proper payments made to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including
all Contract Documents and c:hanges thereto.
12,3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perfDrm or otherwise tD
comply with the terms of the, ConstructiDn Contract.
12,4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by
the Construction Contract or to perform and complete or cDmply with the other' terms thereof,
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
None
(~pace is provided below for additional signatures Df added parties, other than those appearing on the cover page.)
.' pc,;.' CO~~~T.2R 'A.,9 PRINCIPAL
. - Company: "'" ,
,.;::.~. $I'\;~t....~--a.
:.: 7: Stevp.--.Duffle LandscapIng
- ~-~ ~ <I; ~v:.~t; ~...: ~':' ~,-. .
(Corporate Seal)
& Gradlng,lnc.
SURETY Company:
Company: (Corporate Seal)
Indemnity Insurance company, 0:/'2, ~ A~,erlca
Signatura:_'::-~-.ll ~~__
Name an~~ia, III ';"..~' ,
Attorney in Fact, Florida Resident Agent
Signature:~ n AI .' ~
Name and Title:' ~
Page 3 of 6
Bond Number K05917839
Payment Bond
(Conforms to, AlA A312)
:: ,:~!~ : Any' sin'gular,reference: .toContractor;' Surety, Owner or other party shall be considered plural where applicable.
, , CONTRACTOR (Name and Address);,
Steve Duffie Landscaping & Grading, Inc,
5101 Hereford Farm Road
SURETY (Name and Principal Place of Business):
Indemnity Insurance Company of North America
Bond Department, TLP-33, 1601 Chestnut Street
Evans
GA 30Sml-S955
Philadelphia
PA
19103
OWNER (Name and Address):
Augusta-Richmond County Commission
2760 Peach Road
Augusta
GA
30906
OONSTRUC~ONCO~CT
Date: February 11,1998
Amount: $232,253.50
Description (Name and Location):
Project ARC-U-97-00S; Sharon Roaol and Sandy Drive Water and Sanitary Sewer Improvements, Augusta, GA
BO\lD
Date (Not earlier than Construction Contract Date): February 19,1998
Amount: $232,253,50 ( Two Hundred Thirty Two Thousand Two Hundred Fifty Three and 50/100 Dollars
Modifications to this Bond: ( X) Non!3 ( ) See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Steve D~ffie Landscaping & Girading, Inc.
SURETY Company:
Company:
Indemnity Insurance
Seal)
America
_ ,:Si9~tW~,~ ;() /J~_ a~-
-~ - Nam~..and_T-it.le: ~
' ,/. . ;, 1'. .
Signatur~~_
Name and Title: Albert Elia, III
Attorney in Fact, Rorida Resident Agent
r
'/
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone),
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Surety Teknicians, Inc.
1000 N. Ashley
Suite 630
Tampa, FL 33602
(813) 225-2550
fiJJ}jgldl(JYifJfl~ #1 t__
Edward P. Mooney ::~:-''':Y'V'
Georgia Resident Agent '
Page 4 of 6
1 The Contractor and the Sure~y, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor materials and equipment furnished for use in the performance of
the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the Contractor:
, '. 2.1 Promptfymakes payment, directly or indirectly, fOr all sums due Claimants, and
2,2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or
entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use
in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and
the Surety (at the addres$ described in Paragraph 12) of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner
Default,
3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or
indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under this Bond until:
4,1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that
a claim is being made uncler this Bond and, with substantial accuracy, the amount of the claim.
4,2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner,
within 90 days after having last performed labor or last furnished materials or equipment included in the
claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was done or performed; and
,2 Have either received a rejection in whole or in part from the Contractor, or not received within 30
days of furnishing the above notice any communication from the Contractor by which the Contractor has
indicated the claim will be paid directly or indirectly; and
,3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim
is being made uncler this Bond and enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by Paragraph 4 is giver') by the Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied! the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense
take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not e~ceed the amount of this Bond, and the amount of this Bond shall be credited for
any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of
the Construction Contract and to i.atisty claims if any, under any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisty obligations of the Contractor and the Surety under this Bond, subject
to the Owner's priority to use the funds for the completion of the work.
Page 5 of 6
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shalf not be liable for payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
, '
" , 10 The'Surety hereby waives' notice: of any change, including changes of time,..to the Construction Contract' or to related
subcontracts, purchase orders and other obligations.
11 No suit or action'shalf be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in
the location in which the work or part of the work is located or after the expiration of one year from the date (1 ) on
which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2,3, or (2) on which the last labor or
service was performed by anyone. or the last materials or equipment were furnished ~y anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature
page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and pTClvisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
14 Upon request by any person elr entity appearing to be a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with the. Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of
this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract,
architectural and engineering services required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
15,2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature
page, including all ContraGt Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FO.LLOWS:
None
'(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
-- -.; '"'....- '--....,.,- .--.
. .., t--...
CONTRACTt:)R AS PRINCIPAL
Compa:ny:' . 1"\ ' "
~. ll~ly..,: ~~..r:..
. Steve' guffie Landscaping
SignalUre~ ~f2,
Name and Title:
SURETY Company: .
Company: ' (Corpor~te _Seal)
~~ .
:i:~~:~:::~~~~:~~e~~.
Name and T~~III
Attorney in Fact, Florida Resident Agent
Page 6 of 6
(Corporate Seal)
& Grading, Inc.
INDIVIDUAL ACKNO\lVLEDGEMENT
Stat e of ~J~.i:11L~__
Co u n ty 0 f -6.lr/ /'I!ftJJf.
On this t) ~rr!t-- day of F..e.h , 19 9/, before me personally came
5-r.Pt/J1 1t/r?l.R to me known and known to me to be the
person described in and who executed the foregoing instrument, and he~tnereupon
.. ~
duly acknowledged to me that he executed the same. .. (f!;P j ~
tlaryPUbic.
CORPORATE OR FIRM ACKNOWLEDGEMENT
S tat e 0 f r; f3i).E.liIL
County of fd((lIilJll!
On this eft~} tP- day of p~ ,1 9 ~, before me personally
,
appeared 6rpt/.1 (/1/ r-PtP to me known, who being duly sworn, did
depose and say that he resided in ~(t/ M IJ 1;;-- and that he is the
. fff/{d~~___ of 30#/ Pt/Hl~r6"#~fi&}:le 'corporation
described in and wl1ich executed the foregoing instrument; that he knew the seal of
said corporation; that it was affixed by order of the Board of Directgrs of said
corporation and that he signed his name thereto by iike order. .; / ,/
tJ2t};rIi(~
'--. Notary Public
SURElY ACKNOWLEDGEMENT
_, State of
County of
Flor'ida
Hi II sborough
On this 19th day of February , 19 98 before me
personally appeared Albert Elia, III, who being bY,me duly sworn, did depose and
say that he residecl in Tampa, FL arid that he is the Attorney-in-Fact of I ndemn ity I nsurence
Company of North America the Surety described in and which executed the
- foregoing instrument that he knew the seal of the said Surety; that the seal affixed to
said instrument was such surety seal; that it was affixed by order of the Board of
Directors of said S1.Jrety, that he signed his name thereto 'i I e order.
I
, OffielalSeal ~'- ,
PATRICIA M, GRIFFIN
\. Notary Public State of Florida
My Comm, Expires Aug. 24. 1999 "
. No. ct; i:9HJ83 ..p.
{J?A'~,~:'olt~!f1ri~~~~fJ.~{0?';'~:,::~?{~~Y '~~i~Ij~ INSURANCE COMPANy'OF NORTH AMERICA H" 714887'
,/' 0"'/ Pl1"/."":,- . - :.','
'/- ", ~J'.~":"~~ ~ ,. ~ . '. . ~ , -
:-)...;:~ ;:.///~.,,~/.i'.:':J. -~"~/~~:"~" ,: :. ; ., ~ ,~. . '. ..
.......'/'...:~./.,,:::;/..,.::..r,~ ,...;...:....,.. .....~ -: .-'~.-:- _ 'O.. .,' , .' . ~
:/,;,,,:::':;::.,..::.:.~::y......>~:-;,',:~/ .:,,> :"":':=": ":' ',:' " , .': ': .' '. "': , . . CIGNA' ".
"~""""~'.'~'''''''.#.'':'.''''':/'''''''''',/'':..,..., "'. ....' . ,.,,'.. '... - . '. . '. . .' . . ". - .
>:~~;';;:-~~~:':'.~/';~~;:,~~~:',~".."'~ :.,::~..<'.. > " ":'-" ": '.: ;': ".:;~ ,'.' ;". . '. : , ..;.. "".' ".' - . .. . : : .:' ::
:;~'3~~-;~;-;; Know.'alfmen' hy these 'present!:: Thai iNDEMl'lTl'-INSlTRANCE'COMPAJII~ OF NORTH A~fERICA, a corporation of the Commonwealth 'of :.
>';:~:2::::{penmyNaDia~;Jlav~ng its'principai office in the City of Philadelphia . Pennsylyania; pursuant to the, following Resol,ution. adopted by the Board ofDirectorS oft1le'
~;~~,~~~!&~Bf~~~,;5j~~~~',~~ ~?t :,,:~::,~,~\~..~::;:.~;..':" :'~.::,~::: .." :,.::,. <.:': .'; ':->:~ ",-'::;;:<:,~..:y :; ': "<'.';,:,' :'.' ~':<:. :' ': ;." :,' :_ .':,: >':' :-:; '? .::-.::.~'
,.' .:r .'0:-;".0 --:RESOLVED, 7ltit purnl&IlllO Atticl.. 3,18 md 5./ of the By-LaWl, the following Rules sbill !lOve", the aeanion for the Company of bOnds, uocIt:\akinss. rccosnlZ&llCtS, conlndS and other wnunp Ul1he nalUre lher.o
";,-"~:",-''''//..:.:'~I/...'''/......v'/'>'''''~'''~'''~'',~'' ......,"~'-., .........~.,..... ~ '/"',"',.' . '...'- . '. "
.-' :"(I"~";,, 'Thi!'!he PresidCOi, any Seniot Vice:Pr<:siclent; any Vi", Presideilt; and As.iSlllllt Vice Pi'eSidtftl, or any,AIti>roey.in.FaCl, may CXecule for and on'lieI>&JfOf!he Company any and all bonds,lindenaklnp. recoglllzancea, .' ,
";t,:'.:,<Y,:; ':""'tiicts'wolhCr )Yritinll' IIi lhe'p""".%hereof,!he Sl",elObe4fnlSted when neces&ar)' ~y lIie ~rate SeertW)', 01 any ,A..iuant Corpor~ S<Cretari;,..,d l!>t.eal of the Company amxed theretO. and I!l&I the Presidcn~
'; .~.:::..~:::;(. an, ~ior: Y'.'7. ~esiden1; any Vice PrCSident or any AssiJlAnt Via :President may aPPoin11lill aUli>otize any}"Iier?ffi<<:' (CleCied or appoini:ed~ of1lie {;(>mpan~; ant ~llXl1J'"Y'.ln'Facl1D so a~te or attest to !he =0
,';:;.,\v/~,or~.1"'~~"1!.~~l!:!:~~~~f~eC':?mp.any~~to.~rlldlie~OaIOflhe~~y~. .','.': :':, ".,".: "',~, ":;',-. ,:,' A': " "~"':-:""~ .'.J....,: :,,''''' ,;...
.' . (2),';' ;:'; Ar\J..uch~nB exOQ;led in a=dan!,< willi the.. Jl.1.. .halI be .. binding upon,ilie Company in any ease"ulhoUgh .igne(ll?r ~ PteSiden:' and atti:sted to by the Corporate SeCretary. . ".'.: ;.;, '. ' :
, /(3J :::::,:' ~(g.;~~r ~'r~;dCn{ .;,.. SeniOr Vk. Pmide~ iJr'a Vie: iteSl~'~ ~ ~si.rani Vice Presid';';'oiid .he'leal oftbe Co:<Dp:';'y ~; i,c eJJ''';ed by f~cSimile on '..;y' ~w~ <>f attOrney sTanted pu~ to thi. ':'
;V;~i*i:~m~~~~E~4~,~a~;~;cr~~~~~;t:jS:~r/lh~'~Zr:7~t%~:~~;~,~ ~~~it,I~~7:t~;n~~;>t~~:t.~:sr{::'2~~r-:,~ ,"':~,~ 1~~~:t"n~r~ :t~le:~i7: ~.'P!
:.,'. '(4)'v';';": S\ic!iother omCCri Df!he.Company, 'arid A:IlO'meyi.h:rlc:t i,lialI have ~,io certify Or =ilY. copies Oftllii,ll,iSOlwiOD;:~ By;LA~ ortl1~ ~y, and any affidavit Orje.C;o,id of the Company necessary!" the ',: '.
W~~~fl:~~~~~~~;~~*:~IF~~~fif~f~Y~;~t~:~~~ 4dV!.%i;~::~;~~~~~ti~~~~~~t:~!'~97~:~~' ~~,~;1~~:i;~',~: ',,::,;:::., ,.,;::'",:,.'.;.'.:;::"
/,4<>~,~~reW,;?m!~~te;:co~~titUi~' Md ap~n(AM:3ER:r E,L,lJ\~gr~9EVE~~p:::R:OG~~p()tli ~9~e,fity ~f ~~'~~tate ofF.l~rida ~eacii,. ,':'
:,:.:<.::~,:,:':.:<~~<~' ,lDdJVldu81IY.lf the~ be .n)C1re~,(l1le n.amed; ,ltstnJe~d!~~! attqmey.~tn~fact, to m~~,~)t~CU~;'~,~,d:~,h;~~:Plllts ,beh~f, m:'d as Its act and deed any
: :~;:::' '~4:: {.;,' a\l, bon,ds; 'undertakings, reC()gn~u:es" contracts ~.d ot\:l.~r~,ngs I,nilienature there.ofJ,npenaltie.s"?texceedl~~'T\\'{)Milhon FIVe Hundred Thou~and ;.
':/.':~::';/:':,:://..,QOllars ($,2,5.00,000) and t1jeexecll,tlOn of s~ch wntmgs l,npUTsuanCeOfthese presents:Sh~lIbe, as ,blndmg uponsllId C~mpany, as fully and amply,as l~theY,ha
: ':;' '::":> :;:~::b~A ~'!.Iy, exc;<;uted. ~d. ack~\Vledged b~. the .regularlyele.ctedoffice~ of the Company at/ts pnnclpal office, ':,.: : ':' .... ,:" '~>:<: .;,,>, . ":: .:' , :',
'~:\,.~~:,::':<, .;~~;~~~:{~:';-:;'iN WITNESS vniEREciii; 'thc'~ai~IWiiliirn ]~rig~is': vici~President, h~ Jie'~unt~'s~b~cribed his~ame and 'affixed the eorfXmiie'sial of the ~aid :'.
:,'0)::::-.: ,'*:,I!''Dp~lTY INSUMNCE COMPAl\Y OF NORTH AMERICA this 4th day of April l~~~ .>:' '. ' ,.'; ,.',,:.' ','
~:';~f~~ bj~~fr~~:':: .-;;,-' .. L)><:;'X;:>:;" ':'...', .;' ':'~"": "':<:':Ii\1>['MNiTYINS~C~"COMP~Y:?~,~OR~~RlC
::..~'~. ~'-;;::"t..t~~':::$~~T,\:' '..".>" :<~"'~:~ >:)~/~:'X>~':":"';'/':'/' :',~ ':",.,.:';,:.:. ".~.,'-.
~-:. ""(1) :;..~ .3! ~t)~,,: i~ . .. _' ~ " J" ~ ",',,~'.:',".'<
:,' ~ -' ,,/' ~~ \~, ~!. .
'.0 &::;;:-".:.\'?\.~>".. ' _',.':.";~" :" :' ,.J," ',.'.' ,', .,...'
~. -'-'. cu' .. .~,.;,>,~"~~~'~~ . # ' . -,.. ~".~. ' .
i 1! rjf~~~~:t~;Ycv~.lA:; '.i' ..... ...;; ~i1!:~ l":;7!:r,:, P"';~~lp~\: .. ....
lD, _' 0): :; ':':::: ':'.,,:,::~, ' On This 4th day of April,' A.D, 1997 , before,me;a Notary Public of the Commonweaith' o(Pennsylvania in and for the Count). of Philadelphia came
fir ,0 2," :)':;.' Williaiil Jimgreis. Vice-Prciident (lfthe ~DEMNITY INSURANCE COMPAJIIY OF NORTH AMERICA to me personally known to be the individual an
a: ' Cci. ~':. ~;':< o,ffi.cer.v.'ho ~xecute.d the' preceding i~ent,' and he ackn~wled~e~ that he executed the same.,!II1d,'that the ~eal affi~ed ~ the rrecedi.ng insuuin,ent is the
~, == ,~:' :::.;:.; CC!rpora~.~~aI <lfsald Company; that ~e SllId. corpo:are seal and hIS slgna~ we,re duly 8;ff1X~d, by the, aU,thonty ,and dl,recuon 0 the, sllld COrporatIOn, m:'d that
0' 0)' ~.: :?~:,~es~Ju~on; l!dopte~ by the Board CIr.Dlre~oJ:S o~~d Coml'any;.~eferred ~o l~,the precedmg Il~~~ment, IS.nO~ m f.orce. ':,,' ,.':,:. ',' ',",: _
w_:J "./,,., ...'..../.....,'.." " r (..../ ",.., .'.-.... ~ ./,' ..,.-, .. .',.. ....'... .' """" ., .
~ ;, -~:- :;;Y";:';'<:~>; IN TESTIMONY. WHEREOF, 1 have hereuriio set'my hand and'affixe'd my offiCial se'a)'ai tile CitY of Philadelphia the day and year fi~t above writte
i ~1; ~i~'~;~~~~1i~4; , ';:{rT}~;}!J'ii;{~ir{t{~c~r;crY,i,;:1;,\}ncg',). ..:
o O'Q,) ~,<,,:,~::'r~:~ONW~~..~~' . >, -,' . "'/-<""'" ,.,".'.., ,/..;,,~.,,',' ':/'7'>~.:' ~ ;'<.'j ,':.'.':.' "
~ c:; c;'::~~:....~i ~..:;,;;,..~.. . ~.,~'...lP ~~~:. ", '" "'~' , \.: ..... ~.;:',. ':~ ',:,~';' ..~t;a,.:u.. :~~(:~'" .e/~:'~". ~~.~.~ .-: :'
z ''': ...', I'", _ :.-.0. ,,"" ':.:.. '. :: ,'" NqTA~IALSEAL, ',_ ..' " '" ,'..'..' ,~.d.~',;.,~,^, ',' .', ',. "... ':
.... O)-',::';,:S::"::.:.,f:J::" .. ,', '\. ::". :,MARYaCOltfflS.Not~PUblic,,: :~,~". ';';:,. ~>'~'~>,,,'~"" . :",~> ,:> :,:' ;.
0)(1) , :;~;? :: .* ~: .:<.., ,OF>: :, * =::'~ .'-- City of ~hIl~e1phla. Phila. CcU"Jty ;'.,.. ';, > ,'~" '" :<" ..' :" ", ,:,,' .,':','..:,.. ": ;
. ~ ~ ',/ ': ::: ','. · ~, '." , ", ~., ,:.' 'My C:oiMlIufOn Expires'June 22 1998" ,'/ " ~ ,', . NotlU}' Pubhc-,. '; :c "", , ,"."',....: . .
" ~ij l;;}tiJit&~~*<~i:<;~~~.c;:.{g!j,.:;'~:~}iJ~~ll{~~i:N~~~~t~j?i.";1}~U~J%:?
...,. 0 m.. ..'/." ,""/~/'\.'~/.r. "JIIJJIIJI1\\\\\\\: ~ ,.. ". ,"....." ...... ,. ......'/~......... ,'," "-...::'..,/;' ....../....... ~'?,,," "'/.~'" '- '/;::-~ /r '\./ ,..,............// ....... ...../; ,.,....../": :.....J' '-:;,. .''/...~. . ,,"....... _' ~.,.,_.", - ./,,' .' - ..
;;. ~ i.:-" :~;:;~.~.: ;<=- ..~~~%S . ,..', . , .. '. '>. .~~; ~.' "'~:~'.": ;.' ~ ~.<:>:../ ~ .' < '~:." ,>:- .,:~:" ,:;; .: ,y:;.~~,....,---:..~...r ~:~;';~:.....~:-' ';: ~.,::~.: .....,?~'..' ;.:v:.,~',~:..~~~~~. ;"-:",::'; .: -: "~S:.;~:: ::~::;,~~',,":::''- :"~" - . ';~'
....'::g >; ~'~:', ":'.":~" v I, th'e'unde~lgned Secretary oflNDEMNITV INSURANCE COMPANY OF,NORTH'AMERICA ;do hereby' t:ertify that,the Qriginal POWER OF
". fa g' :~';'ATTO~EY:, ()(which ttH::f'oreg6illg ~ a substantial'); tnJe and.correCl'~)'; is in full foii:e,~~ dfect~~,'>~:":::: .::' ,:,::~', ~"~' ':,: ;. ':'...:-",:::>,~:..:', ,;--:~ ~'''.' ::' ~ ~
. :., <: ~:~ :1;~(;: ~.:~~ 'i~' wit;i~~ whekof: I ha~ he~~~ ~~b~ri~d'~y){~~';f~~;;;;;d~~~d\h~~~"~'~fJiic~O~'thft;9fh': d~'~t,/.,.~ :;~:~
/: ~;:"~~ i~~J~~~;~:7S~~:~:;.:~~:,;i,'i.~\i~~;~:~~;1?~~~~J~~ff~i~vg~r%:J~~~~~~t.}~~~~~~;~;%~Yf~:~i:~~t~~~ii~~):
'; ~ :-~.~>',:....."'-:::_~:':~ ~'" ~~~~~" ': ;'.~ \~ :.,:<,~.:/~/",~'2,,~~~~,;,;~-,,:/;,~'~;:'0'~",,%~'.'~~~/ '~,:,~. 'J/~.:.:.;.;,:' ;:"[1"'/ ::': ;/.' !~"'~~~%'I:A~3;~. ~ .): :'~~"~'.~~:,~:~....':'~-:::~%'~..:;'..'~,
.~//:_:... .....,::..;:/~' ;$/~&.'JJ:II.:,.\.,. .,~..:~..-~,.~~;..'.:j::'<:-:>'::,';.~,::'v;'z~'/~.~~,,~:Y'/':~;.~~~.~~/{..~~~;:,;,;",:--,::.':"~ ,~ '~ ,..J/....,~~" . /,.~,. " ":/~' ~:.,:" n' }~~~/;'~'~~:-~:-,/=,.
"/"'~:-'<-:'~'/~/ 3,#JJ:a- Y"i'" .< ~:",~ ',/'....' I.~,.~....... '/;"',;,.":"...,,"'.:'\ "'#,'/,',"j/ '~.z"'-0;,:/ ..~::/~."::/,~..: . >.v' . ........."'':. '~. ../,A~,:/.. '~;"'"
:";':;'::::;;';~:\::::::;'-~ I... f~~;;j ~ ~;'<'>?'-:'~~~~:':'~~~"%~::;::' :~{ :j~::;~'.2;i~~)~,'~f~:~$.;~~:"''''V'~~:' N~"'0:;;"~~'."~~:-:-,::'::'/,,,, ~ "';~~;~~';:;:::'~::~.~;:.:\::::::;-::'< /,~'~
:: :~':"~':;:~"':-':~;0\~~~ ...~.:. ,~:?-;;:~.~: ~ /~.....: ':;~:;: ~:;:.~ ;:~'S'. '::~~/.":,.~~~:\::?,~~~,,/~:~~;f~~~/i:~:~:;~; ;:'"Y'''':~''' 'f("~""~'" '/:~S .~v -":~,:%:'~,V(/~:~'.::~~~..~./:t;'~~::r/~
'~:~:~:;:~:~;g~*~~~~::::;~~:.:<~\~A:::/::?;;~.;~!~7~~t~~:~~s~rg.....,~~~~~~~@~~~~#iB~~%~;~~}~~~~~i~;tA~i~~~,~
":..'::-,:/ :: ~,~;"','nns PQWER OF ^ TTORNEY MI\ Y NOT BE USED'.TO EXECUTE.ANY:BOND WIJI1'AN INCUTIONPATE.AflER-AjrriJ 3; 1999 ~~~/W:r.,,~,;. ;~\
'["i*~_lt~I~~~;*~~f~fl~~~t~ltilfll'~fA\'111'~lfA
":'S!:/{~::~:&t~~;~~~:(~??;,{%'i-~~S~:S~~~11~{0.&~~~i~~~1~~~f~~~~r~~f.~~~~~~~~t~~!~~;~':
.':.', .:~<:.:':, '<~::.:..:~.~ ;~.:.>~;~?~:'~'2 ;;::-::::<~.\~.~. '::. ::'~:,~ ,.~~~>~~ .::~~;~~.~ :~~:'::~;~}"';~::;){~;).'--;'5~':f:-!(;.J,y:":/~~:/;.~~~~~~?~'.~.~~~.%'~~ (~~::':/ '0''''~'::~' ~ ~~I"~':; ~ ~~:" ~~:;~~~~;:.
, -:':--:: ~ ./.:....~.:~ :::~:~..~~..?~~: :~.:~.,~ ':::,"~< z"'':.::', ~;'::" :~/%:~~:':..'~~.0,.~,~~';;?;"~,;'.;.. '.~~~~~/ i~~~~~~~/~~7~~/~~~)~~--:~~:~~~/'-: ~/~,~...>,;~ ./~,~~.;)~~;:;./'~:,:/~..~.
"., '.: ;..:.: ;" ':,":.. '~,:. ~~. :... ~,"~ .~,..., : .;. :::~: ;,:,: >":'.:': ;:..~~;:. '.':- ~ ,.,,>~/, r....~,::/I",~/:,~;:0:<~~, ~;:~ :;(~ ~/:?~//~~/"~-0.:~~~,:\~'~.;~~'~':'. .~~~~~~~:/",\,>~: :::,,,~,,~. .~,
"'/.'" '.' .;:',"://.:,:,'" . ,,' :-/..,',;. :'r,:~ .:..'.:: '.~' ;' ";', ',:::,~<:~,,~::-,;;o.'-:~-;",:,.,:l0~::~'~'//~~';".':;'~ B~~;"v'~:,~~/.~~';;::;,~:::~;'.'~""'y',,:'=;/:.' J/'<~~'^,,;',~^,~'/;'~'/;'~~.
. ,...... ,. .......'''.' .' " ..... "'" . . r~v/ '\.-,/,_,......<W..., '~ ..,... ............ '~...." r' ;""""';;'l "....' :'\:,~ ...-''"'' ......... ...... ''\: ".... '',' ~. ....
. .'~ .,' :.~.: "''/~;'.'::.. .~.: ':""/,,:, : ~.~ ,"..: ~. ~.', ':-:"'( ~~ :'~"',::~ :~.:~ :;.~v/;''''::'://;''~V'''';-''~~''-''~'':/;::-: '::"~~'\://~~~'';'v0..'<:1,/'~'/':.:~~/;:''','-:://''" ,,/"~...":,::;~~;" 1:.~'''//~ ~:~~ ~
...... -....,."'<,.. "."".' ~ ~ ". /'" ~ ,,"'....-;:. .."/.," ,.'........::""0 ../-""='~'/.....,'.../ ',.......,~./~.~.... ....,..:::-....'-""/.'....//....,... ......... .....,,~/..;...... ...'"....//"v'~... ..,',
. . - ..'.'..... -..... ....' ,.,'" .'. ,I... ""~,.' '.,..,":'\../,/ ""/""~"""'''/z.",........, ./...:. /'.-"...../". ,../;,~'....."v':,\:,;.t:.-:'"""^,..~:;/~,,,,~......,... .....,.../0",....... ..,.........~,.........\
, :-~: . -::;.' ..; :...'. . . ;.:.....' "..:-~ '.' ". '., : ...:.~ .' " .... ......~.... ,;... '': //.':\..../' .~-: ...~.~/,;..",..:, I"~.,...../..., ,,/,..-,:,.""" ::1'/:'" ~ .~, ~~.,' ';,:;,:'..v";",. "","~~ .~>,.:; ,"'\\' //.~~':'.,:..... ~ ,C_,;.
...... "'" :'" :~'.. ~ ....:' " :." . .'" ~.~;..:'.. .,,,.' ,', ,:"'?,"". /~~'-;/:Z"~:~~~""'''';;''/ ~,,~:;~~/~)..:~ ~,:'. ,~/"~.:;...,,-,~~.<,,..,~~(.:.,,~~:~ /:>..':: .~~//~~,;~ ?,.~;::,
BS-3372bPrlnrcdl1lU.S.A."/ - ~ ...'.".. :,....;.",-;.<' ..'" .. ~'. ",/~~,,::"'~'/'~''''/'=:'<<';:-'\..r ~.".,:,.,...../~,..'\...~..,../.~.,./.........,y.....:~,"/ _,.:.~.,..., ':'~''':''.' ...~:.~.~
..' '",'-
CONTRACT DOCUMENTS
FOR
SHARON ROAD AND SANDY DRIVE
WATER AND SANITARY SEWER IMPROVEMENTS
PROJECT NO.: ACR # U-97 -008
OW~ER: AUGUSTA~~ICHMOND,COUNTY COMMISSION
CONTRACtOH: STEVE DUFFIE GRADING AND LANDSCAPING, INC.
DA TE:
FEBRUARY 11, 1998
~":'t
RREPARED BY:
/'->
"
SOJ]THERN PARTNERS, INC.
1233'AUGUS:rA' WEST PARKWAY
AUGUSTA, GEORGIA 30909
I '
":'~" (706) 855-6000
/''>.". .
'\
...... "'-~ r"
'..
r I
! '
"
,
f ,,'
;~ I._i.".,;. l
TABLE OF CONTENTS
SHARON ROAD AND SANDY DRIVE
WATER AND SANITARY SEWER IMPROVEMENTS
PROJECT NO,: ARC # U-97-008
SECTION
PAGES
Instruction to Bidders
ill-I thru ill-3
Special Conditions
SP-I thru SP-6
Agreement
A-I thru A-3
General Conditions
1 thru 32
Supplementary Conditions
SC-I thru SC-2
Technical Specifications
TS-I thru TS-40
Site Work
Excavation, Filling & Backfilling
Concrete
Water Lines
Valves and Hydrants
Underground Crossings
Sanitary Sewe,rs and Appurtenances
Grassing
TS-I
TS-5
TS-IO
TS-I2
TS-I9
TS-22
TS-24
TS-39
Proposal
P-I thru P,)
SECTION I B
INSTRUCTIONS TO BIDDERS
m-Ol.
GENERAL
All proposals must be presented in a sealed envelope, addressed to The Owner.
The proposal must be filed with the Owner on or before the time stated in the invitation for bids.
Mailed proposals will be treated in every respect as though filed in person and will be subject to
the same requirements,.
Proposals received subsequent to the time stated will be returned unopened. Prior
to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal
may be withdrawn for a period of thirty (30) days after bids have been opened, pending the
execution of contract with the successful bidder.
m-02.
EXAlVlINA TION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and
location of the work, the conformation of the ground, the character, quality and quantity of the
facilities needed preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work or the cost thereof under
the contract. No oral agreement or conversation with any officer, agent, or employee of the
Owner, either before or after execution of the contract, shall affect or modify any of the terms or
obligations therein.
m-03.
ADDE,NDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other pre-bid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to Max Hicks,
Augu'sta-Richmond County Utilities Department, 2760 Peach Orchard Road, Augusta, GA
30906, and to be given consideration must be received at least five days prior to the date fixed for
the opening of bids, Any and all such interpretations and any supplemental instructions will be in
the form .ofwritten addenda to the spec;ifications which, if issued, will be sent by certified mail
with return receipt requested to all prospective bidders (at the respective address furnished for
such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of
any bidder to receive any such addendum or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so issued shall become part of the Contract
Documents.
m-l
m-04.
PREPARATION OF BIDS
Bids shall be submitted on the form provided and must be signed by the bidder or
his authorized representative. Any corrections to entries made on bid forms should be initialed by
the person signing the bid,
Bidders must quote on all items appearing on the bid forms, unless specific
directions in the advertisement, on the bid form, or in the special specifications allow for partial
bids, Failure to quote on all items may disqualify the bid. When quotations on all items are not
required, bidders shall insert the words "no bid" where appropriate.
Alterna.tive bids will not be considered unless specifically called for.
Telegraphic bids will not be considered, Modifications to bids already submitted
will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids.
Modifications shall be submitted as such, and shall not reveal the total amount of either the
original or revised bids,
Bids by wholly owned proprietorships or partnerships will be signed by all
owners, Bids of corporations will be signed by an officer of the firm and his signature attested by
the secretary thereof who will affix the corporate seal to the proposal.
m-05.
BASIS OF AWARD
The bids will be compared on the basis of a total prices as determine from
,
extension of the individual items and their unit prices which will include and cover the furnishing
of all material and the performance of all labor requisite or proper, and completing of all work
called for under the accompanying contract, and in the manner set forth and described in the
specifications,
Estimated quantities are included in the bid items of the proposal for the purpose
of comparing bids, It is the responsibility of the contractor to notify the owner of any differences
in the quantities bid and those actually encountered in the field. The actual payment will be based
on the quantities in place at project completion. In case of error in extension of prices, unit
prices, as bid, will govern,
ffi-2
m-06,
BIDDleR'S OUALIFICA TIONS
No proposal will be received from any bidder unless he can present satisfactory
evidence that he is skilled in work of a similar nature to that covered by the contract and has
sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit
with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND
EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant,
equipment, and his experience and general qualifications. The Owner may make such
investigations as are d'eemed necessary to determine the ability of the bidder to perform the work
and the bidder shall furnish to him all such additional information and data for this purpose as may
be requested, The Owner reserves the right to reject any bid if the evidence submitted by the
bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to
carry out the obligations of the contract and to complete the work contemplated therein, Part of
the evidence required above shall consist of a list of the names and addresses of not less than five
(5) firms or corporations for which the bidder has done similar work.
ffi-07.
PERFORMANCE BOND
At the time of entering into the contract, The Contractor shall give bond to the
Owner for the use of the Owner arid all persons doing work or furnishing' skill, tools, machinery
or materials under or for the purpose of such contract, conditional for the payment as they
become due, of all just claims for such work, tools, machinery, skill and materials, for the
completion of the contract according to it's terms for saving the Owner harmless for all cost and
charges that may accrue on account of the doing of the work specified, and for compliance with
the laws pertaining thereto, Said bond shall be for the amount of the contract price. The surety
must be a substantial surety company satisfactory to the Owner and authorized by law to do
business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and
effectively'dated copy of their power of attorney.
IE-08,
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as
practicable, provided satisfactory bids are received. Theright is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest
submitted if such action is deemed to be in the best interest of the Owner.
m-3
SPECIAL CONDITIONS
1. SCOPE:
This project covers the installation of6" water main and 8" sanitary sewer on Sharon Road and
Sandy Drive in accordance with the attached plans and these specifications. The contractor shall
supply all materials, equipment, labor, supplies and supervision necessary to properly complete
this project as specified. The contractor is responsible for obtaining all permits and licenses,
paying all fees and complying with all local, state and federal requirements.
2. SPECIFICA 1rIONS:
This project is based on and shall be constructed in accordance with the State of Georgia
Department of Transportation Standard Specifications for Construction of Roads and Bridges,
1993 Edition, the Augusta-Richmond Cqunty Water and Sewer Standard Specifications, OSHA
requirements and the attached specifications. All of these specifications shall be considered as
though fully contained herein. In all cases where conflicts arise within these specifications, they
will be revised to resolve such conflict. Until the conflict is resolved, the adherence to the
application of the strieter of the specifications shall control the situation.
3. DETAILS:
Standard drawings of Georgia Department of Transportation will be used for all detail work
unless otherwise specified.
4. RIGHT OF ~;VAY:
The contractor shall not perform any work outside the limits of the right of way except where
specific easements are shown. In addition, no equipment or material shall be placed outside the
right of way without written permission of the property owner and the Engineer's Representative.
5. DESIGN ALTERNATIONS:
The County recogniz1es the various changes in design, along with added detail drawings may be
made as the project progresses. Any requests for additional payment will be processed based on
actual work in place and the unit prices submitted as a part of this bid. Items not covered shall be
priced separately and no work will be done on these items until approved, in writing by the
County's authorized representative.
6. FIRE HYDRANTS:
Installation of fire hydrants includes the tee, pipe, valve, hydrant, blocking and all required
appurtenances installed as required by the specifications.
SP-l
7. DRIVEWAYS:
All driveways shall be rep'aired in kind. For asphalt driveways, the contractor shall resurface the
driveway from the edg,e of pavement to the end of the asphalt or the right of way line whichever is
shorter,
8, PIPE:
The installation of the pipe shall include all excavation, materials, placement, fittings, connections,
backfill, chlorination, testing and acceptance, Corrosion control for the pipe shall be included in
the unit price. Connection to the existing lines shall be completed with minimum interruption in
service, The contractor shall coordinate all service interruptions with the owner 48 hours in
advance ofthe interruption.
9. PRECONSTRUCTION:
Apre-construction me:eting will be held to discuss the procedures to be followed. Date and time
of this meeting will be set after award of the bid.
10. ROAD CUTS:
The road crossings are intended to be by open cut. The Contractor shall comply with all
conditions of the utility encroachment permit from the Augusta-Richmond County Department of
Public Works before beginning construction.
11. EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer. No excess material shall be
placed within 150' of a drainage crossing without specific authorization, in writing.
12. FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed, No separate pay will
be made for grassing, fertilizing and mulching of disturbed areas.
13. FOUNDATION AND BACKFILL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D, No separate pay
item will be made for this material or its placement.
SP-2
14. TRENCHING:
This project calls for installation of pipe by the open-cut or trenching method parallel to the flow
of traffic. The work shall be so scheduled that not more than 500 feet of trench shall be open at
one time. The contractor is cautioned to use proper and safe construction methods in construction
of this project. The Contractor is held fully responsible for the safe prosecution of the work at all
times.
15. LUMP SUM CONSTRUCTION:
Lump sum construction includes, but is not limited to, removal and replacement of mail boxes,
fences, walls, driveways and specified shrubbery, as well as traffic control and project
coordination with all agencies and individuals.
16. VERTICAL GRADES:
No existing or design grades are provided on this project. It is the Contractor's responsibility to
provide his own gradE:s, if he so desires.
17. OPERATION AND STORAGE AREAS:
The location of all operations of the Contractor (including storage of materials) shall be
approved by the OWNER.
18. COORDINA'nON OF WORK WITH OWNER:
The Contractor shall coordinate and schedule his work such that no conflict will exist with the
Owner in the operation of his facilities.
19. CONTRACT DOCUMENTS AND DRAWINGS:
Drawings: The Engineer will furnish to the Contractor, free of charge, 6 copies ofthe drawings
and specifications for the execution of the work. Location of all features of the work included in
the contract are indica.ted on the contract drawings. The drawings listed on the cover sheet
comprise the plans for this contract.
20. CONTRACTOR'S FIELD OFFICE:
The Contractor shall maintain a field office on the site of the work which contains a telephone, the
contract documents, and the contractor's records. In addition, another office shall be
equipped with a telephone, file cabinets for project records, a table for reference of construction
plans, storage space for project Plans and, specifications and other furnishings as required for the
exclusive use of the Owner's project representative who will be assigned to this project.
SP-3
21. TEMPORARY SANITARY FACILITIES:
Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary
privies in a manner me'eting the approval of the Engineer, Facilities shall be maintained in a
sanitary condition by the Contractor and in compliance with the requirements of authorities
having jurisdiction. All temporary facilities shall be removed by the Contractor and the area
returned to its original condition prior to acceptance of the completed project.
22, RIGHT OF "TAY:
The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any
ground outside the limits of Owner's property or construction easements without written consent
of the Owner of such property.
23. EXISTING STRUCTURES AND UTILITIES:
It is mandatory that the Contractor locate all previously placed underground installations and
construction prior to his engaging in any work in areas where such improvements may exist. The
Contract drawings indicate general locations of such existing improvements solely for t~e purpose
of initial and general representation thereof, The Owner and Engineer have not verified locations
of these improvements as a basis for locations displayed on the drawings, All utilities and
improvements must the located and flagged by the Contractor prior to commencing work. ,Flags
must be maintained and based upon actual field determinations. The Owner's project inspector
I
must be notified before any work begins in vicinity of existing underground improvements.
The Contnictor shall be held responsible for any damage and for maintenance and protection
of existing construction and utilities. All damaged construction, utilities or improvements shall be
restored to the original or better condition in which they were discovered.
24. TRAFFIC SAFETY:
The Contractor will btl held responsible for any damages caused by negligence on his part, or by
the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be
kept open and clear at all times and no excavated material or equipment will be placed on
pavement during construction,
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area, The Contractor shall replace all signs that may be moved as a result
of the construction,
All temporary traffic control devices are to be placed in accordance with GA. D.G.T. Standards
and Specifications.
The Contractor shall so conduct his operations that there will be a minimum of interference with
or interruption oftraflic upon and along the highway, This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-way, alternating traffic shall be
SP-4
maintained at all times unless approved otheIWise by the Engineer. As a minimum, the contractor
must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia
Standard 9102. '
25. UTILITIES:
The Contractor shall provide for temporary utilities for construction operations. Potable water is .
available from hydrants: The Contractor shall make provisions for telephone service with the
phone company. Electric power for construction operations shall be provided by the Contractor
by arrangement with Georgia Power Company. The Contractor shall make suitable arrangements
to provide fuel for temporary heating and/or other construction operations as 'necessary,
The Contractor's attention is directed to the probability of encountering public and private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas
and underground telephone cables that either are obstructions to the prosecution of the work and
need to be moved out of the way or, ifnot, must be properly protected during construction. No
separate payment will be made for this work.
26. ESTIMATE OF QUANTITIES:
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 to indicate approximately the
scope of the Contract;, variation of the quantities reasonably necessary to complete the work
contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation
give cause for claims or liability for damages.
Measurement and payment shall be made in accordance with the Standard Specifications on a unit
price basis. The quantities included in the schedule of items are approximate and subject to
yhange, All changes will be made atthe unit price, as bid.
27. SURVEYS:,
The Contractor shall make his own surveys and establish his own working lines and grades from
the basic reference lines established by the Engineer: The Contractor shall maintain a benchmark
on site. At each strueture, a physical check of installed inverts and/or floor elevations shall be
made and the elevations recorded and furnished to the Engineer.
28. DIMENSIONS:
Dimensions shown in. figures or which can be determined by computation from other figures
shown, shall take precedence over dimensions scaled from the drawings. When the work of the
Contractor is affected by finished dimensions, these shall be detennined by the Contractor at the
site and the shall assume the responsibility therefor.
SP-5
29. EROSION AND SEDIMENT CONTROL:
The Contractor will be required t8 schedule his work and perform operations in such a mariner '
that siltation and bank erosion will be minimized during all phases of construction. Any areas
disturbed during the course of construction shall be restored to a condition equal or better than
the original condition, Grassing of disturbed areas shall be the minimum acceptable restoration,
Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed
to limit migration of silt to the water courses. Erosion Control devices such as mats, grass,
mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination,
Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia,
pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth
therein,
Permanent erosion control measures for this site include moderate slopes, pavement, and
permanent grassing. The Contractor shall strive to expedite completion of the permanent
measures and shall keep the temporary measures in place until a satisfactory grass cover is
establisbed. Sediment and erosion control materials shall be as specified in Section TI, Site
work and Section T8, Grassing~
30. SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (pL91-596) and
under Sec, 107 of the Contract Work Hours and Safety standards Act (pLSI-54).
The Contractor shall comply with all local state and federal requirements for the safe prosecution
of the work. Special measures shall be taken to protect the property owners, their guests, children
and pets.
31. SUB-SURFACE INVESTIGATION:
A soils investigation is not available for this site,
SP-6
SECTION A
AGREEMENT
, .. .I, , '
THIS AGREEMENT, made on the 11th day of February, 1998 ,by and between Augusta-
Richmond County Commission, party of the first part, and Steve Duffie Grading and
Landscaping, Inc., hereinafter called the Contractor.
WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter named,
agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
Sharon Road and Sandy Drive Water and Sanitary Sewer Improvements
Project: ARC # U-97-008
and in accordance with the requirements and provisions of the Contract Documents as defined in
the General and Special Conditions hereto attached, which are hereby made apart ofthis
agreement.
ARTICLE II - TIME OF COMPLETION - LIOUIDA TED DAMAGES
The work performed ull1der this Contract shall be commenced within ...lQ... calendar days after the
date of written notice by the Owner to the Contractor to proceed. The work shall be completed
within 90 working, days after the date of such notice and with such extensions of time as provided
for in the General Conditions.
It is hereby understoodl and mutually agreed, by and between the Contractor and the Owner, that
the date of beginning, rate of progress and the time of completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that saidwork
shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure
full completion thereof within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for the completion of the work described
herein is a reasonable time for completion of the same, taking into consideration the average
climatic range and construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIT-, OR REFUSE TO COMPLETE THE
WORK WITHIN Tm~ TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as
a part of the consideration for the awarding of this Contract, to pay the Owner the sum of
$100 00 per day, not as a penalty, but as liquidated damages for such breach of contract as
hereinafter set forth, f()f ea~h and every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
A-I
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impract1cability and extreme difficulty of fixing and ascertaining the ac'tuaJ damages
the Owner would, in such event, sustain, and said amounts shall be retained fiom time to time by
the Owner from current periodicai estimates,
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the performance of
any act whatsoever; and where under the Contract an additional time is allowed for the comple-
tion of any work, the new time limit fixed by extension shall be the essence of this Contract.
ARTICLE m- PAYIVIENT
A. The Contract Sllill
The Owner shall pay to the Contractor for the performance of the Contract the amount
as stated in the Proposal and Schedule ofItems, No variations shall be made in the amount
except as set forth in the specifications attached hereto,
B, Progress Payments
On not later than the fifth day of every month, the Contractor shall submit to the
Owner's Engin.eer an estimate covering the percentage of the total amount of the
Contract which has been completed from the start of the job up to and including the last
working day of the preceding month, together with such supporting evidence as may be
required by the Owner and/or the Engineer. This estimate shall include only the quantities
in place and at the unit prices as set forth in the Bid Schedule.
On not later them the fifteenth day of each month, the Owner shall after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate on
units accepted xn place, The 10% retained percentage may be held by the Owner until the'
final completion and acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
A. Upon receipt of written notice that the work is ready for final inspection acceptance, the
Engineer shall within 10 days ma!<e such inspection, and when he finds the work
acceptable undl~r the Contract and the Contract fully performed, he will promptly issue a
final certificate;, over his own signature, stating that the work required by this Contract has
been completed and is accepted by him under the terms and conditions thereof, and the
entire balance found to be due the Contractor, including the retained percentage, shall be
paid to the Contractor by the Owner within 15 days after the date of said final certificate,
B, Before final payment is due, the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with work have
been paid, except that in case of disputed indebtedness or liens the Contractor shall
submit in lieu of evidence of payment a surety bond satisfactory to the Owner
guaranteeing payment of all such disputed amounts when adjudicated in cases where such
A-2
payment has not already been guaranteed by surety bond.
C, The making and acceptance of the final payment shall constitute a waiver of all claims by
the Owner, other than those arising from unsettled liens, from faulty work appearing
within 12 months after final payment, from requirements of the specifications, or from
manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor
except those previously made and still unsettled,
D. If after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Engineer so certifies, the Owner shall
upon certification of the Engineer, and without terminating the Contract, make payment of
the balance due for that portion of the work ,fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
- .
. >
~
(Contractor)
By;ttv-L /}Iju"
Title f '
fi;-:- ~ /i~~;;:f: ?i!f)
SEAL
Attest:
1,' . "il
sec{JJ J~ --
, j ~
Witness 1-/" P 11 "
,....179'R'f I/{} tv
(0. ~~ !~~9'-t?1
A-3
UTILITIES DEPARTMENT
N. MAX HICKS, PE, DIRECTOR
2760 PEACH ORCHA~b ROAD
AUGUSTA, GA :30906
(706) 796-5000 ~ FAX (706) 77 i -2646
TOM D, WIEOMEIER, PE, ASSISTANT DIRECTOR
March 3, 1998
Addendum to Contract Documents For:
Sharon and Sandv Sprin~s Road Water and Sewer Improvements
Per James Wall's request these additions are being made to the contract documents for
the Sharon and Sandy Springs Road Water and Sanitary Sewer Improvements Project.
I. This agreement is intended by the, Parties to, and does,
supersede any and all provisions of the Georgia Prompt Pay
Act, o.c,G,A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision
of the Prompt Pay Act, the provision of this Agreement shall
control.
2. Notwithstanding any provision of the law to the contrary, the
parties agree that no interest shall be due Contractor on any
sum held as retainage pursuant to this Agreement and
Contractor specifically waive any claim to same.
.it~ OJl~
" "
Steve Duffie
Duffie Grading & Landscaping, lnc,
cf.
\
GENERAL CONDITIONS
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title
Page
DEFINITIONS...................................................... 7
2 PRELIMINARY MATTERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE ............................... 9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS ...... ........ .... ..... ............ .;.... ..... 10'
5 BONDS AND INSURANCE ........................................ I I
6 CONTRACTOR'S RESPONSIBILITIES ............................ 14
7 OTHER \VORK ............'......................................... 18
8 OWNER'S RESPONSIBILITIES.................................... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANG ES IN THE WORK.. .. . . . .. .. .. ...... ., .... .. . .. ... .. .. .... 21
I I CHANGE OF CONTRACT PRICE.................................. 21
12 CHANGE OF CONTRACT TIME................................... 24
\3 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OR .
ACCEPTANCE OF DEFECTIVE WORK......................:.... 24
14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION.................. 29
16 ARBITRATION.. .............................. ...................... 31
17 MISCELLANEOUS................................................. 32
3
INDEX TO GENERAL CONDITIONS
Anicle or Paragraph
Number
Acceptance of Insurance ........................;.... 5.13
Access to the Work .................................. 13.2
Addenda-<lennition of (see definition of
Specifications) ........................................ 1
Agreement-<lennition of ............,................... 1
All Risk Insurance... .................................. 5.6
Amendment. Written............................. 1. 3.1.1
Application for Payment-<lennition of .................. 1
Application for Payment, Final ...................... 14.12
, Application for Progress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4-14.7
Arbitration ..........:.................................. 16
Authorized Variation in Work ......................... 9.5
Availability of Lands.......... .'....................... 4.1
Award. Notice of-<lefined .............................. 1
Before Starting Construction ...................... 2.5-2.7
Bid-<lennition of ....................................... 1
Bonds and Insurance~in general ........................ 5
Bonds-<iefinition of ........... . ......................... I
Bonds, Delivery of ................. ........ ...... 2.1,5.1
'Bonds, Pefformance and Other .................... 5.1-5.2
Cash Allowances ...................................... 11.8
Change Order-<lefinition of .. , .... . .................. ... 1
Change Orders-tobeexecutec1 ...................... lOA
Changes in the Work ................................... 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ............................,................. 6.17
Completion. .. .. .. .. ...... .. .. .. .... ...... ...... ........ 14
Completion. Substantial ......................... 14.8-14.9
Conference. PreconstTUction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Report ....................................., 2.5.3.3
Construction Machinery, Equipment, etc. ............. 6.4
Continuing Work............. ........................ 6.29
Contract Documents--amending and
supplementing .:................................ 3.4-3.5
Contract Documents-definition of ....................:. 1
Contract Documents-Intent ...................... 3.1-3.3
Contract Documents-Reuse of ................... .'... 3.6
Contract Price. Change of .............................. 11
Contract Price-<letinition ............................... I
Contract Time. Change of .............................. 12
Contract Time. Commencement of ............:....... 2.3
Contract Time-<letinition of ............................ 1
Contractor-<letinition of ................................ I
Contractor May Stop Work or Terminate............. 15.5
Contractor's Continuing Obligation .................. 14.15
Contractor's Duty to Report Discrepancy
in Documents.................................. 2.5,3.:!
Contractor'sFee-Cost Plus ... 11.4.5.6, 11.5.1, 11.6-11.7
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities--in general ................ 6
\
Contractor's Warranty of Title ........................ 14.3
Contractors-other .....;,....................... ',' ... ... 7
Contractual Liability Insurance........................ 5.4
Coordinating Contractor-<letinition of ................ 7.4
Coordination .............,............................ 7.4
Copies of Documents. ... ....... .... .. .. .. .. ... .. .. .... 2.2
, Correction or Removal of Defective Work ........... 13.11
Correction Period, One Year ...,.................... 13.12
Correction, Removal or Acceptance of Defective
Work-in general ............:.............. 13.11-13.14
Cost-net decrease.. . .. .. .. .....:.. ..:....... .. .... 11.6.2
Cost of Work.................................... 11.4-11.5
Costs, Supplemental................................ .11.4.5
Day-<lennition of ....................................... I
Defeclive-<letinition of ................................. 1
Defective Work, Acceptance of ...................... 13.13
Defective Work, Correction or Removal of .......... 13.11
Defective Work-in general ............... 13,14.7.14.11
Defective W.ork, Rejecting.. .. ... .. . .. .. .. .. .. . .. .. .... 9.6
Definitions ............................................... 1
Delivery of Boods ....:................................ 2.1
Determination for Unit Prices ........................ 9.10
Disputes, Decisions by Engineer .................9.11-9.12
Documents, Copies of ................................. 2.2
Documents, Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-definition of ................................. 1
Easements............................................ 4.1
Effective date of Agreement-dennition of .. .. ........... I
Emergencies ......................r:.................. 6.22
Engineer-<letinition of .................................. I
Engineer's Decisions ............................9.10-9.12
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4, 14.13
Engineer's Responsibilities. Limitations
on .................................. 6.6,9.11,9.13-9.16
Engineer's Status During Construction-in general ...... 9
Equipment. Labor. Materials and ..... .. .... ....... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions................... 4.2
Fee, Contractor's---Costs Plus........................ 11.6'
Field Order-<letinition of ............................... 1
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final Application for Payment.... .... .. .. .. .... ..... 14.12
Final Inspection.................. ..................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-17.4
General Requirements-definition of .. . ..... ... ....... . .. 1
General Requirements-principal
references to ................. 2.6.4:4,6.4,6.6-6.7,6.23
4
GivingNotice ........................................ \7.\
Guarantee of Work-by Contractor....... ............ \3.1
Indemnification. .. .. .. . . .. .. . .... . .. .. .. .... 6.30-6.32,7.5
Inspection. Final .................................... \4.\\
Inspection, Tests and. .. ........................ ...... \3.3
Insurance, Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7, 5
Insurance-completed operations...................... 5.3
Insurance. Contractor's Liability.................,.... 5.3
Insurance. Contractual Liability ....................... 5.4
Insurance, Owner's Liability.......................... 5.5
Insurance, Property.. .'.......:................;.. 5.6.5.13
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents................... 3.3,9.14
Interpretations and Claritications ...................... 9.4
Investigations of physical conditions... .. .... .......... 4.:!
Labor, Materials and Equipment .................. 6.3.6.5
Laws and Regulations-<1etinition of ..................... I
Laws and Regulations-general. ...................... 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-<lefinitions of ........,....................... 14.2
Limitations on Engineer's
Responsibilities..................... 6.6,9.11. 9.13.9.16
Materials and equipment-furnished by Contractor.... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment--equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ......,............................ 7
Notice. Giving of ... . . . . .. . . '. . . . . . .. . . . . . . .. . .. ... .... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award-<letinition of .......................... 1
Notice to Proceed-<lefinitioll of ......................... 1
Notice to Proceed-giving of ............,............. 2.3
"Or-Equal" Items..................................... 6.7
Other contractors ....................................... 7
Other work.... . .. . . . . . . . . . , .. . . ..... . . .. . .... . . . . . .. .... 7
Overtime Work-prohibition of ....... .... ............. 6.3
Owner-detinition of ......,.................:...,....... 1
Owner May Correct Defecti';e Work ................. 13.14
Owner May Stop Work.............................. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15.4
Owner's Duty to Execute Change Orders............. 11.8
Owner's Liability Insurance ........................... 5.5
Own~r's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in gencral .................,.. 8
Owner's Scparate Representative at site............... 9.3
Partial Utilization ..............."".........,..." 14.10
Partial Utilization-definition of ...................,..... \
Partial Utilization-Property Insurance..........,.... 5.\5
P:lten[ Fees and Royalties............................ 6,12
PDyments. Recommendation of ........... 14.4-14,7.14.13
Payments to Contractor-in general.................... \4
Payments to Contractor-whcn due ........... \4.4, 14.13
Payments to Contractor-withholding ................ 14;7
Performancc and othcr Bonds..................... 5.1-5.2
Permits....... . . . . .. . . ... . . . .. .... . . . . .. .. .. ... . .. .. .. 6.13
Physical Conditions ....................... .1........... 4.2
Physical Conditions-Engineer's review............. 4.2.4
Physical Condition~xisting structures......... .... 4.2.2
Physical Conditions-explorations and reports....... 4.2.\
Physical Conditions-possible document change.. ... 4.2.~
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of diffcring ............. 4.:!.3
Physical Conditions-Underground Facilities.......... 4,3
Preconstruction Conference ........................... 2.8
Preliminary Matters.............................. .'...... 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .............................. 1\
Price-Contract-<letinition of ............................ 1
Progress Payment, Applications for................... 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9,6.6,6.29, 15.2.6
Project-definition of .................................... I
Project Representation-provision for ................. 9.3
Project Representative, Resident-detinition of ..:....... 1
Project, Starting the ................................... 2.4
Property Insurance.. ............................. 5.6-5.13
Property Insurance-Partial Utilization............... 5.15
Property Insurance-Receipt and Application
of Procceds ....... '............................ 5.12-5.13
Protection. Safety and... .. .... .... .. .. .......... 6.20-6.2 I
Punch list ........................................... 14. I I
Recommendation of Paymcnt .................. 14.4, 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and .....,......................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.\-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defecrive Work ........... 13 .11
Resident Project Representative-definition of ........... t
Resident Project Represcntative-provision for........ 9.3
Responsibilities, Contractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities, Owner's-in general.................... 8
Retainage ............................................ 14.2
Reuse of Documents .................................. 3:5
Rights of Way ......................................... .U
Royalties. Patent Fees and .,......................... 6.12
Safety and Protection......:....,........, ....... 6.20-6.21
Samples..... .... ... ................. ............ 6.23.6.28
Schedule of progress......,. 2.6.2.8-2.9.6.6.6.29, 15.:!.6
Schedule of Shop Drawing
submissions...................... 2.6.2.8-2.9.6,23. 14.1
Schedule of values ...................... 2,6.2.8-2.9. 14.1
Scheduks. Finalizing.......,.......................... 2.9
Shop Drawings and Samples..... .... .. .......... 6.23-6,28
Shop Drawings-definition of ..,... .. ..... ............... I
Shop Drawings. use to approve
substitutions...................................... 6.7.3
5
Site, Visits to-by Enginecr ........................... 9.2
Spccitications-detinition of .,........................... 1
Starting Construction, Before.....,..,.......,..... 2.5.2.8
Starting the Project............. .... ... ..............,. 204
Stopping Work-by Contractor....................... 15.5
StoppingWork-byOwncr .......................... 13.10
SubcoDtractor-definition of .........,................... ]
Subcontractors--in gcneral ....,....:............. 6.8-6.11
Subcontracts-requircd provisions ..,.........5.11.1,6.11
11.4.3
Substantial Completioo---<:crtitication of .............. 14.8
Substantial Completion-definition of................. . .. 1
Substitute or "Or-Equal" Items....................... 6.7
Subsurface Conditions.............. ..... .......... 4.2-4.3
Supplemental costs. ................ .. .............. 11.4.5
Supplementary Conditions-deFtnition of ................ 1
Supplementary Conditions-principal
references to .. 2.2,4.2.5.1,5.3,5;6-5.8,6.3,6.13: 6.23,
7.4,9.3
Supplementing Contract Documents............... 3.4-3.5
Supplier-definition of........,.......................... 1
Supplicr-principal refercnces to ... 3.6,6.5,6.7-6.9,6.20,
6.24,9.13,9.16, 11.8, 13.4, 14.12
Surety--consent to payment .................. 14.12,14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1,10.5,15.2
Surety-qualitication of ........................... 5.1-5.2
Suspending Work, by Owner......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence.................. 6.1-6.2
Taxes--Payment by Contractor......................, 6.15
Termination-by Contractor......... ................. 15.5
Termination-by Owner.....,................... 15.2-15.4
Termination, Suspension of Work and-in general ...... 15
Tests and Inspections ......:.................... 13.3-13.7
Time, Change of Contract ..........;................... 12
/
Time, Computation of ................................ 17.2
Time, Contract-<letinition of ..... .... ...... .......... '" I
Uncovering Work ............................... 13.8-13.9
, Underground Facilities-definition of .................... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-<lefinition of ..:....................... I
Unit Price Work-general ................. 11.9, 14.1. 14.5
Unit Prices......................................... 11.3.1
Unit Prices. Determinations for....................... 9.10
Use of Premises................................. 6.16-6.18
Utility owners.......................... 6.13,6.20, 7.2-7.3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25,6.27.9.5
Visits to Site-by Engineer............................ 9.2
Waiver of Claims-on Final Payment................ 14.16
Waiver of Rights by insured panies ............. 5.10, 6.11
Warranty and Guarantee-by Contractor............. 13.]
Warranty of Title, Contractor's....................... 14.3
Work, Access to .....................................13.2
Work-by others ........................................ 7
Work Continuing During Disputes .:.................. 6.29
Work, Cost of ................................... 11.4-11.5
Work-<letinition of ..................................... 1
Work Directive Change-<letinition of ................... 1
Work Directive Change-principal .
references to ............................3.4.3, ]0.]-10.2
Work, Neglected by Contractor ......... .'........... 13.14
Work, Stopping by Contractor..................... ... 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendment-detinition of ...................... I
Written Amendment-principal
references to ...............'...... 3.4.1,10.1, 11.2,12.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which arc applicable to both thc singular and plural
thereof:
Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. corre'ct or change the bidding
documents or the Contract Documents.
Agreement-The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereofas provided therein.
AppliclltiOll fur Pa)'/Ilellt- The form accepted by ENG I.
N EER which is to be uscd by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
Bid-The offer or proposal of (he bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
Bonds-Bid, performance and payment bonds and other
instruments of security.
Challge Order-A document re,:ommended by ENGINEER.
which is signed by CONTRACTOR und OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
onor after the Effective Date of the Agreement.
COlltract DOCllmellts- The Agreement. Addenda (which per-
tain to the Contract Documents), CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Bonds,
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
citically identitied in the Agreement. together with all amend-
ments. modifications and sU\Jplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
COlltract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 1\.9: I in
the case of Unit Price Work).
COlllract Timt'- The number o(days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corpor,llion with whom
OWNER has entered into the Agrcement.
defeclil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory, faulty or deficient, or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval rcferred to in the Contract Documents. or
has been damaged prior to ENGlNEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Dra1dngs- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents.
Effectil'e Date of tire Agreemellt=- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the t\....o parties to sign and
deliver.
ENGINEER-The person, firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Reqlliremellts-Sections of Division I of the Speci.
tications.
Laws and Regl/latiuns; Lal"s or Regulations-Laws. rules,
regulations. ordinances. codes and/or orders.
Notice of A \\'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agre.ement.
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and or.
which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTR..'\CTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utikation-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
beforc rcaching Substantial Completion for all the Work.
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents,
Resident Projt'cl Represenlalive- The authorized represen-
tative of ENGINEER who is assigned [0 the site or any part
thereof.
7
Shop Drawings-All drawings, diagrams, illustrations,
schedules and other data which are specitically prepared by
or fDr CONTRACfOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perfor-
mance chans, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR t.o
illustrate material or equipment for some portion of the Work.
Specijications- Those portions 01' the CDntract'Documents
consisting of written technical descriptions of materials,
equipment, construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor-An individual, film or corporation having a
direct contract with CONTRACfOR or with any other Sub-
contractor for the performance of a pan of the Work at the
site.
Substantial Completion-The Work (ora specified part thereDf)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certiticate
of Substantial Completion, it i:; sufficiently complete, in
accordance with the Contract Documents, so that the Work
(or specified pan) can be utilized for the purposes for which
it is intended; or if there be no such certiticate issued, when
final payment is due in accordance with panigraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
Supplementary Conditions-The pan of the Contract DDCU-
ments which amends or supplements ,these General Condi-
tions.
Supplier-A manufacturer, fabricator, supplier, distributor,
materialman or vend Dr.
Underground Facilities-All pipelines. conduits. ducts, cables.
wires. manholes, vaults, tanks, tunnels or other such facilities
or attachments, and any encasements containing such facil~
ities which have been installed underground to furnish any of
the following services Dr materials: electricity. gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television; sewage :and 'drainage removal. traffic
or other control systems or water.
Unit Price Work-WDrk to be paid for on the basis of unit
prices.
Work-The entire completed construction Drthe various sep-
arately identitiable pans thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all
as required by the Contract Documents.
Work Directive Change-A written directive to CONTRAC-
lOR, issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
.ordering an addition, deletion or revision in the Work; or
responding to differing Dr unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 orA.3 or to emergencies under paragraph 6.22. A Work
. Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the panies as to its effect, if
any, on the Contract Price Dr Contract Time as provided in
paragraph 10.2.
Written Amendment-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR .on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Boru1s:
2.1. When CONTRACfOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver tq
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specitied in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
CommencemenJ of COtl!rcut Time; NotU:e to Proceed:
2.3. The Contract Time will commence to run on the
thinieth day 'after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A NDtice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree.
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening'
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starting the Project:
2.4. CO~TRACTOR shall start to perform the Work on
the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Staning Construction:
2.5. BeiDre undertaking each pan of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify peninent tigures shown
8
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
, conflict, error or discrepancy which CONTRACTOR may
discover and shall obtain a writl.en interpretation or clarifi.
cation from ENGINEER before procceding with any Work
affected thereby; howevcr, CONTRACTOR shall not be lia.
ble to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy ill the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably havc kno'wn thereof.
2.6. Within ten days after th~ Effective Date of the A,gree.
ment (unless otherwise specifit:d in the General Require.
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub.
missions; and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub.
, mission.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4, and
OWNER shall deliver to CONTRACTOR certificate's (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintaih in
accordance with paragraphs 5.6 and 5.7.
Preconstruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the. Work at
the site, a confercnce attended by CONTRACTOR. ENG 1-
NEER and othcrs as approp,iate will be held to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
underst:ll1ding among the parties as to the V..'ork.
Finali::.ing Schedules:
2.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENGINEER and otht:rs as appropriate will be held to
finalize the schedules submitted in accordance with para-
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time, but such
acceptance will neither impose on ENG IN EER responsibility
for the progress or scheduling of the Work nor relieve CON.
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule ofva\ues will
be acceptable to ENGINEER as to form amI substance.
ARTICLE 3-CONTRACT DOCU~IENTS: INTENT.
A~lENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree.'
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance ,\lith the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the' Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work, materials or
equipment such ,:ords shall be interpreted in accordance'with
that meaning. Reference to standard specifications. manuals
or codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification, manu3.1
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR ?r
ENGINEER. or any of their consultants. agents or employ.
ees from those set forth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any ,duty or authority to undertake responsi.
bility contrary to the provisions of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
shall be issued by ENG IN EER as provided in paragraph 9.4.
3.3, If. during the performance of the Work. CONTRAC-
TOR finds a conflict. error or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a wrillen interpretation or clarification
9
from ENGINEER: however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Contract Documents
unless <;::ONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Amending and Supplementing Conlrcut Documents:
304. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways: .
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.2 ~,nd 12.1, Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. . ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
3.5.3. ENGINEER's wl;tten interpretation or clarifi-
cati,on (pursuant to paragraph 9.4).
Reuse of DocumentS:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any there-of) prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4-A V AILABIUTY OF LANDS; PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailabiliIy of Lands:
4. I. OWNER shall furni:;h, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed, rights-of-way and e2.sements for access thereto, and
such other lands which are designa'ted for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or case-
ments entitles CONTR.A.CTOR to an extension of the Con-
tract Time. ,CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR sh,all provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physual CoruiiJions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Exisring Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in .the immediately preceding sentence and in
paragraph 4.:!.6. CONTRACTOR shall have full respon.
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report oj Differing Condirions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical ,condition uncovered or
revealed at the site differs materially from that indi. '
cated, reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.221, notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
4.2.4. ENGINEER's Review: ENGINEER will
promptly review' the pcrtincnt conditions. determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle Document ChallRe: If ENGINEER
concludes that there is a material error in the Contract
Documents or that bccause of newly discovered conJi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to renect and document the
consequences of the inaccuracy or diffcrence.
4.'!.6. Possible Price and Time Adjustments: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable'to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles 11 and 12.
Physical Conditiofls-U ndergrou nd F aci/ilies:
4.3.1. Sholl'l! or Illdicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information a.nd data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro.
vided in the Supplementary Conditions:
4.3,.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and,
4.3.1.2. CONTRACTOR shall.have full responsi-
bility for rcviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during constnJction. for the safety and pro.
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4.3,2. Not Sholl'l! or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22). identify the owner
of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER wilt promptly rcview the Underground Facility to
dcterminc thc extent to which the Contract Documents
should be modified to rcOect and document the conse-
quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the exten! necessary. During sllch time. CONTRAC-
'TOR shall be responsible for the safety and protection of.
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both,
to the extent that they are attributable to the nistence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab.
lish reference points for construction which in ENGINEER '$
judgment are necessary to enable CONTRACTOR toproceed
with the Work. CONTRACTOR shall be responsible for lay.
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWN ER. CONTRAC.
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon.
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.'
ARTICLE 5-BONDS AND INSURANCE
Performance andOther Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful pe'rformance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con~
tract Docllments. CONTR.ACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi.
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contrnct Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com.
panics" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent mUSl be accompanied by a certified
copy of the aUlhority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
(0 do business is terminated in any state where any part of
II
the Project is located or it ceases 10 meet the requirements
of paragraph 5.1, CONTRACfOR shall within five days
, thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
COrW"aCUJrs LWbilily Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from c1ajms set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen.
sation, disability benefits and other similar employee ben-
efit acts;
5.3.2. Claims for damage!; because of bodily injury,
occupational sickness or disease. or death of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACfOR's employees;
5.3.4. Claims for damage:; insured by personal injury
liability coverage which are :sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason:
5.3.5. Claims for damag:s. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom; .
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages becau~,e of bodily injury or death of
any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverage:s provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required ,to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled, materially changed or renewal refused until atleasl
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. AU such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12.
In addition, CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
,insurance at final payment and one year thereafter.
Contractual LiabUiJy Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
OwntrJs Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Proptrry Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER. CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties, shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief. collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages,
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of,"
engineers, architects, attorneys and other professionals). If
not covered under the "all risk" insurance or oth~rwise pro-
vided in the'Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
12
5.8. All thc policies of insurance (or the certificates or
other cvidence thereof) required to be purchased and main-
tained by OWNER in accordancc with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or rencwal
refused until at Icast thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurancc to protect the interests
of CONTRACtOR, Subcontractors or others in the Work to
the extent of any deductible am~unts that are provided in the
Supplementary Conditions. The risk of loss within the
deductib,te amount. will be borne by CONTRACTOR, Sub-
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the purchas.
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possiblt:, include such insurance, and
the cost thereof will be charged to CONTRACTOR by appro.
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors, ENGI.
NEER, ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waivcr provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise P9-Y-
able under any policy so issued. '
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
'covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's consultant OWNER will obtain the same. and if
such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of p::Hagraph
5.13. OWNER shall deposit in a separate account any money
so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
sellle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make 'set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per.
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection-to the coverage afforded
by or other provisions of the insurance reqt:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents, OWNER shall notify CON.
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWN ER in accordance ,with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5,7 on the basj~ of
their not complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON.
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur.
ance purchased by the othe'r as complying with the Contract
Documents.
Partial Utili:atiof/:....-Property J f/SUTance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple.
tion of all the Work. such use or occupancy may be accom-
plished in accordance with paragraph 14.10: provided that no
13
such use or occupancy shall commencc bcforc the insurers
providing tne property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE &--CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as m'ay be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means. methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.:!. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, MaJeriols and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shaU at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed
during regular working hours~ and CONTRACTOR wiU not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ.
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise sp'~cified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon.
sibility for all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances.
fuel. power, light. heat, telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing, p<:rformance. testing, start-up
and completion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
.tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro.
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENCiINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments; these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type,
function and quality required. Unless the name is followed
by words indicating that no substitution is permined,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ.'
ten application to ENGINEER for acceptance thereor'.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be simila~ and of equal substance, to'
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorPoration or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
royalty. All variations of thc proposed substitutc from that
specificd will be identified in the application and-availablc
maintenancc. repair and rcplacement service will be indi.
catcd. The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affccted by the rcsulting
change. all of which shall be considercd by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data abom th.:: proposed substitute.
6.i.2. Ifa specific m.::ans. l;,ethod. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means. method. sequence, technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.\ as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENG 1-
NEER will be the sole judge of acceptability, and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ingeach proposed substitutl~.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR :shaJl not employ any Subcon-
tractor. Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
catedin paragraph 6_8.2). whether initially or as a substi.
tute. against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person or
organization to furnish or peli"orm any of the Work against
whom CONTRACTOR has rcasonable objection.
6.8.2. If the Supplementary Conditions require thc-
identity of ccrtain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and equipmcnt) to be sub-
mitted to OWNER in advancc of the specified date prior
to the Effectivc Date of the Agrcement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thercof in accordance .....ith thc Supple.
mentary Conditions, OWNER's or ENGINEER's accept.
ance (eithcr in writing or by failing to make written objcc-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Changc Order will be issued or \Vritten Amendment signed.
No acccptance by OWNER or ENGINEER of any such
Subcontractor, Supplier or other person or organization
shall constitute a waiver of any right of OWN ER or ENG I.
NEER to reject defectil'e Work,
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon.
tractors. Suppliers and othcr persons and organizations per.
forming or furnishing any of the Work und.:r a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis.
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor, Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the' payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or dclineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreemem
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms ar.d
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of an}' insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5,7.
Patent Fees and Royallies:
6,12. CONTRACTOR shall pay all license fees and roy.
alties and assume all costs incident to the use in the perfor.
mancc of the Work or the incorporation in the Work of any
invention. design. process. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invcntion. design. process. product or device is
specified in the Contract Documents for use in the perfor-
mance of the Work and if to the actual knowledge of OWNER
15
or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to otbers,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages, lossc:s and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent right~; or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or devic.e not specified in'the Contract Documents,
and shall defend all such claims in .::onnection with any alleged
infringement of such rights.
PermiJs:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for 'the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
Laws aruI Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and, Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations, neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws, or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTR.,I.,.CTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom: however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws, and
Regulations.
Taxes:
6.15. CONTRACTOR shall pay all sales. consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
.Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment; the storage of materials and equipment and the oper.
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights.
of-way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
with such other pany by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER harmless from and against
all claims, damages, losses and expens~s (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equi-
table, brought by any such other party' against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction equip-
ment and machinery, and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACfOR shall not load nor permit any part
of any structure to be loaded in any manner that will endanger.
the structure, nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documenls:
6.19. .CONTRACfOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications,
Addenda, Written Amendments. Change Orders, Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con.
struction. These record documents together with all,approved
samples and a counterpan of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
pletion of the Work, these record documents; samples and
Shop Drawings will bc dclivercd to ENG INEER for OWN ER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supcrvising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
takc all necessary precautions for the safety of. and shall
provide the necessary protection to prcvent damage. injury
or loss 10:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
6.:!O.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns. walks. pavements, road-
ways, structures, utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss; and shall ere.:t and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners ..vhen prosecution of the Work
may affect them, and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. All damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR, any Subcontractor.
Supplier or any other person or organization directly or indi.
rectly employed by any of them to perform or furnish any of
the Work or anyone for whoso:: acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of ,Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
empl'oyed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi.
rectly. in whole or in part. tCo the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continuc until
such timc as all the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14. \ 3 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.2\. CONTRACTOR ~,hall designate a responsible rep.
resentative at the sitc whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR's superin.
tendent unless othcrwise designated ill writing by CON-
TRACTOR to OWN ER.
Emergencies:
6.22. In emergencics affccting the safcty or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR, without special instruction or authorization
from ENGINEER or OWNER, is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes' in the Work or variations from
the Contract Documents have been caused thereby. If ENG I.
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para.
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor.
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc.
uments. All samples will have been checked by and accom.
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. Suppiier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri.
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2, At the time of each submission. CONTRAC
TOR shall give ENGIN EER specific written notice of each
variation that the Shop Drawings, or samples may h3 ve
from the requirements of the Contract Documents. and.
in addition. shall cause a specific notation to be made on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples, but ENGI.
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means, methods, techniques, sequences
or procedures of construction (exc,::pt where,a specific means,
method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER,
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not reli.:ve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related W,ork performed prior to ENGI-
NEER's review and approval of the perti nent submission will
be the sole expense and respon:;ibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere '
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend.
ing resolution of any disputes or disagreemen'ts, except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
1 rulemnification:
6.30.. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and'ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
expenses. direct, indirect or consequential (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals and court and arbitration costs) aris.
ing out of or resulting from the performance of the Work,
provided that any such claim, damage, loss,or expense (a) is
attributable to bodily injury, sickness, disease or death, orto
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
.(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor, any person
or organiution directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENG 1-
NEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of lTIaps, drawings, opinions,
reportS, surveys, Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Relaled Work al Sile:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owner,; or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, wrinen notice thereof will be
given to CONTRACTOR prior to st.art.ing any such other
work: and, if CONTRACTOR believes that such perfor-,"
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles II and 12. '
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a pany to such a direct contract (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, lining and patching of
the Work that may be required to make its several parts come
together properly and integrate with such, other work. CON-
18
'--
TRACTOR shall not endangcr any work of others by cutting.
cxcava'ting or othcrwise altering their work and will only cut
or alter their work with thc written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph arc
for the benefit of such utility owncrs and other contractors
to the extent that there arc comparable provisions for the
benefit of CONTRACTOR i~ said dircct contracts betwcen
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit <l,nd proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficicnci,:s in the other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site, the person or
organization \vho will have authority and responsibility for
coordination of the activities rlmong the various prime con-
tractors will be identified in the Supplementary Conditions.
and the spccific matters to be covered by such authority and
responsibility will be itemized, and thc extent of such author-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENG INEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.:!. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no n:asonable objection, whose sta.
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documer,ts promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14:13.
8A. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
referencc points arc sct forth in paragraphs 4. 1 and 4.4. Para-
graph 4.2 refcrs to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing struc-
tures which have been utilizcd by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWN ER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph IDA.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's rig.ht to stop Work or
suspend Work. see paragraphs 13.10 and b.l. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
\
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be exten~ed without written
consent of OWNER and ENGINEER.
Visils to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on.site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a grealer degree
of confidence that the completed' Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog'
ress of thc Work and \vill endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation: I
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary' Conditions. If OWNER
designatcs another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee, the duties.
responsibilitics and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
19
,...
CIarificatWns and 1 rnerpretaJWns:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require:-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents.lfCONTRACTOR
believes that a wrirten clarification or interpretation justifies
an increase in the Contract Pric.e or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
ther~for as proyidcd in Article 1] or Article 12.
Awhorized VarW.t:Wns in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the paiti,:s are unable to agree as to
the amount or extent thereof, CONTRACTOR may ma..\(e a
claim therefor as provided in Anicle II or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to requirl: special inspection ortesting
of the Work as provided in paragraph 13.9, whether or not
the Work is fabricated, installed or completed.
Shop Drawings, Change Orders (J'nd Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. :5ee paragraphs 6.23 through
6.29 inclusive. .
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see AJ:ticles 10. II and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc., see 'Article 14.
DetenniTUllions for Unit Prices:
9.10. ENGINEER will detcrmine the actual quantitIes
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days
after the date of any such decision, either OWNER or CON-
TRACTOR delivers to the other pany to the Agreement and
to ENG INEER written notice of intention to appeal from
such a decision.
,Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the accep;ability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Time will be' referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute and other marteI' will be delivered
by'the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to aScertaio
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.1 1 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or othei maner.
Limilations on ENGINEER's Responsibi.1i!ies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER in good faith eitherto exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-
contractor, any Supplier, or any other person or organiz.ation
perforrning any of the Work. or to any surety for any of them.
9.14. Whenever in the Contracl Documents the terms" as
ordered", "as directed". "as required", "as allowed", "as
approved" or terms of like effect or import are used. or, the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement, direction, review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other.
wise). The use of any such term or adjective shall not be
20
effcctivc to assign to ENGINEER any duty or authority to
supcrvise or direct thc furnishing or performance of the Work
or any duty or authority to undertake rcsponsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not bc responsible for CON.
TRACTOR's mcans, methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and pro.
grams incident thereto, and ENGINEER will not be respon.
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any othcr person or organization performing
or furnishing any of the Work.
ARTICLE 100CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice
to any surety, OWNER may, at any time or from time to
time, order additions, deletions or revisions in the Work:
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed a~; a result of a Work Directive
Change. a claim may be made therefor as provided in Article
11 or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and supple-
mented as provided in paragraphs 3.4 and '3.5, except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
i
10.4.1. changes in the Work which are' ordered by
OWNER pursuant to paragraph 10.1, are required because
of acceptance of defectil'e Work under paragraph 13.13 or
correcting defeclil'e Work under paragraph 13.14, or are
agreed to by the parties:
10.4.2. changes in the Contract Price or Contract Time
which arc agreed to by the parties: and
10.4.3. changes in the Contract Price or Contract Time
which cmbody thc substancc of any written decision rcn.
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of cxccuting any such Change Order,
an appeal may be taken from any such decision inaccordance
with the provisions of the'Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carryon the Work and adhcre to the prog.
ress schedule as provided in paragraph 6.29.
10.5. If notice of any changc affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be CONTRAC.
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subjcct to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivcred by the party making the claim to the other
party and to ENGINEER promptly (but in no e\'ent later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general naturc of the claim. Noticc
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustmcnt in the Contract Price will be valid if not
submitted in accordancc with this paragraph II.:!.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involvcd is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs J J .9.1. through
11.9.3. inclusive).
21
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3.' On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 1 I .5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The term Cost of the \Vork means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages
plus tile cost of fringe benefits which shall include social
security contributions, unemployment. excise and payroll
taxes, workers' or work'men's compensation, health and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holida,ys. shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
portation and storage thereof, and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebate:; and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliv,er such bids to OWNER who
will then determine. with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
to the othcr provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers. architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
1\.4.5.1. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.:!. Cost. including transportation and main-
tenance. of all materials. supplies. equipment, machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work, and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thcreof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4. Sales, consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related'
expenses), not compensated by insurance or otherwise:
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages witpin the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for thc purpose of determining CONTRAC-
TOR's Fee. If. however, any such loss or damage
22
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
J 1.6.2.
11.4,5.7. The cost of utilities. fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams. long
distance tclephone calls, telephone servicc at the sitc.
expressage and similar petty cash items in conncction
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of thc deductible amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers. exec'utives. principals (of partner.
ship and sole proprietorships), general managers. engi.
neers, architects. estimators. attorneys. auditors. accoun-
tants, purchasing and contracting agcnts. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses (If CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
11.5.3. Any part ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and chargt:s against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is rcquircd by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub.
paragraph 11.4.5.9 above).
11.5.5. Costs due to the negligencc of CONTRAC.
TOR, any Subcontractor. or anyone directly or indirectly
employed by any of than or for whose acts any of them
may be liable. ir.c!!.Juing but notlimiteJ to. thc corrcction
of deji:cri,:, Work. disposal' l)f materials or equipment
wrongly su~ :O:;':'{ a;-.'j making good any damage to prop-
erty.
11.5.6, Other overhead or genaal expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11..l.
CONTRACTOR's Fee:
11.6, The CONTRACTOR's Fee allowed to CONTRAC.
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or if none can
be agrccd upon.
11.6,2. a fce based on the following percentages of the
various portions of the Cost of the_ Work:
1I,6.:!.I. for costs incurred under paragraphs \ 1.4,1
and It.4,:!. thc CONTRACTOR's Fee shall be fifteen
percent:
11.6.:!.2. for costs incurred under paragraph 1\.4.3.
the CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen pcrcent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4. l1.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net dccrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease; and
11.6.2.5. when both additions and credits are
involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
throJgh 11.6.2.4, inclusive.
11,7. Whenever the cost of any Work is to be determined
pursuant to paragraph II"': or 11.5. CONTRACTOR \vill
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv.
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site. labor. installation costs. overhead.
profit and other expenses contemplated for the allowances
have been included in the Contract Price and not in the
23
allowances. No demand for additional payment on account
of any thereof will be'valid.
Prior to final payment, an appropriate Change Order wiU be
issued as recommended by ENGlNEER to reflect actual
amounts due CONTRActOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
UniJ Price Work:
11.9.1. Where the Contract Documents provide that
all or pan of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article II if the panies are
unable to agree as to the amount of any such increase.
ARTICLE 12-CHANGE OF CONTRACT TIME
12.1. The Contract Til1)e may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER prom~tly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the, claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's writtc:n statement that the adjust-
ment claimed is the entire adju~;tment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise'
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
.of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article: 7, or to fires, floods, labor
clisputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and coUrt and arbitration
costs) for delay by either pany.
ARTICLE 13-:--W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WaTT"IIIU)' and Guaran1ee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective' Work, whether or not in place, may be
rejected, corrected or accepted as provided in this Article 1 J.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER, testing agencies and gov.
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation, inspecting , .
, and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections, tests or'
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
be inspected, tested or approved, CONTRACTOR shall
assume full responsibility therefor, pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection, testing or approval. CONT~CTOR shall also
24
be responsible for and shall pay all costs in connection with
any inspection or tcsting required in connection with OWN-
ER's or ENGIN EER 's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work, or of
materials or equipment submittcd for approval prior to CON.
TRACTOR's purchase thereof for incorporation in thc Work.
The cost of all inspections. tcsts and approvals in addition to
the above which are requircd by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.5. All inspections. tests or approvals other than those
required by Laws or Regulatioris of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
specified).
13.6. If any Work (including the work of others) that is
to be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must. if requested by ENGI-
NEER, be uncovered for obser/ation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten.
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
1T.8. If any Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGINEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered \york be observed by ENGINEER or inspected
or tested by others, CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection or testing as ENGINEER may
require, that portion of the \Vork in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is defectil'e. CONTRACTOR shall.bear all direct.
indirect and 'consequential costs of such uncovering. expo.
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architccts. attorncys and other profcssionals).
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. may make a claim thaefor as provided
in Article II. If. however: ~;uch Wvrk is not found to be
defeclil'e. CONTRACTOR shall be allowed an increase in
the Contract Price ;;r :\n e,\tension of the CoO[ract Time. or
both. directly attributable tv such uncovering. exposure.
observation. inspection. testing and reconstruction: and. if
the parties arc unable to agree as to the amount or extent
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop tire Work:
13. ]0. If the Work is defectil'e, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to S!oP the
Work. or any portion thereof. until the cause for such order
has been eliminated: however. this right of OWNER to stop
the Work shall not give rise to any duty on the part of O\VN ER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defectil'e Work:
13.11. Ifrequired by ENGINEER. CONTRACTOR shall
promptly, as directed. either correct all defectil'e Work,
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. rcmove it from the
site and replace it with nOlldefectil'e Work. CONTRACTOR
shall bear all direct"indirect and consequential costs of such
correction or removal (including but not limited toffees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision'of the Contract Documents, any
Work is found to be defecril'e. CONTRACTOR shall promptly,
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defeciil'e Work. or.
if it has been rejected by OWNER. remove it from the site (
and replace it with nondeJecril'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions,
or in an emergency where delay'would cause serious risk of
loss or damage,OWNER may have the defectil'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such rcmoval and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professional~) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defecril'e Work:
13.13. If. instead of requiring correction or removal and
replacement of defecril'e Work. OWNER (and. prior to
ENGINEER's recommend3tion of final p3yment. also
ENGIN EER) prefers to accept it. OWN ER may do so. CON-
TRACTOR shall bear all direct. indirect and consequential
25
costs attributable to OWNER's evaluation of and determi-
nation to accept such defec/ive Work (such costs to be approved
by ENGINEER as to reasonablene:ss and to include but not
be limited to fees and charges of engineers, architects, anor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or pan of the site, take
possession of all or pan of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools, applianl:es, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives, agents and employees sllch access to the site as may
be necessary to enable OWNER to exercise the rights and,
remedies under this paragraph. AU direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER, and a Change
Order will be issued incorporating the necessary revisions in
the Contract' Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the panies are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects, attorneys and other professionals,
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defec/ive Work. CONTRACTOR shall not be allowed an
extension of the Contract Time: because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
.Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into-a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Applica!ionfor Progress Payment:
14.2. At l~ast twenty days before each progress payment,
is scheduled (but not more often than once a month), CON.
TRACTOR shall submit to ENGINEER for review an Appli.
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supponing documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice
or other documentation warranting that OW~ER has received
the materials and equipment free and clear of all liens, charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate propeny insurance and other arrangements to
protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14,). CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli.
cation for Payment, whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Review of Applica!ions for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's rcasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrcctions and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay.
mcnt with ENGINEER's recommendation. the amount rec.
ommended will (subject to the provisions of thc last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommcndation of any payment
requested in an Application for Paymen~ will constitute a
26
rcprescntation by ENGINEER to OWNER. based on ENGI.
NEER's on-sitc obscrvations of the Work in progress as an
experienced and qualified dcsign professional and on ENGI.
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro.
gressed to the point indicatcd: that, to the best of ENGI.
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an cvaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9. (0, and to any other qualifi.
cations stated in the recommendation): and that CONTRAC.
TOR is ,entitled to payment of the amount recommended.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus.
tive or continuous on.site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigne':i to ENG[NEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC.
TOR to be paid additionally by OWNER or OWNER to
withhold pay,ment to CONTRACTOR.
14.6. ENGINE~R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay.
ment. or. because of subsequently discovered evidence or
the results of subsequent inspe.:tions ortests. nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
[4.7.1. -the Work is defectil'e. or completed Work has
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ.
ten Amendment or Change Order.
14.7.3. OWNER has been required to correct defec-
til'e Work or complete Work in accordance with paragraph
13.14. or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusivc.
OWNER may rcfuse to make paymcnt of the full amount
rccommendcd by ENGINEER bccause claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been fikd
in connection with the Work or there are other items entitling
OWNER to a set.off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI.
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENG[NEER shall make an inspection of the Work to deter-
mine (he status of completion. If ENGINEER does not con.
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor.
rected before linal payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions. ENGINEER concludes that the Work is not substan.
tially complete, ENGINEER will within fourteen days after
submission of the tentative certilicate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete, ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tent;jtive list of items to be com.
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider.
ation of any objections from OWN ER. At the time of delivery
of the tentative certificate of Substar.tial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
linal payment between OWNER and CONTRACTOR with
respect to security, operation. safety, maintenance. heat.
utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform'
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore.
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON.
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utili::.arion:
14.10. Use by OWNER of any finished part of the Work.
which has specifically been identified in (he Contract Docu-
?7
ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be use'd by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject 'to the follow-
ing:
]4.10.1. OWNER at, any time may request CON-
TRACTOR in writing to permit OWNER to use any such
pan of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR wiU certify toOWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a cenificate of
Substantial Completion for that: pan of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its i.ntended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that pan of the Work.
Within a reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that pan of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that pan of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to pennit OWNER to take over
operation of any such pan of the Work although it is not.
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before,
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER,
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, utilities; insur-
ance. warranties and guarantees for that pan of the Work
which will become binding. upon OWNER and CON-
TRACTOR at the time whe,n OWNER takes over such
opetation (unless they shall ha ve otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or corrc:ct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Finallnspeclion:
14.11. Upon \l,TItten notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI.
NEER will ma.l.;,e a final inspection with O\VNER and CON.
TRACTOR and will notify CONTRACTOR in \l,TIting of all
paniculars in which this inspection reveals that the Work is
incomplete or defective. CONTR.A.CTOR shall immediately
take such measures as are necessary to remedy suchdefi".-
ciencies.
Final A;pplication for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions, schedules, guaran-
tees, Bonds, certificates of inspection, marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in full; an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services, material and equipment for which a Lien could be
filed, and that all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNERor OWNER's property might in any way be respon.
sible, have been paid or otherwise satisfied: and consent of
the surety, if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac.
tory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled, ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment, indicatc in writing ENGINEER's rec.
ommendation of payment and present the Application to
OWNER for paymcnt. Thereupon ENGINEER will give
written noticc to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of. paragraph 14.16.
28
Otherwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER 'of the
Application and accompanying documentation, in appropri-
ate form and substance, and wi\h ENGINEER'srecommen-
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.14. If. through no fault of CONTRACTOR. final com.
pletion of the Work is'signific11ntly delayed and if ENGI.
NEER so confirms, OWNER ~;hall, upon receipt of CON.
TR..A..CTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER Cor Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1, the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitute a
waiver of claims.
Contractor's Continuing ObligaJion:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
, nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a notice
of acceptability by ENG IN EER pursuant to paragraph 14.13,
nor any correction of defectl\'e Work by OWNER will con-
stitute an acccptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Waiver of Claims:
\4.16. The making and acceptance of final payment will
constitute:
14.16.1. a waivcr of all claims by OWNER against
CONTRACTOR. except claims arising from unsettkd
Liens. from defecti\'/;' Work appearing after final inspec.
tion pursuant to paragraph 14.1 \ or from failure to comply
with the Contract Docum(:nls or the terms of any special
guarantees specified therein: however. it will not consti-
tute a waiver by OWN ER of any, rights, in resp~ct of
CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ.
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause. sus,-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in wriling to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price oran extension of the Contract Time, or both.
directly attributable to any suspension if CONTRACTOR'
makes an approved claim therefor as provided in Articles 1 \
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11, United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency;
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as no\v or
hereafter in effect at the time of filing. or if a petition is
tiled s-eeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
15.:!.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.:!.4.' if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR' s creditors:
l5.~.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15.~.6. if CONTRACTOR persistently fails to rx:rform
the Work in accordance with the Contract Documents
29
(including, b'ut not limited to, failure to supply sufficient
skilled workers or suitable malerials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body havin:; jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR 'otherwise violates in any
substantial way any provisions of the Contract Docu.
ments;
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the e'xtent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order, but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
.payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER, OWNER may, without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses, which
will include, but not be limited to, direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Corurcu:tor May Stop Work or Terminale:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thiny days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER, terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the ~bligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreeme'nts with O\VNER.
. [The remainder of this page was left blank intentionally.]
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Geo~gia.
(The remainder of this page was left blank intentionally,)
r
31
ARTICLE 17 - MISCELlANEOUS:
GIVING NOTICE':
17.1 Whenever any prov~s~on of the Contract Documents requires the giving
of written notice, it will be deemed to have been validly given if'delivered
in person to the i.ndividual or, to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address
known to the giver of the notice.
,CONPUTATION OF TINE:
17.2.1'. When any, period of time is'referred to in the Contract Documents
by days; it will be computed to exclude the first and include the last day
of such period. If the last day of any such period falls on a Saturc!ay
or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted ,from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to
the next midnight shall constitute a day.
GENERAL:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or
property because of any error, ornrnission or act of the other party or of
any of the other party I s employees or agents or others for whose ac ts the
other party is legally liable, claim will be made in writing to the other
party within a reCi.sonable time of the first observance of such injury or
darIlage. The provisions of' this paragraph 17.3 shall not be, construed as
a substitute for (Ir a waiver of the provisions of any applicable statute
of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and
the rights and remedies available hereunder to' the parties hereto, and,.
in particular but without limitation, the warranties, guarantees and obliga-
tions imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13 .12, 13.14, 14.3
and 15.2 and all of the rights and remedies available to OWNER and ENGINEER
thereunder, are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or Regulations, by special
warranty- or guarantee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be effective as if repeated
specifically in the Contract Documents in connection with each particular
duty, obligation, right and r~~edy to which they apply. All tepresentations,
warranties and guarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
ARTICLE 18 - OSHA SAFETY AND HEALTH STANDARDS:
18.1. Where applicable, construction methods and techniques shall comply
with OSHA Safety :3.nd Health Standards (29 CFR 1926/1910) OSH..A" 2207 Revised
1987.
18.2. The ENGINEER shall not be
construction techniques, methods,
that his own construction methods
OSHA Safety and He,3.1th Standards (29
responsible or liable for CONTRACTOR's
or progress. CONTRACTOR shall insure
and techniques are incompliance with
CFR 1926/1910) OSHA 2207 Revised 1987.
32
. SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Richmond County for this
project.
, Current insurance coverages will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Se:ction 5.3 of the General Conditions, the Contractor's Liability Insurance
shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone
person, and subject to the same limit for each person, in an amount not less than $500,000 on
account of one accide:nt, and Contractor's Property Damage Insurance in an amount not less
than $100,000 for all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less th~n $200,000 for any such damage sustained by two or more persons
in anyone accident.
The Contractor shall either (1) require each of his subcontractors to procure and to maintain
during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the
type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities
of his subcontractors in his own policy.
1.3 SPECIALTY HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide
~ '
adequate protection against the following special hazards:
A. Work within the rights-of-way of the Augusta-Richmond County roads.
B. Work within easements granted by property owners in connection with the construction of
the project.
C. Work in close proximity to existing water lines, power lines, telephone lines, gas lines,
other utilities and private structures contiguous to the job site.
1.4 TESTING LABORATORY:
All materials testing 'and laboratory work in connection therewith shall be paid for by the
Contractor and approved by the Engineer.
SC-I
1.5 SURVEYS:
The Contractor will provide surveying for construction stake-out, horizontal control and vertical
control as necessary.
1.6 PROGRESS :PAYMENTS:
Section 14.2 of the General Conditions shall be amended as follows:
The Contractor may submit monthly estimate for work completed and materials properly stored
as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or
other documentation warranting that the Owner is receiving the material free and clear of all
liens, charges, security interest and other encumbrances shall be attached to the payment request.
This agreement is inte:nded by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Act, O.c.G.A. Section 13-11-1, et seq. In the event any provision oftms
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision oftms
Agreement shall control.
1. 7 ENGINEER:.
All references to "Engineer" shall be interpreted to mean the County's official designee.
1.8 UNDERGROUND UTll-ITIES: (Reference 4.3, 1-4,3.2)
The Contractor shall coordinate with all utility companies through the "one call" method or other
appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the
Contractor's work. '
1.9 SAFETY: (Reference 6.20)
The Contractor shall use flagmen, barricades, and signs as necessary to notify the public, in
particular those persons driving in the vicinity of the project, of the construction and its affect on
traffic,
SC-2
TECHNICAL SPECIFICATIONS
SECTION T-l - SITE: WORK
SCOPE:
The work covered by this specification consists offurnishing all plant, labor, equipment,
appliances, materials and supervision, and in performing all operations in connection with
clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade
setting in strict accordance with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
GENERAL:
Operations shall be conducted in a manner which will provide for the safety of employees and
others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be
safeguarded end prote/:;ted from damage, and supported if necessary. Prior to. any work the
Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits
have otherwise been obtained. See Special Conditions for field layout, staking, and grade setting
requirements.
Classification of Excavation: All excavation in connection with site work will be considered
unclassified common (:xcavation'.
CLEARING:
Clearing shall consist of the felling and cutting up or trimming oftrees and the satisfactory
, disposal of the trees and other vegetation designated for removal together with the down timber,
snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be
removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off
flush with or slightly below the original ground surface. Trees and stumps in areas to the covered
by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original
ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed
by uprooting or any other method that the Contractor may'propose that is satisfactory to the
Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of
all live branches to such heights and in such manner as directed by the Engineer. All limbs and
branches required to be trimmed shall be neatly cut close to the hole of the tree or to main
branches, and be cuts more than 1-1/2 inches in diameter thus made shall be painted with an
approved tree wound paint.
GRUBBING:
Grubbing shall consis.t of the removal and disposal of all stumps, roots larger than 3 inches in
diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations
areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other
debris not suitable for foundation purposes, shall be excavated and removed to a depth not less
TS-l
,
than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish
grade in areas to be grassed. All depressions excavated below the original ground surface for or
by the removal of stumps and roots, shall be refilled with suitable material and compacted to make
the surface conform to the surrounding ground surface. Grubbing will not be required in areas
other than those occupied by construction and graded and grassed areas.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL.:.
Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the
construction sites, or from the rights-of-way, shall remain the property of the landowner. The ,
contractor shall trim andcut such timber and stack it neatly within the easement or right-of-way,.
as directed by the Engineer.
Burning or Removal From Site: _ All Timber, except such timber which the Engineer considers
merchantable, all logs;, stumps, roots, brush, rotten wood and other refuse from the clearing and
grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs
and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will
state the conditions covering the disposal of such logs and stumps without burning, including the
areas in which they may be placed. Timber and other refuse to be disposed of by burning shall be
burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as
damage to existing structures, construction in progress, trees and vegetation, The Contractor will
I '
be responsible for compliance with all Federal and State Laws and regulations relative to the
, building of fires. Disposal by burning shall be kept under constant attendance until the tires have
burned out or have be:en extinguished.
MATERIALS:
Borrow Material shall be selected to meet the requirements and conditions of the particular
installation for which it is to be used. The material shall consist of sand soils or sand-clay soils
capable of being readily shaped and compacted to be required densities and shall be free of roots,
trash arid any other deleterious material. ' The material shall be obtained from off-site borrow pits
approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be
opened, excavated, graded and maintained so that adequate and proper drainage and a neat
appearance shall exist at all times.
Topsoil shall consist of a natural material that occurs in surface deposits oflimited depth, and, in
general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with
s~d, Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger
than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter.
Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described,
shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or
paving, and if it cannot immediately be placed in its final location, it shall be stored for later use.
Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed
when the soil is so wet that the tilth of the soil will be destroyed.
Embankment: This item consists of placing in fills and embankments for roadways, and other site
TS-2
grading work, the materials removed from the various excavations and borrow pits, all as
specified therein and in accordance with the appropriate lines, grades, sections, contours and
dimensions.
Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a
2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed
stone with 65 percent passing a NO.4 U. S. Standard Sieve.
CONSTRUCTION METHODS:
General: During construction, embankments, fills and excavations shall be kept shaped and
drained. Ditches and drains along the sub grade shall be maintained in such manner as to drain
effe9t~vely at all times. Grading shall be done so that the surface of the ground will be properly
sloped to prevent water from running into the excavations for structures or pipe lines~ any water
which accumulates in excavations shall be removed promptly. Excavated materials shall not be
stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the
excavation. Suitable material removed from excavation shall be used, where feasible, in the ,
formation of embankments, fills, subgrades, shoulders, backfills, and'site grading~ excess material
from excavation, not required for such uses or materials not suitable for such uses, shall be wasted
in locations directed by the Engineer. Any wetting, hauling, scarifying, miXing shaping, rolling,
tamping or other operation incidental to the following requirements, which, in the judgment of the
Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no
additional expense to the Owner.
Site Grading: Site grading shall consist of excavating and placing all necessary materials outside
the limits of the various structures. Site grading shall be completed when aU surfaces are aligned
with surrounding grades or are in conformity with the contours when shown, and are smooth,
firm, containing the specified materials. Site grading shall include all excavation, filling and
compacting required tor construction of all ditches, roads, and all other areas disturbed by
construction except as otherwise specified. Site grading also shall include excavation and backfill
-for walks and steps. Except as otherwise speci,fied herein, all disturbed areas on the site shall be
finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The
degree of smoothness shall be that ordinarily obtainable from power grader operations. The
finished surface shall not be more than 0.10 foot above or below the established grade. There
shall be no roots, wasted building materials, trash or other unsightly matter projecting through or
visible at the surface.
After all embankments and fills have been completed to grade, and after all structures and pipe
lines requiring the use of heavy equipment have been completed, excavation necessary for the
construction ofwal~;vays and steps may be performed. Excavation shall be accurately cut to line
and grade~ sufficient width for the accurate placement and adequate support of the forms shall be
allowed. After the forms are removed, the backfill shall be replaced and recompacted around
structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the
tampers.
Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted
TS-3
sub grade shall be scarified to a depth of 2 inches for the bonding oftopsoil with the subsoil.
Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker
weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches,
and the surface shall conform to the requirements of site grading, ditches, embankments, or other
features, as applicable,
\
Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation
shall be backfilled to grade with material approved by the Engineer, consisting of suitable
excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading"
above, shall apply tod/itches except as follows: The degree of smoothness shall be that usually
obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be
\ more than 0.10 foot above or below the appropriate elevations.
Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which
embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the
embankment material will bond with the existing surface. Approved material, consisting of earth,
sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing
muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in
horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread
uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor
ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers.
Final compaction may be by an approved power roller weighing not less than 10 tons, except
where insufficient cover may cause damage to pipe.
CRUSHED STONE SURFACING FOR UNPAVED DRIVEWAY REPLACEMENT:
The subgrade shall be: scarified 6" deep and then recompacted to 100% ASTM D698. Over the
compacted subgrade compact a 4" thick Class A sand clay base compacted to 100% of ASTM
D698 density. The 2" compacted crushed stone surface course shall be installed over the base.
INSPECTION AND! TESTS:
The Engineer, at his discretion, may order tests and inspections to the performed during the
progress of the work, or at the completion of any individual unit of the work~ or at the time of
final inspection of the: entire project. Random spot checks of elevation and slopes shall be
conducted by ordinary differential level and profile methods. Random spot checks of topsoil
thickness shall be conducted by cutting through the surface with a spade or mattock, and
measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or sub grade may
be measured according to the procedures of ASTM D698.
GRASSING:
Areas of road shoulders and other property disturbed by construction operations shall be grassed
in accordance with the GRASSING section of the specifications. Areas to be grassed shall be
planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch
sufficient to produce a cover suitable to eliminate significant erosion.
TS-4
MAINTENANCE:
Inspection of site work as it is completed, shall not constitute final acceptance of the item. The
Contractor shall maintain all items in such condition as to be ready for final inspection from the
time of completion until the final acceptance of the entire project.
PAYMENT:
Payment for clearing, grubbing, site grading, borrow material, sediment containment, crushed
stone driveways, and {lrosion control shall be included in the unit price for water lines, lump sum
price and other unit price or lump sum prices as appropriate.
No other separate payment will be made for the work covered by this section of the specifications
and all costs in connection therewith shall be included in the appropriate lump sum or unit price in
the Bid.
SECTION T -2 - EXCA VA TION. FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists offurnishing all plant, labor,
. equipment, appliances, materials, layout staking and grade staking and supervision, and in
performing all operations in connection with the excavation, filling and backfilling for structures
and piping in strict accordance with this ,section of the specifications, the applicable drawings and
terms and conditions of the Contract.
CLASSIFICA TION OF EXCA VA TION:
All excavation shall be unclassified.
EXCAVATION:
General: The excavation shall conform to dimensions and elevations appropriate for the pipe
line or structure. Excavation shall not be carried below the elevation necessary for construction.
Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and
removal of forms, installation of services and for inspection, except where the concrete wall or
footing may be authorized to be deposited directly against excavated surfaces.
Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe
having a nominal dianleter of 24 inches or less shall not be less than 12 inches wider nor more
than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space
of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe.
~
The maximum width specified applies to the width at or below the level of the top of the pipe.
TS-5
The width of the trench above the pipe may be as wide as necessary to provide room for proper
installation of the work. The contractor shall comply with the safety requirements of OSHA.
The bottoms oftrenchE:s for water lines shall be rounded so that the lower 90 degree quadrant of
the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable
compacted fill material, Bell holes and excavation for joints shall be dug by hand after the trench
bottom has been shaped. These holes shall be so spaced and sized as to pennit first class
workmanship on the joint and to insure that the maximum length of pipe possible will rest on the
prepared bottom of the: trench.
Where rock is encount,ered in the trench bottom, the excavation shall be carried below the bottom
of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is
greater. Where, in thE: opinion of the Engineer, ,the natural trench bottom is soil which is
incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth
required as determined at the site. The trench bottom shall then be refilled 'with selected refill
material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall the
thorougWy tamped. The refill shall be brought to the proper elevation for the pipe.
Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be
controlled to prevent surface water from running into excavated areas. Dewatering by pumping
or well pointing from excavated areas shall be performed by the contractor to provide a stable
excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner.
All dewatering methods shall be subject to the approval of the Engineer as to capacity and
(;lffectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to
a suitable point of disc;harge where it will neither cause injury to public health, public or private
property, the surface or use of streets by the public or work completed or in progress.
Protection Against Flotation: To guard against the danger of flotation of empty or partially empty
pipe due to a high water table, all dewatering operations shall be continued without interruption
until such time as sufficient backfill has been placed over the top of the pipe to overcome the
buoyancy effect of a completely empty pipe which is entirely submerged.
Shoring and Protection of Excavations: Shoring shall be provided by the contractor as
necessary to protect life or property. All ~xisting structures, streets, pipes, and foundations
which are not to be n:moved or relocated shall be adequately protected or replaced by the
Contractor without cost to the Owner. ' The Contractor shall adequately protect the work under
construction and the safety of his workman in excavations by the use of suitable sheeting, shoring
and bracing, or by sloping the banks in accordance with the angle of repose of the soil.
The contractor alone is responsible for any damage or injury resulting from his failure either to
provide adequate protection from the excavation or to comply with OSHA requirements,
Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the
Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation
walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or
TS-6
required for backfill or filling shall be wasted within the limits of the site as directed by the
Engineer.
Blasting: Where blasting is necessary, it shall be done in accordance with ordinances by skilled
operators end precautions shall be taken to avoid damage. Suitable mats shall be provided to
confine, within the limits of the excavations, all materials lifted by blasting.
FILL:
Earth fill shall be placed inlayers not to exceed 8 inches in thickness. Each layer shall be
compacted at optimum moisture content in a manner approved by the Engineer. After
compaction, the dry wl~ight per cubic foot for each layer shall be at least 95% ofthe maximum
Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698. .
BACKFILLING:
The Engineer shall be notified before backfilling in order that the work may be inspected before it
is covered. After completion of the foundation footings, walls, or pipe work, and prior to
backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris.
Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and
, shall have an optimum moisture content when compacted. After compaction, the dry weight per
cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic
foot, as determined by ASTM D 698.
FILL AND BACKFlLL MATERIAL:
Material for fill and backfilling shall consist of the excavated material, if suitable, or borrow
approved by the Engineer, and shallbe free of trash, lumber, or other debris, roots and other
organic, perishable or deleterious matter.
MATERIAL FOR TRENCH BAC~ILL:
Borrow material for trench backfill shall consist of sand soils or sand clay soils capable of being
readily shaped and compacted to the required densities and shall be free of roots, trash, arid any
other deleterious material.
SELECTED REFll.,L MATERIAL
When directed by the Engineer, selected refill material shall be used to refill the trench bottom
where unsuitable soil is encountered; or, where rock excavation is required in trenches for water
lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 6
inches. Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks,
roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior
approval from the Engineer of the material proposed for the above use.
TS-7
PAVEMENT REMOVAL AND REPLACEMENT:
The contractor shall replace or repair all pavement which has been removed or damaged in his
trenching operation with pavement of equal quality but not less than 8" of 4,000 p.s.i. concrete,
plus 2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at
least one foot outside of excavation limits or damaged portions. The existing pavement shall be
neatly cut vertically and on a uniform horizontal aligI}ment. The type of paving used in patching
shall be the same as the original pavement and shall be tied into 'the adjacent.pavement or slab as
, directed by the Engine:er. Pavement subgrade and pavement under the cognizance oflocal and
state highway departments shall be replaced in strict accordance with their standards or direction.
The Owner will provide permits for the opening of the pavement. The Contractor shall meet all
of the requirements of such permits for work which is done within the highway right-of-way.
EROSION AND SE][)lMENT CONTROL.;.
Temporary Silt Fencir~ shall be installed to limit the migration of silt from the construction area
to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed
against a stable, post supported wire backing to intercept all runoff from the construction site.
Filter Fabrics Materia1~ shall be strong rot-proof synthetic fibers formed into a fabric of either the
woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which
might significantly alter its physical properties after installation. The fabric shall contain
stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or heat. ' The fabric shall be a pervio)Js sheet of synthetic fibers oriented into
. a stable network so that the fibers retain their relative position with respect to each other under
normal handling, installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yam from pulling away from the fabric.
During all periods of shipment and storage, t~e fabric shall be wrapped in a heavy-duty protective
covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall
not be exposed to temperatures greater than 140 degrees F.
The fabric shall meet be following physical requirements: '
Tensile Strength (Lbs. Min.)
(ASTM D-4632)
Warp - 120
Fill - 100
Elongation (% Max.) 40
(ASTM D-4632)
AOS (Appan:nt Opening Size) (Max- #30
Sieve Size) (ASTM D-4751)
Flow Rate (Gal/Min/Sq.Ft.) 25
(GDT -87) .
TS-8,
Ultraviolet Stability (2) 80
(ASTM D-4632 after 300 hours
weathering in accordance with
ASTM D-4355)
Bursting Strength (pSI Kin.) 175
(ASTM D-3786 Diaphragm Bursting
Strength Tester)
Minimum Fabric Width (Inches) 24
Filter Fabric Backing shall be woven wire and 'attached to the posts by wire, cord, staples, nails,
or other acceptable m€:ans. The filter fabric shall be installed in such a manner that 6 to 8 inches
of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all
splice joints. After the fabric is installed in a 'trench, the trench is then to be backfilled and
compa,cted so that no :flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4X4
Wl..4 X Wl.4 or equal.
~ shall be a minimum of 4 feet long and, either wood or equivalent steel posts may be used.
Soft wood posts shall be at least 3 inches in diameter or nominal 2" X 4" and straight enough to
provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet.
Wire Staples/Fasteners. shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide
and legs at least 112 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with
3/4 inch button beads. Fasteners shall be evenly spaced with at least 4 per post.
Straw Bale Ditch Chern: To control erosion in waterways and to provide additional restriction
of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically
produced straw bales shall be anchored_ to 2x4x4'-O" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After pennanent erosion
control features of tht: work site are complete and ample grass is established, the temporary
fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when
1 appropriate, regraded, stabilized, and planted.
RESTORATION OJF PRIVATE PROPE~TY:
The contractor shall c:arefully restore all private property defaced by operations or acts of any of
his agents or employees. Such restoration shall include seeding, sodding, and transplanting of
lawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in
such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No
structures or trees shall be removed without the consent of the property owner, or until
condemnation proced.ure, if necessary, has been completed.
TS-9
PAYMENT:
Except as specifically stated in the items which follow, no separate payment shall be made for
common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of
utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion
control and sediment (:ontainment measures; and other work covered by this section of the
specifications. Such work shall be considered as a subsidiary' obligation of the Contractor in
completing the work and all costs in connection therewith shall be included in the applicable lump
sum or unit price items in the Bid.
Pavement replaced over trench excavations will be paid for on the basis of the applicable unit
price per linear foot as set forth in the Bid.
Resurfacing: For roadway sections which must be resurfaced, payment will be made per square
yard for the resurfacing applied over the pavement replacement over trench excavations as wall as
the adjoining area within the resurfacing limits.
SECTION T -3 - CONCRETE
SCOPE:
The work covered by this specification consists of furnishing all plant, labor, equipment,
appliances, and materials, and in performing all operations in connection with the installation of
concrete work, complete, in strict accordance with this specification and the applicable drawings,
and subject to, the terms end conditions ofthe Contract.
APPLICABLE SPE(CIFICA TIONS:
The current edition of the following specifications form a part of this specification:
American Society for Testing Materials Designation'
C33
C 150
A615
C 94
C 31
Concrete Aggregates
Portland Cement
Reinforcing Steel
Ready-Mix Concrete _
Method of Making and Curing Concrete Compression and Flexure
Test Specimens in the Field
American Concrete Institute Publications:
, ,
ACI 3 18
ACI 315
Building Code Requirement for Reinforced Concrete
Manual of Standard Practice for Detailing Reinforced ,Concrete
Structures
TS-IO
\,
CONCRETE:
-, Materials:
Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one
brand of cement shall be used for exposed concrete in any individual structure.
Fine Aggregate shall consist of natural sand, manufactured sand or a combination thereof,
conforming to the requirement of ASTM C 33, Concrete Aggregate.
Coarse Aggregate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a
combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates.
~ shall be clean and free from oils, acids, salts, or other injurious substances.
Admixtures shall be used to provide entrained air. Other admixtures shall be used only with
written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260.,
Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted.
Curing Materials shall be approved by the Engineer before use.
Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as
, otherwise noted on thf~ drawings. Shop drawings are required.
Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent
deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as
to the protected from rusting, oil, grease, ~nd distortion.
Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per
square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a
power operated batch mixer. The contents of the mixer shall be completely discharged before
each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of
retempered concrete will not be permitted. '
Concrete for pipe encasement, blocking, and collars shall have a minimum strength of3,000 psi,
Forms: Walls, beams, elevated slabs; footings, piers, cradles, collars, encasement, blocking,
floors and other members shall be fo~ed, where necessary, to accurately conform to the
appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No.2
Common Grade or better. They shall be properly braced and tied so as to maintain their position
and shape, and shall be sufficiently tight to prevent leakage of grout.
Finish: Floor shall be wood float fiqished except those normally exposed to view shall be
troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off;
depressiops, holes, and rough spots shall be carefully pointed. Wall surfaces normally exposed to
view shall be rubbed.
TS-I]
Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall
be tested for 28-day strength.
PAYMENT:
Except as specifically stated in the following items, no separate payment will be made for work
covered by this section of the specifications and all costs in connection therewith shall be included
in the applicable lump sum or unit price items in the Bid.
SECTION T-4 - WATERLINES
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment and materials, and performing all operations in connection with the
installation and testing of the water line and appurtenances, complete, in strict accordance with
this section of the speeifications and the applicable plans, and subject to the terms and conditions
of the contract.
GENERAL:
All piping and accessories furnished by the contractor for incorporation in the work shall be new,
unused, and of the type specified herein, and listed in the Bid. All material and construction must
be in accordance with the A WW A standards and any PVC material or plastic service line used
must bear the National Sanitation Foundation (NSF) seal of approval for potable water use. All
pipe, solder and flux u.sed during installation of the water lines must be "iead-free" with not more
than 8% lead in pipes and fittings, and not more than 0.2% lead in solder and flux.
In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe
which has its alignment, grade, or joints disturbed after laying shall be taken up and relaid. The
interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and
shall be kept clean dUling laying operations by means of plugs or other approved methods. The
pipe shall not be laid in water or when trench orweather conditions are unsuitable for work, and
water shall be kept outoftrenches until the pipe joints have been completed. When work is not in
progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or
other foreign substan<:e cannot enter the line.
EXCA V ATION, TRENCHING ANI) BACKFILLING:
Excavation, trenching and backfilling shall be in accordance with the requirements of Section T -2.
Excavation required for construction of the water lines shall be either common excavation or rock
excavation.
TS-12
SERVICE PIPING SCHEDULE:
Unless otherwise indicated, pipe and fittings shall be constructed ofthe materials shown in the
following schedule for the service indicated. ICast iron pipe or ductile iron pipe and fittings shall
be used for all piping except as may be otherwise indicated in the following schedule:
Service
Water Line Piping
Pipe Material
D.I.P. (Thickness Class 53)
Underground (Pressure Class 350)
Fitting Material
FIg. above ground;
push-on, or MJ.
below ground.
DUCTILE IRON PIllE:
General: Before work is begun the Contractor will furnish to the Engineer layout drawings
showing all details for all horizontal and vertical curves, restrained joints, and all other specials
and special joints.
All pipe and fittings may be inspected at the place of manufacture representatives of the Owner
and/or by a testing laboratory of the Owner a selection. Such inspection shall not in any way
relieve th,e Contractor from the responsibility for the compliance of all materials installed as
specified nor shall such inspection in any way, relieve the manufacturer from his responsibility for
materials he furnished to be as specified.
Underground:
Underground pipe shall be ductile iron, Pressure Class 350, in accordance with ANSI
Specification A21.50 lmd A21.51, using 60/42/10 grade of iron. Fittings shall be ductile iron,
mechanical joint, 250 P.5.I. rating, in accordance with ANSI A21.l0. Pipe and fittings shall be
coated on the outside with a bituminous coating, and lined with cement lining in accordance with
ANSI A21.4. '
Joints and Jointing Materials:
Joints in undergrolmd ductile iron pipe shall be mechanical joint or push-on joint, with
restrained mechanical joints where indicated. All joints and jointing materials shall conform to
the requirements of ANSI A21.l1.
Mechanical Joints shall conform to ANSI A21.10 and A21.11, and shall have gaskets smooth and
free from any porosity or imperfections; gaskets shall be made of vulcanized natural or vulcanized
synthetic rubber. Bolts for mechanical joints shall be standard, high-strength, heat-treated cast
iron tee-head 'bolts wi.th hexagon nuts meetIng the requirements of ANSI -A2I.11.
Push-on Joints shall have gaskets made of vulcanized natural or compound conforming to
ANSIA21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on
joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating
effect on the gasket material.
TS-13
Restrained Joints: Concrete blocking for restraint may be used where it clearly will not
interfere with other piping or structures and where firm support is available by concrete bearing
against the trench wall; otherwise, piping shall utilize restrained joints. Restrained Joints shall be
American CIP "Fast Grip", U.S. Pipe "Field Lok" or comparable product which utilizes a positive
restraining gasket. Installation techniques shall comply with the joint manufacturer's
recommendations. , See also "Assembly Instructions" on page T4-3 and "Reaction Support" on
page T 4-4.
Installation:
Handling: Pipe and accessories shall be handled in such a manner as to insure delivery on the
site and installation in the trench in a sound, undamaged condition. Particular care should be
taken not to injure the: coating.
Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe or
its coating. Cutting shall be done by means of an approved type of mechanical cutter. After
cutting, all burrs and other roughness shall be removed and the exterior of the spigot end suitably
beveled to facilitate assembly. If cutting is not possible, short lengths of pipe shall be furnished as
necessary.
Placing and Laying: Pipe and accessories shall be examined for defects and tapped with a
light hammer to detect cracks while suspended in the sling before installing. All damaged,
defective or unsound items will be rejected and removed immediately from the site of the work.
Deflection from a straight line and grade as required by vertical or horizontal curves or offsets
shall not exceed the values presented in the following schedule.
Schedule for Maximum Deflection: '
Pipe Size
(Inches)
6
8
10
12
16
18
20
Max. Deflection (Inches per 18 ft. length)
Push-on Joint,
21
21
21
21
21
21
21
Mechanical Joint
30
22
22
22
15
12
12
If alignment requires deflections in excess of the above limitations, the Contractor shall provide
special bends or a sufficient number of shorter lengths of pipe to provide angular deflections
within the limits set ~::>rth. Pipe shall be placed in the trench and bedded as required in Section T-
2. Except where necessary in making connections with other lines, or as authorized, pipe shall be
laid with the bells facing in the direction of laying.
TS-14
Jointing:
Push-on Joints shall be assembled by pre-positioning a continuous, molded rubber ring gasket
in an annular recess, in the pipe socket and forcing the spigot end of the entering pipe into the
socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design
and shape of the gask'et and the annular recess shall be such that the gasket is locked in place
against displacement as the joint is assembled. Details of the joint design shall be in accordance
with the manufacturer's standard practice. The_size and shape of the gasket shall be such as to
provide adequate compressive force between the spigot and the socket after assembly to effect a
positive seal under all combinations of the joints and gasket tolerances. Contractor shall furnish
both the Owner and the Engineer with one copy of the pipe manufacturer's joint assembly
instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly
instructions.
Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint
pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-
half cup of granulated soap i_n one gallon of water. The cast iron gland shall then be slipped on
the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed
on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be
pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place
within the bell, being careful to have the gasket evenly positioned around the entire joint. The
cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up
tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened alternately to produce
an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with
maximum torque as necommended by the manufacturer.
Restraining Gasket Assembly Instructions:
For cold weather ass{:mblies, keep the temperature of the Gaskets above 400 F.
For cut pipe, select pipe with diameters or circumferences at the cut location which conform to
the table given below.
For cut pipe, assure that a tapered bevel similar to the one furnished with the pipe is ground onto
the end of the pipe.
Measure the socket depth and make a mark on the pipe spigot that distance from the end of the
pipe.
Keep the joint in straight alignment during assembly, , especially when handling fittings. Do not
fully "home" the joint: if joint deflection.is required. Set the joint deflection after the assembly is
made,
Approximately twice as much assembly force may be required to assemble a Restraining Gasket
into a joint than is required for a conventional push-on joint Gasket.
TS-15
Check for correct positioning of the restraining gasket by inserting a feeler gauge in the space
between the bell and the pipe OD in several locations around the socket to assure that the gasket
is in proper position in the socket in accordance with the manufacturer's instructions.
Cleaning: A pipe swab shall be kept in the pipe at all tines to prevent debris from entering the
newly laid pipe. Whenever pipe laying op~rations are ceased, a watertight, inflatable plug shall be
installed in the open end of the pipe to prevent ground water from entering the newly laid pipe.
Incidental Items:
Reaction Support: All plugs, caps, tees, wyes, and at bends deflecting 111,/4 0 or more on
pipe lines 6 inches in diameter, or larger, shall be given reaction support as hereinafter specified.
Reaction support shall be of3,000 lb. concrete bearing directly against undisturbed earth of the
trench wall. Sufficient thrust block bearing area shall be installed to distribute the thrust into
undisturbed earth at a rate not exceeding the allowable soil bearing value. Where conditions are
such that the bearing value of the trench wall will not provide satisfactory support or where the
angles or direction of pipe line deflections wiU not permit adequate thrust block restraint, the
Contractor will be required to furnjsh and install restrained joints, American eIP "Fast Grip", U.
S. Pipe "Field Lok", or equal, on each restrained mechanical joint of ductile iron pipe. Joint
restraint gaskets may be used for restraint of underground push-on joints. Where restrained
joints are, used in li(~u of thrust block restraint, at least three lengths of pipe in each direction
from the turn shall be fitted with restrained joints also. After installation, any tie rod assemblies
shall be fully field coated with coal tar bitumastic to prevent corrosion.
Above ground pipl~ shall be ductile iron, thickness Class 53 for Flanged Pipe in accordance
with ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron. Flanged pipe shall
have threaded on ductile iron flanges. Pipe shall be manufactured in accordanc~ with A WW A
Specification CI15/21i.1.5. Pipe shall be coated on the outside with a bituminous coating, and
lined with cement lining in accordance with ANSI A21.4.
Flanged Fittings shall be ductile iron in accordance with the requirements A WW A
specification ClIO, coated and liried same as' pipe. Flanges shall be faced and drilled to match
A WW A 0 115 thread(~d-on flanges.
WALL SLEEVES AND WALL PIPES:
The penetration ofpilPes passing through concrete walls shall be made watertight. Pipes 6" and
larger shall have cast iron or ductile iron wall pipes or wall sleeves with mechanical seals. Wall
pipes shall have a dam inside the wall and shall have the proper joint to connect with the pipe on
each side of the walL Wall sleeves shall have a dam inside the wall and shall be sealed with a
Thunderline Link Seal or caulked between the pipe and sleeve with oakum and lead, unless
otherwise shown on the plans. When fully installed, the seals shall provide an absolutely
watertight closure between the wall sleeve and carrier pipe. Before casting concrete, wall pipes
and sleeves shall be accurately positioned and secured.
TS-] 6
Concrete: All concrete for encasement and reaction blocking shall have a minimum 28-day
compressive strength of3,000 psi.
CONCRETE COLLARS, CRADLES, SADDLES, AND ENCASEMENT:
Collars, cradles, saddles, or encasement shall be constructed of concrete with a minimum 28-day
strength of3,000 psi.
CONNECTIONS TO EXISTING MAINS:
The Contractor shall furnish and install all.fittings and appurtenances necessary to make
connections to the existing distribution system. The Contractor shall coordinate his activities
with the superintendent of the water system so that the work can be accomplished in a manner
and at such time that a minimum interruption of service will occur.
.The tapping sleeves and valves shall conform to the requirements of Section T -5. The Contractor
shall verifY the material and size ofthe pipe line to be tapped or connected to.
PROVISIONS FOR FUTURE CONNECTIONS:
Where a pipe end is .for a future connection, it shall consist of a valve, a blocking collar and a
..restrained joint extension and cap.
HOUSE SERVICES:
Service Saddles for ductile iron pipe shall be Mueller Single Strap Style HI0493, or equal for 12"
pipe, tapped 3/4 inch AWWA taper. '
Corporation Stops shall be bronze with 3/4 inch A WW A taper thread inlet and pack joint outlet
for 3/4 inch copper tube size, Ford Meter Box Co. Catalog No. 3/4" FIOOO, Mueller HI5000, or
equal.
Meter Box shall be cast iron shallow type stretch yoke meter box, %" X %" backflow preventer,
Ford Meter Box Co. Catalog No. LYLE 222-24I-G, lockless type, or comparable approved
product.
Service Line shall be 3/4 inch copper tube size Type K (0,875" OD).
SAMPLE TAPS:
Sample taps shall be provided at 3,000 foot intervals and atthe end of the line. Sample taps shall
consist of a corporation stop, a riser, and a hose bib 12 inches above grade. Hose bib shall be
capable of being sterilized by an open flame. Meter water samples have been tested and approved
the hose bib and riser shall be removed and the ,outlet of the corporation stop plugged.
TS-I7
TESTING:
General: After compl€:tion of the piping, it shall be tested for leaks in accordance with A WW A
. 600-82 and proved tight at 150 psig, the Contractor shall provide, at his expense, all labor,
supervision, pumps, measuring devices, power, miscellaneous equipment and water necessary for
performance of all testing on all piping in accordance with the requirements of these
specifications. '
HydrostaticTests:
Pressure Test: After pipe has been laid and partially backfilled, all newly laid pressure pipe or
any valved section thereof shall be subjected to the appropriate hydrostatic pressure based on the
elevation of the lowest point in the line or section under test and corrected to the elevation of the
test gage. The duration of each pressure test shall be at least one hour. Before applying the
specified test pressure, all air must be expelled from the line. The Contractor will make the
necessary taps and insert plugs after the test is completed. All exposed pipe, fittings, valves, and
joints shall be carefully examined before packfilling. All defective joints shall be repaired or
\
replaced to the satisfaction of the Engineer. Any cracked or defective pipe, joints, fittings,
valves or hydrants discovered in consequence of this pressure test shall be removed and replaced
with sound material and the test shall be repeated until satisfactory to the engineer.
Leakage Test: Th€: duration of the leakage test shall be two hours, and during test the main or
section of the main under test shall be subjected to the above noted pressure based on the lowest
point in the line or section under test and corrected to the elevation of the test gage. Leakage is
defined as the quantity of water to be supplied into the newly laid pipe, or any valved section
thereof, necessary to maintain the specified leakage test pressure after the air has been expelled
and the pipe has been filled with water at the test pressure. No pipe installation will be accepted
until leakage is less than the number of gallons per hour as determined by the formula.
L = Dip
133
L = Allowable leakage in gallons perhour/1 000 feet
D = The nominal diameter of the pipe in inches/lOOO feet
P = The average test pressure during the leakage test in pounds per square inch gage
STERILIZATION:
All piping complete with fittings and appurtenances shall be flushed until clean, and sterilized as
specified in A WW A Specification C 651-92, "Disinfecting Water Mains" Disposal of heavily
cWorinated water (following disinfection) must be accomplished in accordance with A WW A
Standard C651 (latest revision). The requirements of this paragraph apply equally to new pipe
and fittings, and to existing pipe lines into whith connections have been made, or which may have
been otherwise disturbed to the extent that contamination may have occurred.
TS-18
CLEAN-UP:
Upon completion of the installation of the water lines and appurtenances, all equipment and
debris remaining as a result of the Contractor's operations shall be removed from the site of the
work.
PAYMENT:
Payment for water lines and fittings will be made on the basis of the applicable unit prices as set
forth in the Bid. Measurement to determine the length of water line for payment shall be along
the centerline of the various sizes furnished and installed, from center to center of fittings, with no
deductions for the space occupied by valves or fittings.
The payment shall cover all costs of every kind required for clearing and grubbing, excavation,
pavement removal, maintenance of driving surfaces, backfill, protection of utilities, cleaning up,
restoration erosion control, sediment containment, furnishing tile, furnishing tile materials,
installation, disinfection, testing and completing the installation.
All costs associated with the sample taps shall be included as a subsidiary obligation of the unit
price per L.F. of the water line.
No other separate payment will be made for work included in this section of the specifications and
all costs associated therewith shall be included in the appropriate lump sum or unit ,price item in
the Bid.
SECTION T -5 - V AL,VES AND HYDRANTS
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment and materials, and performing all operations in connection with the
installation of the valves, valve markers, hydrants and appurtenances, complete, strict
accordance with this section of the specifications and the applicable plans, and subject to the
terms and conditions of the Contract.
GENERAL:
All valves, valve markers, hydrants and accessories furnished by the Contractor for incorporation
into the work shall be new, unused, and of the type specified berein. Valves for buried service
shall be furnished with mechanical joint connections. Hydrants and the associated valves shall
have restrained MJ connections. Each valve shall have the identifying mark of the manufacturer,
year of manufacture and pressure rating cast on the body. All valves shall be gate valves, shall be
opened by turning counterclockwise and shall have an arrow cast into the metal of the operating
nut or on the handle or wheel to indicate direction of opening. ALL valves shall be furnished by a
single manufacturer.
TS-19
GATE VALVES:
Gate valves shall be of the resilient seated type designed for a minimum working pressure of 200
psi. Underground valves shall have mechanical joint ends to match the piping in which they are
installed. Exposed valves shall be flanged. Gate valves shall have a clear waterway equal to the
full normal diameter of the pipe. Prior to shipment from the factory, each valve shall be tested by
hydraulic pressure equal to twice the specified working pressure. All valves shall use O~ring seals.
Gate valves 2' inches and larger shall be iron body, brass mounted and shall conform to the
specifications for Gate Valves for Ordinary Water Works Service, C500-80, by the A WW A.
Valves shall be installed in valve boxes and shall be non- rising stem type with 2-inch square
operating nut.
VALVE BOXES:
Underground valves shall be installed with cast iron valve boxes having a suitable base and shaft
extension sections to cover and protect the valve and permit easy access and operation. Box '
assemblies shall be Mueller No. H-I0357, or equal. The word WATER shall be cast on covers.
An I8-inch square by 6-inch thick concrete slab shall be cast around the top of the valve box with
the top of the box slab being flush with pavement in paved areas or 2 inches above finished grade
in unpaved areas.
VALVE MARKERS:
Valve markers shall be constructed of reinforced concrete with the letters 'Wiland "V" cast in
post.
CHECK VALVES:
Each check valve shaJJ be a hydraulic double cushioned type constructed with a cast iron body, a
non-corrosive interior, GA Industries Fig. 2730 D or equal. The cushioned check valve shall be
of the globe type with flanged ends faced and drilled conforming to ANSI standard.
TAPPING VALVES:
The Contractor shall furnish and install tapping sleeves with valves and all other fittings and
appurtenances necessary to make connections to the existing water distribution system. The
Contractor shall veri~y the material and size of the pipe line to be tapped, or connected into.
Tapping valves shall conform to the requirements of gate valves specified above and fitted with
mechanical joint ends. Valves shall be Mueller No. H667, Clow No. F-5093, or an approved
equal.
TS-20
FIRE HYDRANTS
The Contractor shall fhrnish and install fire hydrants in conformance with the following
requirements: '
Materials Fire hydrants shall be cast iron, fully bronze mounted designed for 150 psi working
pressure, and shall conform to the requirements of A WW A C502. Hydrants shall be suitable for
connection to pipe having 42 inch cover. Stem and barrel extensions shall be installed where
necessary to bring the hydrants to an approved mounting height. Hydrants shall have a minimum
valve opening of 5-1/4 inches, and shall be equipped with two 2-1/2 inch hose nozzles and one 4-
1/2 inch pumper nozzle, with National Standard Hose Thread, and shall be Mueller Improved
Type No. A-423 with oil reservoir, or approved equal. Each hydrant shall have the standard red
enamel paint finish.
Installation: Hydrants shall be set plumb and at such elevation that the connecting pipe shall have
at least 42 inch cover over the pipe. Earth fill suitable for backfill as previously defined, shall be
carefully placed in 6 inch layers and to 3 feet on all ~ides, or to the undisturbed face of the trench
if nearer, and carefully tamped. Not less than 7 cubic feet of crushed or broken stone shall be
placed around the base ofthe hydrant to insure drainage. The interior of the hydrant shall be
thoroughly cleaned of all foreign matter prior to installation, and after installation, each hydrant
shall be operated to assure proper operation. The 6 inch auxiliary valve shall be independently
secured to the hydrant and main line tee with fully restrained joints or tie rod harness. Tie rod
harness shall consist of Star Fig.7 tie bolts with threaded rods and nuts. Entire assembly shall be
coated with coal tar bltumastic after installation. Concrete blocking will not be permitted.
CORPORA TION STOPS:
Corporation Stops shall be solid brass. Sample taps shall have %" Mueller No. H-I0045
Corporation Stops; house service connections shall have %" H15000 Corporation Stops and
Mueller No. J 115209 Service Line Valves (Curb Stops) or angle type iflocated at the meter box.
After removal of the sample tap riser, the stop shall be tightly sealed with a brass plug.
PAINTING AND PROOF REQUIREMENTS:
Painting and Testing: AIl iron surfaces of the valves shall be painted; surfaces shall be clean, dry,
and free from grease before painting. The valve surfaces, except for seating, shall be evenly
coated with a suitable: primer to inhibit rust or black asphalt varnish in accordance with Federal
Specification TT - V-51 C or 512. Hydrostatic and leakage tests shall be conducted in strict
accordance with AWVvA C500.
Affidavit of Compliance: The Vendor of the valves shall, upon completion of manufacture,
provide to the Owner an "Affidavit of Compliance in accordance with AWWA C500.
Proof-of-Design Test: Vendor shall include with his submittal certified copies of Proof-of-
Design Tests in accordance with AWWA C500.
TS-21
INST ALLA TION OF VALVES AND VALVE BOXES:
Valves and valve boxes. shall be installed where indicated or as directed by the Engineer. Valves
and valve boxes shall be plumb and valve boxes shall be centered directly over the valves. Earth
fill shall be carefully tamped around valve boxes to 3 feet on all sides or to the undistUl.-bed face of
the trench if less than that distance. Valves shall have the interiors cleaned of all foreign matter
before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both
opened and closed positions to see that all parts are in working condition. All piping and valves
shall be properly and adequately supported to prevent movement or undue strain on the piping
and equipment, and shall have cast concrete, collars at grade.
INSTALLATION OJ;' VALVE MARKERS:
A Valve Marker shall be installed as described at each new line valve (except where valve is
adjacent to a fire hydra.nt) just inside R!W edge.
TESTING, CLEAN-UP, AND STERILIZATION:
Testing and clean-up shall be performed in accordance with the provisions of Section T -4 of these
specifications. All valves shall be in place when lines are tested. Any cracked or defective valves
discovered in consequence of the testing shall be removed and replaced with sou~d material and
the test shall be repeated until a satisfactory test is achieved.
PAYMENT:
Payment for gate valves shall cover all costs of the installed valve, valve marker, valve ox,
extension and concrete slab, complete and in place.
Payment for fire hydrants shall be for the complete installation and shall include vertical
extensions, the auxilia:ry valve and valve box, the 6 inch pipe, joint connections and restraint,
crushed stone drain, and other appurtenant. items, complete and in place.
No other separate payment will be made for the work covered under this .section of the
specifications. All costs in connection therewith shall be included in the lump sum or unit price
items in the Bid.
SECTION T -6 - UNUERGROUND CROSSINGS OF HIGHWAYS
SCOPE:
, '
The work covered by this section of the specifications consists offumishing all plant, labor,
supervision, equipment and materials and in performing all operations in connection with the
installation of dry bon~d and jacked underground crossings of highways for water lines, complete,
in strict accordance with the specifications and the applicable plans, and subject to the terms and
conditions of the contract.
TS-22
GENERAL:
Work on highway right-of-way sh~ll be under the supervision of the Chief Engineer of the agency,
or his authorized representative who shall be notified at least 15 days before actual work on the
installation is started.
UNDERGROUND ClROSSINGS:
Water Lines: Underground crossings for water lines shall consist of a carrier pipe installed in a
casing pipe. The casing pipe shall be installed under the roadway by dry boring and jacking. The
carrier pipe shall be pushed through the casing pipe on skids or blocks fastened to the carrier pipe.
CASING:
Casing pipe shall be smooth steel pipe with a minimum yield strength of35,000 psi. The joints
shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the
tabulated pipe data in lieu of any coating and wrapping requirement.
CARRIER PIPE:
Water Line: The carrier pipe for water lines shall be push-on joint ductile iron pipe confonmng to
the requirements ofth(~ 'WATER LINES section of the Specifications. Gaskets shall the
restrained joint type.
Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on
skids, blocks, or'spiders securely fastened to be carrier pipe. The jacking operation shall utilize
\ '
soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to be
forces from the jacking device. Any damaged pipe shall be cut off and removed from the site.
After the carrier pipe has been checked and tested, the casing pipe shall be filled with sand and the
ends sealed with brick and mortar.
ABORTED BORES:
Unsuccessful bore and! jack installations which must be abandoned because of failure to meet
alignment and/or grade requirements, bore and jack attempts fiustrated by obstructions, , or
otherwise unusable bore and jack installations shall be completely filled with concrete. The steel
casing may be left in place or withdrawn simultaneously with the filling of the hole with concrete.
Relocation for additional bore and jack attempts shall be made after consultation with the
Engineer.
SKIDS AND BLOCKING:
Skids and blocking shall be approved spiders or shall be treated NO.2 southern Yellow Pine;
pressure treatment shall be appropriate for foundation use. Straps, nuts, and bolts for attaching
skids and blocking shall be heavily coated 'Yith Bituminous paint.
TS-23
PAYMENT:
Payment for water limos. under highways within the payment limits shall be made on the basis of
the applicable lump sum prices for the crossings listed in the Bid, complete, including carrier pipe,
concrete collars, casing pipe, and all other incidental items of work involved.
Payment for Aborted I~ shall be made on the basis of the unit price in the Bid for the
measured length of the aborted bore filled with concrete, complete in place. To qualify for
payment, the aborted bore shall have resulted from obstructions encountered through no fault of
the Contractor.
SECTION T-7 - SANITARY SEWERS AND APPURTENANCES
SCOPE:
The work covered by tlus section of the specifications includes furnishing all pllmt, labor, supervision,
equipment and materials, and in perfonning all operations in connection with the installation of all
piping, fittings, and appurtenances as required for the proper connection and operation of the sanitary
sewer collection system in the strict compliance with this section of the specifications and the
applicable plans and subject to the terms and conditions of the Contract.
SANITARY SEWER PIPE:
Pipe for sewers shall be furnished in accordance with the following requirements:
A. Ouality and Inspection:, Latitudes in workmanship and finish allowed by ASTM not
withstanding, aU pipe shall have smooth exterior and interior surfaces; be first quality, be free
from cracks, blisters, and other imperfections, and be true to theoretical shapes and forms
throughout each length. Pipe shall be' subject to inspection by the Engineer at the pipe plant,
trench, and other points of delivery for the purpose of culling and rejecting pipe, independent
oflaboratory t1ests, which does not conform to the requirement of this Section. Pipe which
does not conform will be so marked -by the Engineer, and shall not be used in the work. On-
the-job repairing of rejected pipe will not be permitted.
B. Experience of Manufacturer' The pipe manufacturer shall submit evidence, if required by the
Engineer, of having consistently produced pipe and joints of the quality specified herein, and
which have exhibited satisfactory performance results in service over a period of not fewer
than two years. The pipe manufacturer and the pipe manufacturing process shall be subject
to approval by the Engineer.
C. Polyvinyl CWoride (PYC) Sewer Pipe and Fittings: Polyvinyl Chloride (PVC) Sewer Pipe
shall be bell and spigot pipe in"lengths not exceeding 20 feet laying lengths and shall have
minimum all thickness confinning to ASTM D 3034 under the classification for SDR 35 pipe,
as amended to date.
TS-24
Polyvinyl Chlori,de (pVC) sewer pipe fittings shall be bell and spigot or bell and Plain end and
, shall conform to ASTM D 3034, as amended to date.
1. Marking~ PVC pipe shall be marked at intervals of 5 feet or less with the following
information: Manufacturer's Name or Trade Mark, Plant code, Date of manufacture,
Nominal Pipe Size, PVC Cell classification, the legend "Type PSM DR 35 PVC
Sewer Pipe", andASTM designation D 3034.
Fittings shall be marked with the following information, Manufacturer's Name or
I
Trade Mark, Nominal Size, Designation PVC and PSM and ASTM designation D
3034.
All markings shall remain legible during normal handling, storage and installation.
2. Certifieation: The Contractor shall furnish the Engineer with a written statement
from the manufacturer that all pipe and fittings furnished have been sampled, tested
and inspected in accordance with ASTM D 3034, as amended to date. ,Each
certification so furnished shall be signed by an authorized agent of the manufacturer.
3. Joints: All pipe'shall have elastromeric joints with an integral belled gasket coupler.
Rubber gaskets shall comply with the physical requirements specified in the latest
revision of ASTM F 477, as amended to date. Joints shall meet the requirements
specifi<;:d in ASTM D 3212, as amended to date.
mpN PIPE AND FITTINGS:
The Contractor shall furnish Iron Pipe and fittings as follows:
A. Ductile Iron Pi~ ~ipe shall be centrifugally cast and shall conform to ANSI Specifications
A21.10, A21.50 and A21.51, as amended to date, with mechanical or push-on joins and laying
lengths of at least 18 feet with Class 51 wall thickness for size 3-inch and 4-inch pipe and
Class 50 wall thickness for pipe 6-inch in size and above unless indicated otherwise herein
and/or on the drawings.
B. Fittings: Fittings shall be cast from gray or ductile iron and shall conform to ANSI
Specification A 21.10 (A WW A C 110), as amended to date. All fittings shall have standard
mechanical joints. Fittings for size 3-inch thru 12-inch shall be Class 250 for Gray Iron and
Class 350 for Ductile Iron. Fittings for size 14-inch thru 48-inch shall be Class 250 for
Ductile Iron. ,
C. Lining and Coating: Pipe and Fittings shall be cement-lined (standard thickness) inside and
, bituminous coated outside, in accordance with the applicable provisions of ANSI
Specification A. 21.4 (AWWA C 104) and, ANSI A 21.51 (AWWA C 151), as amended to
date. The inside cement lining shall be treated with a bituminous seal coat.
TS-25
D. Weights and Marking: Weights of pipe and fittings shall conform strictly to the requirements
of ANSI Specifications. The class designations for the various classes of pipe and fittings
shall be cast onto fittings in raised numerals; and cast or stamped on the outside of each joint
of pipe. Weights shall be plainly and conspicuously painted in white on the outside of each
joint of pipe and each fitting after the exterior coating has hardened.
E. Certification: The manufacturer of iron pipe and fittings shall furnish both the Engineer and
the Owner with certified reports stating that inspection and specified tests have been made
and that the results thereof comply with the applicable ANSI Specifications for each.
PRECAST CONCRETE MANHOLES
The Contractor shall furnish precast concrete manholes as follows:
A. Precast Concrete Manholes: Precast concrete manholes shall consist of precast reinforced
concrete riser sections, concentric top section and a base section conforming to Typical
Details shown on Detail Drawings. Precast manhole sections shall be manufactured in
accordance with ASTM C 478, as amended to date, and these specifications. Concrete shall
have a minimum compressive strength of 4,000 psi when tested in accordance with ASTM
C 39, as amended to date. Steel reinforcement shall be as specified in ASTM C 478, as
amended to date. Wall and bottom section shall have a minimum thickness of five inches (5").
1. Base Section: Base sections for precast concrete manholes shall have bottom poured
monolithically with the walls. Base sections shall be furnished with inside diameters
of 4; 5, and 6 feet as required. Base sections shall be furpished with a minimum
height of24 inches for pipes having a diameter of8, 10, or 12 inches and a minimum
height of36 inches for pipes having a diameter of 15 or 18 inches. 'Minimum height,
for 5 or 6 foot diameter base sections shall be 48 inches regardless of pipe size. Base
sections with 5 or 6 foot inside diameters shall be reduced to 4 foot inside diameter
by me,ans of an adapter ring or transition top.
The openings in the base section for the accommodation of the pipe shall be cast to
cIosel~{ conform to job conditions and shall provide a minimum clearance of three
inches (3 ") between the inside bottom the base and outside bottom of the pipe barrel.
2. ~Secti6n: The riser sections shall be furnished in a minimum of six inch (6")
increments and shall be fourfeet (4') in diameter with, (a) tongue and groove joint to
be sealed with approved butyl rubber or bitumastic material, similar to "Ram Nek" as
manuf.'lctured by K.T. Snyder Co., Inc. Or (b) O-Ring gasket type joiht conforming
to ASTM C 443, as amend~d to date. The gasket joint shall be thoroughly cleaned
of all loose materials and brushed with an approved Epoxy to give a smooth surface
\
free of any honeycomb.
3. Alteration of Manholes: In the event' that the manhole has to be altered after delivery
to job sit the Contractor may, with permission of the Engineer, connect the pipe to the
manhole with a collar of mortar and brick. The opening between the pipe and
TS-26
manhole shall have a minimum clearance of one inch (1") and shall be filled from the
inside of the manhole with a non-shrink grout.
4. Repaired and Patched Sections: Repaired and Patch~d sections will not be acceptable
unless ea.chindividual section so repaired and patched shall have first been inspected
and approved by the Engineer, for repair and patching at the manhole plant. Repairs
to and patching of O-Ring grooves and shoulders will not be permitted.
5. Absorption: Absorption shall not exceed 9 percent when determined in accordance
with ASTM C 497, as amended to date.
MANHOLE BRICK~
Brick for grade adjustment shall be whole hard burned common brick conforming to ASTM C 32
Grade MS, as amended to date. A maximum of 3 courses shall be used.
CONCRETE WORK:
Concrete of the respective classes for manhole bottoms, bedding, blocking, head walls, piers and
other miscellaneous structures shall be as called for in the work to which they pertain. All conc'rete
work will comply with the Georgia D.O.T. Standard Specifications, 1993.
REINFORCING STEEL AND MISCELLANEOUS METAL:
Reinforcing steel, structural steel, miscellaneous iron, and steel and iron castings shall conform to
these specifications and shall be as called for in the work to which they pertain. They shall comply
with Georgia D.O.T. Standard Specifications, 1993.
UNLOADING, HAULING, DISTRIBUTING, AND STORING PIPE AND RELATED
MATERIALS:
The Contractor shall unload, haul, distribute and store pipe and related materials as follows:
A Unloading: Equipment and facilities for unloading, hauling, and distributing and storing
materials shall be furnished by the Contractor.
B. Handling: Pipe, fittings and other materials shall be carefully handled so as to prevent
breaking and/or damage.
C. Distributing: Materials shall be distributed and placed so as to least interfere with traffic. No
street or roadway may be closed without first obtaining permission of the proper authorities.
The Contractor 8hall furnish and maintain proper warning signs and obstruction lights for the
protection of traffic along highways, streets and roadways upon which material is distributed.
No distributed materials shall be placed in drainage ditches.
-,
TS-27
D. Storage: All pipe, fittings ~d other materials which cannot be distributed along the route of
the work shall be stored for subsequent use when needed. The Contractor shall make his own
arrangements for the use of storage areas.
1. Ductile Iron Pipe: Ductile iron pipe must be stockpiled on level. ground. Timbers
must be placed under the pipe for a base and to prevent dirt and debris from washing
into thE: pipe.
2. PVC Pipe: PVC pipe must be stockpiled on level ground. If pipe is unloaded
individually by hand, timbers must be used under the pipe for a base, spaced the same
as factory load, with stop blocks nailed at either end.
Ifpipe is unloaded in units, the units must be placed on level ground and sqall not be
stacked more than two (2) units high.
LOCATION AND GRADE:
The line and grade of the sewer, and the position of manholes and other structures shall be as shown
on the plans or as directed in writing by the Engineer. The price for trenching shall include the trench
for the depth below the grade line necessary to lay the sewer to this grade, but measurements for
payment will be made only to the grade line.
All lines and grades shall be laid out by the Contractor from the controlling lines and bench marks
established by the Engineer, or from measurements shown. All lines and grades shall be subject to
checking by the Engineer but that checking shall in no way relieve the Contractor from responsibility
for their correctness. The Contractor shall provide such stakes, materials, labor and assistance as the
Engineer may require in laying-out work, establishing bench marks and checking and measuring the
work.
ORDER OF WORK~
The Owner reserves the right to accept and use portions of the work when it is cOI}sidered to be in
the public's interest to do so. The Owner shall have the authority to establish the order in which the
lines shall be worked. '
INSPECTION:
All work done and materials furnished shall be subject to inspection by the Engineer or his authorized
representative. Improper work shall be reconstructed and materials which do not confonn to the
requirements of this Section shall be removed from the work upon notice being received from the
Engineer of the rejection of those materials. The Engineer shall have the right to mark rejected
materials and/or the Contractor shall segregate said materials to distinguish them as such.
TS-28
ORGANIZATION OF WORK:
The Contractor shall so organize his work that backfilling and cleanup shall closely follow pipe laying
operations and manhole construction.
For work outside the streets and roadways, work shall be performed in such manner that not more
t~an five hundred (500') feet of trench shall remain open at anyone time.
Failure on the part of the Contractor to comply with the above provisions in a reasonable manner, in
the opinion of the Engineer, shall be sufficient cause for the Engineer to order a temporary shut-down
of further trenching and pipe laying operations until the provisions have been met.
REMOVING AND RESETTING FENCES:
At all locations where existing fences must be removed to permit construction of the sewer, the
Contractor shall remove the fences and, as the sewer construction progresses, reset the fences in their
original location and to their original condition. During construction, the Contractor shall provide
temporary fencing, or {:mploy other safeguards, which will prevent livestock from wandering to other
property.
PROTECTION OF OTHER UTILITIES AND STRUCTURES:
Damage to existing utility lines, services, poles, and structures shall be repaired or replaced by the
Contractor at his own expense. The approximate positions of certain known underground lines may
be shown for information. A minimum clearance often feet (10') horizontal and eighteen inches (18")
vertical must be maintained between new sewer lines and existing water mains. Existing small lines
are not shown. The Contractor shall locate existing small lines and other possible existing unknown
utility lines; with an electronic pipe finder and shall excavate and expose all existing underground lines
in advance of trenching operations. Removing and relaying of those lines and appurtenances which
constitute an obstruction to the completed line and grade of the new work, in the opinion of the
Engineer, will be made at the expense of the Owner, unless otherwise shown on the Drawings to be
altered by the ,Contra<:tor.
PROTECTING TRl~ES, SHRUBBERY, AND LAWNS:
Trees and shrubbery along trench lines crossing developed private property shall not be disturbed
unless absolutely necessary, subject to approval by the Engineer. Trees and shrubbery to be removed
shall be properly heeled -in and replanted, Heeling-in and replanting shall be done under the
direction of an experil~nce nurseryman.
Where sewer trenches cross private property through established lawns, sod shall be cut, removed,
stacked and maintained in suitable condition until replacement is approved by the Engineer. Topsoil
underlying lawn areas :;halllikewise be removed and kept separate from general excavated materials
and will be replaced at the surface ofthe trench in back filling. In lieu of removing and replacing sod,
the Contractor may, if approved by the Engineer, regrass lawns by seeding or sprigging with grass
of the same type as the established lawn.
TS-29
\
BEDDING OF PVCAND DUCTILE IRON PIPE:
All pipe shall be laid on foundations prepared in accordance with the following specifications.
A. PVC Pipe: I'VC pipe shall be laid as specified using the following classes of bedding
required for the various type soils and conditions encountered. Bedding for PYC pipe shall
be in accordance with ASTM D 2321, as amended to date, the manufacturers
recommendations and these specifications.
1. .Bedding Material: Class I Materials shall be used for bedding and haunching in all
conditions. Class II, Class III, Class IV, and Class V materials will not be permitted
for bedding and haunching under any condition.
2. Depth of Bedding: Trench shall be undercut to allow for a minimum of six inches (6")
ofbedd:mg material. Bell holes shall be excavated in the bedding material to ,allow for
unobstructed assembly of the joint but care shall be taken to assure that bell hole is
no larger than necessary to accomplish proper joint assembly. After joint assembly,
, materia.l shall be placed under and around the entire length of pipe and compacted,
Compaetion up to one-half the outside diameter of the pipe and the full width of the
ditch shall be of the same material used in the bedding. Backfilling shall then be
carried to a point six inches (6") above the top of pipe, using hand tools for tamping.
If the remaining backfill material contains large particles which could damage the pipe
from impact during placement the initial backfill shall be increased to twelve inches
(12") above the top of the pipe.' Puddling will not be allowed as a method of
compaction. The remaining backfill shall be as specified in "Selected Backfill" and
"General Backfill" paragraphs of these specifications. Pipe shall have at least thirty
six. inches (36") of cover before wheel loading and at least forty eight inches (48") of
cover before using heavy duty tamping equipment such as a hydro hammer.
,3. Definition of Bedding Material: Class I, II, ill, IV, and V materials are defined as
follows:
Class I - Angular 1/4 to 3/4 inches graded stone. Latest revision of ASTM C 33 -
Gradation #67 (ASTM #67) ,or #57 (ASTM #57) are acceptable.
Class n - Course sands and gravels with maximum particle size of 3/4 inches including
variously graded sands and gravels containing small percentages of fines, generally
granular and non-cohesive, either wet or dry.
Class III - Fine sand and clayey (clay filled) gravels, including fine sands, sand-clay
mixtun~s and gravel-clay mixtures.
Class IV - Silt, silty clays and clays, including inorganic clays and silts of medium to
high plasticity and liquid limits. \
TS-30
Class V - This class includes organic soils as weii as soils containing frozen earth,
debris, rocks larger than 1-1/2 inches in diameter, and other foreign materials,
C. Bedding of Ductile Iron Pipe: Ductile iron pipe for gravity sewers shall be laid as specified
using the following type of bedding required for the depth of cover for the various sizes of
pipe to be installed.
1. Flat bottom trench on undisturbed earth. Backfill shall be as specified in the "Selected
Backfilling" and "General Backfilling" paragraphs. \
2. Pipe bt:dded in 4-inches of select materials (may be excavated material if free from
rocks, foreign material and frozen earth). Backfill shall be as specified in the
"Selected Backfilling" and "General Backfilling" paragraphs.
D. Payment: No extra payment will be made for bedding, the cost therefore to be included in
the prices bid for sewers.
, TRENCH WIDTHS::
Trench widths and depths (where applicable) for PVC pipe.
A. PVC Pipe: The maximum trench widths and depths with the various classes of bedding and
required conditions shall be as follows:
1. Trench Width: The maximum clear trench width at the cop of the pipe shall not
exceed a width equal to the normal pipe diameter plus eighteen inches (18"). Iftms
width is exceeded or the pipe is installed in a compacted embankment, pipe
embedment shall be compacted to a point at least 2.5 pipe diameters from the pipe on
both sides of the pipe or to the trench walls, whichever is less.
2. Trench Depths'
Pipe Sizes 6-lnch to 21-lnch, Inclusive
Class of
Bedding
I
% of Proctor
Density Range
95
Maximum Height
of Cover
, 30
3. Compaction: If the proper compaction cannot be obtained with materials from trench
excava.tion, the Contractor will be required to obtain them elsewhere.
LA YING GRA VITI' SEWER PIPE:
All sewer pipe shall be laid upgrade, spigots shall point downgrade. ' The pipe shall be laid in the
trench so that, after the sewer is completed, the invert surface shall conform accurately to the grades
and alignment fixed or given by the Engineer. The interior of all pipes shall be carefully freed of all
TS-31
dirt and superfluous material of every description, as pipe iaying proceeds. Defective joints
discovered after laying shall be repaired and made tight. Defective pipe shall be removed and proper
replacement made.
A. PVC Pipe with Elastomeric Joints: Proper implements, tools and equipment shall be used for
placement 6fthe pipe in the trench to prevent damage. Under no circumstances may the pipe
be dropped into the trench. In subfreezing temperatures, caution shall be exercised in
handling pipe to prevent impact damage. ' All pipe shall be carefully examined for cracks,
blisters, nicks, gouges, severe scratches, voids, inclusions, and other defects before laying.
If any pipe is discovered to be defective after having being laid, it shall be removed and
replaced with sound material at the expense of the Contractor.
1. Assembly of Gasketed Joint: The assembly of the gasketed joint shall be performed
as recommended by the pipe manufacturer. The elastomeric gaskets may be supplied
separately in cartons or pre-positioned in the bell joint ~r coupling auhe factory.
When gaskets are color-coded, the Contractor shall consult the pipe manufacturer or
his literature for the significance. In all cases, the gasket, the bell or coupling interior,
especially the groove area (except when the gasket is permanently installed) and the
spigot area shall be cleaned with a rag, brush, paper towel to remove any dirt or
foreign material before the assembling. The gasket pipe spigot bevel, gasket groove,
and sealing surfaces shall be inspected for damage of deformation. When gaskets are
separat{:, only gaskets which are designed for and supplied with the pipe shall be used.
They shall be inserted as recommended by the manufacturer.
Lubricant used shall be supplied by the pipe manufacturer and shall be applied as
specified by the pipe manufacturer.
2. Lubrication: After lubrication, the pipe is ready to be joined. Good alignment of the
pipe is t:ssential for ease of assembly. Align the spigot to the bell and insert the spigot
into the bell until it contacts the gasket uniformly. Do not swing or "stab" the joint,
that is, do not suspend the pipe and swing it into the bell. The spigot end of the pipe
is mar~ed by the manufacturer to indicate the proper depth of insertion.
lfundue resistance to insertion of the pipe end is encountered, or the reference mark
does not position properly, the joint shall be assembledl and the position of the gasket
checked. If it is twisted or pushed out of its seat ("fishmouthed"), the Contractor
shall inspect components, and repeat the assembly steps. Both pipe lengths must be
'concentric alignments. If the gasket was not out of position, the Contractor shall
verifY proper location of the reference mark. The reference mark shall be relocated
if it is out of position.
3. Field Cut: Field cut pipe to be joined shall be square cut using a hacksaw, handsaw
or power saw with a stee~ blade or abrasive disc" The pipe shall be marked around its
entire circumference prior to cutting to assure a square cut. A factory-finished
beveled end shall be used as a guide for proper bevel angle, and depth of bevel plus
the distance to the insertion reference mark. The end may be beveled using a pipe
TS-32
beveling tool or a wood rasp which will cut the correct taper. A portable sander or
abrasive disc may be used to bevel the pipe end. Any sharp edged on the leading edge
of the bevel must be rounded off with a pocket knife or a file.
4. Deflection Testing: The maximum deflection in the installed PVC pipeline shall not
exceed 5% of the pipes original internal diameteL Deflection testing will be required
using either a defectometer or a "GO-NO-GO" mandrel. The Engineer shall randomly
select portions of the project to be deflection tested. Such portions shall consist of
not less than 5% of the tot~l reaches (Reach being lengths of pipe between two
manholes) in the project (excluding house leads).
Where deflection is found to be excess of 5% of the original pipe diameter, the
Contractor shall excavate to the point of excess deflection and carefully compact
around the point where excess deflection was found. The line shall then be retested
for deflection. However; should after the initial testing the deflected pipe fail to
return to the original size (inside diameter) the line shall be replaced.
In the event that deflection occurs beyond the 5% limit in any section of 5% ore more
of the reaches test, the entire'system shall be tested.
B. Ductile Iron Pipe with Mechanical or Push-On Joints: Proper and suitable tools and
equipment shall be used for the safe and convenient handling and laying of ductile iron pipe.
Care shall be taken to prevent damageto the exterior coating and interior cement lining. All
pipe shall be carefully examined for cracks and other defects before laying. If any pipe or
fitting is discovered to be defective after having being laid, it shall be removed and replaced
with sound material at the expense of the ContractoL Whenever pipe is required to be cut,
the cutting shall be done by skilled workmen using an abrasive wheel cutter. Use of a cold
chisel or oxyacetylene torch will not be permitted.
1. Mechanical Jointing: Mechanical joints shall be made only by experienced mechanics.
Sockets. and spigots shall be washed with soapy water before, slipping gland and
gasket overthe spigot end of the pipe.
The spigot shall be inserted in the socket full depth, then backed off 1/4 inch to
provide clearance for expansion. The gasket shall be brushed with soapY' water and
shall be pushed into position, making sure the gasket is evenly seated in the socket.
The gland shall then be moved into position for compressing the gasket. All bolts and
nuts sha.ll be made "finger-tight"
For joints made in trenches, the bolts shall be tightened to a uniform tightness, using
a torque: wrench for tightening. Bolts shall be tightened alternately 180 degrees apart.
2. "Push-On" Type Joints: The groove and bell socket shall be thorougWy cleaned and
lubricated before the gasket is inserted. Before inserting the gasket, it shall be
thorougWy lubricated and, manufacturers instructions shall be followed for proper
facing and seating of gasket. After the gasket is in place and just prior to joint
TS-33
assembly, a generous coating of lubricant shall be applied to the exposed gasket
surface. The lubricant used shall be a lubricant supplied by the pipe manufacturer.
The plain end shall be inspected and any sharp edges which might damage the gasket
shall be removed by means of a file or a power grinder. Pipe that is cut in the field
must be ground and beveled before assembly. Prior to inserting the plain end of the
pipe into the bell socket lubricant shall be applied to the beveled nose of the pipe.
Small pipe may be pushed home with a long bar but large pipe will require additional
power such as a jack, lever or backhoe. A timber header shall be used between the
bell and bar or other power to avoid damage to the pipe.
During assembly of the pipe, thejoint must'be kept straight while pushing. Pipe may
be deflected if desired but only after the assembly is complete.
3. Mechanical Joint or Push-On Joint Pipe on Piers: Mechanical or Push On Joint pipe
may be used on piers in gravity sewer lines. Pipes shall be laid with 1/4 inch clearance
in each joint to provide for expansion. Jointing of pipe shall be as described above.
On mechanical joint pipe; the bolts shall be tightened alternately 180 degrees apart,
but be left "finger-tight" until the sewage is diverted into the sewers; then the bolts
shall be further tightened a sufficient amount which will prevent slippage which may
occur because of temperature stress.
PLACING PRECAST CONCRETE MANHOLES OR CONSTRUCTING BRICK
MANHOLES:
Precast cO!lcrete manholes, brick manholes, or a combination or precast concrete and brick manholes
shall be placed or constructed where shown and/or directed by the Engineer. Manholes shall be 4,
5, and 6 feet in diameter as determined from the schedule of pipe sizes and line deflections, or as
. shown.
The top of manholes outside of roads, streets, and highways shall be built to grades twelve inches
(12") above ground surlilCe unless otherwise shown on the Drawings. Manholes in roads, etc. shall
be built to grade designated by the Engineer. Vented manholes shall be constructed to elevations as
shown on the Drawings, Brick manholes shall not be used within the rights-of-way of county roads.
Manholes shall be placed and/or csmstructed as follows:
A. Precast Concret-e Manholes' Precast concrete manholes shall be bedded on not less than six
inches (6") of compacted crushed stone at Contractor's expense. The crushed stone shall
extend to not less than six inches (6") outside the walls of the manhole, and shall be
compacted under entire length of pipe within manhole excavation. '
1. Connection of Pipe to Manholes: Conn~ctions of pipe to manhole for 4-inch through
I5-inch pipe shall be made with it flexible joint system. The joint system shall be a
neoprene or synthetic rubber boot or sleeve, either cast or core drilled into the wall
TS-34
of manhole.' The boot or sleeve shall be clamp~d and seated to the pipe with a
stainless steel band. The boot or sleeve system shall be "Lock Joint Flexible Manhole
Sleeves" as manufactured by Interpace Corporation, Parsippany, New Jersey, or
''KOR-N-Seal'' as manufactured by National Pollution Control Systems, Inc., Nashua,
New Hampshire or equal. Connections of pipe to manhole shall have a minimum
clearance, of one inch (I") and shall be filled from the inside of the manhole with a
Non-shtink grout.
~
2. Adjustment' The top of the concentric top section shall have a minimum wall
thickness of eight inches (8") to accommodate brick courses for height adjustment.
A maximum of three (3) brick courses will be allowed for adjustment of manhole to
required grade.
B. Drop Connections: Drop connections will be required, where called for on the Drawings, or
as determined by the dimensions shown in "Drop Manhole Schedule", shown on the
Drawings. Drop pipe shall not be smaller than 8 inches. Generally drop pipe shall be one size
smaller than the sewer which they serve. Openings in walls of precast concrete manholes for
drop connections shall not be made at joints. Drop connection fittings and riser pipe shall be
encased in brick and mortar or formed Class "C" concrete. Drop connections for both brick
and precast concrete manholes shall conform with typical details as shown on the Drawings.
Drop connections shall be carefully backfilled to prevent dangerous side pressure.
C. Manhole Inverts: Manhole inverts shall be carefully constructed with cement grout, Class
'13" concrete, or cement mortar brickwork; special care shall be taken to lay the ch!innel and
adjacent pipes tograde. Cement mortar shall be made of one (1) part cement and two (2)
parts clean sharp sand. Channels shall be properly formed, rounded, and troweled smooth.
The connections of the sewer with the wall and channel of the manhole shall be tight and
smooth.
D. Manhole Steps: Manhole steps shall conform to the details shown. Steps for brick manholes
shall be install€::d along a v~rtical centerline, on approximately 15" centers. Steps shall be
firmly and securely built into manhole walls as brickwork proceeds. Steps for precast
concrete manholes shall be installed along a vertical centerline, on approximately 14" to 16"
centers.
E, Future Sewer Connections: Where shown, a twelve inch (12") long pipe stub for future
sewers, of such size as any be designated, shall be laid to proper grade and alignment and
plugged with a factory plug with same type joint as used on the sewer pipe.
F. Manhole Frames and Covers: Manhole frames and covers shall be as detailed and shown on
the Drawings and as called for in the proposal and shall include setting to finished grade as
required, and grouting in place.
TS-35
CONNECTIONS TO EXISTING SEWERS:
At locations where new sewers are shown to be connected to existing sewers at a new manhole, the
Contractor shall first e:xpose the existing sewer and install a supporting timber beam with suitable
straps around the pipe so as to bridge the excavation for the new manhole. The manhole shall then
be constructed complet(~ with invert and frame and cover. Under special conditions, the C~mtractor
may temporarily block and/or divert sewer flows to facilitate the construction operations. Actual
physical connection of the sewer will be made at a later date, as directed.
HIGHWAY CROSSING:
The Contractor shall install pipe lines across highways in accordance with the applicable regulations
of the State HighwayT)epartment and as shown on the Drawings.
CONCRETE PIERS:
Concrete piers for du.ctile iron pipe shall be constructed of Class "A" concrete, and shall be
constructed as shown on the Standard Detail Drawing. If rock is encountered, piers supporting pipe
lines across streams shall be anchored into the rock, as shown on the Detail Drawings, so as not to
resist overturning during periods of flood stages in the stream. Holes not smaller than two and one-
half inches (2 W') in diameter by two' feet (2') deep shall be drilled into the rock after excavation for
the footing is complete; No. 6 reinforcing bars shall be embedded in grout made with high-early
strength cement poured into the holes. In wet holes, grout shall be deposited with a tremie. Straight
bars shall be used, and shall be bent over for anchorage after the concrete has attained its full strength.
Where unusually poor soil conditions are encountered, the Engineer may direct that spread footings
of concrete be constructed, or that pin piles be driven for support of piers.
CLOSING PIPE:
When the work of pipe-laying is suspended for the night, and at other times, the end of the sewer shall
be closed with a tight ,::over. The Contractor 'shall be responsible for keeping the sewer free from
obstruction.
TESTING AND CLEANING:
Before acceptance of any sewer or systems of sewers, lines shall be cleaned and tested in accordance
with these Specifications. Where any obstruction is met, the Contractor will be required to clean the
\
sewers by means of rods, swabs, or other instruments. Lines and manholes shall be clean before final
inspection. Pipe lines shall be straight and show a uniform grade between manholes. The
Contractor shall be required to correct any variations therefrom which may be disclosed during the
inspection.
TS-36
LEAKAGE TESTS:
All sewer lines, including in-house service lines, shall be tested' for leakage, in the presence of the
engineer or his representative, before being placed into service. These shall be conducted by one or
a combination of the following three methods:
,
A. Infiltration Test:, Where natural ground water levels stand a minimum of two feet (2') above
the top of the pipe, the amount of leakage may be determined from measurements made at
the lower end of the sewer section under test. Sewers above the test section shall be closed
before testing by the installation of suitable watertight bulkheads, The length of the test
section shall be determined by the Engineer. The average of six readings at five minute'
intervals will be used to determine the rate of infiltration for anyone test 'section.
The rate of infiltration of ground water into any test section of sewer, including manholes,
shall not exceed the following:
Size of Sewer
Gallons Per 24 Hours
Per Foot of Sewer
8"
10"
12"
15"
18"
21"
24"
30"
0.30
0.38
0.45
0.57
0.68
0.80
0.91
1.14
B. Exfiltration Test: Where natural ground water levels do not stand two feet (2') above the top
of the pipe, an {:xfiltration test shall be conducted on each section of the sewer. The test shall
be performed up to an average maximum hydrostatic head often feet (10'). The test shall be
conducted in the following manner.
The ends of the pipe in the test section shall be closed with suitable watertight bulkheads.
Inserted into each bulkhead at the top of the sewer pipe shall be a 2-inch pipe nipple with an
elbow. At the upper end of the test section a riser pipe shall be installed, The test section of
the pipe shall be filled through the pipe connection in the lower'btilkhead which shall be fitted
with a tight valve, until all air is exhausted and until water overflows the riser pipe at the
upper end. Water may be introduced into the pipe twenty-four (2) hours prior to the test
period to allow complete saturation. House service lines, if installed, shall also be fitted with
suitable bulkheads having provisions for the release of air while the test section is being filled
with water.
During the test period, which shall extend over a period of thirty (30) minutes, water shall be
introduced into the riser pipe from measured containers at such intervals as are necessary to
maintain the water level at the top of the riser pipe. The total volume of water added during
the thirty (30) minute test pe~od shall not exceed that shown for infiltration in (a) above.
TS-37
C. Low Pressure Air Test: Where sewer grades are such that preclude performance of the
exfiltration test or at the Contractor's option, a low-pressure air test shall be conducted on
each section of sewer after completion and before acceptance.
Prior to air testing, the section of sewer between manholes shall be thoroughly cleaned and
wetted. Immediately after cleaning or while the pipe is water soaked, the sewer shall be
tested with low pressure air. At the Contractor's option, sewers may be tested in lengths
between manholl;:s or in short sections (25 ft. or less) using Air-Lock balls pulled through the
line from manhole to manhole. Air shall be slowly supplied to the plugged sewer section until
internal air pres:sure reaches approxiplately 4.0 psi. After this pressure is reached and the
pressure allowed to stabilize (approximately 2 to 5 minutes), the pressure may be reduced to
3.6 psi before staring the tests. If a 1.0 psi drop does no~ occur within the test time, then the
line has passed the test. If the pressure drops more than 1.0 psi during the test time, the line
is presumed to have failed the test and the Contractor will be required to locate the failure,
make necessary repairs, and retest the line. Minimum test time for various pipe sizes, in
accordance with ASTM C 828, as amended to date, is as follows:
Nominal
Pipe Size
(Inches)
T(time)
Min/l00
Feet
8
10
12
15
18
24
30
1.2
1.5
1.8
2.1
2.4
3.6
4.8
Required test equipment include Air-Lock balls, braces, air hose, air source, timer, rotometer
as applicable, cut-off valves, pressure reducing valve, 0-15 pressure gauge, 0-5 pressure
gauge with grad.ations in 0.1 psi and accuracy of :1:2%.
The Contractor shall keep record of all tests made. Copy of such records will be given to the
r Engineer or the Owner. Such records shall show date, line number and stations, operator and
such other pertinent information as required by the Engineer.
The Contractor is cautioned to observe proper safety precautions in performance of the air
testing. It is imperative that plugs be properly secured and that care be exercised in their
removal. Every precaution shall be taken to avoid the possibility of over pressurizing the
sewer line.
D. Repairs: All visible leaks shall be repaired regardless of whether infiltration, exfiltration or air
test is within allowable limits. No sewer will be accepted until leakage tests demonstrate
compliance with one of the above leakage test methods.
TS-38
CLEANING UP;
Before the work is considered complete, all material not used, and rubbish of every character must
be removed from the project. All streets, sidewalks, curbs, fences, and other private or public
facilities and structures disturbed must be in essentially. as good condition as existed before the \york
was done. Any subsequent settlement of backfill or pavement over trenches shall be replaced by the
Contractor and the surfaces brought to grade.
ACCEPTANCE OF \VORK:
Sewer lines and appurtenances will not be considered ready for acceptance until all provisions of the
Specifications have been complied with, until all tests have been satisfactorily completed, and until
inspection of the work has been made. Sewage flows shall not be diverted into new sewers until after
such time as final insp(~ction of the lines has been made by the Engineer, and permission grated
therefor.
PAYMENT:
All items included in these Specifications shall be paid for at the unit prices shown in the bid form.
No separate payment'will be made for items not shown.
SECTION T-8 - GRASSING
\
SCOPE:
This section covers the fl1rnishing of all labor and materials and the performance' of all work required
to assure the establishment of a dense permanent cover of common Bermuda grass on all areas off
the site disturbed by construction operations.
SEED BED PREPAR<\TION:
Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low
spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform
drainage after establishment of the turf before tillage is begun. Graded surfaces will be maintained
in a smooth and even condition until the required cover is established.
After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly
loosened to a depth ofleast six (6) inches by plowing, disking, harrowing, or other approved methods
until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be
cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting,
or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed out,
before seeding operations are begun.
, TS-39
FERTILIZATION:
Fertilization shall be distJibuted unifonnly at a rate of 1,500 pounds of commercial 10-10-10 analysis
fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches
by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart
of the tillage operation specified above, or a part of the hydro~eeding procedure as described below:
Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed
at the rate of2,000 pounds per acre and shall be incorporated into the soil to a depth of atleast three
,inches bydisking, harrowing, or other acceptable methods. The incorporation 'of lime along with the
fertilizer may form a part of the tillage operation specified above.
Not less than 30 days afi,er completion of seeding, the Contractor shall furnish and apply Nitrate of
Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product,
containing n<?t less than 16 percent Nitrogen and Ammonium Sulphate not less 20 percent Nitrogen.
The Nitrogen fertilizer shall be unifonnly spread and distributed with approved equipment at the rate
that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of
'nitrogenous material may be substituted at the option of the Contractor. The time of application shall
be limited to the season of June through August.
SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the
following methods:
Between the dates of April 15 and September .15, Hulled Common Bermuda seed and Top Millet seed
shall be applied at a rate of 40 pounds of seed per acre.
If seeding is undertaken betWeen September 15 and April 15, Unhulled Common Bermuda seed shall
be applied at a rate of 40 pounds ofseed per acre simultaneously with Abruzzi Rye seed at a rate of
200 pounds per acre.
Seed may be applied by means ofaHydroseeder or other means approved by the Engineer.
COMPACTION:
Immediately after seeding operations have been completed, the areas shall be compacted by means
of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted
by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with
a firm, even surface, free from abrupt humps and hollows, and to the established grade,
MULCHING:
All areas planted to perrnaneIlt grass shall be uniformly mulched with hay or straw at the rate of 1 V2
tons per acre, except where hydro seeding is employed using cellulose mulch mixed with the seed and
fertilizer.
TS-40
ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds
are not dominant.
APPLICABLE SPEClFICA TIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard
Specifications fo; Highway Construction of the Georgia Department of Transportation, Edition of
1972.
MEASUREMENT - PAYMENT:
Work performed under this section will be paid for at the lump sum price for Grassing appearing in
the Proposal Bid Schedule. Payment therefor will include full compensation for all materials, labor
and equipment required to establish the required permanent stand of grass,
TS-41
/
SECTION P
PROPOSAL
Date: 12/9/97 Gentlemen:
In compliance with your invitation for bids dated November 11, 1997, the undersigned
hereby proposes to furnish all labor, equipment, and materials, and, to perform all work for the
installation of streets, and appurtenances referred to herein as:
Sharon Road and SandyDrive Water and Sewer Improvements
Project: ARC # U-97-008
in strict accordance with the Contract Documents and in consideration of the amounts shown on the
Bid Schedule attached hereto and totaling: Two Hundred Thirty-Two Thousand Two Hundred Fifty-
Three and 50/hundredths Dollars ($232.253,50).
The undersigned hereby agrees that, upon written acceptance of this bid, he will within '1 0
days of receipt of such notice execute a formal contract agreement with the OWNER, and that he
will provide the bond or guarantees required by the Contract Documents. '
The undersigned further agrees that, if awarded the contract~ he will commence the work
within J..Q... calendar days after the date of written notice to proceed, and that he will complete the
work witl).in -2Q.. working days after the date of such notice.
-
The undersigned acknowledges receipt of the following addenda #1 (12/8/97):
Respectfully Submitted,
Steve Duffie Grading & Landscaping. Inc.
, (Name afFirm)
5101 Hereford Farm Road
(Business Address)
Evans GA 30809
(City, State & ~ '
By: M Ol!.Q.. #9'
Title: President
P-1
SHARON ROAD AND SANDY DRIVE
WATER AND SANITARY SEWER IMPROVEMENTS
PROJECT: ARC #U-97-008
UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
230-1000 Lump Sum Construction Lump $14,000.00 $14,000.00
000-9001 Soil Erosion & Sediment Control Lump $ 1,500.00 $ 1,500.00
000-9002 Road Cuts & Repair L.F. 3810 $ 12.50 $47,625.00
000-9003 Reproducible As-Built Lump $ 1,250.00 $ 1,250.00
400-8116 Overlay for Road Repair Sq. Yds 9500 $ 2.70 $25,650.00
1 II2" Type E
610-9999 Tie to Ex. San Sewer Manhole Each $ 1,000.00 $ 1,000.00
660-0006 6" San Sewer SeIVice L.F. 1050 $ 7.75 $ 8,137.50
660-9999 6" Clean Outs Each 35 $ 50.00 $ 1,750.00
660-0008 8" San. Sewer L.F. 3458 $ 14.00 $48,412.00
668-3300 San. Sewer Manhole Each 14 $ 1,100.00 $ 15,400.00
670-1060 Water Main, 6 in. L.F. 3592 $ 12.00 $43,104.00
670-2060 Gate Valve, 6 in. Each 11 $ 450.00 $ 4,950.00
670-4000 Fire Hydr:mt, Complete Each 4 $ 1,400.00 $ 15,600.00
670-3206 Tapping Sleeve & Valve Assembly Each $ 3,500.00 $ 3,500.00
20 in X 6 in
670-5000 Reconnect Water Services Each 35 $ 225.00 $ 7,875.00
700-600 I Grassing Complete Lump $ 2,500.00 $ 2,500,00
TOTAL $232,253.50
<~~~
CONTRAC '
P-2
"'
SHARON ROAD AND SANDY DRIVE
,_ J -, . .:
WATER AND SANITARY SEWER IMPROVEMENTS,
PROJECT: ARC #U-97-008
ADDITIONAL ITEMS OF CONSTRUCTION TO BE PERFORMED BY THE
CONTRACTOR, IF ,REQUIRED, AS DETERMINED BY THE ENGINEER:
(PLEASE STArE UNIT PRICES):
1.
Select Refill Material - Stone, Type II
$25.00 Ton
Rock Excavation*
$50.00 Cubic Yds
*Note: Rock excavation is defined as earth material encountered during excavation which cannot
be removed or excavated wi~h normal excavation equipment. The quantity of rock excavation
work will be computed by the engineer on the basis of measurements taken by the engineer.
FAILURE TO OUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS MAY
, CAUSE THE BID TO BE REJECTED!!
P-3