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Augusta Richmond GA
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PROJECT MANUAL
Samplers for Industrial Customers
Augusta Utilities Department
Project No. 70450
Augusta, Georgia
PREPARED FOR:
AUGUSTA-RICHMOND COUNTY COMMISSION
Bob Young, Mayor
Lee N. Beard - District 1
Marion F. Williams - District 2
Steve Shepard - District 3
Richard Colclough - District 4
Bobby Hankerson - District 5
Andy Cheek - District 6
Tommy Boyles - District 7
Ulmer Bridges - District 8
William H. Mays, III - District 9
William B. Kuhlke, Jr. - District 10
AUGUSTA UTILITIES DEPARTMENT
N. Max Hicks, P.E. - Director
September 2003
PREPARED BY:
.
.
Stevenson&Palmer
Engineering
INCORPORATED
Bid Hem 03-098A $50 2
Samplers for Industrial Customers
Utilities
Bid Due 10-30-03 at 3:00 p.m.
360 Bay Street, Suite 400/Augusta, Georgia 30901/706-261-4040/Fax 706-261-4042
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PROJECT MANUAL
Samplers for Industrial Customers
Augusta Utilities Department
Project No. 70450
Augusta, Georgia
PREPARED FOR:
AUGUSTA-RICHMOND COUNTY COMMISSION
Bob Young, Mayor
Lee N. Beard - District 1
Marion F. Williams - District 2
Steve Shepard - District 3
Richard Colclough - District 4
Bobby Hankerson - District 5
Andy Cheek - District 6
Tommy Boyles - District 7
Ulmer Bridges - District 8
William H. Mays, III - District 9
William B. Kuhlke, Jr. - District 10
AUGUSTA UTILITIES DEPARTMENT
N. Max Hicks, P.E. - Director
September 2003
PREPARED BY:
360 Bay Street, Suite 400/Augusta, Georgia 309011706-261-4040/Fax 706-261-4042
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PROJECT MANUAL
SAMPLERS FOR INDUSTRIAL CUSTOMERS
AUGUSTA UTILITIES DEPARTMENT
Project No. 70450
TABLE OF CONTENTS
SECTION & TITLE
PAGE NUMBERS
DIVISION 1 - GENERAL REQUIREMENTS
00100 Advertisement for Bids ..........___...........___....m..m..........................___ 00100-1 thru 00100-2
00110 Instruction to Bidders..............___..........................mm.....___m...........0011 0-1 thru 00110-3
00120 Bid Proposal......___m....m....___m..m.m..........___..............m...___m....___..00120-1 thru 00120-6
00125 Bid Bond.............___...............___m___..___..........mm.mm......______..........._. 00125-1 (One Page)
00130 Notice of Award,.........m......m..............mm............m...........m..___.....00130-1 (One Page)
00135 Agreement ...m___..................m...........___....m..m....................... .......... 00135-1 th ru 00135-4
00140 Performance Bond........._....m..___................m..mm......___.m.............00140-1 thru 00140-2
00145 Labor & Material Payment Bond ...............m..mmm.......___............00145-1 thru 00145-3
00150 Certificate of Owner's Attorney___.........___m..........___......___.___.......... 00150-1 (One Page)
00155 Notice to Proceed...___.....___..........___m...................m.m_.___m_m......... 00155-1 (One Page)
00160 Affidavit of Payment of Claims.m..m.................ooo_oooooo___....___..m....00160-1 (One Page)
00170 Certificate of Insurance ...m.......ooo......______..___......m........___ooo.m.......00170-1 thru 00170-2
01001 General Conditions .....______..m.m.................m___.mm..................ooom01 001-1 thru 01001-52
01002 Special Conditions.ooo..........._....m___............m.oooooom.....m...m....___m. 01002-1 thru 01002-10
01150 Measurement and Paymentooom..m............................................m.01150-1 (One Page)
o 1800 Submittals __...._........000 .................____m..............ooo..mm......mmm....___. 01800-1 thru 01800-4
01800A Submittal Transmittal Form.._m................_mm....mm...............m.._1 Page
01800B Product Data Transmittal Form.___.....................m..m______m...........1 Page
DIVISION 2 - SITE WORK
02640 Manholes and Covers.............___.....mmmm............................m.m.. 02640-1 thru 02640-5
02730 Sanitary Sewers____....................m.................ooo.___m....m.......______...... 02730-1 thru 02730-11
DIVISION 3 - CONCRETE
03301 Cast-In-Place Concrete
03301-1 thru 03301-9,
DIVISION 4 - NOT USED
DIVISION 5 - METALS
05500 Metal Fabrication
05500-1 thru 05500-5
TABLE OF CONTENTS/Rev. 11/02,4/03
Page 1 of 2
TABLE OF CONTENTS
Page 2 of 2
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DIVISION 6 - 10 NOT USED
DIVISION 11 - EQUIPMENT
11000 General Requirements for Equipment___________.______.______h___m_______11 000-1 thru 11000-2
11010 Installation of Owner-Furnished Equipment_______m.mmh___m_______11 01 0-1 thru 11010-2
11206 Palmer-Bowlus Flumes ____________________________________________________m___m______11206-1 thru 11206-3
11210 Metering Manholes________._______________________.__________m__oo__________m___________11210-1 thru 11210-6
DIVISION 12 - NOT USED
DIVISION 13 - SPECIAL CONSTRUCTION
13169 Pre-Engineered Enclosure____.______._________________.___________m_________________13169-1 thru 13169-5
13617 Electromagnetic Flow Meters____m_________._____________m________m_____m____13617 -1 thru 13617-4
DIVISION 14 - 16 NOT USED
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S&P Project No, G 124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
Revised 1 0/02
SECTION 00100 - ADVERTISEMENT FOR BIDS
Sealed bids for construction of wastewater system improvements at Augusta, Georgia,
hereinafter referred to by project name as:
Bid Item #
Samplers for Industrial Customers
Augusta, Georgia
will be received by the Augusta-Richmond County Commission, hereinafter referred to as
the OWNER at the office of the Director of Purchasing, Room 605, Municipal Building
until (a.m.)(p.m.) on , 200_, at which time all bids will be
publicly opened and read in the presence of those interested.
The work to be done consists of the following generally described items:
Installation of discharge metering and sampling stations at various locations
Plans and specifications are open for public inspection at the Augusta-Richmond County
Purchasing Dept., Room 605 Municipal Building, Augusta, Georgia; and at the following
locations:
Digital Blueprint/Dodge Plan Room
Augusta, Georgia
Augusta Builders Exchange
Augusta, Georgia
Copies of Contract Documents may be obtained at the Augusta-Richmond County
Purchasing Department upon a deposit of $50.00 for each set (non-refundable).
Bids shall be enclosed in a sealed envelope and addressed as follows:
AUGUSTA-RICHMOND COUNTY COMMISSION
c/o Director of Purchasing
Room 605 - Municipal Building
Augusta, Georgia 30911
Mark the outside of the envelope as follows:
Bid Item #
Samplers for Industrial Customers
Bids must be accompanied by a Bid Bond secured by a surety company, certified check,
or cashier's check in an amount equal to at least 10% of the amount of the bid. A
contract performance and payment bond each in the amount of 100% of the contract
amount will be required of the successful bidder. The Augusta-Richmond County
Commission reserves the right to reject any and all bids and to waive any informalities in
the bidding.
ADVERTISEMENT FOR BIDS
00100-1
ADVERTISEMENT FOR BIDS
00100-2
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
Revised 10/02
It is the wish of the Owner that minority businesses be given the opportunity to bid on the
various parts of the work. This desire on the part of the Owner is not intended to restrict
or limit competitive bidding or to increase the cost of the work. The Owner supports a
healthy free market system that seeks to include responsible businesses and provide
ample opportunity for business growth and development.
Geri Sams, Director of Purchasing
Publish:
Metro Courier
,20_
,20_
Augusta Chronicle
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
SECTION 00110- INSTRUCTION TO BIDDERS
1.01 GENERAL
All proposals must be presented in a sealed envelope, addressed to the Owner.
The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed
in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned unopened.
Prior to the time stated any proposal may be withdrawn at the discretion of the
bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
1.02 EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and
location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the
work, the general and local conditions, and all other matters which can in any way
affect the work or the cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the Owner, either before or
after the execution of the contract, shall affect or modify any of the terms or
obligations therein.
1.03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid documents
will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the Director
of Utilities, and to be given consideration must be received at least five days prior
to the date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the
specifications which, if issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at the respective addresses furnished for
such purposes), not later than three days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or interpretation shall
not relieve such bidder from any obligation under his bid as submitted. All
addenda so issued shall become part of the Contract Documents.
1.04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or
his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
-
I
INSTRUCTION TO BIDDERS
00110-1
INSTRUCTION TO BIDDERS
00110-2
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sap Project No. G124-01-0a
Samplers for Industrial Customers
Augusta Utilities Department
Bidders must quote on all items appearing on the bid forms, unless specific
directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the words "no bid"
where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted
will be allowed if submitted by telegraph prior to the time fixed in the Invitation for
Bids. Modifications shall be submitted as such, and shall not reveal the total
amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners.
Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in illl cases.
1.05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will
include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the
accompanying contract, and in the manner set forth and described in the
specifications.
Where estimated quantities are included in certain items of the proposal, they are
for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor
to check all items of construction. In case of error in extension of prices in a
proposal, unit bid prices shall govern.
1.06 BIDDER'S QUALIFICATIONS
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
deemed necessary to determine the ability of the bidder to perform the work and
the bidder shall furnish to him all such additional information and data for this
purpose as may be requested. The Owner reserves the right to reject any bid if
the evidence submitted by the bidder or investigation of him fails to satisfy the
Owner that such bidder is properly qualified to carry out the obligations of the
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S&P Project No, G124-01-08 .
Samplers for Industrial Customers
Augusta Utilities Department
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.
1.07 PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to the
Owner for the use of the Owner and all persons doing work or furnishing skill,
tools, machinery or materials under or for the purpose of such contract, conditional
for the payment as they become due, of all just claims for such work, tools,
machinery, skill and terms, for saving the Owner harmless from all cost and
charges that may accrue on account of the doing of the work specified, and for
compliance with the laws pertaining thereto. Said bond shall be for the amount of
the contract satisfactory to the Owner and authorized by law to do business in the
State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and
effectively dated copy of the power of attorney.
1.08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as
practicable, provided satisfactory bids are received. The right 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.
1.09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the
involvement of qualified minority and economically disadvantaged businesses in
the contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms. The
bids will be evaluated based on qualifications, price and construction time. With all I
other items being considered equal, the contract, if awarded will be awarded to a
minority and economically disadvantaged firm or a firm that has included such
firms as subcontractors on this project.
The bidders shall include with their bid a statement of qualification for themselves
and/or any qualified subcontractors explaining why they should be considered a
minority or economically disadvantaged firm. If the firm does not fall into this
category, no information is necessary.
END OF SECTION 00110
INSTRUCTION TO BIDDERS
00110-3
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S&P Project No. G124-01-Qa
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 00120 - BID PROPOSAL
AUGUSTA-RICHMOND COUNTY COMMISSION
MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
PROJECT TITLE: Samplers for Industrial Customers,
Augusta, Georgia
BID ITEM NO. 03-098A
BIDDER: BRW Construct!t"on Group, LLC
Pursuant to the Advertisement for the Samplers for Industrial Customers, the Bidder
proposes to furnish all materials, machinery, equipment, tools and other means of
construction, and to do and perform all work at prices as hereinafter set forth and in
accordance with Plans and Specifications, and Addenda thereto, on file in the offices of
the August Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia,
30911 .
FIRST. In submitting this Bid proposal, the undersigned bidder understands and agrees
to the Instructions and Information to Bidders.
The Bidder acknowledges that he has received and examined the Plans and
Specifications, and has informed himself of all Addenda thereto, and of the form of the
Contract and Public Contractors Bond to be furnished in the event he is the successful
bidder and is awarded the Contract.
SECOND. The Undersigned Bidder agrees, if the successful bidder, to execute the
contract in form as set forth in the Specifications and to furnish a Performance Bond in an
amount of 100 percent of the Contract amount as security for the faithful performance of
the Contract and a Payment Bond in an amount of 100 percent of the Contract amount
for the payment of all persons performing labor and/or furnishing materials in connection
with the Contract and the fulfillment of such guarantees as are hereinafter specified, and
insurance as set forth in the Specifications, all within 10 days of receiving notice of award
of contract by the Owner.
THIRD. The Undersigned Bidder further agrees to begin the work on receipt of the
executed contract and Notice to Proceed and to prosecute said work so as to complete
work except as otherwise specified under this Contract within the time as specified in the
Special Conditions.
FOURTH. The Undersigned Bidder further agrees to guarantee performance of all work in
accordance with the Plans and Specifications and in a good and workmanlike manner,
and to replace or repair any work which may be rejected due to defective materials or
workmanship prior to final completion, and acceptance of the project by the Owner or
during the guarantee period as required by the Specifications.
BID PROPOSAL
00120-1
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S&P Project No. G124-01-Qa
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
FIFTH. The Undersigned Bidder further agrees to indicate on his Bid Proposal, in the
space provided for that purpose, the names of the Contractor and Subcontractors who
will perform the work if his proposal is accepted.
SIXTH. The Undersigned Bidder agrees to submit, as and when required, prior to award
of the Contract the following:
a) Such catalogs, drawings, specifications, descriptive information and other
details as to special equipment or materia1 bidder proposes to furnish for the
work, to permit an evaluation of the merits thereof and determination as to
whether such special equipment or materials comply with the specifications, in
addition to those required by the Instructions and Information to Bidders.
b) A properly executed affidavit of non-collusion.
c) Statements of experience, capital and equipment available, and certified
financial statements, in accordance with the provisions of Instructions and
Information to Bidders.
SEVENTH. The Undersigned Bidder proposes to furnish all materials, machinery,
equipment, tools, labor, supervision and other things specified or required and to perform
all work necessary to carry out and satisfactorily complete the construction project
described in the Contract Documents in the manner and within the times specified in the.
Contract Documents.
EIGHTH. The Undersigned Bidder agrees to pay to the Owner, liquidated Damages as
stated in the Agreement for each consecutive calendar day (Sundays and legaJ holidays
excluded) of delay in an amount not to exceed $150.00 per day.
NINTH. The Undersigned Bidder acknowledges and certifies that he has examined the
site of the work by personal investigation and is familiar with the on-site conditions and
requirements of the work, including the materials to be excavated; that he has made his
own interpretations and satisfied himself by his own investigations and research regarding
labor and materiaJs needed; that this Bid Proposal is made in sole reliance thereon; and
that any information and/or data obtained from the Owner or Engineer will not be used as
a basis for any claim in regards to this project.
TENTH. The Undersigned Bidder agrees that any surcharge fees due the Owner due to
exceedances of discharge limitations during the cleaning operation may be deducted
from monthly progress payments due the Contractor.
BID PROPOSAL
00120-2
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S&P Project No. G124-01-oa
Samplers for Industrial Customers
Augusta Utilities Department Project 1170450
/. SCHEDULE OF BID PROPOSAL
Bidder must fill in the unit prices in figures, make extensions of each item and total as
indicated. For complete information concerning these items, see DraWings and
Specifications.
ITEM
NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
DESCRIPTION
PRICE EA.
Construction Improvements For The Following Locations:
Augusta Bottling Company (Omitted)
Castleberry Food Company
EKA Chemicals
International Flavors and Fragrances
KendaJI Company
Shapiro Packing Company
Solvay Advanced Polymers, Site No. 1
Sofvay Advanced Polymers, Site No.2
Waste Research and Recovery
AC Industries
Avondale-Sibley MiD
Rorida Rock and Tank Unes, Inc.
President Baking Company
Quala Wash
Spuds, Inc.
Standard Textiles
Sweetheart Cups
Dennis Road (Rev. 11/02)
Cannongate Prive
Pleasant Home Road
Ravenwood Drive
WaJ-Mart @ Bobby Jones Expressway
-e-
J~ 937; 00
_3, 95;;l.,dJa
. 1~';.~7, dO
/ I ~_ _--J d 0 ~,
dt 14 ()~/, 00 .
cf 1f;}~4,(Jo .
J1 L8/ (,,{..3..00
at ID.:J. t:fij,60
<I /0.818,0"0
,
dJ 4~ (,.'79,cJO
ri 2~ I.. t. t.. 60
.1 f!J1 e; 2. 0.. 60
tf W' ;.~~4-, l)ll
,J ~Z6G,.60
rJ . I I /",1:>0
~ ,DD
dI tJt? 00
Jt 3;1.. 35'9.CJlJ
J' 3b:1(g1.60
M ~q,tocUodj D .
~ '2~& 11..00:
TOTAL: I 45tl; 47t.oo
TOTAL OF BID
"co" ;. I/f/N/;' / ;:;1-11 Two f),(Jf/f -1.'" j he"; J:./lu., j/'~Se (/-1, S> j{
/
($ 1S2,/ 1.f7t, 00 )
DOLLARS
BID PROPOSAl/Rev. 4.03
00120-3
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S&P Project No. G124-Q1-Qa
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
II. TABULATION OF SUBCONTRACTORS USED IN BID PROPOSAL
The following tabulation lists the various Contractors whose prices were used in
preparation of the Bid and who will be used to accomplish the respective items of work.
DESCRIPTION OF WORK
Electrical & Instrumentation
BID PROPOSAl/Rev. 4.03
NAME AND ADDRESS OF
SUBCONTRACTORS INCLUDED
Whitaker Electric Com~t'In'.
,
6?l..8 C,,111mr'li R "RTI
Appling. GA. 30802
00120-4
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
III. CERTIFICATION AND EXECUTION
Enclosed herein is Proposal Guarantee in the form of Bid Bond in the amount of
Five (5) Percent of Bid ($)
payable to City of Augusta
The amount of the Proposal Guarantee is at least ten (10) percent of the amount of the
Total Bid as required by the Advertisement for Bids and by the J nstructions and
Information to Bidders.
Receipt is acknowledged of the following addenda:
Addenda~ 1
,.
WITN ESS our hands and seal this 30 day of 0 c t 0 b e r ,200~.
'r?~/' (L '7V? &~ <-
. CkL-J~ 9' ~~~
Co-partners doing business under
name and style of
CORPORATE EXECUTION
E J( W Co;' "51)//ct'6 J/) G }-(!)O f LL C
A Corporation ofthe State of G&orgia
By (' :< ~ ); 13 <-'V~
(Corporate Seal)
President
TITLE
By
TITLE
BID PROPOSAL
00120-5
I S&P Project No. G124-01-Ga
Samplers for Industrial Customers
I Augusta Utilities Department
MAILING ADDRESS P.o. Box 1806
I Savannah, GA. 31402
PHONE NUMBER 912-236-8107
I FAX NUMBER 912-236-8103
I STREET ADDRESS 112 Steeplechase Rd.
Savannah, GA. 31405
I
I END OF SECTION 00120
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I SID PROPOSAL 00120-6
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S&P Project No. G 124-01-08
Samplers for Indudrlal CU$tomers
Augusta Utilities Department Project #70450
SECTION 00125 - FORM OF BID BOND
KNOW ALL MEN BY rnESE PRESENTS that we, the undersigned,
BRW Construction Group, LLC , as Principal, and First Sealord Surety, Inc. , as
Surety, are held finnly bound unto Augusta-Richmond County Commission, as Owner,
in the penal sum of: Ten Percent of Bid Amount DOLLARS ($(10%) of Bid Amount ), tor the
payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns.
RevIsed 1 0102
Bond No. 03-1477-BID
Signed, this 30th day of October
,200~.
The condition of this obligation .is such that whereas the Principal has submitted to
Augusta-Richmond County Commission; a certain Bid, attached hereto and hereby made
a part hereof to enter into a contract in writing for:
Samplers for Indus~ia' Customers.
NOW, THEREFOR,
{al If said Bid shaU be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliVer a contract
m \he Fonn of Contract attached hereto (property completed in accordance with
said Bid) and shall furnish a bond for his fafthful performance of said contract, an,d
for the payment of aD persons performing labor or furnishing materials In
connection therewith,and shall in all other respects perform the agreement Cfeat~
by the acceptance of said Bid. then this obligation shall be void, otherwise the
same shall remain In force and effect; rt beIng expressly understood and agreed
that the llabirlty, of the Surety for any and all claims hereunder shall, in no event,
exceed the ~aJ amount of 'this obligation herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
surety and its Bond shall be in no way impaired or affected 'a'J atftJ extension 01 time w1thm
which the Owner may accept such BId; and said Surety does hereby waive notice of any
such extension.
IN WITNESS WHEREOF, the Prindpal and the Surety have hereunto set these hands
and seals, and such of thell1 ~s ;a~ .cOrpo~ipri.s have caused their corporate seals to ~
hereto affiXed and these presentS'to 00' sighed by their proper officers, the day and year
first set forth above.
BRW Construction Group, LLC
(Principal)
LS.
{SEAU .
First Sealord Surety, Inc.
Qz (Su,!'ty!
By: /' ccJS:~L
j? (Attornev in Fact)
Dick Shan~han; Attorney.in-Fact
...........
"'-
FORM OF BID BOND
00125-1
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
Revised 10/02
SECTION 00130 - NOTICE OF AWARD
TO: BRW Construction Group, LLC
P.O. Box 1806
Savannah, GA 31402
PROJECT DESCRIPTION: Samplers for Industrial Customers
Augusta Utilities Department Project #70450
The Owner has considered the Bid submitted by you for the above described WORK in
response to its Advertisement for Bids dated October 30, ,200 3 and
Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount
of:
$ 452,476.00
You have agreed in your Proposal to execute the Agreement and furnish the required
Contractor's Performance and Payment Bond within ten (10) calendar days from the date
of this Notice to you.
It you .fail to execute said Agreement and furnish said Bonds within ten (10) days from the
date of this Notice, said OWNER will be entitled to consider all your rights arising out of
the OWNER'S acceptance of your Bid as abandoned and as forfeiture of your Bid Bond.
The Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
Owner.
Dated th is
26th
day of "February , 200~.
BY: 9."",. L $ )~
Title: 6/7 ~,~ (? P-t'/,:"" j' ..r.....: 4-!-
Acceptance of Notice
Receipt of the above Notice of Acceptance of the Bid Proposal is hereby acknowledged
on this \3 d day of /P1a/~ , 2001- .
BY: O~J. ~~
;;;'~I de;v.,f
Title:
NOTICE OF AWARD
00130-1
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S&P Project No, G124-01-0B
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 00135 - AGREEMENT
THIS AGREEMENT, made on the II ( day of 3~J , 2001) , by and
between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RJeHMOND
COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and
, party of the second part,
hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations
hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described in
the specifications for the project entitled:
Samplers for Industrial Customers
and in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
calendar days after the date of written notice by the Owner or the Contractor to proceed.
All work shall be completed within 180 calendar days with all such extensions of time as
are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and
the Owner, that the date of beginning, rate of progress, and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will ensure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of the
same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE ,
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby
agree, as a part ofthe consideration for the awarding of this contract, to pay the Ownerthe
sum of One Hundred Fifty Dollars ($150.00), not as a penalty, but as liquidated damages
for such breach of contract as hereinafter set forth, for each and every calendar day that
the Contractor shall be in default after the time stipulated in the Contract for completing the
work.
AGREEMENT
00135-1
AGREEMENT
00135-2
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining the
actual damages the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is fixed
for the additional time is allowed for the completion of any work, the new time limit fixed by
extension shall be the essence of this contract.
ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay to the contractor for the performance of the Contract
the amount as stated in the Proposal and Schedule of Items. No variations
shall be made in the amount except as set forth in the specifications attached
hereto.
(8) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to
the Owner's Engineer an estimate covering the percentage of the total
amount of the Contract which has been completed from the start of the job
up to and including the last working day of the preceding month, together
with such supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in place and at the
unit prices as set forth in the Bid Schedule. The Contractor agrees that any
surcharges accrued due to exceedances of discharge limitations may be
deducted from monthly progress payments due the contractor.
On the vendor run following approval of the invoice for payment, the Owner shall
aft~r deducting previous payments made, pay to the Contractor 90% of the amount of the
estimate on units accepted in place. The 10% retained percentage may be held by the
Owner until the final completion and acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days make such inspection, and
when he finds the work acceptable under the Contract and the Contract fully
performed, he will promptly issue a final certificate, over his own signature,
stating that the work required by this Contract has been completed and is
accepted by him under the terms and conditions thereof, and the entire
balance found to be due the Contractor, including the retained percentage,
shall be paid to the Contractor by the Owner within 15 days after the date of
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
said final certificate.
(B) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of
all claims by the Owner, other than those arising from unsettled liens, from
faulty work appearing within 12 months after final payment, from
requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the Contractor except those
previously made and still unsettled.
(0) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer, and without
terminating the Contract, make payment of the balance due for that portion of
the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
(Continued Next Page)
AGREEMENT
00135-3
AGREEMENT
00135-4
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
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.
AUGUSTA, GEORGIA
(SEAL)
~BY:
~
~~~~
As its ayor
~l
_ I rK
~ I tt-'o l",} '1iJ.UAffJ,
Witness
(SEAL)
CONTRACTOR:
1S~JCD^6-hLlc..-t~b.J ~ou,o,. LLe.
,
By: Q-k eJ
As its: r?fe.:>i d.t ~
ATTEST:
S;]; <J d
Witness
_r.o. -g~~ 1~6&,
,-5~LJ~nr1~. 6-4.3/4-0"2-
Add ress
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
15 ~~ ~.5 t)<i);:; 3
SECTION 00140 - PERFORMANCE BOND
THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE
OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That-BR.W Cc~s\C2-Uc..T\ON G(2.o~f LLc.. ,as Principal, hereinafter
called Contractor, and AM\2.a...l~ ~ So v-n, E (Lr-J \ \ ~;,0 ~N c.E: c.. Dt'\P~a corporation
organized and existing under the laws of the State ,of _K AN oS AS, With its principal
office in the City of A T LA. N "' A ; State of G- GO {?"'G- \ A , as Surety, hereinafter
called Surety, are held and firmly bound unto Augusta-Richmond Countv Commission, as
(:,,;u~ \o\.U.vt:>ll.eo '1""~n{_TWci't"'\<."lSu&Qi..J.!:)
Obligee hereinafter called Owner, in the penal amountFDc.Jra. 'rl,u,,",l)I2kl'O SevE.N'nIj.S 1)( Dollars
($ y 5~ I Y'1(."O~) for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents for the faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated entered into
a contract with the Owner for Samplers for Industrial Customers , in
accordance with the drawings and specifications issued by Stevenson & Palmer
Engineering, .Inc., which contract is by reference made a part hereof, and is hereinafter
referred to as the Contract.
~ ,
NOW, THEREFORE, the condition of this obligation is such that if the Contractor -shall
promptly faithfully perform the Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the
Owner.
Whenever the Contractor shall be, and declared by the Owner to be in default under the
Contract, the Owner having performed the Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
1 . Complete the Contract in accordance with the terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with the
terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and Owner, and make available as Work I
progresses (even though there should be a default or a succession of I
defaults under the Contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price; but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price" as used in this
PERFORMANCE BOND
00140-1
Signed and sealed this
B#1
day of /J1 a/l/H
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0~;;;U?~S:: ~,^M~'j I
Surety
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AD.200:l.
S&P Project No, G 124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
paragraph, shall mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less the amount properly
paid by the Owner to the Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the
date on which the final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any persons or corporation
other than the Owner named herein or the heirs, executors, administrators or successors
of the Owner.
Witness
'-yY)~ d.jJ~ '-fYI. ~~
- """
OJ ~-ccL
Contractor
(Seal)
Attest
Witness
- '
/;/ClL/A/lA l, ~
-
LzM;J5L,-
,
A TTO fL(>J c:. v.. \ tJ r- A c... T
(Titte)
(Seal)
Witness
Note: Date of Bond must be prior to date of Contract. If Contractor is partnership, all
partners should execute bond.
END OF SECTION 00140
PERFORMANCE BOND
00140-2
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
Ph-~ P- (lJ<t1'/
SECTION 00145 - LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE
OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That 'B(i?.w CO~~Te.UCT\O,..J (;.a..00f'. LLC- as Principal, hereinafter
called Contractor and AMEa.\e..t'\N 50UTkEta..,..:) \I'o-l 5.u/2...A"'CE: CoMPA-~ , a corporation
organized and existing under the laws of the State of KAr-JSA5. , wi its principal
office in the City of ATLANTA , State of G~o 12..G-1 A J as Surety, hereinafter
called Surety, are held and firmly bound unto Augusta-Richmond County Commission, as
Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow
. , FouR- H0"'b(2.~O F\PTU,--n.10 TH00SA,JD
defined In the amount of Fa..; ia. \-(..., N \,)Q..E: D .5E.\I'E. tJ~- S 1:J/.. Dollars
($ Lf 5d. ) 4 1 L,. ~~) for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Contractor has by said written agreement dated entered
into a contract with Owner for Samplers for Industrial Customers, in accordance with
drawings and specifications issued by Stevenson & Palmer Engineering, Inc., which
contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall
promptly make payment to all claimants as hereinafter defined, for all labor and materials
used or as reasonably required to use in the performance of the Contract, then this
obligation shall be null and void; otherwise it shall remain in full force and effect subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Contractor or
with a subcontractor for labor, material, or both, used or reasonably
required for use in the performance of the Contract, labor and material
being construed as to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service, or rental of equipment directly applicable to the
Contract.
2. The above named Contractor and Surety hereby jointly and severally agree
with the Owner that every claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety days after the day on
which the last of such claimant's work or labor was done or performed, or
materials was furnished by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums
as may be justly due claimant, and have execution thereon. The Owner ,
shall not be liable for the payment of any costs or expenses of any such
suit.
LABOR AND MATERIAL PAYMENT BOND
00145-1
LABOR AND MATERIAL PAYMENT BOND
00145-2
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having direct contact with the
Contractor, shall have given written notice to any two of the
following: The Contractor, the Owner, or the Surety above named,
within ninety (90) days after such claimant did or performed the last
of the work or labor, or furnished the last of the materials for which
said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office regularly
maintained for the transaction of business, or served in any manner
in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be
made by a public officer.
(b) After the expiration of one (1) year following the date on which
Contractor ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by
any law controlling the construction hereof, such limitation shall be
deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the project,
or any part thereof, is situated, or in the United States District Court
for the district in which the project, or any part thereof, is situated,
and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment
or payments made in good faith hereunder, inclusive of the payment by Surety
of mechanics' liens which may be filed of record against said improvement,
whether or not claim for the amount of such lien be presented under and
against this bond.
(Continued Next Page)
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,
S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
Signed and sealed this
6!h
A.D.200S:.
day of /11a~~
Witness
'fYl.I-{l7YJ. /!J(
Q-a.-, I< g~ (Seal)
Contractor
frtft~/ tb,p-r -I (Seal)
(Title) ,
ArVH~.IV c..A IV So Ll'1\-( l2: IC.-,J i'" S U (2..A N c...<;
~ ./J#~(Seal).
Surety . -
ATTOt<-i\J e-~ \ N rAC\" (Seal)
(Ti e)
GO M p"",0 j
Attest
Witness
~ ~:U~
/.;~ b.Ll
~
Witness
Note: Date of Bond must be prior to date of Contract. If Contractor is partnership, all
partners should execute bond.
END OF SECTION 00145
LABOR AND MATERIAL PAYMENT BOND
00145-3
.' - \
r
t'
AMERICAN SOUTHERN INSURANCE COMPANY
Home Office: 200 S. W. 30th Street
Topeka, Kansas 66611
Mailing Address: 3715 Northside Pkwy, NW
Bldg 400, Ste 800
Atlanta, Georgia 30327
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the American Southern Insurance Company had made, constituted and
appointed, and by these presents does make, constitute and appoint Scott E.. Stoltzner of Hoover, Alabama; Arthur S.
Johnson of Atlanta, Georgia; Lenora N. Cape of Gainesville, Georgia; Mary F, Holland of Chamblee, Georgia; or
Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorney for it and its name, place and stead to
execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all
obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in
amount of the sum of $750,000 (seven hundred fifty thousand dollars),
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the
following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of
the American Southern Insurance Company on the 26th day of May, 1998:
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of
them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of
Attorney to execute in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of
suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized
to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any
such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate
bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and
in the future, with respect to any bond undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the American Southern Insurance Company has caused its official seal to be hereto
affixed, and these presents to be signed by its President and attested by its Secretary this 29th day of
Januarv , 2004.
Attest:
/') -,
Co/ "//I'~'
~~?i,,-.l't/L ~'
Gall A. Lee, Secretary
American Southern Insurance Company
By:
~
Scott G. Thom
STATE OF GEORGIA
55:
COUNTY OF FULTON
COUNTY OF FULTON
'~I\".~."~'"
On this ~ da~ of ,Januarv ,.2004, before me personally came Scott G, Thompson to me known, who ~eing bY{~#~\lJY;~~m;~4i.,ll
depose and say that he reSides In Atlanta, In the County of Fulton, State of Georgia, at 421 Hollydale Court; that he IS the l'1'reSlden!pf Amerw~->if...
Southem Insurance Company, the corporation described in and which executed the above instrument; that he knows the sea!:'6f~_s~id corporatiOij;</i<<..
that the seal affixed to the said instrument is such corporate seal; that it was ~o ffixed and thatAhe signed his namer.the~ro P\1fs~~tro dVi:C;, .~.\
l1J ~ '" , ~" -('r.-"''-''''
authorization. .... . :;.' ~I "'..~.~.~
, ~ i ""'- 1 ....~: ;. :;
Lori M. Pullen ~ ~1 ~ '''n.~ '. ,,::" !t
Notary Public, State of Georgia :~. t., ,\'') \,rJ,3J . d'I'>.. ..f-
Q Iifi d' C bb C ty ... ,,\) " . ,. -. ~~.
ua e In 0 aun '-'.J. . .) l. \'\. ,,/r '. ~......' ...,:.,/
Commission Expires September 7, 2006 \} l?')"d:-'-:":o\ \V? ,)l-
.0.,:...4" 1-'\. -;.Io-.e.+.
~~!;"~"i1.~,,,1
I, the undersigned, a Vice President of American Southem Insurance Company, a Kansas Corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attomey remains in full force and has not been revoked; and, furthermore, that the Resolution of the Executive
Committee of the Board of Directors set forth in the Power of Attorney is now in force,
SS:
STATE OF GEORGIA
Signed and sealed at the City of Atlanta, Dated the _day of
Number
4267
~
John ,Huot
Vice President
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
SECTION 00150 - CERTIFICATE OF OWNER'S ATIORNEY
I, the undersigned , the authorized and acting
legal representative of Augusta-Richmond County Commission, do hereby certify as
follows:
I have examined the attached Contract(s) and Surety bonds and the
manner of execution thereof, and I am of the opinion that each of the
aforesaid agreements has been duly executed by the proper parties thereto
acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements
on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties
executing the same in accordance with the terms, conditions and provisions
thereof.
(Signature)
(Date)
END OF SECTION 00150
CERTIFICATE OF OWNER'S ATIORNEY
00150-1
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S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 00155 - NOTICE TO PROCEED
TO: Date:
Project: Samplers for Industrial Customers
Augusta, Georgia
You are hereby notified to commence work in accordance with the Agreement dated
, 200_, within ten (10) calendar days following this date, the date first
written above, and you are to complete the work within One Hundred Eighty (180)
consecutive calendar days after the date of this notice. The date set for completion of all
work is therefor , 200_
By:
Title:
Acceptance of Notice
Receipt of the above Notice to Proceed
is hereby acknowledged and the same is
hereby accepted on this day
of , 200_
By:
Title:
END OF SECTION 00155
NOTICE TO PROCEED
00155-1
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 00160 - AFFIDAVIT OF PAYMENT OF CLAIMS
(CONTRACTOR), THIS
DAY appeared before me, I A
Notary Public, in and for , and being by me
first duly sworn states that all subcontractors and suppliers of labor and materials have
been paid all sums due them to date for work performed or material furnished in the
performance of the contract between:
and
dated
(OWNER)
(CONTRACTOR) ,
, 200_, for:
Samplers for Industrial Customers
CONTRACTOR:
BY:
TITLE:
DATE:
SEAL OF CONTRACTOR
(If A Corporation)
Subscribed and sworn to before
day of , 200 _'
My commission expires on the _day of
200_
NOTARY PUBLIC
(NOTARY SEAL)
AFFIDAVIT OF PAYMENT OF CLAIMS
00160-1
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S&P Project No. G 124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 00170 - CERTIFICATE OF INSURANCE
This is to certify that
(Insurance Company)
of
(Address of Insurance Company)
has issued policies of insurance, as identified by a policy number to the insured name
below, and that such policies are in full force and effect at this time. Furthermore, this is
to certify that these policies meet the requirements described in the Special Conditions of
this contract; and it's agreed that none of these policies will be canceled or changed so as
to affect this Certificate until ten (10) days after written notice of such cancellation or
change has been delivered to (Client & Client Address):
1. INSURED:
2. ADDRESS:
3, PROJECT NAME:
4. PROJECT NUMBER:
5. POLICY NUMBER(S):
(CONTRACTOR)
DATE:
(INSURANCE COMPANY)
ISSUED AT:
AUTHORIZED REPRESENTATIVE:
ADDRESS:
CERTIFICATE OF INSURANCE
00170-1
S&P Project No, G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
NOTE: Please attach Certificate of Insurance form to this page.
CERTIFICATE OF INSURANCE
00170-2
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Revision Date
August 2001
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 are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to
be performed,
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and
its Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or
the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain 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 Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in
the Agreement (subject to the provisions of paragraph 11.9,1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees,
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. legal Holidays: New Year's Day, Martin Luther King ,
Day, Memorial Day, 4th of July, labor Day, Veterans Day, Thanksgiving Day and the following Friday, and ,
Christmas Day,
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
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deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWN ER at Substantial Completion (in accordance with paragraph 14,8 or 14,10),
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Drawings-The drawings which show the character and scope of the Work to be performed and which have been
prepared or approved by PROFESSIONAL and are referred to in the Contract Documents,
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time,
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Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia,
General Requirements-Sections of Division I of the Specifications,
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Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-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 Agreement.
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Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing
the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform
CONTRACTOR'S obligations under the Contract Documents.
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OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission,
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Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related
purpose) before reaching Substantial Completion for all the Work,
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PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work.
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PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER
who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program.
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Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part, as indicated elsewhere in the Contract Documents,
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Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be
constructed in whole or in part under this Contract.
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Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in
charge the work embraced in this Contract.
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Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER
who is assigned to the site or any part thereof,
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
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Revision Date
August 2001
or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules,
performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by
CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site,
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion
of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be
used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due
in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as
applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents,
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22, A Work Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the I
change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time
as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR i
on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical
rather than strictly Work-related aspects of the Contract Documents.
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ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2,1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract
Documents.
Copies of Documents:
2.2. After the award of the Contract, OWN ER shall furnish CONTRACTOR, at no cost, one (1) complete
set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings
and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon
CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for
printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2,3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4, CONTRACTOR shall begin the Work on the date the Contract Time commences, No Work shall be
done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior
to date on which Contract Time commences shall be at the sole risk of CONTRACTOR,
Before Starting Construction:
2.5, Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be
liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if
CONTRACTOR knew or reasonably should have known thereof,
2,6, Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6,1 , an estimated progress schedule indicating the starting and completion dates of the various stages
of the Work:
2.6,2. a preliminary schedule of Shop Drawing and Sample submissions, and
2,6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction, Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the
time of submission,
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2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8, Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties
as to the Work and to discuss the schedules referred to in 2,6 as well as procedures for handling Shop
Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2,9. At least ten days before submission of the first Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules
submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calerdar days to
make corrections and adjustments and to complete and resubmit the schedules, No progress payment shall be
made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as
provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as
providing an orderly progression of the Work to completion within any specified Milestones and the Contract
Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor: The finalized
schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as
providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of
values shall be approved by PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule, Schedule updates shall include progression of work as
compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
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Intent:
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3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if
called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia.
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3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3,7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the
provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or
instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions
of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the
provisions of the Contract Documents would result in violation of such Law or Regulation), Clarifications and
interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4,
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3,2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be supplied whether or not specifically called for, When words or
phrases which have a well-known technical or construction industry or trade meaning are used to describe Work,
materials or equipment, such words shall be interpreted in accordance with that meaning,
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3.4, Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or
by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the
time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be
otherwise specifically stated in the Contract Documents.
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3.5, If, during the performance of the Work, CONTRACTOR discovers any conflict I error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any such
Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or
code or of any instruction of any Supplier referred to in 6,7, CONTRACTOR shall so report to PROFESSIONAL
in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation
or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or
PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof,
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3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in one or more of the following ways:
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Amending and Supplementing Contract Documents:
3,6.3, a Work Change Directive (pursuant to paragraph 10.4),
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3,6,1, a formal Written Amendment,
3.6,2. a Change Order (pursuant to paragraph 10,3), or
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Revision Dat.e
August 2001
As indicated in paragraphs 11 ,2 and 12.1 , Contract Price and Contract Time may only be changed by a Change
Order or a Written Amendment.
3,7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3.7,1. a Field Order (pursuant to paragraph 9,5),
3,7.2, PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4),
Reuse of documents: .
3,8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
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A vailability of Lands:
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4,1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work isto
be performed, rights-of-way and easements for access thereto, and such other lands which are designated for
the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne
by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of
any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing
these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles
11 and 12, The CONTRACTOR shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
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4,2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of
those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been
utilized in preparing the Contract Documents,
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4,2,2, CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAl's Consultants with respect to:
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4.2,2,1, the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto, or
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4,2.2,2, other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
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4,2,2.3, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such
data, interpretations, opinions or information.
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4,2,3, If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents
or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character provided for in the Contract
Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and
in no event later than 48 hours after first observance of the conditions.
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4,2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ
materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of
any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the
Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at
the Site are not materially different from those indicated in the Contract Documents or are not materially different
from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL
shall notify CONTRACTOR of the determination in writing, The Work shall be performed after direction is
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Revision Date
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. provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4,3,1, Shown or Indicated: The information and data shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished
to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others, Unless it is
otherwise expressly provided in the Supplementary Conditions:
4,3.1.1, OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4,3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such
Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20
and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having
been included in the Contract Price.
4,3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine
the extent to which the Contract Documents should be modified to reflect and document the consequences of
the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the
extent necessary, During such time, CONTRACTOR shall be responsible for the safety and protection of such
Underground Facility as provided in paragraph 6,20. CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence
of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as
to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in
PROFESSIONAl's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL ,
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points '
by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4,5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or
identified in the Contract Documents to be within the scope of the Work and which may present a substantial
danger to persons or property exposed thereto in connection with the Work at the site, OWN ER shall not be
responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone
else for whom CONTRACTOR is responsible,
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4,6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and
in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous
condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection
with such hazardous condition or in any such affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special
conditions under which such Work may be resumed safely, If OWNER and CONTRACTOR cannot agree as to
entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of
such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed,
either party may make a claim therefor as provided in Articles 11 and 12,
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4,7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions,
then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or
in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to
entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12,
OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in
accordance with Article 7.
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4,7,1 The provisions of 4.2 and 4,3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the site.
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Revision Date
August 2001
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5,1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to
the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under
the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final
payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions, All
Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by
such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2,1 All bonds and insurance required by the Contract Documents to be purchased and maintained by
CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the
State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed
by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies
shall also meet such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
5.2,2, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5,3,
an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance
(and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR
is required to purchase and maintain in accordance with 5.3,
5,2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to OWNER,
CONTRACTOR's Liability Insurance:
5.3, CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or
furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to I
perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee
benefit acts;
5.3,2. Claims for damages because of bodily injury, occupational sickness or disease, or death of I
CONTRACTOR's employees;
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5.3,3, Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5,3.7, 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.
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5.3,5, Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom;
5,3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
The insurance required by this paragraph 5,3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance, All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER,
PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until
final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing
defective Work in accordance with paragraph 13,12. In addition, CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment and furnish OWN ER with evidence of continuation
of such insurance at final payment and one year thereafter,
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5.4, The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6,32 and 6.33,
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Contractual Liability Insurance:
OWNER's Liability Insurance:
5,5, OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
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Property Insurance:
5,6, Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain
property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible
amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This
insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER,
PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or
additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk"
insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water
damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages,
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Revision Dote
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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 PROFESSIONALs, architects, attorneys
and other PROFESSIONALs), If not covered under the "all risk" insurance or otherwise provided in the
Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such portions of the Work are to be included in an
Application for Payment.
5,7, 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, PROFESSIONAL AND PROFESSIONAL's consultants
in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased
and maintained by OWNER in accordance with paragraphs 5.6 and 5,7 will contain a provision or endorsement
that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days
prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in
accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect
the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts
that are provided in the Supplementary Conditions. The risk of loss within the deductible amountwill be borne by
CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance
coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense,
5.10, If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured
by OWNER,
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5,7
and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors,
PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for
losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and
a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR,
PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above
waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by
OWNER as trustee or otherwise payable under any policy so issued.
5,11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5,6 and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby, Accordingly, all such policies shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as i
insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are I
required of any Subcontractor, CONTRACTOR will obtain the same.
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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 requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a
separate account any money so received and shall distribute it in accordance with such agreement as the
parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an
appropriate Change Order or Written Amendment.
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5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise
of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in
accordance with such agreement as the parties in interest may reach. If required in writing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance
of such duties.
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Receipt and Application of Insurance Proceeds
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Acceptance of Insurance:
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5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the
basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof
within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If
CONTRACTOR 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 basis of
their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within
ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7.
OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance
provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such
notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other
as complying with the Contract Documents.
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5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupan,cy.
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Partial Utilization-Property Insurance:
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Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such
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liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or
death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is
caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is
caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyore for
whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be
limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of
others in the design or specification of a specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
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6.2. 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 PROFESSIONAL except under
extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall
have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding
as if given to CONTRACTOR.
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Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
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6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities
and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and
completion of the Work as required by the Contract Documents.
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6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
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6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the
instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision
of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants,
agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or
any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15.
Adjusting Progress Schedule:
Substitutes or "Or-Equal" Items:
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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 permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or
equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will
include the following as supplemented in the General Requirements. Requests for review of substitute items of
material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If
CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make
written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the results called for by the general design, be similar and of
equal substance to that specified and be suited to the same use as that specified. The application will state that
the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or 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 royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other
contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating
the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense,
additional data about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General
Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or
utilized without PROFESSIONAL's prior written acceptance which will be evdenced by either a Change Order or
an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a
special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time
required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by
CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not
PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of
PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization i
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially I
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR I
shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform
any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other
persons or organizations including those who are to furnish the principal items of materials and equipment to be
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submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and
PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary
Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or byfailing to make written objection
thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents)
of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of
reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable
substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution
and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or
PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver
of any right of OWNER or PROFESSIONAL to reject defective Work.
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6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of
the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the
payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may
otherwise be required by Laws and Regulations.
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6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
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6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and
contains waiver provisions as required by paragraph 5.11 . CONTRACTOR shall pay each Subcontractor a just
share of any insurance moneys received by CONTRACTOR on account of losses under poicies issued pursuant
to paragraphs 5.6 and 5.7.
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Patent Fees and Royalties:
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6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use h
the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs
arising out of any infringement on patent rights 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 device not specified
in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such
rights.
Permits:
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6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges
and inspection fees, and all public utility charges which are applicable and necessary for the execution of the
Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by
OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be
considered for time extensions only and no damages or additional compensation for delay will be allowed.
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Laws and Regulations:
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6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are oontradictory to such laws,
rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then
be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should
have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the
Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipl1ent, the storage of materials and equipment and
the operations of workers to the Project site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements.
CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials
or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of
CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to
the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of
the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant
because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party
by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent
permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims,
damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys
and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim
arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition
all property not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall 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 them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
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Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment
or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement
in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for
the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property
and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury
or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part,
by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly
employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them
or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has
issued a notice to OWN ER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is
acceptable (except as otherwise expressly provided in connection with Substantial Completion).
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6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise
, designated in writing by CONTRACTOR to the Project Manager.
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL orOWNER,
is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL
prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the
Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract
Documents is required because of the action taken in response to an emergency, a Work Change Directive or
Change Order be issued to document the consequences of the changes or variations.
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6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any
person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a
written report on such person(s) and any other event resulting in property damage of any amount within five (5)
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days of the occurrence.
6.22.2. -If PROFESSIONAL determines that a change in the Contract Documents is required because of
the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown
on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other
information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each
submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample
may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate approval
of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL andOWNER. Any
delays associated with the submittal process will be considered for time extensions only, and no damages or
additional compensation for delay will be allowed.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and
verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog
numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with
other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the
Project and for compliance with the information given in the Contract Documents and shall not extend to means,
methods, techniques, sequences or procedures of construction (except where a specific means, method, I
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 I
indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
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responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in
writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER
has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve
CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop
drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior
to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
6.30. 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 pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree
in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required, At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the
site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees
from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not
limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other
PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work,
provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction 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 organization directly or indirectly employed by any of them to perform or furnish
any of the Work Or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their
consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in
any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
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6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---0THER WORK
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Related Work at Site:
7.1. OWN ER may perform other work related to the Project at the site by OWN ER's own forces, have
other work performed by aided OWNERs 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, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if
CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
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7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR
shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together
properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will only cut or alter their work with the written consent of
PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR
under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are
comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such
utility OWNERs and other contractors.
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7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any
such other contractor or utility OWNER (or OWNER). CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
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Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities
will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions,
neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications
to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance
are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the Work
is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's
efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will
conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and
qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work
and will endeavor to guard OWNER against defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance ofthe 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 designates another agent to represent OWNER at the site who is not
PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested
by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in
the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract
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 parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes
to be defective and will also have authority to require special inspection or testing of the Work as provided in
paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
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9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc.,
see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary
determinations on such matters before rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, eitherOWNER
or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability
of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance
and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or
Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in
accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written
notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the
other party 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 PROFESSIONAL and the other party within
sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more I
accurate data in support of the claim. .
9.12. When functioning as interpreter and judge under paragraphs 9.1 0 and 9.11, PROFESSIONAL will
not show partiality to OWN ER or CONTRACTOR and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to
paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been
waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
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matter.
Limitations on PROFESSIONAL 's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not
be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as
provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract
Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3. OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to
be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may
submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully
perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price.
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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 delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after
the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct,
indirect and consequential) 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 PROFESSIONAL in accordance with paragraph 9.11
if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in
the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
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11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
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11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
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11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined
in these Contract Documents, is required and affects the quantities required for items designed in the Bid
Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required
to complete the Work as defined in the Contract Documents.
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11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work
is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of
increase or decrease in the lump sum price shall be established by mutual agreement of the parties.
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11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a
price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with
11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in
accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order.
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within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to
OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities
shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan
or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent
authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same
manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the
Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11 .4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, 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
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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
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or
parts shall cease when the use thereof is no longer necessary for the Work.
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11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or 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.
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11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to
the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the
Work (except losses and damages within the deductible amounts of property insurance established by OWNER
in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable. Such losses shall include settlements made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of
determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that
stated in paragraph 11.6.2.
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11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
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11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
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11.5. The term Cost of the Work shall not include any of the following:
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11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships). general managers, engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed
by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in
paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative
costs covered by CONTRACTOR's Fee.
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11.5.2. Expenses of CONTRACTOR's principal area branch offices other thcn CONTRACTOR's office
at the site.
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used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage
to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.3,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.6.2.4. the amount of credit to be allowed by CONTRACTOR toOWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in 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
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount
of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in
cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the
applicable reduction in overhead and profit. When both additions and credits are involved in any change, the
combined overhead and profit shall be calculated on the basis of the net change, whether an increase or
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Cash Allowances:
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decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade
with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of
equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead
and profit markup.
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 PROFESSIONAL
CONTRACTOR agrees that:
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11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
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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 allowances. No demand for additional payment on account of any thereof will be valid.
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Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
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Unit Price Work:
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11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each
item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and
are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by
PROFESSIONAL in accordance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
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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, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of
any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the
Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar
days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to
PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER
allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set
forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond
CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by
any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes,
fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR
using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time
shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall
be entitled to an extension of time for such causes only for the number of days of delay which OWNER may
determine to be due solely to such causes and only to the extent such occurrences actually delay the completion
of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract
Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no
interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or
completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may
be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to
damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against
OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the
right to seek an extension to the Contract Time in accordance with the procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees toOWNER that all materials and equipment will be new
unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free
from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections,
tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming
to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building,
construction and safety requirements shall be considered defective. Notice of all defects shall be given to
CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or
accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given
access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work
and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other
inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per
week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away
from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing,
or approval. All such tests will be in accordance with the methods prescribed by the American Society for
Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public
body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by
PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
acted with reasonable promptness in response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior
written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the
Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and
replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees
and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). and OWNER shall be
entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment
or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR
to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the
Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR
or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract
Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost toOWNER and
as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed,
or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such I
defective Work or remove and replace such defective Work within a reasonable time, as specified in a written
notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such
correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will
also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the I
correction, removal, or replacement of the defective Work.
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13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the
defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal
and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR.
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One Year Correction Period:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and,
prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER
may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL
as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys
and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the
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.
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Acceptance of Defective Work:
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OWNER May Correct Defective Work:
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13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract
Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER
may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to
complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere. CONTRACTOR shall allowOWNER, OWNER's representatives, agents and employees such
access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this
paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be
charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, 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 parties are
unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such
direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of
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others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of
the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specific corrective actions including, but not limited to, employing additional workmen
and/or equipment, and working extended hours and additional days, all at no cost to OWN ER in order to put the
Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action,
OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the
Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR.
A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an
appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such
amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedue, all costs to
OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
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Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will
be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final
payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as
stipulated in the Agreement.
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CONTRACTOR's Warranty of Title:
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14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the
time of payment free and clear of all Liens.
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment,
either indicate in writing a recommendation of payment and present the application to OWNER, or return the
application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend
payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application.
OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with
PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended.
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Review of Applications for Progress Payment:
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14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will
constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations
of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's
review of the Application for Payment and the accompanying data and schedules, that the Work has progressed
to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10,
and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of
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the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be
deemed to have represented that exhaustive or continuous on-site inspections have been made to check the
quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the
Contract Documents or that there may not be other matters or issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as
may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against
the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to
PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall
notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of
Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL
shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con-
sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and I
deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before
final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make I
written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering
such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will,
within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing
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stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the
Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver toOWNER and
CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes
justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of
Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation
as to division of responsibilities pending final payment between 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 PROFESSIONAL prior to PROFESSIONAL's issuing
the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items
on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance ofthe
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is
substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part
of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in
writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and 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
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CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER
shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other
related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof
is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi:;iencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIOOAL
and OWNER and delivered in accordance with the Contract Documents all maintenance and operating
instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2,
certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments. The final Application for Payment
shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract
Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to
final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens
arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved
by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the
releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii)
all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or
OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor
or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral
satisfactory to OWNER to indemnify OWNER against any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and ,
PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor,
laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be
made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him.
CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and
PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer
services in connection with this project.
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14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work
required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation
as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and
CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will,
within ten (10) working days after receipt of the final Application for Payment, indicate in writing
PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the
same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PffiFESSIONAL
will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if
PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment
and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance
due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER
for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have
been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for
that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL
with the application for such payment. Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or final payment by
PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment
by 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 PROFESSIONAL pursuant to paragraph 14.13, nor any correction
of defective Work by OWNER will constitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
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unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's
continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously.made in
writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL 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 adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in
Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar
action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the
bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or
under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or for the purpose of general administration of such property for the
benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu-
ments,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the
extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR
from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction
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equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct,
indirect and consequential costs of completing the Work (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such
excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph, OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the means
for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may,
without cause and without prejudice to any other right or remedy of OWN ER, elect to terminate the Contract. In
such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shalf not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated byOWNER, 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 i
liability.
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to
act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to
pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days
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written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such
suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same
terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or
remedy, if PROFESSIONAL has failed to act on an Application for Payment wtthin thirty days after it is submitted
or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally
determined to be due, CONTRACTOR may upon seven days' written notice toOWNER and PROFESSIONAL
stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The
provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11
and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly
attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph
shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with
the progress schedule and without delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR toOWNER for decision. All papers pertaining to
claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the
facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the
meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time
limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing
character and notice of the claim is not given within ten (10) working days of its commencement, the claim will
be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice
thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or
certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising
out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage
prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. 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 Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted
from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any
error, omission or act of the other party or of any of the other party's employees or agents or others for whose
acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of
the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a
substitute for or a waiver of the provisions of any applicable statute of limitations or repose.
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17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the
rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions
of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular duty, obligation, right and remedy to which they
apply. All representations, warranties and guarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum offive
(5) years from the date of final completion or termination of this Contract. OWN ER shall have the right to audit,
inspect, and copy all such records and documentation as often as OWNER deems necessary during the period
of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted
only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy
of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records
and supporting documentation.
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17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions
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of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract
Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents
shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to 'the Contract Documents and CONTRACTOR
specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters
of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan
will include a list of key personnel with 24-hour contact information who will respond during an elT1ergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes
to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to
implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency. Management Agency if
appropriate,
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17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department
will undertake necessary actions to abate an overflow situation. The cost of these actions will be the
responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL,360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any
way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not
relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not
limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating
and completing all portions of the construction work in accordance with the construction Contract Documents
and any health and safety precautions required by such construction work. \
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety
deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
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The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
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For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the
construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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S&P Project No. G124-01-0B
Samplers-rortndustriareustOlII~r :;
Augusta Utilities Department Project #70450
SECTION 01002 - SPECIAL CONDITIONS
1.01 SCOPE OF THE WORK:
A. The work to be done consists of providing all plant, labor, fixtures, equipment,
materials and supplies and performing all operations in full compliance with
the Plans and Specifications and including the placing of the entire project
into satisfactory operation.
B. The work includes the installation of owner-provided equipment as set forth in
the Equipment Schedule (Sheet C01 of the plans.) Owner-provided
equipment includes (9) refrigerated samplers, (14) ultrasonic flowmeters, and
(1) bubbler flow meter. The contractor will provide (1) 1 % inch and (1) 3 inch
magmeter under this contract, as well as other plant, materials, and
equipment necessary to accomplish the work. Specific contractor furnished
equipment is listed on Sheet C01 of the Plans.
Startup of both owner-provided and contractor-provided equipment will be
performed by an authorized technical representative of the equipment
manufacturer. The cost of startup services will be responsibility of the
contractor.
1.02 GENERAL CONDITIONS:
A. The General Conditions of the Construction Contract shall apply to all work in
this Contract except as otherwise specified in these Special Conditions.
Requirements of these Special Conditions supersede those of the General
Conditions.
1.03 COMMENCEMENT AND COMPLETION:
A. The Contractor shall agree to commence work under this contract within ten
(10) calendar days after the Notice to Proceed is issued, and shall complete all
work within the number of calendar days indicated in the Agreement after the
10-day period. The contract time includes allowances for normal amounts of
inclement weather. Extensions of time shall be granted only because of
abnormal weather conditions or other conditions outlined in Article 12 of the
General Conditions. All requests for time extension shall be made in writing to
the Engineer not more than fifteen (15) days after the occurrence of the delay.
Otherwise, no extension will be granted during the life of the contract for such
delay.
B. If the Contractor fails to prosecute the work with such diligence as will insure
the completion of each portion of the work within the time shown on the above
schedule, plus any extensions made in accordance with the General
Conditions; and if the Owner does not exercise his reservations as set forth in
the General Conditions, the Contractor shall continue the work, in which event
the actual damages for the delay will be impossible to determine and in lieu
SPECIAL CONDITIONS/Rev. 11/02
01002-1
SPECIAL CONDITIONS/Rev. 11/02
01002-2
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
thereof the Contractor shall pay to the Owner as fixed, agrees and liquidated
damages for each calendar day of delay until the work is completed or
accepted.
1.04 CONTRACTORS INSURANCE
A. Liability. The Contractor shall maintain such insurance as will protect him from
claims under workmen's compensation acts and from any other claims for
damages to property, and for personal injury, including death, which may arise
from operations under this contract, whether such operations be by himself or
by any sub-contractor or anyone directly or indirectly employed by either of
them. Certificates of such insurance shall be filed with the Owner, and shall be
subject to his approval for adequacy of protection. The Contractor shall be
responsible for providing adequate limits of insurance when working within
property owned by railroads, as established by such railroad company.
B. Indemnity. The Contractor shall indemnify and save harmless, the Owner from
and against all losses and all claims, demands, payment, suits, actions,
recoveries, and judgments of every nature and description brought or
recovered against him by reason of any act or omission of the said Contractor,
his agents or employees, in execution of the work or in the guarding of it.
*The limits of insurance are as follows:
Comprehensive General Liability - ......................$1 ,000,000 per occurrence; $2,000,000
policy covering bodily injury and property damage including premises, operations,
products, and completed operations aggregate
Automobile Liability - policy covering injury and property damage $1,000,000
Umbrella Policy______________uu______________...$1 ,000,000
Builders Risku_________u_.____.....h____________.$Amount of Contract
*Contractors Liability Insurance shall be effective for the duration of the work as
described in the contract documents, including authorized change orders, plus any
period of guarantee.
1.05 PLANS:
Following are the Plans which form a part of this Contract:
Sheet No. Title
coo Cover Sheet
C01 Drawing & Site Improvement Schedule
CO2 Location Map
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Sheet No. Title
C03 Augusta Bottling Company (Omitted)
C04 Castleberry Food Company
C05 EKA Company
C06 International Flavors and Fragrances
C07 Kendall Company
C08 Shapiro Packing Company
C09 Solvay Advanced Polymers, Site No.1
C10 Solvay Advanced Polymers, Site NO.2
C11 Waste Research and Recovery
C12 AC Industries
C13 Avondale-Sibley Mill
C14 Florida Rock and Tank Lines, Inc.
C15 President Baking Company
C16 Quala Wash
C17 Spuds, Inc.
C18 Standard Textiles
C19 Sweetheart Cups -
C20 Dennis Road (Rev. 11/02)
C21 Cannongate Drive
C22 Pleasant Home Road
C23 Ravenwood Drive
C24 Wal-Mart @Bobby Jones Expressway
C25 Typical Flow Meter Installation Details
C26 Typical Flow Meter Installation Details
C27 6" Flume and Manhole Installation Details
C28 8" Flume and Manhole Installation Details
C29 10" Flume and Installation Details
C30 15" Flume and Installation Details
C31 Sampler Enclosure Details
1.06 CONTRACTOR'S REQUEST FOR PARTIAL PAYMENT:
A. To expedite the approval of requests for partial payment, the Contractor shall
submit with his request the following information:
. a) A coPY of the Progress Schedule marked to indicate the work actually
accomplished.
b) An itemized list of materials stored for which payment is being claimed. This
list shall be accompanied by the suppliers' invoices indicating the materials
costs. Payment for materials stored shall be subject to the same retainage
provisions as for work completed.
SPECIAL CONDITIONS/Rev. 11/02,4/03
01002-3
SPECIAL CONDITIONS/Rev. 11/02,4/03
01002-4
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c) An outline of time lost because of any event qiving rise to a request for an
extension of contract time.
1.07 CONSTRUCTION DOCUMENTS:
A. The Bidder to whom the contract is awarded will be provided a total of six (6)
extra sets of project drawings and specifications at no cost to the Contractor.
All requested additional sets will be provided and the Contractor billed for the
actual costs of printing and mailing.
B. The Contractor shall keep one (1) record copy of all Specifications, Drawings,
Addenda, Modifications and Shop Drawings at the site, in good order and
annotated to show all changes made during the construction process. These
shall be available to the Engineer and shall be delivered to him for the Owner
upon completion of the Project.
C. At the completion of the project and before final payment is made by the
Owner, the Contractor shall furnish the Engineer a clean and accurate set of
record drawings that will include the location of all valves, piping, structures and
equipment installed. Final payment will not be made until the quantities and
items of work have been completed and accepted by the Engineer and Owner.
1.08 "OR EQUAL" CLAUSE:
A. Although the plans and specifications made reference to particular
manufacturers and model numbers for various products, such reference is
made only to establish function and quality of such products. If it is desired to
use materials or equipment of trade names or of manufacturer's names which
are different from those mentioned in the contract documents, application for
the approval of the use of the specified materials or the specified items of
equipment as manufactured by firms other than those named in the Contract
Documents, must reach the hands of the Engineer at least ten (10) days prior
to the date set for the opening of bids. The burden of proving equivalent of a
proposed substitute to an item designated by trade name or by manufacturer's
name in the Contract Document rests on the party submitting the request for
approval. The written application for approval of a proposed substitute must be
accompanied by technical data which the party requesting approval desires to
submit in support of his application. The Engineer will give consideration to
reports from reputable independent testing laboratories, verified experience
records showing the reputation of the proposed product with previous users, or
any other written information that is reasonable in the circumstances. The
application to the Engineer for approval of a proposed substitute must be
accompanied by a schedule setting forth in what respects the material or
equipment submitted for consideration differs from the materials or equipment
designated in the Contract Documents. The degree of proof required for
approval of a proposed substitute as equivalent to a named product is the
amount of proof necessary to convince the Engineer beyond all doubt. To be
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S&P Project No. G124-01-0B
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Augusta Utilities Department Project #70450
acceptable, a proposed substitute must, in addition, meet or exceed all express
requirements of the Contract Documents.
B. If submittal is approved by the Engineer, an addendum will be issued to all
prospective bidders at least seven (7) days prior to the date set for the opening
of bids. Unless requests for changes are received and approvals are published
by addendum in accordance with the above procedure, the successful bidder
shall be held responsible for furnishing items and materials of the trade names
or manufacturer's names called for in the specifications. The Engineer shall be
the final judge on questions of equivalence.
C. If a substitute for named equipment is approved, the Contractor, at no cost to
the owner, will make any modifications to existing plant or the original design
necessary to make the substitute fully functional. If design modifications are
necessary to accommodate the substitute, they must be submitted to the
Engineer for review and approval.
1.09 SAFETY AND HEALTH REGULATIONS:
A. 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 (PL 91-596) and under Section 107 of the Contract Work
and Safety Standards Act (PL 91-54). The regulations are administered by the
Department of Labor and the Contractor shall allow access to the Project to
personnel from that Department.
1.10 USE OF CHEMICALS:
A. All chemicals used during construction or furnished for project operation
whether herbicide, pesticide, disinfectant, polymer, reactant or other
classification, must show approval of either EPA or USDA. Use of all such
chemicals and disposal of residues shall be in strict conformance with
instructions.
1.11 ENVIRONMENTAL IMPACT:
A. The Contractor shall conduct all operations so as to minimize to the greatest
extend possible adverse environmental impact.
a) Noise: All equipment and machines shall be provided with exhaust mufflers
maintained in good working order so as to reduce operating noise to minimum
levels. In addition, operation of equipment and machinery shall be limited to
daylight hours, except with the permission of the Engineer, based on critical
need for the operation.
b) Dust/Smoke: All equipment movements shall be accompanied by a
minimum of dust. Traveled surfaces and earthwork shall be maintained in a
SPECIAL CONDITIONS/Rev. 11/02
01002-5
SPECIAL CONDITIONS/Rev. 11/02, 4/03
01002-6
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moist condition to avoid the generation of dust or the airborne movement of
particulate matter under all prevailing atmospheric conditions.
Burning operations will be conducted only with the Engineer's written
permission. The Contractor shall be responsible for obtaining all permits and
complying with all codes, ordinances and regulations pertaining to the burning.
c) Traffic: Trucks carrying spoil, fill, concrete or other material shall be routed
over roads which will result in the least effect on traffic and nuisance to the
public. All material shall be loaded in a manner which will preclude the loss of
any portion of the load in transit, including covering, if necessary.
d) Siltation and Erosion: The Contractor shall perform his work to minimize
siltation and erosion during construction. Measures shall be taken promptly to
eliminate siltation and erosion, including the installation of dams, detention
basins, and other retaining devices. The Contractor shall conduct operations
and maintain the work in such condition that adequate drainage shall be in
effect at all times.
1.12 EXISTING UTILITIES:
A. The existence and location of underground utilities will be investigated and
verified in the field by the Contractor before starting work. The location of all
known interferences based on the best information available has been shown
on the drawings, but this information may not be complete.
B. Water lines and gas lines and appurtenances and sewer lines uncovered by
the Contractor shall be protected and kept in service by the Contractor and the
Contractor shall notify the appropriate utility or City or County Departments that
the line has been or will be uncovered. The Contractor shall use adequate
braces and slings or other appropriate methods to keep the lines in service,
and any repairs made necessary by his operation shall be made at the
Contractor's expense. Extreme caution shall be exercised when equipment is
being moved or work is being performed under and around existing utility
facilities, especially gas.
C. The Contractor shall familiarize himself with and comply with the provisions of I
Georgia Utility Facility Protection Act ("GUFPA"), a.c.G.A. 99 25-9-1, et. seq.
D. If any utility lines, pipes, facilities, or structures are damaged or broken by the
operations of the Contractor as a result of being disturbed, exposed or
unsupported, the Contractor shall be responsible for the complete and prompt
restoration of the same and shall hold the City harmless from any claims or
causes or action for damage and for any liability which may arise therefrom.
E. The Contractor is responsible for coordinating with the utility companies any
relocation, adjustment or replacement of utility facilities.
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1.13 MANUFACTURING EXPERIENCE:
A. In lieu of the manufacturing experience required by the Technical Provisions
hereinafter, the manufacturer or supplier may submit a bond or cash deposit
which will guarantee replacement of equipment or materials in case of failure.
The bond or deposit will be retained by the Owner for the length of time stated
in the manufacturing experience clause.
1.14 PRESERVATION AND RESTORATION:
A. The Contractor shall use every precaution to prevent damage or destruction of
buildings, poles and shrubbery. He shall protect and carefully preseNe from
disturbance and damage all survey land monuments and property markers until
an authorized agent has witnessed or otherwise referenced their location and
such monuments and markers shall be properly and accurately restored at no
cost to the Owner.
B. When direct or indirect damage or injury is done to public or private property by
the Contractor, he shall restore, at his own expense, such property to a
condition similar or equal to that existing before the damage was done, by
repairing or otherwise restoring, or he shall make good such damage in an
acceptable manner. All restoration by the Contractor shall be accomplished as
soon as construction in the disturbed area is complete.
C. Throughout the performance of the work, the Contractor shall construct and
adequately maintain suitable and safe crossings over the trenches and such
detours as are necessary to care for public and private traffic. The material
excavated from trenches shall be deposited in such manner as shall give as
little inconvenience as possible to the traveling public, to adjoining property
owners, to other contractors, or to the Owner.
D. Prior to commencing work on private property, the Contractor shall contact the
Owner and/or occupant two (2) days in advance of the time work will
commence.
E. The Contractor shall keep the premises, rights-of-way and adjacent property
free from accumulations of waste materials, rubbish and other debris resulting
from the work, and progressively as the work is completed he shall remove all
waste materials, rubbish and debris from and about the work areas as well as
all tools, construction equipment and machinery, and surplus materials, and
shall leave the site clean. Prior to approval of a request for partial payment, the
Contractor shall clean-up the work areas where construction has been
performed during the period for which payment is requested.
F. When the work involves the laying of utility lines across grassed areas, streets,
sidewalks, and other paved areas, it shall be the responsibility of the Contractor
to restore such areas to their original sound condition using construction
SPECIAL CONDITIONS/Rev. 11/02
01002., 7
SPECIAL CONDITIONS/Rev. 11/02
01002-8
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techniques and materials which are the same as existing. In the case of
planted areas, Contractor shall maintain the restoration work until positive
growth has evidenced.
G. In case of dispute, the Owner may remove the rubbish and surplus materials or
perform restoration work and charge the cost of the Contractor.
2.01 BY-PASSING PUMPING:
A. The Contractor shall arrange his work schedule to minimize bypassing of any
wastewater during construction. Any bypassing under this Contract must have
prior approval of the Engineer and Augusta-Richmond County.
B. Bypassing plans and supporting calculations must be submitted to the
Engineer for review prior to establishment of the bypass. All bypass systems
will include complete redundancy in pumping systems, if failure of the primary
pumping system could result in a discharge of untreated wastewater to
waters of the State.
C. Bypass pumping will be monitored continuously by a person knowledgeable
in pump operation and maintenance if the failure of the bypass pump could
result in the discharge of untreated wastewater to waters of the State.
2.02 LAWS AND REGULATIONS:
A. The Contractor shall comply with all City, County, State and Federal laws
applicable to the work.
3.01 LAYOUT OF WORK:
A. Control lines and master benchmarks will be furnished by the Engineer. The
Contractor will layout his own work and be responsible to all measuring in
connection therewith.
3.02 TESTS:
A. Before acceptance of the whole or any part of the work, it shall be subject to
tests to determine that the accomplished work is in accordance with the plans
and specifications. The Contractor shall be required to maintain all work in a
first-class condition for a 30-day operating period after the same has been
completed as a whole and the Engineer has notified the Contractor in working
that the work has been finished to his satisfaction. The retained percentage as
provided herein will not be due or payable to the Contractor until after the 30-
day operating period has expired.
B. No portion of the work will be accepted for partial or final payment until tests
prove it has been satisfactorily completed. All such tests shall be documented,
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signed by the person conducting the tests and the resident inspector, and
approved by the Engineer prior to payment.
3.03 ENGINEER:
A. Whenever the word "Engineer" is used in this contract, it shall be understood
as referring to the Engineer of the Owner, or such other Engineer, supervisor or
inspector as may be authorized by said Owner to act in any particular.
3.04 OMISSIONS:
A. The drawings and specifications shall both be considered as a part of the
. Contract. Any work and material shown in one and omitted in the other, or
described in the one and not shown in the other, or which may fairly be implied
by both or either, shall be furnished and performed as though shown in both, in
order to give a complete and first class job.
3.05 WATER AND ELECTRICITY:
A. All water and electricity required by the Contractor shall be furnished at his own
expense. Before final acceptance all temporary water and electric lines
installed by the Contractor shall be removed.
3.06 PROGRESS SCHEDULE:
A. Before starting any work, the Contractor shall deliver to the Engineer for review
an estimated progress schedule indicating the starting and completion dates
and locations of the various stages of the work. The schedule shall be in a bar
graph from suitable for periodic updating to show actual work completed.
B. At the beginning of each work week, the contractor's superintendent shall
provide the Owner's authorized representative with a schedule of activities
planned for that week.
3.07 PROJECT COMPLETION:
A. After the Contractor has satisfied himself that all work is complete in
accordance with the Contract plans and specifications, he shall request a final
inspection. The request for final inspection must be made in writing and within
the allotted contract time. For scheduling purposes, the Contractor must notify
the Owner and Engineer a minimum of seventy-two (72) hours in advance of I
the final inspection. When a final inspection is requested by the Contractor, it is
assumed by the Owner and Engineer that the Contractor has completed all
work in accordance with the plans and specifications. Should an extensive
punch list develop, it will be assumed that the Contractor has not prepared for a '
final inspection, and the inspection will be terminated and re-scheduled.
Immediately after a satisfactory final inspection has been performed, a final
SPECIAL CONDITIONS/Rev. 11/02
01002-9
SPECIAL CONDITIONS/Rev. 11/02
01002-10
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punch list of items to be performed by the Contractor will be developed by the
Engineer. The Contractor shall complete the items contained on the punch list
within the allotted contract item. Should the Contractor fail to complete all
punch list items within the allotted contract time or approved time extensions,
liquidated damages will be assessed.
B. After the punch list is completed, the Contractor shall submit a final bill to the
City. If the Contractor does not submit a final bill within thirty (30) days, the City
will notify the Contractor that the Contractor has thirty (30) more days in which
to submit a final bill. The Contract will be closed and no payment will be due to
the Contractor sixty (60) days after the punch list is complete and notification by
the City as per above.
3.08 GUARANTY:
A. The Guaranty Period shall begin on the date of final completion as stated in the
General Conditions.
3.09 PERMITS AND EASEMENT:
A. The Contractor shall be responsible for meeting the requirements for the use of
the easements and permits, including any insurance requirements. If the
Contractor requires additional easements or permits for delivery and storage of
materials and equipment, for access of his equipment, for handling of
materials, or for other reasons of his convenience, it shall be his responsibility
to obtain these and he shall bear any costs in connection therewith.
3.10 OWNER-FURNISHED EQUIPEMENT:
A. The Contractor will retrieve and secure all Owner-furnished equipment
included in the project from the Messerly Wastewater Treatment Plant at
1820 Doug Barnard Parkway. All owner-furnished equipment will be retrieved
at one time prior to commencing any work. An inventory of equipment
received will be signed by the Contractor upon receipt.
END OF SECTION 01002
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SECTION 01150 - MEASUREMENT AND PAYMENT
1.01 SCOPE:
A. Under this heading shall be included the methods of measurement and
payment for items of work under this Contract.
1.02 PAY ITEMS:
A. Each sampling/metering site will be paid as a lump sum payment. The
Contractor will include all labor and materials necessary to complete the work
indicated on the plans. The Contractor agrees to make no claim for
damages, anticipated profits or otherwise on account of any difference
between the work actually performed and materials actually furnished and the
work anticipated in the BID PROPOSAL. The Contractor will not be paid for
any work beyond the scope set forth in the Bid Schedule without a change
order issued before the work is performed unless specifically ordered in
writing by the Engineer. The Contractor will provide assistance to the
Engineer to check quantities and elevations when so requested.
END OF SECTION 01150
MEASUREMENT AND PAYMENT
011 50-1
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SECTION 01800 - SUBMITTALS
1.01 GENERAL:
Submittals covered by these requirements include manufacturers' information,
shop drawings, test procedures, test results; samples, requests for substitutions,
and miscellaneous work-related submittals. Submittals shall also include, but not
be limited to, all mechanical, electrical and electronic equipment and systems,
materials, reinforcing steel, fabricated items, and piping and conduit details. The
Contractor shall furnish all drawings, specifications, descriptive data, certificates,
samples, tests, methods, schedules, and manufacturer's installation and other
instructions as specifically required in the Project Manual to demonstrate fully
that the materials and equipment to be furnished and the methods of work
comply with the provisions and intent of the contract documents.
2.01 CONTRACTOR'S RESPONSIBILITIES:
The Contractor shall be responsible for the accuracy and completeness of the
information contained in each submittal and shall assure that the material,
equipment or method of work shall be as described in the submittal. The
Contractor shall certify that all features of all products conform to the specified
requirements. Submittal documents shall be clearly edited to indicate only those
items, models, or series of equipment, which are being submitted for review. All
extraneous materials shall be crossed out or otherwise obliterated. The
Contractor shall ensure that there is no conflict in each case where his submittal
may affect the work of another contractor or the Owner. The Contractor shall
coordinate submittals among his subcontractors and suppliers.
The Contractor shall coordinate submittals with the work so that work will not be
delayed. He shall coordinate and schedule different categories of submittals, so
that one will not be delayed for lack of coordination with another. No extension of
time will be allowed because of failure to properly schedule submittals. The
Contractor shall not proceed with work related to a submittal unit the submittal
process is complete. This requires that submittals for review and comment shall
be returned to the Contractor stamped: No Exceptions Taken or Make
Corrections Noted.
The Contractor shall certify on each submittal document that he has reviewed the !
submittal, verified field conditions, and complied with the contract documents.
The Contractor may authorize in writing a material or equipment supplier to deal
directly with the Engineer or with the Owner with regard to a submittal. These
dealings shall be limited to contract interpretations to clarify and expedite the
work.
SUBMITTALS
01800-1
SUBMITTALS
01800-2
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3.01 CATEGORIES OF SUBMITTALS:
A. GENERAL:
Submittals fall into two general categories: submittals for review and
comment; and submittals which are primarily for information only.
Submittals which are for information only are generally specified as
PRODUCT DATA in Part 2 of applicable specification sections.
B. SUBMITTALS FOR REVIEW AND COMMENT:
All submittals except where specified to be submitted as product data for
information only shall be submitted by the Contractor to the Engineer for
review and comment.
C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Where specified, the Contractor shall furnish submittals (product data) to
the Engineer for information only. Submittal requirements for operation
and maintenance manuals, which are included in this category, are
specified in Section 01730.
4.01 TRANSMITTAL PROCEDURE:
A. GENERAL:
Unless otherwise specified, submittals regarding material and equipment
shall be accompanied by Transmittal Form 01800-A following this section.
Submittals for operation and maintenance manuals, information and data
shall be accompanied by Transmittal Form 01800-B following this section.
A separate form shall be used for each specific item, class of material,
equipment; and items specified in separate, discrete sections, for which
the submittal is required. Submittal documents common to more than one
piece of equipment shall be identified with all the appropriate equipment
numbers. Submittals for various items shall be made with a single form
when the items taken together constitute a manufacturer's package or are
so functionally related that expediency indicates checking or review of the
group or package as a whole.
A unique number, sequentially assigned, shall be noted on the transmittal
form accompanying each item submitted. Original submittal numbers shall
have the following format: "XXX" where "XXX" is the sequential number
assigned by the Contractor. Resubmittals shall have the following format:
"XXX-Y" where "XXX" is the originally assigned submittal number and "Y"
is a sequential letter assigned for resubmittals, Le., A, B, or C being the
first, second, and third resubmittals, respectively. Submittal 25B, for
example, is the second resubmittal of submittal 25.
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B. DEVIATION FROM CONTRACT:
If the Contractor proposed to provide material, equipment, or method of
work which deviates from the project manual, he shall indicate so under
"deviations" on the transmittal form accompanying the submittal copies.
C. SUBMITTAL COMPLETENESS:
Submittals which do not have all the information required to be submitted,
including deviations, are not acceptable and will be returned without
review.
5.01 REVIEW PROCEDURE:
A. GENERAL:
Submittals are specified for those features and characteristics of
materials, equipment, and methods of operation which can be selected
based on the Contractor's judgment of their conformance to the specified
requirements. Other features and characteristics are specified in a manner
which enables the Contractor to determine acceptable options without
submittals. The review procedure is based on the Contractor's guarantee
that all features and characteristics not requiring submittals conform as
specified. Review shall not extend to means, methods, techniques,
sequences or procedures of construction, or to verifying quantities,
dimensions, weights or gauges, or fabrication processes (except where
specifically indicated or required by the project manual) or to safety
precautions or programs incident thereto. Review of a separate item, as
such, will not indicate approval of the assembly in which the item
functions.
When the contract documents require a submittal, the Contractor shall
submit the specified information as follows:
1. Six copies of all submitted information shall be transmitted with
submittals for review and comment.
2. Unless otherwise specified, five copies of all submitted information
shall be transmitted with submittals (product data) for information
only.
B. SUBMITTALS FOR REVIEW AND COMMENT:
Unless otherwise specified, within thirty (30) calendar days after receipt of I
a submittal for review and comment, the Engineer shall review the
submittal and return two copies to the Contractor. The returned submittal
shall indicate one of the following actions:
SUBMITTALS
01800-3
END OF SECTION 01800
SUBMITTALS
01800-4
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1. If the review indicates that the material, equipment or work method
complies with the project manual, submittal copies will be marked:
No Exception Taken. In this event, the Contractor may begin to
implement the work method or incorporate the material or
equipment covered by the submittal.
2. If the review indicates limited corrections are required, copies will
be marked: Make Corrections Noted. The Contractor may begin
implementing the work method or incorporating the material and
equipment covered by the submittal in accordance with the noted
corrections. Where submittal information will be incorporated in
O&M data, a corrected copy shall be provided.
3. If the review reveals that the submittal is insufficient or contains
incorrect data, copies will be marked: Revise and Resubmit.
Except at his own risk, the Contractor shall not undertake work
covered by this submittal until it has been revised, resubmitted, and
returned marked either: No Exception Taken or Make Corrections
Noted.
4. If the review indicates that the material, equipment, or work method
does not comply with the project manual, copies of the submittal
will be marked Rejected. Submittals with deviations which have not
been identified clearly may be rejected. Except at his own risk, the
Contractor shall not undertake the work covered by such submittals
until a new submittal is made and returned marked either No
Exception Taken or Make Corrections Noted.
C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Such information is not subject to submittal review procedures and shall
be provided as part of the work under this contract and its acceptability
determined under normal inspection procedures.
6.01 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS:
Review of contract drawings, methods of work, or information regarding materials
or equipment the Contractor proposed to provide, shall not relieve the Contractor
of his responsibility for errors therein and shall not be regarded as an assumption
of risks or liability by the Engineer or the Owner, or by any officer or employee
thereof, and the Contractor shall have no claim under the contract on account of
the failure, or partial failure, of the method of work, material, or equipment so
reviewed. A mark of: No Exception Taken or Make Corrections Noted shall mean
that the Owner has no objection to the Contractor, upon his own responsibility,
using the plan or method of work proposed, or providing the materials or
equipment proposed.
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01800-A
SUBMITTAL TRANSMITTAL FORM
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DATE:
TO:
SUBMITTAL NO.:
CONTRACT NO.:
SPEC. SECTION:
FROM:
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ATTENTION:
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THE FOLLOWING MATERIAL IS TRANSMITTED FOR SUBMITTAL REVIEW
NO.
DATE
COPIES
DESCRIPTION/EQUIPMENT NO.
WE HAVE VERIFIED THAT THE MATERIAL TRANSMITTED HEREIN IS IN COMPLIANCE WITH THE
SPECIFICATIONS:
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o with no exceptions
o except for the following deviations
NO.
DEVIATION
CONTRACTOR'S SIGNATURE
o NO EXCEPTION 0 MAKE CORRECTIONS
TAKEN NOTED
o REJECTED 0 REVISE AND RESUBMIT
Checking is only for general conformance with the design
concept of the project and general compliance with the
information given in the contract documents. Any action
shown is subject to the requirements of the plans and
specifications. Contractor is responsible for: Dimensions
which shall be confirmed and correlated at the job site;
fabrication processes and techniques of construction;
coordination of his work with that of any other trades and the
satisfactory performance of his work,
I
STEVENSON & PALMER ENGINEERING, INC.
Date:
By:
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01800-8
PRODUCT DATA TRANSMITTAL FORM
DATE:
TO:
PRODUCT DATA NO.:
CONTRACT NO.:
SPEC. SECTION:
FROM:
ATTENTION:
THE FOLLOWING MATERIAL IS TRANSMITTED AS PRODUCT DATA
NO. DATE COPIES DESCRIPTION/EQUIPMENT NO.
WE HAVE VERIFIED THAT THE MATERIAL TRANSMITTED HEREIN IS IN COMPLIANCE WITH THE SPECIFICATIONS.
CONTRACTOR:
SIGNATURE
TITLE
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S&P Project No. G 124-0 1 -08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
SECTION 02640 - MANHOLES AND COVERS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS:
Drawings and general provisions of Contract, including General and Special
Conditions and Division-1 Specification sections, apply to work of this section.
1.02 DESCRIPTION OF WORK:
A. Monolithic concrete manholes with masonry transition to lid frame, covers,
anchorage, and accessories.
B. Modular precast concrete manhole sections with tongue-and-groove joints with
masonry transition to lid frame, covers, anchorage, and accessories.
C. Monolithic FRP manholes with transition to lid frame, covers, anchorage, and
accessories.
D. Monolithic HOPE manholes with transition to lid frame, cover; anchorage and
accessories
E. Masonry manhole sections with masonry transition to lid frame, covers,
anchorage, and accessories.
1.02 RELATED SECTIONS
A. Section 03300 - Cast-In-Place Concrete.
1 .03 REFERENCES
A. ASTM A 48 - Standard Specification for Gray Iron Castings.
B. ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized)
Coatings on Iron and Steel Products.
C. ASTM C 55 - Standard Specification for Concrete Brick.
D. ASTM C 62 - Standard Specification for Building Brick (Solid Masonry Units
Made From Clay or Shale).
E. ASTM C 478 - Standard Specification for Precast Reinforced Concrete
Manhole Sections.
F. ASTM C 478M - Standard Specification for Precast Reinforced Concrete
MANHOLES AND COVERS
02640-1
MANHOLES AND COVERS
02640-2
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
Manhole Sections (Metric).
G. ASTM C 923 - Standard Specification for Resilient Connectors Between
Reinforced Concrete Manhole Structures, Pipes and Laterals.
H. ASTM C 923M - Standard Specification for Resilient Connectors Between
Reinforced Concrete Manhole Structures, Pipes and Laterals (Metric).
I. ASTM C 1147 - Practice for determining the Short Term Tensile Weld
Strength of Chemical-Resistant Thermoplastics.
J. ASTM D 2321 - Practice for Underground Installation of Flexible
Thermoplastic Pipe for Sewers and Other Gravity Flow Installations.
K. ASTM D 2657 - Practice for Heat-Joining of Ployolefin Pipe and Fittings.
L. ASTM D 2837 - Test Method for Obtaining Hydrostatic Design Basis for
Thermoplastic Pipe Materials.
M. ASTM D 3753 - Standard Specification for Glass-Fiber-Reinforced Polyester
Manholes.
N. ASTM F 1759 - Design of High Density Polyethylene (HOPE) Manholes for
Subsurface Applications.
O. IMIAWC (CW) - Recommended Practices & Guide Specifications for Cold
Weather Masonry Construction; International Masonry Industry All-Weather
Council.
1.04SUBMITTALS
A. Shop Drawings: Indicate manhole locations, elevations, piping sizes and
elevations of penetrations.
B. Product Data: Provide manhole covers, component construction, features,
configuration, and dimensions.
1.05QUALlTY ASSURANCE
A. Manufacturer: Company specializing in manufacturing products specified in
this section with minimum three years documented experience.
1.06 ENVIRONMENTAL REQUIREMENTS
A. Maintain materials and surrounding air temperature to minimum 50 degrees F
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
(10 degrees C) prior to, during, and 48 hours after completion of masonry
work.
B. Cold Weather Requirements: Comply with recommendations of IMIAWC
(CW).
PART 2 PRODUCTS
2.01 MATERIALS
A. Manhole Sections: Reinforced precast concrete in accordance with ASTM C
478 (ASTM C 4 78M), with gaskets in accordance with ASTM C 923 (ASTM C
923M).
B. Manhole Sections and Integral Steps: Fiber reinforced plastic in accordance
with ASTM 03753.
C. Manhole Construction: High Density Polyethylene (HOPE) plastic conforming
to ASTM D-3350-98a with minimum cell classification values of 345464 C.
Manhole construction shall conform to ASTM F 1759. Manholes shall be
factory tested with water or with air. The hydrostatic test shall be conducted by
filling the structure with water and checking for leaks. Minimum test duration
will be one hour. If air is used, 2 to 5 psi shall be used for 30 minutes.
Certification showing the structure to be leak-free shall be supplied.
D. Concrete: As specified in Section 03301.
E. Concrete Brick Units: ASTM C 55, Grade N, Type I - Moisture Controlled;
normal weight.
F. Clay Brick Units: ASTM C 62, Grade NW solid units.
G. Mortar and Grout: Type S.
H. Reinforcement: Formed steel wire, galvanized finish.
I. Concrete Reinforcement: As specified in Section 03301.
2.02 COMPONENTS
A. Lid and Frame: ASTM A 48, Class 30B Cast iron construction, machined flat
bearing surface, removable lockable traffic-rated lid, closed lid design.
B. Manhole Steps: Non-corrosive aluminum alloy equivalent to Neenah R-1982-W
or polypropylene equivalent to M.A. Industries, Type PS-1 or PS-1-PF. HOPE
steps formed integral with manhole sections.
MANHOLES AND COVERS
02640-3
MANHOLES AND COVERS
02640-4
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
C. Strap Anchors: Bent steel shape, galvanized to ASTM A 123/A 123M, Grade
specified for applicable material category.
2.03 CONFIGURATION
A. Shaft Construction: Concentric with concentric cone top section; lipped
male/female joints tongue and groove sealed with flexible gaskets or mastic
sealant. Gaskets shall be O-Ring or Type A or B "Tylox" conforming to ASTM. C-
443 and mastic shall be II Ram-nek", or equivalent, with primer. sleeved to
receive pipe sections.
B. Shape: Cylindrical.
C. Clear Inside Dimensions: 48 inch (1,200 mm) diameter.
D. Clear Inside Dimensions: As indicated.
E. Design Depth: as required.
F. Clear Lid Opening: 26 inches (660 mm) diameter.
F. Clear Lid Opening: 24 inches.
H. Pipe Entry: Provide openings as indicated. The inlets and outlets shall be
HDPE pipe, extrusion welded on the inside and outside.
I. Steps: As required by code.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify items provided by other sections of Work are properly sized and located.
B. Verify that built-in items are in proper location, and ready for roughing into
Work.
C. Verify excavation for manholes is correct.
3.02 PREPARATION
A. Coordinate placement of inlet and outlet pipe or duct sleeves required by other
sections.
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
B. The handling of HDPE manholes shall be done in such a manner that there is
no damage.
3.03 MANHOLES
A. Place concrete base pad, trowel top surface level.
B. Place manhole sections plumb and level, trim to correct elevations, anchor to
base pad.
C. Form and place manhole cylinder plumb and level, to correct dimensions and
elevations. As work progresses, build in fabricated metal items.
D. Cut and fit for pipe. HDPE pipe shall be joined using butt fusion. All butt fusion
welds shall be made as described in ASTM D 2657.
E. Grout base of shaft sections to achieve slope to exit piping. Trowel smooth.
Contour as required.
F. Set cover frames and covers level without tipping, to correct elevations.
G. Coordinate with other sections of work to provide correct size, shape, and
location.
3.04 MASONRY WORK
A. Maintain masonry courses to uniform dimension. Form vertical and horizontal
joints of uniform thickness.
B. Lay masonry units in running bond. Course one unit and one mortar joint to
equal 8 inches (200 mm).
C. Form concave mortar joints.
D. Lay masonry units in full bed of mortar, with full head joints, uniformly jointed
with other work.
E. Install joint reinforcement 16 inches (400 mm) on center.
F. Place joint reinforcement in first and second horizontal joints above base pad i
and below lid frame opening.
END OF SECTION 02640
MANHOLES AND COVERS
02640-5
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S&P Project No. G 124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
SECTION 02730 - SANITARY SEWERS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS:
Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division-1 Specification sections, apply to work of this section.
1.02 DESCRI PTION OF WORK:
A. General:
Extent of sanitary sewer work is indicated on drawings and schedules, and by
requirements of this section.
Refer to Division-3 sections for concrete work required for sanitary sewers; not
work of this section.
B. Damage to Existing Utility Lines:
Any damage done to existing utility lines, services, poles and structures of every
nature shall be repaired or replaced by the Contractor at his own expense. The
approximate position of certain known underground lines are shown on the Plans
for information. Existing small lines may not be shown. The Contractor shall
locate these and other possible unknown utility lines and shall excavate and
expose all existing underground lines in advance of trenching operations.
Removing and relaying of such lines and appurtenances which constitute an
obstruction to the completed lines and grade of the new work will be made at the
expense of the Owner, unless otherwise shown on Plans to be altered by the
Contractor.
At locations where the sewer is to be constructed in roadways, the Contractor
shall take all precautions, and comply with all requirements, as may be
necessary to protect the improvements, including installation and maintenance of
lights and barricades for protection of traffic.
1.03 QUALITY ASSURANCE:
A. Manufacturer's Qualifications:
Firms regularly engaged in manufacture of sanitary sewer system's products of i
types, materials, and sizes required, whose products have been in satisfactory
use in similar service for not less than 5 years.
B. Installers Qualifications:
SANITARY SEWERS
02730-1
SANITARY SEWERS
02730-2
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
Firm with at least 3 years of successful installation experience on projects with
sanitary sewage work similar to that required for project.
1.04 SUBMITTALS:
A. Product Data:
Submit manufacturer's technical product data and installation instructions for
sewage system materials and products.
B. Certification:
Each length of pipe shall be marked with the following information:
Manufacturer, Size, PVC Cell Classification, Type PSM, SDR, PVC Gravity
Sewer Pipe, ASTM D3033, D3034, F679 or F789 and Code Number.
At the time of shipment, the manufacturer shall submit 3 copies of written
certification and test results to the Engineer that the pipe was manufactured and
tested in accordance with the specifications.
C. Shop Drawings:
Submit shop drawings for sanitary sewage systems, showing piping materials,
size, locations, and inverts. Include details of underground structures,
connections, and cleanouts. Show interface and spatial relationship between
piping and proximate structures.
D. Record Drawings:
At project closeout, submit record drawings of installed sanitary sewers and
appurtenances, in accordance with requirements of Division 1.
PART 2 - PRODUCTS
2.01 IDENTIFICATION:
A. Underground-Type Plastic Line Markers
Manufacturer's standard permanent, bright-colored, continuous-printed plastic
tape, intended for direct-burial service; not less than 6" wide x 4 mils thick.
Provide green tape with black printing reading "CAUTION SEWER LINE
BURIED BELOW".
1. Available Manufacturers: Subject to compliance with. requirements,
manufacturers offering identification markers which may be incorporated in the
work include, but are not limited to, the following:
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
Allen Systems, Inc.
Emed Co., Inc.
Seton Name Plate Corp.
2.02 PIPES AND PIPE FITTINGS:
A. General:
Provide pipes of one of the following materials, of weight/class indicated. Provide
pipe fittings and accessories of same material and weight/class as pipes, with
joining method as indicated.
B. Ductile Iron Pipe:
ANSI A21.51. Ductile iron pipe shall be of the thickness in accordance with ANSI
A21.50 for Laying Condition 2, Class 50 minimum; cement mortar lining meeting
the ANSI A21.4 for standard thickness lining. After cement lining, the interior of
the pipe shall be given a seal coat of bituminous material per ANSI A21.4.
1. Fittings: ANSI A21.1 0, push-on type unless otherwise shown; cement mortar
lining meeting the ANSI A21.4 for standard thickness lining. After cement lining,
the interior of the fitting shall be given a seal coat of bituminous material per
ANSI A21.4.
2. Joints: ANSI A21.11 , push-on type unless otherwise shown.
3. Exterior Coating: Exterior coating shall be an approved bituminous coating 1
mil thick unless otherwise shown and/or specified.
C. Cast-Iron Soil Pipe:
ASTM A 74, hub and spigot ends, seNice weight unless otherwise indicated.
1. Fittings: Cast-iron hub and spigot complying with ASTM A 74; lead/oakum
caulked joints, or compression joints with rubber gaskets complying with ASTM C
564.
D. Vitrified Clay Pipe:
ASTM C 700, bell and spigot ends, standard strength unless otherwise
indicated.
1. Fittings: Vitrified clay bell and spigot, same strength as adjoining pipe,
compression joints complying with ASTM C 425.
SANITARY SEWERS
02730-3
SANITARY SEWERS
02730-4
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
E. Reinforced Concrete Pipe:
ASTM C 76, Class II unless otherwise indicated.
1. Fittings: Reinforced concrete, same strength as adjoining pipe,
tongue-and-groove gasketed joints complying with ASTM C 443.
F. Concrete Pipe:
ASTM C 14, Class 2 non-reinforced concrete pipe, unless otherwise indicated.
1. Fittings: Concrete, same strength as adjoining pipe, tongue-and-groove
gasketed joints complying with ASTM C 443.
G. Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe:
ASTM D 2751, SDR 35 for 3",4", and 6"; and SDR 42 for 8",10", and 12".
1. Fittings: ABS, ASTM D 2751; solvent-cement joints, ASTM D 2235; or
elastomeric joints complying with ASTM 0 3212 using gaskets complying with
ASTM F 477.
H. Acrylonitrile-Butadiene-Styrene (ABS) DWV Pipe:
Schedule 40, ASTM D 2661.
1. Fittings: ABS Schedule 40, ASTM D 2661; solvent-cement joints, ASTM 0
2235; or threaded joints.
I. Polyvinyl Chloride (PVC) Sewer Pipe:
ASTM D 3033, Type PSP, SDR 35; or ASTM D 3034, Type PSM, SDR 35.
1. Fittings: PVC, ASTM D3033 or ASTM D 3034, elastomeric joints complying
with ASTM D 3212 using elastomeric seals complying with ASTM F 4'77.
J. Polyvinyl Chloride (PVC) DWV Pipe:
Schedule 40, ASTM D 2665.
1. Fittings: PVC Schedule 40, ASTM D 2665; solvent-cement joints, ASTM D
2664; or threaded joints.
K. Polyvinyl Chloride (PVC) Sewer Pipe:
ASTM F 679, wall thickness T-1.
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S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department
1. Fittings: PVC, ASTM F 679, elastomeric joints complying with ASTM D 3212
using elastomeric seals complying with ASTM F 477.
L. High Density Polyethylene (HOPE) Sewer Pipe:
Nominal IPS (Iron Pipe Size) 00, unless noted otherwise, manufactured from a
PE 3408 resin listed with the Plastic Pipe Institute (PPI) as TR-4. The resin
material shall meet the specifications of ASTM D 3350-98a with a minimum cell
classification of PE345464C. Pipe shall have a manufacturing standard of
ASTM D-3035 and be manufactured by an ISO 9001 certified manufacturer.
The pipe shall contain no recycled compounds except that generated in the
manufacturer1s own plant from resin of the same specification from the same
raw material. The pipe shall be homogeneous throughout and free of visible
cracks, holes, foreign inclusions, voids, or other injurious defects.
2.03 SANITARY SEWER MANHOLES:
A. General: Provide precast reinforced concrete sanitary manholes as indicated,
and complying with ASTM C 478. Bell and spigot surfaces shall be smooth,
accurately formed, and provide a loose, sliding fit, with a clearance between
the bell and spigot of not more than 1/6 inch.
B. Precast - Shall be constructed in accordance with ASTM C-478 and conform to
the details on the project drawings.
1. Joints - Shall be tongue and groove sealed with flexible gaskets or mastic
sealant. Gaskets shall be O-Ring or Type A or B "Tylox" conforming to
A.S.T.M. C-443 and mastic shall be "Ram-nek", or equivalent, with primer:
The primer shall be applied to all contact surfaces of the manhole joint at
the factory in accordance with the manufacturer1s instructions.
2. Steps - Shall be non-corrosive aluminum alloy equivalent to Neenah R-
1982-W or polypropolene equivalent to M.A. Industries, Type PS-1 or PS-1-
PF. The steps shall be installed at the manhole factory and in accordance
with the recommendations of the step manufacturer. Manholes will not be
acceptable if steps are not installed accordingly, and property aligned
vertically.
3. Leaks - No leaks in the manhole will be acceptable. All repairs made from !
inside the manhole shall be made with mortar composed of one part I
portland cement and two parts clean sand; the mixing liquid shall be straight
bonding agent equivalent to "Acryl 60".
C. Top:
Precast concrete, of concentric cone, eccentric cone, or flat slab top type, as
indicated.
SANITARY SEWERS
02730-5
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S&P Project No. G124-01-08
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Augusta Utilities Department
D. Base:
Precast concrete, with base riser section and separate base slab, or base riser
section with integral floor, as indicated.
E. Frame and Cover:
Ductile-iron, 26" diameter cover, heavy-duty, indented top design, with lettering
at least 2" high cast into top reading "SEWER", Neenah R-1642, Clow F-321 0
or equal.
F. Pipe Connectors:
Resilient, complying with ASTM C 923.
PART 3 - EXECUTION
3.01 INSTALLATION OF IDENTIFICATION:
A. General:
During back-filling/top-soiling of sanitary sewage systems, install continuous
underground-type plastic line marker, located directly over buried line at 6" to 8"
below finished grade.
3.02 INSTALLATION OF PIPE AND FITIINGS:
A. General:
Install piping in accordance with governing authorities having jurisdiction, except
where more stringent requirements are indicated.
B. Inspect Piping:
Inspect piping before installation to detect apparent defects. Mark defective
materials with white paint and promptly remove from site.
C. lay Pipe:
lay piping beginning at low point of system, true to grades and alignment
indicated, with unbroken continuity of invert.
D. Bell Ends:
Place bell ends or groove ends of piping facing upstream.
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Augusta Utilities Department
E' Gaskets:
Install gaskets in accordance with manufacturer's recommendations for use of
lubricants, cements, and other special installation requirements.
F. Ductile Iron Pipe:
Install in accordance with 1994 DIPRA, "Installation Guide to Ductile Iron Pipe".
G. Vitrified Clay Pipe:
Install in accordance with ASTM C 12.
H. Concrete Pipe:
Install in accordance with applicable provisions of ACPA "Concrete Pipe
Installation Manual".
I. Copper Tube:
Install in accordance with applicable provisions of CDA "Copper Tube
Handbook".
J. PVC or ASS Pipe:
Install in accordance with manufacturer's installation recommendations, and in
accordance with ASTM 0 2321.
K. HOPE Pipe:
Sections of polyethylene pipe shall be joined into continuous lengths on the
jobsite above ground. The joining method shall be the butt fl:.lsion method and
shall be performed in strict accordance with the pipe manufacturer's
recommendations. Sidewall fusions for connections to outlet piping shall be
performed in accordance with HOPE pipe and fitting manufacturer's
specifications.
L. Cleaning Piping:
Clear interior of piping of dirt and other superfluous material as work progresses.
Maintain swab or drag in line and pull past each joint as it is completed.
In large, accessible piping, brushes and brooms may be used for cleaning.
Place plugs in ends of uncompleted conduit at end of day or whenever work
stops.
SANITARY SEWERS
02730-7
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Augusta Utilities Department
Flush lines between manholes if required to remove collected debris.
M. Joint Adapters:
Make joints between different types of pipe with standard manufactured adapters
and fittings intended for that purpose.
N. Closing Abandoned Utilities:
Close open ends of abandoned underground utilities which are indicated to
remain in place. Provide sufficiently strong closures to withstand hydro-static or
earth pressure which may result after ends of abandoned utilities have been
closed.
O. Close Open Ends:
Of concrete or masonry utilities with not less than 8" thick brick masonry
bulkheads.
P. Close Open Ends of Piping:
With threaded metal caps, plastic plugs, or other acceptable methods for size
and type material being closed. Wood plugs are not acceptable.
O. Interior Inspection:
All sewer pipes, manholes and appurtenances shall be inspected by the
Engineer and the Contractor. Inspection shall include lamping each sewer
segment from manhole to manhole. If inspection indicates poor alignment,
debris, displaced pipe, infiltration, or other defects, correct such defects, and
reinspect.
3.03 SANITARY MANHOLES:
A. General:
Place precast concrete sections as indicated. Where manholes occur in
pavements, set tops of frames and covers flush with finish surface. Elsewhere,
set tops 3" above finish surface, unless otherwise indicated.
B. Installation:
Install in accordance with ASTM C 891 .
C. Rubber Joint Gasket:
Provide rubber joint gasket complying with ASTM C 443 at joints of sections.
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D. Stone Bedding:
Precast manholes shall be bedded on not less than 6 inches of compacted
crushed stone. The crushed stone shall extend not less than 6 inches outside
the walls of the manhole and under the entire length of pipe within the excavation
for the manhole.
E. Drop Manholes:
Drop manholes shall be built at the locations and in conformance with the details
shown where the difference in invert elevation between incoming pipe and
manhole invert is more that 2 feet. The drop pipe shall be the same size as the
influent sewer. Payment for drop manholes will be made at the unit prices for the
various depths stated in the Proposal, and shall include all necessary pipe, pipe
fittings, concrete encasement of drop pipe, extension of manhole base slab and
compacted crushed stone under sewer spanning the manhole excavation.
3.04 SERVICE CONNECTIONS:
Service connections shall be provided at locations shown on the Plans. The
connection shall be made as shown on the Drawings, or shall be a pipe stubbed out
from a manhole, and shall extend to the street right of-way line at an elevation at
least 2 feet below the finished floor elevation of the building being served or deeper
if necessary to provide service to a building or to the property line as shown on the
Plans. Service connections shall be inspected and approved prior to any backfill
being placed.
Service pipe shall be extra strength cast iron soil pipe or PVC Sewer Pipe
conforming to ASTM D3034 SDR 35. Mylar detectable tape shall be installed where
PVC pipe is used.
A 2" X 4" 30 inch long pressure treated flag stake painted red shall be located at the
end of each sewer lateral.
3.05 CONCRETE ENCASEMENT OF PIPE:
Where called for on the Plans sewer pipe shall be completely encased with
concrete. The trench shall first be excavated not less than 6 inches below the bell of
the pipe and the pipe laid to the line and grade on concrete blocking. Concrete shall
then be placed to the full width of the trench, but in no case less than 6 inches from
the pipe bell on either side of the trench, and to a height of not less than 6 inches
above the top of the pipe bell. No backfill material shall be placed in the trench for a
period of at least 24 hours after the concrete encasement has been placed.
Payment for concrete encasement will be according to the unit price bid in the i
Proposal and in accordance with Section 01150.
SANITARY SEWERS
02730-9
SANITARY SEWERS
02730-1 0
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3.06 FIELD QUALITY CONTROL:
A. Testing and Cleaning:
Before acceptance of the sewer lines, they shall be tested and cleaned. Where
obstruction is met, the Contractor shall be required to clean the sewers by means
of rods or swabs or other instruments. The pipe line shall be straight and show a
uniform grade between manholes.
The Contractor shall notify the Engineer when the sewer lines have been
cleaned and are ready for inspection. The Engineer in cooperation with the
Contractor and the Owner will agree upon a date when all parties will be present
and make the inspection and perform the tests specified hereinafter.
B. Test for Deflection:
When PVC Sewer Pipe, ABS Pipe or HOPE Sewer Pipe is used, the Contractor
will be required to perform a deflection test. The deflection may be checked by
one of two techniques. One of these is through the use of a specially designed
deflectometer which when pulled through a sewer section automatically
measures and records at frequent intervals the pipe's vertical and horizontal
diameters.
The other technique is to use a "go, no-go" mandrel which is sized to such
dimension that it will not "go" when encountering a deflection greater than 5 per-
cent. This type of mandrel, as well as a deflectometer, must be of such design
as to minimize the possibility of its being hung up in the pipe by silt or other
residues.
If a deflection of 5 percent or greater is encountered, the Contractor shall repair
the pipe as necessary, wait 30 days, and retest that portion of the pipe repaired.
The cost of the deflection tests and any required repairs shall be included in the
appropriate bid item and no separate payment will be made for them.
C. Infiltration and Exfiltration Tests:
Test all sewers for infiltration by one of the following methods. The Contractor
shall furnish, install and maintain a V-notch sharp crested weir in a wood frame
tightly secured in a manhole at the low end of each sewer lateral and at locations
on the main sewers designated by the Engineer. Maximum allowable infiltration
shall be 200 gallons per mile per inch of diameter of sewer per 24 hour day at
any time. All joints shall be tight and any visible leakage in the joints or leakage
in excess of that specified above shall be repaired at the Contractor's expense.
When infiltration is demonstrated to be within the allowable limits, the Contractor
shall remove the weirs. Prior to making an infiltration test, all groundwater
drainage shall be stopped to permit the groundwater to return to its normalleve!.
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In areas where groundwater is not encountered, exfiltration tests shall be run to
determine the acceptance of the sewer. The Contractor shall furnish and install
all necessary materials, equipment, water supply, etc. for the tests. The
maximum allowable exfiltration shall be 200 gallons per mile per inch of diameter
of sewer per 24 hour day at any time, based on a 2 foot minimum internal head.
An allowance of 10 percent of gallonage shall be permitted for each additional 2
foot head over the basic head. The joints shall be tight and leakage in excess of
that specified above shall be repaired at the Contractor's expense. Precaution
shall be taken to prevent forcing of stoppers from house service laterals.
Infiltration and exfiltration tests will be made as soon as possible after
construction of sufficient lines to warrant a test. The Contractor shall notify the
Engineer when he is ready to conduct the tests. The cost of these tests shall be
included in the appropriate bid item and no separate payment will be made for
them.
END OF SECTION 02730
SANITARY SEWERS
02730-11
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SECTION 03301 - CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and Division 1 Specification Sections, apply to this
Section.
1.2 SUMMARY
A. This Section specifies cast-in-place concrete, including reinforcement, concrete
materials, mix design, placement procedures, and finishes.
B. Related Sections include the following:
1. Division 2 Section "Earthwork" for drainage fill under slabs-on-grade.
1.3 SUBMITTALS
A. General: In addition to the following, comply with submittal requirements in
ACI 301.
B. Product Data: For each type of manufactured material and product indicated.
C. Design Mixes: For each concrete mix.
1.4 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed concrete
work similar in material, design, and extent to that indicated for this Project and
whose work has resulted in construction with a record of successful in-service
performance.
B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed
concrete products complying with ASTM C 94 requirements for production
facilities and equipment.
C. Source Limitations: Obtain each type of cement of the same brand from the
same manufacturer's plant, each aggr.egate from one source, and each
admixture from the same manufacturer.
D. Comply with ACI 301, "Specification for Structural Concrete," including the
following, unless modified by the requirements of the Contract Documents.
CAST-IN-PLACE CONCRETE
03301 - 1
CAST-IN-PLACE CONCRETE
03301 - 2
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1. General requirements, including submittals, quality assurance,
acceptance of structure, and protection of in-place concrete.
2. Formwork and form accessories.
3. Steel reinforcement and supports.
4. Concrete mixtures.
5. Handling, placing, and constructing concrete.
6. Lightweight concrete.
PART 2 - PRODUCTS
2.1 FORMWORK
A. Furnish formwork and form accessories according to ACI 301.
2.2 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed.
B. Plain-Steel Wire: ASTM A 82, as drawn.
C. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel
wire into flat sheets.
D. Deformed-Steel Welded Wire Fabric: ASTM A 497, flat sheet.
2.3 CONCRETE MATERIALS
A. Portland Cement: ASTM C 150, Type II.
B. Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 1-1/2-
inch nominal size.
C. Lightweight Aggregate: ASTM C 330.
D. Water: Potable and complying with ASTM C 94.
E. Synthetic Fiber: Fibrillated or monofilament polypropylene fibers engineered
and designed for use in concrete, complying with ASTM C 1116, Type III, 1/2 to
1-1/2 inches long.
2.4 ADMIXTURES
A. General: Admixtures certified by manufacturer to contain not more than 0.1
percent water-soluble chloride ions by mass of cement and to be compatible
with other admixtures. Do not use admixtures containing calcium chloride.
B. Air-Entraining Admixture: ASTM C 260.
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C. Water-Reducing Admixture: ASTM C 494, Type A.
D. High-Range, Water-Reducing Admixture: ASTM C 494, Type F.
E. Water-Reducing and Accelerating Admixture: ASTM C 494, Type E.
F. Water-Reducing and Retarding Admixture: ASTM C 494, Type D.
2.5 RELATED MATERIALS
A. Vapor Retarder: Multi-ply reinforced polyethylene sheet, ASTM E 1745,
Class C, not less than 7.8 mils thick; or polyethylene sheet, ASTM D 4397, not
less than 10 mils thick.
B. Fine-Graded Granular Material: Clean mixture of crushed stone, crushed
gravel, and manufactured or natural sand; ASTM D 448, Size 10, with 100
percent passing a NO.4 sieve and 10 to 30 percent passing a NO.1 00 sieve;
complying with deleterious substance limits of ASTM C 33 for fine aggregates.
C. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or
ASTM D 1752, cork or self-expanding cork.
2.6 CURING MATERIALS
A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured
for application to fresh concrete.
B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or
kenaf, weighing approximately 9 oz./sq. yd. dry.
C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white' burlap-
polyethylene sheet.
D. Water: Potable.
E. Clear, Solvent-Borne, Membrane-Forming Curing Compound: ASTM C 309,
Type 1 , Class B.
F. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, !
Type 1 , Class B.
G. Clear, Solvent-Borne, Membrane-Forming Curing and Sealing Compound:
ASTM C 1315, Type 1, Class A.
H. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound:
ASTM C 1315, Type 1, Class A.
CAST-IN-PLACE CONCRETE
03301 - 3
CAST-I N-PLACE CONCRETE
03301 - 4
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2.7 CONCRETE MIXES
A. Comply with ACI 301 requirements for concrete mixtures.
B. Prepare design mixes, proportioned according to ACI 301, for normal-weight
concrete determined by either laboratory trial mix or field test data bases, as
follows:
1. Compressive Strength (28 Days): 4000 psi.
2. Compressive Strength (28 Days): 3500 psi
3. Compressive Strength (28 Days): 3000 psi
4. Slump: 4 inches
a. Slump Limit for Concrete Containing High-Range Water-Reducing
Admixture: Not more than 8 inches after adding admixture to plant-
or site-verified, 2- to 3-inch slump.
C. Add air-entraining admixture at manufacturer's prescribed rate to result in
concrete at point of placement having an air content of 2.5 to 4.5 percent.
1. Air content of trowel-finished interior concrete floors shall not exceed 3.0
percent.
D. Lightweight Structural Concrete Mix: ASTM C 330, proportioned to produce
concrete with a minimum compressive strength of 3000 psi at 28 days and a
calculated equilibrium unit weight of 110 Ib/cu. ft plus or minus 3 Ib/cu. ft, as
determined by ASTM C 567. Concrete slump at point of placement shall be the
minimum necessary for efficient mixing, placing, and finishing.
1 . Limit slump to 5 inches for troweled slabs and 4 inches for other slabs.
E. Synthetic Fiber: Uniformly disperse in concrete mix at manufacturer's
recommended rate, but not less than 1.0 Ib/cu. yd.
2.8 CONCRETE MIXING
A. Ready-Mixed Concrete: Comply with ASTM C 94 and ASTM C 1116.
1. When air temperature is between 85 and 90 deg F, reduce mixing and
delivery time from 1-1/2 hours to 75 minutes; when air temperature is
above 90 deg F, reduce mixing and delivery time to 60 minutes.
PART 3 - EXECUTION
3.1 FORMWORK
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A. Design, construct, erect, shore, brace, and maintain formwork according to
ACI 301.
3.2 VAPOR RETARDER
A. Install, protect, and repair vapor-retarder sheets according to ASTM E 1643;
place sheets in position with longest dimension parallel with direction of pour.
B. Lap joints 6 inches and seal with manufacturer's recommended tape.
1. Cover vapor retarder with fine-graded granular material, moisten, and
compact with mechanical equipment to elevation tolerances of plus 0 inch
or minus 3/4 inch.
3.3 STEEL REINFORCEMENT
A. Comply with CRSl's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor
retarder before placing concrete.
3.4 JOINTS
A. General: Construct joints true to line with faces perpendicular to surface plane
of concrete.
B. Construction Joints: Locate and install so as not to impair strength or
appearance of concrete, at locations indicated or as approved by Engineer.
C. Isolation Joints: Install joint-filler strips at junctions with slabs-on-grade and
vertical surfaces, such as column pedestals, foundation walls, grade beams,
and other locations, as indicated.
1 . Extend joint fillers full width and depth of joint, terminating flush with
finished concrete surface, unless otherwise indicated.
D. Contraction (Control) Joints in Slabs-on-Grade: Form weakened-plane
contraction joints, sectioning concrete into areas as indicated. Construct
contraction joints for a depth equal to at least one-fourth of the concrete
thickness, as follows:
1. Grooved Joints: Form contraction joints after initial floating by grooving
and finishing each edge of joint with groover tool to a radius of 1/8 inch.
Repeat grooving of contraction joints after applying surface finishes.
Eliminate groover marks on concrete surfaces.
CAST-IN-PLACE CONCRETE
03301 - 5
CAST-IN-PLACE CONCRETE
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2. Sawed Joints: Form contraction joints with power saws equipped with
shatterproof abrasive or diamond-rimmed blades. Cut 1 IS-inch wide joints
into concrete when cutting action will not tear, abrade, or otherwise
damage surface and before concrete develops random contraction
cracks.
3.5 CONCRETE PLACEMENT
A. Comply with recommendations in ACI 304R for measuring, mixing, transporting,
and placing concrete.
B. Do not add water to concrete during delivery, at Project site, or during
placement.
C. Consolidate concrete with mechanical vibrating equipment.
3.6 FINISHING FORMED SURFACES
A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing
material with tie holes and defective areas repaired and patched, and fins and
other projections exceeding 114 inch in height rubbed down or chipped off.
1. Apply to concrete surfaces not exposed to public view.
B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing
material, arranged in an orderly and symmetrical manner with a minimum of
seams. Repair and patch tie holes and defective areas. Completely remove
fins and other projections.
1. Apply to concrete surfaces exposed to public view or to be covered with a
coating or covering material applied directly to concrete, such as
waterproofing, dampproofing, veneer plaster, or painting.
2. Apply Grout-cleaned rubbed finish, defined in ACI 301, to smooth-formed
finished concrete.
C. Related Unformed Surfaces: At tops of walls, hor.izontal offsets, and similar
unformed surfaces adjacent to formed surfaces, strike off smooth and finish
with a texture matching adjacent formed surfaces. Continue final surface
treatment of formed surfaces uniformly across adjacent unformed surfaces,
unless otherwise indicated.
3.7 FINISHING UNFORMED SURFACES
A. General: Comply with ACI 302.1 R for screeding, restraightening, and finishing
operations for concrete surfaces. Do not wet concrete surfaces.
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B. Screed surfaces with a straightedge and strike off. Begin initial floating using
bull floats or darbies to form a uniform and open-textured surface plane before
excess moisture or bleedwater appears on the surface.
1. Do not further disturb surfaces before starting finishing operations.
C. Scratch Finish: Apply scratch finish to surfaces to receive concrete floor
topping or mortar setting beds for ceramic or quarry tile, portland cement
terrazzo, and other bonded cementitious floor finish, unless otherwise
indicated.
D. Float Finish: Apply float finish to surfaces indicated, to surfaces to receive
trowel finish, and to floor and slab surfaces to be covered with fluid-applied or
sheet waterproofing, built-up or membrane roofing, or sand-bed terrazzo.
E. Trowel Finish: Apply a hard trowel finish to surfaces indicated and to floor and
slab surfaces exposed to view or to be covered with resilient flooring, carpet,
ceramic or quarry tile set over a cleavage membrane, paint, or another thin film-
finish coating system.
F. Trowel and Fine-Broom Finish: Apply a partial trowel finish, stopping after
second troweling, to surfaces indicated and to surfaces where ceramic or
quarry tile is to be installed by either thickset or thin-set methods. Immediately
after second troweling, and when concrete is still plastic, slightly scarify surface
with a fine broom.
G. Nonslip Broom Finish: Apply a nonslip broom finish to surfaces indicated and
to exterior concrete platforms, steps, and ramps. Immediately after float
finishing, slightly roughen trafficked surface by brooding with fiber-bristle broom
perpendicular to main traffic route.
3.8 TOLERANCES
A. Comply with AC1117, "Specifications for Tolerances for Concrete Construction
and Materials."
3.9 CONCRETE PROTECTION AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive
cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection,
and follow recommendations in ACI 305R for hot-weather protection during
curing.
B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot,
dry, or windy conditions cause moisture loss approaching 0.2 Ib/sq. ft. x h
before and during finishing operations. Apply according to manufacturer's
CAST-IN-PLACE CONCRETE
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CAST-IN-PLACE CONCRETE
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written instructions after placing, screeding, and bull floating or darbying
concrete, but before float finishing.
C. Begin curing after finishing concrete, but not before free water has disappeared
from concrete surface.
D. Curing Methods: Cure formed and unformed concrete for at least seven days
by moisture curing, moisture-retaining-cover curing, curing compound, or a
combination of these as follows:
1. Moisture Curing: Keep surfaces continuously moist for not less than
seven days with the following materials:
a. Water.
b. Continuous water-fog spray.
c. Absorptive cover, water saturated and kept continuously wet. Cover
concrete surfaces and edges with 12-inch lap over adjacent
absorptive covers.
2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-
retaining cover for curing concrete, placed in widest practicable width, with
sides and ends lapped at least 12 inches, and sealed by waterproof tape
or adhesive. Immediately repair any holes or tears during curing period
using cover material and waterproof tape.
3. Curing Compound: Apply uniformly in continuous operation by power
spray or roller according to manufacturer's written instructions. Recoat
areas subjected to heavy rainfall within three hours after initial application.
Maintain continuity of coating and repair damage during curing period.
3.10 FIELD QUALITY CONTROL
A. Testing Agency: Engage a qualified independent testing and inspecting
agency to sample materials, perform tests, and submit test reports during
concrete placement according to requirements specified in this Article. Perform
tests according to ACI 301.
B. Testing Agency: Owner will engage a qualified independent testing and
inspecting agency to sample materials, perform tests, and submit test reports
during concrete placement. Tests will be performed according to ACI 301.
1. Testing Frequency: Obtain at least one composite sample for each 100
cu. yd. or fraction thereof of each concrete mix placed each day.
3.11 REPAIRS
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A. Remove and replace concrete that does not comply with requirements in this
Section.
END OF SECTION 03301
CAST-IN-PLACE CONCRETE
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SECTION 05500 - METAL FABRICATIONS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS:
Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division-1 Specification sections, apply to work of this section.
1.02 DESCRIPTION OF WORK:
A. Definition: Metal fabrications include items made from iron and steel shapes,
plates, bars, strips, tubes, pipes and castings which are not a part of structural
steel or other metal systems specified elsewhere.
B. Extent of metal fabrications is indicated on drawings and schedules.
C. Types of work in this section include metal fabrications for:
1. Miscellaneous framing and supports.
1.03 QUALITY ASSURANCE:
A. Shop Assembly:
1. Preassemble items in shop to greatest extent possible to minimize field
splicing and assembly.
2. Disassemble units only as necessary for shipping and handling limitations.
Clearly mark units for reassembly and coordinated installation.
1.04 SUBMITTALS:
A. Product Data: Submit manufacturer's specifications, anchor details and
installation instructions for products used in miscellaneous metal fabrications,
including paint products and grout.
B. Shop Drawings:
1. Submit shop drawings for fabrication and erection of miscellaneous metal
fabrications. Include plans, elevations and details of sections and connections.
Show anchorage and accessory items. Provide templates for anchor and bolt
installation by others.
2. Where materials or fabrications are indicated to comply with certain
requirements for design loadings, include structural computations, material
properties and other information needed for structural analysis.
METAL FABRICATION
05500-1
METAL FABRICATION
05500-2
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PART 2 - PRODUCTS
2.01 MATERIALS:
A. Ferrous Metals:
1. Metal Surfaces, General: For fabrication of miscellaneous metal work which
will be exposed to view, use only materials which are smooth and free of surface
blemishes including pitting, seam marks, roller marks, rolled trade names and
roughness.
2. Steel Plates, Shapes and Bars: ASTM A36; 316L Stainless.
3. Steel Bar Grating: ASTM A 569 or ASTM A 36.
4. Steel Tubing: Cold-formed, ASTM A 500; or hot-rolled, ASTM A 501.
5. Structural Steel Sheet: Hot-rolled, ASTM A 570; or cold-rolled ASTM A 611,
Class 1; of grade required for design loading.
6. Galvanized Structural Steel Sheet: ASTM A 446, of grade required for design
loading. Coating designation as indicated, or if not indicated, G90.
7. Steel Pipe: ASTM A36; 316L Stainless
8. Gray Iron Castings: ASTM A 48, Class 30.
9. Malleable Iron Castings: ASTM A 47, grade as selected by fabricator.
10. Brackets, Flanges and Anchors: Cast or formed metal of the same type
material and finish as supported rails, unless otherwise indicated.
11. Concrete Inserts: Threaded or wedge type; galvanized ferrous castings,
either malleable iron, ASTM A 47, or cast steel, ASTM A 27. Provide bolts,
washers and shims as required, hot-dip galvanized, ASTM A 153.
B. Grout:
1. Metallic Non-Shrink Grout: Pre-mixed, factory-packaged, ferrous aggregate
grout complying with CE CRD-C588, Type M.
2. Non-Shrink Non-Metallic Grout: Pre-mixed, factory-packaged, non-staining,
non-corrosive, non-gaseous grout complying with CE CRD-C621. Provide grout
specifically recommended by manufacturer for interior and exterior applications
of type specified in this section.
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D. Fasteners:
1. General: Provide zinc-coated fasteners for exterior use or where built into
exterior walls. Select fasteners for the type, grade and class required.
2. Bolts and Nuts: Regular hexagon head type, ASTM A 307, Grade A.
3. Lag Bolts: Square head type, FS FF-B-561.
4. Machine Screws: Cadmium plated steel, FS FF-S-92.
5. Wood Screws: Flat head carbon steel, FS FF-S-111.
6. Plain Washers: Round, carbon steel, FS FF-W-92.
7. Masonry Anchorage Devices: Expansion shields, FS FF-S-325.
8. Toggle Bolts: Tumble-wing type, FS FF-B-588, type, class and style as
required.
9. Lock Washers: Helical spring type carbon steel, FS FF-W-84.
E. Concrete Fill:
1. Concrete Materials and Properties: Comply with requirements of Division-3
section "Concrete Work" for normal weight, ready-mix concrete with minimum
28-day compressive strength of 2500 psi, 440 Ibs. cement per cu. ft. minimum
and W/C ratio of 0.65 maximum, unless higher strengths indicated.
2.02 FABRICATION, GENERAL:
A. Workmanship:
1. General: Use materials of size and thickness indicated, or if not indicated, as
required to produce strength and durability in finished product for use intended.
Work to dimensions indicated or accepted on shop drawings, using proven
details of fabrication and support. Use type of materials indicated or specified for
various components of work.
2. Form exposed work true to line and level with accurate angles and surfaces
and straight sharp edges. Ease exposed edges to a radius of approximately
1/32" unless otherwise indicated. Form bent-metal corners to smallest radius
possible without causing grain separation or otherwise impairing work.
3. Weld corners and seams continuously, complying with AWS I
recommendations. At exposed connections, grind exposed welds smooth and
flush to match and blend with adjoining surfaces.
METAL FABRICATION
05500-3
METAL FABRICATION
05500-4
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Augusta Utilities Department
4. Form exposed connections with hairline joints, flush and smooth, using
concealed fasteners wherever possible. Use exposed fasteners of type
indicated or, if not indicated, Phillips flat-head (countersunk) screws or bolts.
5. Provide for anchorage of type indicated, coordinated with supporting
structure. Fabricate and space anchoring devices to provide adequate support
for intended use.
6. Cut. reinforce, drill and tap miscellaneous metal work as indicated to receive
finish hardware and similar items.
2.03 MISCELLANEOUS FRAMING AND SUPPORTS:
A. Provide miscellaneous steel framing and supports which are not a part of
structural steel framework, as required to complete work.
B. Fabricate miscellaneous units to sizes, shapes and profiles indicated or, if not
indicated, of required dimensions to receive adjacent other work to be retained
by framing. Except as otherwise indicated, fabricated from structural steel
shapes, plates and steel bars of welded construction using mitered joints for field
connection. Cut, drill and tap units to receive hardware and similar items.
PART 3 - EXECUTION
3.01 PREPARATION:
A. Field Measurements: Take field measurements prior to preparation of shop
drawings and fabrication, where possible. Do not delay job progress; allow for
trimming and fitting where taking field measurements before fabrication might
delay work.
B. Coordinate and furnish anchorages, setting drawings, diagrams, templates,
instructions, and directions for installation of anchorages, such as concrete
inserts, sleeves, anchor bolts and miscellaneous items having integral anchors,
which are to be embedded in concrete or masonry construction. Coordinate
delivery of such items to project site.
3.02 INSTALLATION:
A. General:
1. Fastening to In-Place Construction: Provide anchorage devices and fasteners
where necessary for securing miscellaneous metal fabrications to in-place
construction; including, threaded fasteners for concrete and masonry inserts,
toggle bolts, through-bolts, lag bolts, wood screws and other connectors as
required.
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S&P Project No. G124-01-08
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2. Cutting, Fitting and Placement: Perform cutting, drilling and fitting required for
installation of miscellaneous metal fabrications. Set work accurately in location,
alignment and elevation, plus, level, true and free of rack, measured from
established lines and levels. Provide temporary bracing or anchors in formwork
for items which are to be built into concrete masonry or similar construction.
3. Fit exposed connections accurately together to form tight hairline joints. Weld
connections which are not to be left as exposed joints, but cannot be shop
welded because of shipping size limitations. Grind exposed joints smooth and
touch-up shop paint coat. Do not weld, cut or abrade the surfaces of exterior
units which have been hot-dip galvanized after fabrication, and are intended for
bolted or screwed field connections.
4. Field Welding: Comply with AWS Code for procedures of manual shielded
metal-arc welding, appearance and quality of welds made, and methods used in
correcting welding work.
5. Setting Loose Plates: Clean concrete and masonry bearing surfaces of any
bond-reducing materials, and roughen to improve bond to surfaces. Clean
bottom surface of bearing plates.
6. Set Loose leveling and bearing plates on wedges, or other adjustable
devices. After the bearing members have been positioned and plumbed, tighten
the anchor bolts. Do not remove wedges or shims, but if protruding, cut-off flush
with the edge of the bearing plate before packing with grout. Use metallic
non-shrink grout in concealed locations where not exposed to moisture; use
non-metallic non-shrink grout in exposed locations, unless otherwise indicated.
Pack grout solidly between bearing surfaces and plates to ensure that no voids
remain.
END OF SECTION 05500
METAL FABRICATION
05500-5
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Augusta Utilities Department
SECTION 11000 - GENERAL REQUIREMENTS FOR EQUIPMENT
PART 1 - GENERAL
1.01 DESCRIPTION:
A. SCOPE:
This section specifies general requirements which are applicable to all
mechanical equipment in these specifications. The Contractor is responsible for
ensuring that all mechanical equipment meets the requirements of this section
in addition to the specific requirements of the individual equipment specification
section.
B. EQUIPMENT LISTS:
Equipment lists, presented in these specifications and as specified on the
drawings, are included for the convenience of the Engineer and Contractor and
are not complete listings of all equipment, devices and material to be provided
under this contract. The Contractor agrees to prepare his own material and
equipment takeoff lists as necessary to meet the requirements of this project
manual.
1.02 QUALITY ASSURANCE:
A. ARRANGEMENT:
The arrangement of equipment shown on the drawings is based upon
information available to the Owner at the time of design and is not intended to
show exact dimensions peculiar to a specific manufacturer. The drawings are
in part, diagrammatic, and some features of the illustrated equipment
installation may require revision to meet actual equipment installation
requirements. Structural supports, foundations, connected piping, valves, and
electrical conduit specified may have to be altered to accommodate the
equipment provided. No additional payment will be made for such revisions
and alterations.
PART 2 - PRODUCTS
2.01 SAMPLERS:
The Owner-furnished, refrigerated samplers to be installed are Model 6712FR as
manufacturer by Isco, Inc.
2.02 FLOWMETERS:
GENERAL REQUIREMENTS FOR EQUIPMENT
11 000-1
GENERAL REQUIREMENTS FOR EQUIPMENT
11000-2
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Augusta Utilities Department
The Owner-furnished, ultrasonic, recording flowmeters to be installed are Model
3210 as manufacturer by Isco, Inc.
2.03 ANCHOR SOL TS:
Anchor bolts shall be designed for lateral forces for both pullout and shear. Unless
otherwise stated in the detailed specification, anchor bolt materials shall be 316L
stainless steel.
PART 3 - EXECUTION
Installation of equipment accessories included in this section shall be as
recommended by the equipment manufacturer unless otherwise specified in the
individual equipment specification section. .
END OF SECTION 11000
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sap Project No. G124-01-08
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Augusta Utilities Department Project #70450
SECTION 11010 - INSTALLATION OF OWNER-FURNISHED EQUIPMENT
PART 1 - GENERAL
1.01 DESCRIPTION:
A. The work covered by this section includes the installation of the flow
measurement and sampling equipment furnished by the Owner. The
Contractor shall accept delivery of and install, the equipment listed below
including associated controls, hardware, and appurtenances as specified
hereon and as required for a complete operating system. The Equipment
Supplier will provide start-up and installation supervision
1.02 RELATED DOCUMENTS:
A. Drawings and general provisions of the Bidding Documents, including General
and Special Conditions apply to work of this section.
1.03 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. All pieces will be delivered to the jobsite by the Owner in the largest pieces
practical for field assembly/installation by the Contractor. All equipment shall
be kept thoroughly dry at all times and shall be stored indoors.
B. Material shall be unloaded by the Contractor in a manner that will avoid
damage and shall be stored where it will be protected. Material shall be
examined before installation and no damaged or defective material shall be
used in the work.
PART 2 - PRODUCTS
2.01 LIST OF OWNER-FURNISHED EQUIPMENT:
A. The Owner-furnished, refrigerated samplers to be installed are Model 6712FR
as manufacturer by Isco, Inc.
B. The Owner-furnished, ultrasonic, recording flowmeters to be installed are I,
Model 4210 as manufacturer by Isco, Inc.
C. See installation plans for job-specific components of above.
PART 3 - EXECUTION
3.01 INSTALLATION:
INSTALLATION OF OWNER-FURNISHED EQUIPMENT
11010-1
INSTALLATION OF OWNER-FURNISHED EQUIPMENT
11010-2
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Augusta Utilities Department Project #70450
The equipment shall be installed and tested under the direction of factory trained
personnel. The installation shall be certified by the manufacturer in writing.
The equipment shall be installed in accordance with the manufacturers installation
instructions and in compliance with all OSHA, local, state, and federal codes and
regulations.
3.02 FIELD MECHANICAL TESTING:
Field testing of the equipment by an authorized technical representative of the
equipment manufacturers will be performed to demonstrate that the equipment was
not damaged during storage, transportation, or installation; also that the equipment
is properly calibrated, and that there are no mechanical defects in any parts
3.03 FIELD PROCESS PERFORMANCE TESTING:
Performance tests will be conducted to demonstrate full compliance with the
functional requirements of each system.
The test procedure will be run under the direct responsibility of the Equipment
Supplier.
3.04 OWNER-FURNISHED EQUIPMENT INSTALLATION AND TESTING
SCHEDULING:
Initial job site visits for the purpose of equipment installation inspection, field testing,
and performance testing procedures are to be scheduled with the manufacturer's
representative. The schedule should include where possible, multiple job site
locations to maximize time availability of representative.
END OF SECTION 11010
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Augusta Utilities Department Project #70450
SECTION 11206 - PALMER-BOWLUS FLUMES
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Palmer-Bowlus flumes.
1.2 RELATED SECTIONS
1.3 REFERENCES
A. ASTM D 638 - Standard Test Method for Tensile Properties of Plastics.
B. ASTM D 790 - Standard Test Methods for Flexural Properties of
Unreinforced and Reinforced Plastics and Electrical Insulating Materials.
C. ASTM D 2583 - Test Method for Indentation Hardness of Rigid Plastics by
Means of a Barcollmpressor.
1.4 SUBMITTALS
A. Submit under provisions of Section 01800.
B. Product Data: Test results of representative fiberglass reinforced plastic
laminate.
C. Shop Drawings: Show:
1 . Critical dimensions, jointing and connections, fasteners and
anchors.
2. Materials of construction.
3. Sizes, spacing, and location of structural members, connections,
attachments, openings, and fasteners.
4. Color(s).
D. Samples: 8-inch square sample of representative fiberglass reinforced
plastic laminate.
E. Manufacturer's installation instructions.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Store products indoors or in weather protected area until installation.
Protect from construction traffic and damage.
PART 2 - PRODUCTS
2.1 MANUFACTURER
A.
B.
The product shall be as manufactured by TRACOM, Inc.
Requests for substitution must be made in writing and received by the
engineer's office a minimum of ten (10) business days before bid opening.
PALMER BOWLUS FLUMES/Rev. 11/02
11 206-1
PALMER BOWLUS FLUMES/Rev. 11/02
11206-2
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Substitutions shall be made in accordance with the provisions of Section
01002.
C. Substitutions: Manufacturers not pre-approved shall not be allowed.
O. Warranty: Flumes shall be warranted to be free of defects in workmanship
and materials for a period of two years from shipment.
2.2 PALMER-BOWLUS FLUMES
A. Flume Type: Provide flumes of the following type(s):
1. Permanent type (40+ 1" length): Size: as indicated on the plans,
Provided with integral anchor clips drilled for 3/8" connection, minimum
two (2) per side, maximum center to center spacing 18 inches.
B. Materials:
a. One-piece, fiberglass reinforced plastic.
b. Gloss inside surfaces, free of irregularities.
c. Minimum 3/16 inch wall thickness.
d. Minimum 30%-glass by weight.
e. Isophthalic polyester resin.
f. Pultruded fiberglass reinforced plastic bracing at top of flume (inlet and
outlet), T-304 stainless steel hardware.
g. 2 inch (minimum) top flanges
h. Molded-in stiffening ribs, maximum 12 inch center to center spacing.
i. 15 millsophthalic U.V. resistant gel coat on all surfaces.
j. Anchor clips drilled for 3/4 inch, pultruded fiberglass reinforced plastic.
k. Tensile strength (ASTM 0638): 14,000 PSI.
I. Flexural strength (ASTM 0790): 27,000 PSI.
m. Flexural modulus (ASTM 0790): 1,000,000 PSI.
n. Barcol hardness (ASTM 02583): 50.
C. Options:
1. Removable T-304 3/8 inch 0.0. stainless steel sample tube.
2. 1 3/4 inch T-304 stainless steel ultrasonic mounting stand (for 3/4 inch
NPT sensor).
3. Inlet and / or outlet pipe stubs with flexible boots and T-316 stainless
steel bands.
4. Bull's-eye level.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that the flume dimensions are correct and project conditions are
suitable for installation. Do not proceed with installation until condition
deficiencies have been corrected.
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Samplers for Industrial Customers
Augusta Utilities Department Project #70450
3.2 INSTALLATION
A. Install products in accordance with the plans.
B. Ensure that the product is installed plumb and level.
C. Set the flume at the elevation indicated on the plans.
D. Embed flume in concrete; pour concrete in maximum 12 inch lifts;
internally brace the flume as necessary to ensure bowing does not occur.
E. For additional installation instructions refer to latest revision of document
PB-1.
3.3 ADJUST AND CLEAN
A. Clean surfaces in accordance with the manufacturer's instructions.
B. Remove trash and debris, and leave the site in a clean condition.
END OF SECTION OF SECTION 11206
PALMER BOWLUS FLUMES/Rev. 11/02
11206-3
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sap Project No. G124-01-08
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Augusta Utilities Department Project #70450
SECTION 11210 - METERING MANHOLES
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Metering manholes.
1.2 RELATED SECTIONS
Section 03301 - Cast-in-place concrete
1.3 REFERENCES
A. ASTM C 581 - Practice for Determining Chemical Resistance of Chemical
Thermosetting Resins Used in Glass-Fiber Reinforced Structures Intended
for Liquid Service.
B. ASTM D 638 - Standard Test Method for Tensile Properties of Plastics.
C. ASTM D 695 - Test Methods for Compressive Properties of Rigid Plastics.
D. ASTM D 790 - Standard Test Methods for Flexural Properties of
Unreinforced and Reinforced Plastics and Electrical Insulating Materials.
E. ASTM D 2583 - Test Method for Indentation Hardness of Rigid Plastics by
Means of a Barcollmpressor.
F. ASTM D 2584 - Test Method for Ignition Loss of Cured Reinforced
Resins.
G. ASTM D 3753 - Standard Specification for Glass-Fiber Reinforced
Polyester Manholes.
H. AASHO H-20 - Axial Loading.
1.4 SUBMITTALS
A. Submit under provisions of Section 01800.
B. Product Data: Test results of representative fiberglass reinforced plastic
laminate.
C. Shop Drawings: Show:
1. Critical dimensions, joil}ting and connections, fasteners and anchors.
2. Materials of construction.
3. Sizes, spacing, and location of structural members, connections,
attachments, openings, and fasteners.
4. Color(s).
D. Samples: 8-inch square sample of representative fiberglass reinforced
plastic laminate.
E. Manufacturer's installation instructions.
METERING MANHOLES/Rev. 11/02
11210-1
METERING MANHOLES/Rev. 11/02
11210-2
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Augusta Utilities Department Project #70450
1.5 DELIVERY, STORAGE, AND HANDLING
A. Store products indoors or in weather protected area until installation.
Protect from construction traffic and damage.
B. During the loading, unloading, and storage, care should be taken to
ensure that the manhole is not dropped or otherwise damaged.
C. The manhole should be stored on a smooth surface free of sharp objects.
D. Nylon or fabric slings should be used in conjunction with a spreader bar to
lift or move the manhole.
E. UNDER NO CIRCUMSTANCES SHOULD CABLES OR CHAINS BE
USED.
F. If the manhole is stored horizontally, the manhole should be placed in
such a way as to avoid damage to the flume, cover, and end adapters.
PART 2 - PRODUCTS
2.1 MANUFACTURER
A. The product shall be as manufactured by TRACOM, Inc
B. Requests for substitution must be made in writing and received by the
engineer's office a minimum of ten (10) business days before bid opening.
Substitutions shall be made in accordance with the provisions of Section
01002.
C. Substitutions: Manufacturers not pre-approved shall not be allowed.
D. Fiberglass tanks modified for flume installation shall not be allowed.
E. Warranty: Manholes shall be warranted to be free of defects in
workmanship and materials for a period of two years from shipment.
2.2 METERING MANHOLES
A. The manhole shall be 60 INCHES in diameter. Height shall be as
indicated on the plans
B. Construction:
1. Fiberglass reinforced plastic, complying with ASTM D 3753-81.
2. Factory-assembled, ready for installation except for field-installed
equipment.
3. The exterior surface shall be relatively smooth with no sharp
projections. The surface shall be free of blisters larger than 0.5 inch
in diameter, delamination and fiber show.
4. The interior surfaces shall be resin rich with no exposed fibers. The
interior surface shall be smooth for improved corrosion resistance
and reduced sludge build-up. The surface shall be free of crazing,
delamination, blisters larger than 0.5 inch in diameter, and wrinkles of
0.125 inch or greater in depth.
5. Minimum 0.480 inches wall thickness.
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6. Integral fiberglass ladder bolted and glassed to the manhole wall with
1 1/2 inch by 1 1/2 inch pultruded fiberglass rungs with a
photoluminescent high visibility non-slip top surface and reinforced
with threaded T-304 5/6 inch diameter stainless steel rods.
7. Integrally molded inlet and outlet PVC or fiberglass pipe laminated to
both the interior and exterior surfaces of the manhole.
8. Flexible PVC boots with stainless steel bands to connect manhole
pipe stubs to existing pipe.
9. A 3/4 inch thick expanded polystyrene bead board shall be supplied
to place under the manhole on the concrete slab.
10. A four (4) inch FRP integral mounting flange shall be molded to the
base of the manhole barrel for anchoring to the manhole to the
concrete slab.
11. An OSHA approved "Confined Space Entry" sign shall be applied to
the interior surface of the manhole above the first ladder rung (H-20
type) or on the underside of the manhole top (dome top and
aluminum hatch types).
12. One (1) 2 inch NPT coupling to facilitate the installation of sample or
bubble tubing, electrical power, or other cabling into the manhole.
Run sample lines and electrical lines in separate conduits.
C. Materials:
1. The resins used shall be unsaturated, supplier certified, isophthalic
polyester resins. Mixing lots of resin from different manufacturers'or
"odd-lotting" of resins shall not be permitted. . Quality assurance
records on the resin shall be maintained. Non-pigmented resin is
required to allow for light or "sand" color of manhole surface in order
to facilitate easy from grade interior inspection. U.V. inhibitors shall
be added directly to the resin to prevent photo-degradation
2. 15 millsophthalic U.V. resistant gel coat on all exterior surfaces
3. Reinforcing materials shall be high performance commercial grade
with a coupling agent that will provide a suitable bond between the
glass reinforcement and the resin.
4. The manhole laminate shall consist of multiple layers of glass matting
and resin. The surface exposed to the sewer / chemical environment
shall be resin rich and shall have no exposed fibers.
5. The flume laminate shall be a minimum of 3/16 thick, with those
portions of the flume extending outside the manhole sufficiently
thickened and reinforced as necessary to withstand the forces of the
intended application.
6. Tensile strength (ASTM D 638): 14,000 PSI.
7. Flexural strength (ASTM D 790): 25,000 PSI.
8. Flexural modulus (ASTM D 790): 1,000,000 PSI.
9. Barcol hardness (ASTM D 2583): 40.
METERING MANHOLES/Rev. 11/02
11210-3
METERING MANHOLES/Rev. 11/02
11210-4
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10. Stiffness (ASTM 02412):
Manhole Lenqth (ft.) PSI
3-6 0.72
7-12 1.26
13-20 2.01
21-25 3.02
26-35 5.24
O. Manhole Type: Provide metering manholes of the following types(s):
1. 60 INCH full diameter, fully opening dome top cover rated for 1,000
P.S.F. static loading with stainless steel piano hinge, solid FRP hinge
block, stainless steel padlockable hasp, cover support bar with
locking pin on chain, and a soft neoprene sponge gasket for sealing.
2. H-20 highway loading manway reducer fully compliant with AASHO
H-20 designed to withstand a 16,000 pound vertical dynamic wheel
load purpose built to be mounted on a 60 inch diameter manhole.
The opening shall be a (select 31 3/4 inch or 22 1/2 inch opening) for
use with grade rings (or bricks) and cover (both provided by others -
unless specifically included below) suitable for H-20 loading. A T-304
pull-up automatic locking stainless steel ladder assist shall be
standard on all manholes 4 FEET 0 INCHES and greater in depth
and shall ship attached to the FRP ladder rungs.
3. Height: The manhole height shall be as follows:
a. Dome top manholes: inlet invert to surface grade plus one foot
(typical) .
b. H-20 manholes: inlet invert to surface grade minus one foot, for
the shoulder of the manway reducer top (to allow for grade rings /
bricks, frame and cover - by others unless specified in 2.2.D.2.i.a)
E. Manhole Options:
1. Two-piece construction for field assembly, including: T-304 stainless
steel connection hardware, predrilled manhole barrel connection
flanges, and silicone sealant.
2. T -304 stainless steel anchor bolts.
F. Flume Type:
1. Palmer-Bowlus, size as indicated on the plans, with integral inlet and
outlet end adapters.
G. Flume Options:
1. Removable T-304 3/8 inch 0.0. stainless steel sample tube.
2. 2 inch bushing for ultrasonic mounting stand.
3. 1 3/4 inch T-304 stainless steel ultrasonic mounting stand (for 3/4
inch NPT sensor).
4. Bull's-eye level.
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PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that the flume dimensions are correct and project conditions are
suitable for installation. Do not proceed with installation until condition
deficiencies have been corrected.
3.2 INSTALLATION
A. Install products in accordance with engineer's instructions, plans,
blueprints, etc, local codes, and in a manner consistent with the
installation instruction and recommendation of the manufacturer.
B. Ensure that the product is installed plumb and true, free of twist or warp,
within the tolerances specified by the manufacturer and as indicated in the
contract documents.
C. Nylon or fabric slings should be used in conjunction with a spreader bar to
lift or move the manhole.
D. UNDER NO CONDITIONS SHOULD CHAINS OR CABLES BE USED.
E. Excavate an area large enough to contain the manhole and the concrete
pad while allowing for sufficient space to allow for a safe work
environment.
F. Follow all OSHA requirements for open trench construction.
G. Pour a pad of sufficient width and length to support all of the manhole, the
flume, and the connecting piping. The thickness of the pad shall be as
indicated on the plans. The surface of the pad should be troweled and
level to one-eighth (1/8) inch.
H. Clean the concrete slab of all sharp objects and debris before laying the
foam pad provided with the manhole.
I. If PVC boots are provided, install them on the manhole pipe stubs before
lowering the manhole into the opening.
J. Lower the manhole onto the pad.
K. Drill holes in the foam and concrete pads to accept the stainless steel
anchor bolts
L. Check to ensure that the flume is level from side to side and from front to
back, adjust the pad and anchor bolts as necessary.
M. Connect and secure piping. DO NOT LUBRICATE THE PVC BOOTS IF
PROVIDED.
N. Grout under all section of the manhole above the slab.
O. Backfill with pea gravel, 1/4 inch to 3/4 inch in diameter, using uniform lifts
of no more than 12 inches.
P. WARNING: METERING MANHOLES MA Y BE CLASSIFIED AS
CONFINED SPACE ENTRY LOCA TlONS. CONSULT ALL
APPROPRIA TE LOCAL, STA TE, AND FEDERAL REGULA TIONS
BEFORE ENTERING.
METERING MANHOLES/Rev. 11/02
11210-5
S&P Project No. G124-01-08
Samplers for Industrial Customers
Augusta Utilities Department Project #70450
3.3 ADJUST AND CLEAN
A. Clean surfaces in accordance with the manufacturer's instructions.
B. Remove trash and debris, and leave the site in a clean condition.
END OF SECTION 11210
METERING MANHOLES/Rev. 11/02
11210-6
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Augusta Utilities Department Project #70450
SECTION 13169 - PRE-ENGINEERED ENCLOSURE
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Pre-engineered enclosures.
B. Electrical wiring and devices for pre-engineered structures.
1.2 RELATED SECTIONS
A. Section 03301 - Cast-In-Place Concrete: Concrete pad.
1.3 REFERENCES
A. ASTM C 518 - Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the
Heat Flow Meter Apparatus.
B. ASTM D 256 - Standard Test Method for Determining the Pendulum
Impact Resistance of Notched Specimens of Plastics.
C. ASTM D 618 - Standard Practice for Conditioning Plastics for Testing.
D. ASTM D 638 - Standard Test Method for Tensile Properties of Plastics.
E. ASTM D 732 - Standard Test Method for Shear Strength Plastics by
Punch Tool.
F. ASTM D 790 - Standard Test Methods for Flexural Properties of
Unreinforced and Reinforced Plastics and Electrical Insulating Materials.
G. ASTM D 792 - Standard Test Method for Specific Gravity (Relative
Density) and Density of Plastics by Displacement.
H. ASTM D 1622 - Standard Test Method for Apparent Density of Rigid
Cellular Plastics.
I. ASTM D 2583 - Standard Test Method for Indentation Hardness of Rigid
Plastics by Means of a Barcollmpressor.
1.4 SUBMITTALS
A. Submit under provisions of Section 01800.
B. Product Data: Test results of representative fiberglass reinforced plastic
laminate.
C. Shop Drawings: Show:
1. Critical dimensions, jointing and connections, fasteners and
anchors.
2. Materials of construction.
3. Sizes, spacing, and location of structural members, connections,
attachments, openings, and fasteners.
4. Color(s).
PRE-ENGINEERED ENCLOSURE/Rev. 11/02
131 69-1
PRE-ENGINEERED ENCLOSURE/Rev. 11/02
13169-2
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D. Samples: 8-inch square sample of representative fiberglass reinforced
plastic laminate.
E. Manufacturer's installation instructions.
1.5 SYSTEM DESCRIPTION
A. Size: provide an enclosure of the following type(s):
1. Size: 3 FEET 2 INCHES W x 3 FEET 2 INCHES D x 4 FEET 4
INCHES H.
i. One-piece molded construction, paneled construction shall not
be acceptable.
ii. Fully opening front access and top access doors.
1.6. DELIVERY, STORAGE, AND HANDLING
A. Store products indoors or in weather protected area until installation.
Protect from construction traffic and damage.
PART 2 - PRODUCTS
2.1 MANUFACTURER
A. The product shall be as manufactured by TRACOM, Inc.
B. Requests for substitution must be made in writing and received by the
engineer's office a minimum of ten (10) business days before bid opening.
Substitutions shall be made in accordance with the provisions of Section
01600.
C. Substitutions: Manufacturers not pre-approved shall not be allowed.
D. Warranty: Buildings shall be warranted to be free of defects in
workmanship and materials for a period of two years from shipment.
2.2 MATERIALS
B. One-Piece Molded Composite Construction:
1. Laminate: Isophthalic polyester resin and a high performance chopped
commercial grade strand fiberglass with a coupling agent that will
provide a suitable bond between the glass reinforcement and the resin,
with a minimum glass content of 25%.
i. Exterior surface: 15 mil gel coat with U.v. inhibitors and a satin
finish lightly textured and free from fiber pattern, roughness, or
other irregularities.
ii. Exterior laminate: 1/8 inch thick (minimum); chemically bonded
to the surface gel coat and encapsulating the foam core.
iii. Foam core (2.2.A.2)
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iv. Interior laminate: 1/8 inch thick (minimum); chemically bonded
to the interior gel coat and encapsulating the foam core.
v. Interior surface: White (#1540) gel coat with satin finish, and
free from exposed glass or other irregularities.
vi. Laminate properties:
1. Tensile strength (ASTM D 638):
2. Flexural strength (ASTM D 790):
3. Shear strength (ASTM D 732):
4. Barcol hardness (ASTM D 2583):
5. Impact (ASTM D 256):
6. Density / specific gravity
(ASTM D 792):
11 ,000 PSI.
18,000 PSI.
12,000 PSI.
40.
12 ft Ibs/inch.
93.6 PCF/1 .5.
2. Core:
i. Rigid closed cell, self-extinguishing, polyisocyanurate foam with
a density of 1 .8 pounds per cubic foot. Foam shall be T200
Elfoam.
ii. 1 inch thick with a minimum insulating value of R-7.
iii. Core properties:
1. Thermal conductivity
(ASTM C 518): 0.13 BTU inch / hr. SF F.
2. Density / specific gravity
(ASTM D 1622): 1.8 PCF/0.03.
3. Coupons prepared in accordance with ASTM D 618.
C. The manufacturer shall maintain a continuous quality control progra:m and
upon request shall furnish to the engineer certified test results of the
physical properties.
2.3 COMPONENTS
A. Doors:
a. Front access door: One-piece molded fiberglass construction 1 1/4
inch thick.
i. Mount door with two T -304 stainless steel 3 1/2 inch laminated
strap hinges.
ii. Door gasket: Neoprene rubber gasket with flexible lock to retain
permanent grip.
iii. Provide single-point keyed T-handle latch.
b. Top access door: One-piece molded fiberglass construction 1 1/4 inch
thick.
i. Mount door with T-304 stainless steel continuous stainless steel
piano hinge.
ii. Door gasket: Neoprene rubber gasket with flexible lock to retain
permanent grip.
c. Provide single-point keyed T-handle latch (per door).
d. Provide door support arm. Support arm shall be self-locking to ensure
against accidental closure.
PRE-ENGINEERED ENCLOSURE/Rev. 11/02
13169-3
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e. Spreader rod, T-304 stainless steel.
B. Base Mounting Flange: V4 inch thick by 3 inches wide with closed cell
neoprene sponge rubber gasket 3/8 inch thick by 2 inches wide to provide
a weather tight seal around the building perimeter.
C. Louvers:
a. Provide four, fixed ventilation louvers (one per side).
2.4 EQUIPMENT
A. Receptacle: GFCI receptacle 15A 125V, 20 A 125V feed-through, with
5mA +/- 1 mA trip threshold in weatherproof outlet box.
B. Electrical wiring in flexible, liquid tight, PVC jacketed galvanized steel
Anaconda conduit TYPE EF.
C. Coupling: 2 inch diameter opening at rear of enclosure for passage of
wiring or sample line, with threaded cap.
2.5 FINISHES:
A. Color: #1555 Whale Bone.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that the concrete slab is level, true to plane, and of the correct
dimensions to receive the structure. Correct all deficiencies before
proceeding.
3.2 INSTALLATION
A. Install products in accordance with the plans, local codes, and in a manner
consistent with the installation instruction and recommendation of the
manufacturer.
B. Move and position the shelter into the appropriate position. The neoprene
gasket should be positioned between the concrete slab and the enclosure
mounting flange.
C. After closing the enclosure door, layout the anchor bolt pattern. Drill and
set the anchor bolts starting with one on each side of the door(s). The
anchor bolts behind and in front of the door(s) should be flat head anchors
if the mounting flange is external. Drill the anchor boltholes to the depth
and diameter required by the anchor bolt manufacturer. Wedge style
concrete anchors (1/2 inch diameter x 4 112 inch length) are recommended.
D. Verify the operation of the door(s) before installing the remaining anchor
bolts.
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E. The anchor bolts should be installed on maximum 24 inch centers or as
otherwise specified.
F. Seal the flange with sealant or grout.
G. Install and test the enclosure accessories in accordance with the
manufacturers' instructions.
H. For additional installation instructions refer to latest revision of document
E9-1.
3.3 ADJUST AND CLEAN
A. Clean surfaces in accordance with the manufacturer's instructions.
B. Remove trash and debris, and leave the site in a clean condition.
END OF SECTION 13169
PRE-ENGINEERED ENCLOSURE/Rev. 11/02
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SECTION 13617 - ELECTROMAGNETIC FLOW METERS
PART 1 - GENERAL
1.01 This section specifies electromagnetic flow meters.
1.02 The following information shall be provided in accordance with Section 01800:
1. Manufacturer's product data.
2. NIST traceable calibration certificate.
PART 2 - PRODUCTS
2.01 INSTRUMENT
There shall be furnished an electromagnetic flow meter suitable for fixed-site
measurement of bi-directional flow in a full pipe. The flow meter shall consist of
a flow tube and a flow transmitter, which shall indicate, totalize and transmit flow.
The flow tube shall use a spool piece configuration with field-interchangeable
sensors containing coils and electrodes.
2.02 SPOOL PIECE FLOW TUBE AND SENSORS
A. The nominal diameter of the flow tube shall be as indicated on the plans.
B. The spool piece flow tube shall be made of polyvinyl chloride (PVC) that
conforms to National Sanitation Foundation Standard 14 for use with
drinking water. 0 ring seals shall be made of Viton, and standpipe
gaskets shall be made of Viton.
1. The flow tube shall not require an insulating liner.
2. The flow tube shall be supplied with raised face PVC flanges to
ANSI 150rf.
C. Each flow sensor shall contain a coil, a pair of sensing electrodes, and an
integral grounding electrode. External grounding rings and straps shall
not be necessary. The sensors shall use solid-state design, with the coils,
electrodes, and other sensor components encapsulated in Kynar
(polyvinlyidene fluoride (PVDF, PVF2)). The sensors shall be field- I
replaceable and field-interchangeable without the need for recalibration. . I
1. The electrodes shall be made of Type 316 stainless steel.
2. The flow tube shall use unipolar pulsed electromagnetic excitation,
with typical magnetizing current of not less than 1 A base to peak,
and frequency of not less than 2/3 of power supply frequency (40 Hz
ELECTROMAGNETIC FLOW METERS/Rev. 11/02
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for a 60 Hz power supply frequency), to ensure a high signal-to-
media noise ratio.
D. The minimum media conductivity shall be 0.5 microS/cm.
E. The flow meter shall include 2 sensors to measure mean velocity in full
pipes.
1. The mean velocity measurement range shall be from 0 to 2 feet per
second (0 to 0.6 meters per second) to 0 to 50 feet per second (0
to 15. meters per second).
2. The minimum detectable mean velocity shall be 0.02 feet per
second (0.006 meters per second).
3. The mean velocity shall be measured with a maximum error of +/-
0.005 feet per second (+/- 0.0015 meters per second) over a range
of less than 1 foot per second (0.3 meters per second), and +/-
0.5% of flow rate over a range of 1 to 50 feet per second (0.3 to 15
meters per second). A mean velocity of 0.1 foot per second (0.03
meters per second) shall be measured with a maximum error of +/-
5% of flow rate. Accuracy shall be traceable to the US National
Institute of Standards and Technology (NIST), and shall be
guaranteed on-site for applications such as drinking water, raw
sewage, and similar media, even with a permanent coating of raw
sewage or similar on the electrodes, provided that specification
parameters and installation recommendations are met. A NIST.
traceable calibration certificate shall be provided with each flow
meter.
4. The temperature coefficient shall be less than 0.05% per 10
degrees F (0.09% per 10 degrees C).
5. A non-full pipe condition shall be indicated by a user-supplied
signal into one of the contact input on the flow transmitter.
6. Maximum pressure shall be 80 psi (5.5 bar) with a maximum media
temperature of 85 degrees F (30 degrees C), 60 psi (4 bar) with a
maximum media temperature of 105 degrees F (40 degrees C),
and 15 psi (1 bar) with a maximum media temperature of 140
degrees F (60 degrees C).
F. The flow tube shall include ports to accommodate parameter sensors to
measure pH and temperature.
ELECTROMAGNETIC FLOW METERS/Rev. 11/02
13617-2
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G. The flow tube shall include a 3/4 inch (1.9 cm) NPT port for connection to
a sampler.
H. The wiring from the flow transmitter to the sensors shall be 2 separate 2-
conductor cables, 18 gauge (0.75 mm2), twisted and shielded. The wiring
from the flow transmitter to the sensors shall be 30 feet (9 m) long.
I. The flow tube and sensors shall exceed the NEMA 6P (IP68)
submersibility standard, and shall be submersible to 33 feet (10m).
2.03 FLOW TRANSMITTER
A. The flow transmitter shall be microprocessor-based, and shall contain a
keypad and a 2 line, 32 character, backlit alphanumeric liquid crystal
display (LCD) with characters 0.3 in. (8 mm) high and 0.2 in. (5 mm) wide.
The LCD shall visually prompt the user through the programming
sequence, and the flow transmitter shall include a built-in help system.
The LCD shall display flow rate and/or total flow in user-selectable units of
measure. The flow transmitter shall be capable of displaying forward,
reverse, net and grand total flows, and the totalizers shall be resettable or
non-resettable.
B. The flow transmitter shall have an input impedance of 1012 ohms.
C. The flow transmitter shall include 2 isolated contact inputs, activated by
contact closure or transistor, programmable to acknowledge alarms, reset
totalizers, select the current flow rate range in forward flow/multi range
mode, or indic'ate non-full pipe condition, rated 25 volts DC, 15 mA.
D. The flow transmitter shall include an isolated, internally powered 4 to 20
mA output into a maximum of 500 ohms. The 4 to 20 mA output shall be
programmable to operate in either forward flow rate, forward flow
rate/multi range, bidirectional flow rate, or bidirectional flow rate/split
range mode.
1. In forward flow rate mode, 4 mA shall represent zero flow rate, and
20 mA shall represent the programmable maximum forward flow
rate.
2. In forward flow rate/multi range mode, up to 3 different flow rate
ranges shall be programmable, with the current range selected by
user-supplied signals applied to the contact inputs.
3. In bidirectional flow rate mode, independent maximum forward and
reverse flow rates shall be programmable, with flow direction I
indicated by a relay output.
ELECTROMAGNETIC FLOW METERS/Rev. 11/02
13617-3
ELECTROMAGNETIC FLOW METERS/Rev. 11/02
13617-4
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4. In bidirectional flow rate/split range mode, 4 mA shall represent the
programmable maximum reverse flow rate, 12 mA shall represent
zero flow rate, and 20 mA shall represent the programmable
maximum forward flow rate.
E. The flow transmitter shall include a 2 wire solid-state pulse output,
internally powered, rated 25 volts DC, 80 mA. The pulse output shall be
programmable to operate in either scaled or frequency mode.
1. Scaled mode shall be used for totalizing, with a programmable
maximum frequency of 5, 10 or 100 Hz and a corresponding pulse
width of 100, 50 or 5 ms, respectively.
2. Frequency mode shall be used for rate indication, with a square
wave output programmable from 0 to 1,000 Hz to 0 to 10,000 Hz.
F. The flow transmitter shall include 2 isolated, normally open relay contacts,
activated based on reverse flow, high or low flow rate, total flow, or
diagnostic errors, rated 60 volts DC, 30 volts AC RMS, 3 A resistive.
G. The flow transmitter shall be Factory Mutual (FM) Approved for use in
ordinary locations. The flow transmitter shall be CE Marked.
H. The flow transmitter shall operate on 120 V AC, 50/60 Hz line power.
Typical power consumption shall be 10 W, including the sensors.
I. The flow transmitter shall be housed in a rugged, watertight, dust-tight,
corrosion resistant (NEMA 4X and IPq5) cast aluminum, epoxy painted
enclosure suitable for conduit connections. The enclosure shall include a
polycarbonate window for viewing the LCD without opening the enclosure.
END OF SECTION 13617