HomeMy WebLinkAboutMABUS BROTHERS CONSTRUCTION GORDON HWY 16" WATER MAIN PHASE 1 (PROJECT #10156 �� �°��� ���
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Contract Documents � Specifications
Rrepared For:
AUGUSTA UTILfT1ES DEP'i'.
360 Bay Street - Suite 180
Augusta, GA 30901
Prepared By:
JAMES G. SWIFT S� ASSCICIATES
Consulting Engineers
1206 Interstate Parkway
Augusta, GA 3Q909
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TABLE OF CONTENTS
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' DESCRIPTION PAGE #
Instruction to Bidders IB-1 to IB-2
' Proposal P-1 to P-4
' Bid Bond BB-1
Agreement A-1 to A-3
' Notice of Award NOA-1
Notice to Proceed NTP-1
' Change Order CO-1
Performance & Labor and Material Payment Bonds PB-1 to PB-4
' General Conditions 1 to 52
' Supplementary General Conditions SGC-1 to SGC-3
Special Conditions SC-1 to SC-3
' Technical Specifications 1 to 24
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INVITATION TO BID
' ' Ri hmond Coun includin
SEALED BIDS for the construction of water system improvements along Gordon Hwy., m c ty, g
together with appurtenances, hereinafter referred to by project name as
' Gordon Hwy. 16" Water Main - Phase /
Bid Item #
' will be received by:
AUGUSTA COMMISSION
' hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until
.m. on the day of , 20 , at which time all bids will be publicly opened and
read in the presence of those interested.
' All work shall be in accordance with the contract documents of James G. Swift & Associates hereinafter referred to as
the Engineer.
, Bids shall be addressed to Au usta-Richmond Count Commission, c/o Geri A. Sams, Purchasing Director, Municipal
9 Y
Building, Augusta, Georgia 30911, marking the envelope "Gordon Hwy 16" Water Main = Phase I, Bid Item
' #
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.
No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. A 10% bid
' bond is required to be submitted in a separate envelope so marked along with the bidders qualifications; a 100%
performance bond, and a 100% payment bond will be required for award.
, The Owner resenres the right to waive any informality in bidding and to reject any or all bids.
Any objections to the specifications as set forth should be filed in writing prior to bid opening.
, GERI A. SAMS, Purchasin Director
9
' Published:
Augusta Chronicle:
, cc: Tom Wiedmeier - Augusta Utilities Dept.
Stanley Aye - Augusta Utilities Dept.
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' INV-1
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INSTRUCTION TO BIDDERS
' IB-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.
' IB-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.
IB-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 Geri A. Sams, Director of
Purchasing, Room 605 - Municipal Building, Augusta GA 30911, and to be given consideration must be
' received at least seven 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.
IB-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.
' 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 wholty 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 all cases.
' IB-05 BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and coverthe
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.
' IB-1
/' .-' J!-�
G E� O R G T A
Attachment B
You Must CornnleiQ and R�tur� al� 3 pa�ez of Attachment B with YouT Sub.,�i3tal. Document i4i ust Be No#arizaC.
Ciry uf Augusta Procurement Department
pTTN; procurement Director
530 vreene Street Suite 605
Augusta, Georgia 30901
Namg of Bidder: � � r� • S� hG '
SVeet Address: 9 �� O •
Ciry, State, Zip Code: d . l
Phone: — �' Fax: � " 7�� Email: � ��OiO e bt1� � �
Do You Have A Business License? Yes: ✓ No:
Business License # for your Company (Nlust Providel LC('�a 99 �'S4 •
Company must be Iicensed in the Govemmental entityfor where they do the majority of their business. If your Govemmental enEity (State or Locai)
does not require a buslness license, your company wiA be required to obtain an Augusta Richmond County business license if awarded a
Bid/RFP/RFQ. For further infoRnation contact the License and Inspectlon Department @ 706 312-5162. n /�
List khe State. Citv & Countv that issued vour ticense �US�.. �..�ic� Md/I l.�• �� �'C
Acfcnowledgement of �ddenda: (#1) ✓: (#2)� : (#3) : (#4) : (#5) : (#6) : (#7) : (#8) :
';,` NOTE' CHECK APPROPRIATE BOX(ESl- ADD ADDIT]ONAL NUMBERS AS APPLIGABLE
Stat�ement of Non-Discrimination ,
The undersigned understands that it is the policy of Augusta, Georgia to promote full and equa{ business
'�; oppartunity for all persons doing business with Augusta, Georgia. The undersigned.covenants that we have not
discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting,
subrontracting or partnering opportunities.
';'.' The undersigned covenants and agrees to make good faith efforts to ensure maximum practfcable
parficipation of locat small businesses on the bid or contract awarded by Augusta, Georgia. The undersigned
'�x further covenants thatwe have completed truthfuily and fuily the required forms regarding good faith efforts and
,, local small business subcontractoNsupplier utitization. �
The undersigned further covenants and agrees not to engage in discriminatory conduct af any type
aga�inst local sma ll businesses, in con form i t y wi th Augus ta, Georgia's Loca l 5ma 1 1 Business Oppo rtuni t y
Pro,yram. Set forth below is the signature of an officer of the bidding/contracting entity with the author�tyto bind
, . the e.ntity.
The undersigned acknowledge and warrant that this Company has been made aware of understands
and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to
' do business with this Company;
That this promise of non-discrimination as made and set forth herein shall be continuing in nature and
>:< shall remain in full force and effect without interruption;
� That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed
�o be made as part of and incorporated by reference into any contract or portion thereof which this Company
;, may hereafter obtain and; .
, That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as
macie and set forth herein shall constitute a mate�ial breach of contract entitling Augusta, Georgia to declare the
,,,, contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation
' ,,; of tt�e contract, termination of the contract, suspension and debarment from future contracting opportunities, and
�; �vith�holding and or.forfeiture of compensation due and owing on a contract:
'� Emergency Bid 11-140 Gordon Hwy 16" Water Ma+n
� ';, Page 9 of 14
�s::
, 5,-.
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Attachment B- Page 2 of 3
Non-Coliusion of Prime Bidder%Offeror
By submission of a bid, the vendor certifes, under penalty of perjury, that to the best of its knowledge and
belief:
(a) The prices in the proposal have been arrived at independently without coliusion, consultation,
communications, or agreement, for the purpose of �estricting competition, as to any matter relating to such
prices with any flther vendor or with any competitor.
(b} Unless otherwfse required by. law, the prices which have been quoted in the proposa( have not been
Knowingly discfosed by #he vendor prior to opening, directiy or indirectly, to any other vendor or to any
competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or
corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and
fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States
Justice Department.
Conflict of Interest
By submission of a bid; the responding firm certifies, under penalty of pe�jury that to the best of its
knawledge and befief:
�` 1. �lo circumstances exist which cause a Conflict of Interest in performing the services required by this
(TB, and
�':, 2. That no employee of the County, nor any member thereof, not any pubiic agency or official affected by �
this ITB, has any pecuniary interest in the business of the responding firm or his sub-consultant(s) has any
int�rest that would conflict in any manner or degree with the performance related to this ITB.
'�'�' By submission of a bid, the vendor cert�es under penalty of pe�jury, that to the best of its knowledge and
belief:
' h :
(a� The prices in the bid have been arrived at independently without collusion, consultation,
communications, or ag�eement, for the purpose of restricting competition, as to any matter relating to such
" prices with any other vendor or with any competitor.
' (b� Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly
been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor.
' c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or
cooperation to submit o� not to submit a t�id for the purpose of restricting competition. For any breach or
vialation of this provision, the County shall have the right to terminate any related contract or agreement
'��` wi�hout liability and at its discretion to deduct from the pr'tce, or otherwise recover, the fuN amount of such
fee, commission, percentage, gift, payment or consideration.
, '�°' You Must Complete and Return all 3 aaaes of Attachmeni S wiih Your Submiital. Document �lus; Se 1�otarized.
'
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' Emergency Bid 11-140 Gordon Hwy 16" Water Main
Page 10 of 14
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'
PROPOSAL
' Wastewater Collection Sewer System Improvements Upper Butler Creek Extension
'
Augusta Commission
' Municipal Building
Augusta, Georgia 30911
' Gentlemen:
The undersigned as bidder, herein referred to as singular and masculine, declares as follows:
' 1. The only parties interested in the proposal as principals are named herein;
' 2. He has carefully examined and fufly understands the Contract Documents, including the drawings
and technical specifications;
3. He understands that information relative to existing structures and underground utilities as
' furnished to him on the drawings, Contract Documents or by the Augusta Utilities Dept.
Engineer/Director, carries no guarantee expressed or implied as to its completeness or accuracy
and he has made due allowances therefor;
� 4. He has made a personal examination of the site of the proposed work and has satisfied himself as
to the actual conditions and requirements of the work;
� 5. He agrees to hold the Owner harmless for accidents or damage to property;
' 6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos
containing material removal and disposal; Regulations regarding disposal of all debris; OSHA
Requirements.
' 7. He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal
Form.
' 8. He will maintain the site as reasonably clean as possible by not allowing debris to accumulate
before making trips to his disposal site. Debris must be hauled on a regular basis to avoid
excessive accumulation. Materials sold for salvage shall not be retained on site.
' 9. He will not burn any materials on site without written approvals from proper authorities.
� 1(). He will furnish the Owner with a detailed schedule of demolition and removal including disposal
sites, names of all subcontractors, State and local license information.
� and hereby proposes and agrees that, if the Proposal is accepted, he will contract with the Augusta
C�mmission to furnish all machinery, tools, apparatus and other means of construction and to do all work
and furnish all materials called for in accordance with the requirements of the Augusta Utilities Dept.
' Engineer/Director and the true intent of the Contract Documents and that he will take in payment for each
item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below.
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� P-1
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LUMP SUM CONSTRUCTION
' • Mobilization, Demobilization
• Bonds, Insurance
' • Rerriove and reset signs, type varies
• Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion
control structures)
' • Silt Fence, Type "C"
. Traffic control
' . Miscellaneous grading
. Permanent Grassing
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' P-3
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. --#� �� Do�um�nt A31 OT� - 2-010 � .
1 .
B�d Bond
1 CONTRACTOR: SURETY:
(lJcrme, legal st¢h�s and adelress} (Name, legal staftrs ar�a' principal pt�e
' of vusiness) '
Mabus Brothers Construction Co., Ina United States Surety Company pbDITIONS AND DELETtONS:
920IvIol1}� Pond R�d P. c�. Box 5605 Th� auth,x of this:document hes
Augusta„ GA 30901 Timonium, MD 21094 edded'Ynformation needed for its
' , completiaY. The authar may also
have revasedthetext aFthe original
OVYNER: AIA stan�ard torm, An Addlt/ons and
(hTame, Zegal stah[s and address) Detefions Reportthat notes added
Augusta Purchasing Department infameti�n as.wetl a§ revisions to
' S30 Green Street, �oom 605 thesfandard fbcm text is available
A.ugtuta, GA 30901 fram the aukhor and sha�ld be
reviewed. A vertical Gne in the left
' � BOND AMOUNT: $ Ten (10'io} Percent of Principal's Bid mergin aF Chis document indicates
wfiece the author bas added
P�OJECT: necessary infcxmation end where
(1'+Iame, locatiort or address, and Project number, if an}? the author has added to or deleted
' Gordon Highway 1 G" watermain, Phase 1 Emetgency Bid No. 11-14Q irom the arigirtal AlAtext.
Au do�� �ghway This dbcument has importanf legal
�
consequences. Consultation with an
' ettarney is ehcoureged with �espect
The Contrnctor and Surety are bound to the Owner in the amonnt set forth above for the to its comptetion or modification,
payment of ��vhich the Contractor and Surety bind themselves, their heirs, eaecutors, �►Ysingular reference to
' aciministrators, successors and assigns, jointly and severaliy, ss provided herein. The Cantcackor, Surety, owner or ofher
conditions of this Bond are such that if the Owner accepts the bicl of the Contractar P�Y shail be Consideced plural
within the timespecified in the bid,docUments, or within such time period as may be where applica6le.
a�eed t�by the Owner and Contractor, and the C�tractor either (i) enters into a
' contract v�rith the Owner in accordance with the terms of such bid, and gives such bond or
bcmds as may be specified in the bidding cr Confiract.Documents, with_a sEUety admitted
in: the jurisdicti� of the Project and otherwise acceptable to the Owner, for the faithful
perforrnance of such C�iract and for the prompt payment of labor and material fumished
' in: the prosecution thereof; or (2) pays to the Orvner the difference; no� to exceed the
am ount of'this Bond, between the amount specified in said bid and such larger amount
f�r which the Owner may in good faith conf�act with another party-to:perfamn the work
' cotrered by said bid, then this obligation shall lie null and void, otherwise to remain:in full
f�rce and effect. The Surety hereby waives any notice of an agreement between the
Owner and Contractor to extend the time in which the Qwner may acceptthe bid Wai�=er
oi" notice by the Swrzty shall z�ot appl� to-any extension exceeding si�ty (6a): days in the
' a�gregate beyond tha time for acceptance of bids specified in the bid documents, and the
Owner and Cantractor shall obtain the Surety's,consent for an e7cfe�nsion beyond sixty
(Ei0) days.
' If`t}us Bond is issued in connection with a subcontrac�'� bid to a Car�.tractoz,'the ternt:
Gontractor in this Bond shall be deemed to-be Snbcontractor and the term Owner shall be
d�emed ta be Contractor.
' VSI}�en this Bond has been ftunished to comply:with a stakutory or other },egal r�quirement
ir� the location of the Project, ariy pravisior� in this Bond canflictang with said statutory or
legal requirement shail be deemed deleted herefrom and provisions conforming to such.
' Init. A�A Document A310T"� —�010. Copyright m`19G3, 1870 and 201 Q by The Americen Instit�ite of Arehitects, All rights reserved. k4ARNiNG: 'this AIA�'
Documens is'pmtected by U.S. CopyrigM Law and Intemational 7reaties. Unaucharized repmductioit ar di�trfAution ofthis AIA� Document, or any ,�
pnrtion of It, may resuit in severe ciuil arid cdmina[:p�na)Ues; and wip be prosecuted to fhe maximum exie�rt possibte untlerthe law. This document
' � wasproduced byAlA software at 06:56:t2 on 09/01f2011 unde� Order No:1108804745 1 Whicd expiras o0 07/12/2012, and is not for resale.
User Notes:
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AMERICAN CONTRACTORS INDEMMTY COMPANY UIVITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
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KNOW ALL MEN BY THESE PRESENTS: That Amencan Contractors Indemnity Company, a California corporation, United States
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' its true and lawful Attorney(s)-in-fact, each in their sepaxate;capacity if more than one is named above, with full power and authority
h�re: �conf�rr�i -its name, place and�e� �Q e���cnowledge and del' �er, x an �,�atipb; ': ds, recognizances�un�rtaki�s��
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ey p , ° T'his Power of Attorney is gra��i u�� an�" by
authority of:the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall .be and is<hereby vested with full
' pawer and suthont�,to appoint any one or more su�table persons as Attomey(s)-in-Fact to represent and act for and an behalf of the Company subject to the followin _
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��orripany"s liab3Pty therbunder, and any such��i����Qru�ri�'�i� ��U�S ezecuted by any such� Attorney-i�t s�e bin�ng upon the Company as if �' d� by- resident �
and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seai of the Companyheretofore or hereafter affixed to any power of attomey or any certificate relating
the;eto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and bindirig upon the Company with respect to
any b�nd or un��o which it is attached = a I � � � i ���q�l '��I � Vl�'ll I �j�, �',^= = _
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' _ � ..` � �' — �_ �_ ry p I � I �,I 11i�m1 ����III��� Illil�i�il ���IiII�I�Ii Il �,� � _�
=��ri�h�s.-°15 �1ayb�'June, 2009, bef��e,��n�, nota ublic, �iersonal!I}���.appeared �Daniel P. Aguilar;�ice=�sid�of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Gompany who proved to me
' on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me,that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the enrity upon behalf of
�v�ieh-the �s�cted, executed the ns� ; -,�ument � �, III��I�IIVI�4 a � _ __ � _ � -
_ �: �._ �. — �i�lll' QI�I)��� I I � ��':� I l i� I� � i I IIV� i'lll� � i� � � — — � ��
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, �-�VITi��S my hand and official seal':����li�lt�i� �iiidu,��i��� 4r,,, , =— :_ = -- - • - �.
-- - _ �
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' �ns��ee Cam any, do hereby certi�ia�oe�a��`oregoing is a true �a'�d c�'�s� ���co�y� of a�ower ofAttorne�cec�y�cf�
Companies, which is still in full force and effect; furthermoie, the resolutions of the Boards of Directors, set out in the Power of Attomey
are in full force and:effect: - -'
In Witness W_he�f, I have hereunto set my hand and affi ed the seals of said Companies at I�-Angetes, California this da� `
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_ — _ _ –� _– �41i�,�q�l��i ���li �I � � _ — _ ---
AGREEMENT
THIS AGREEMENT, made on the � day of ��T , 20�, by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, party of the first part, hereinafter called
the OWNER, and MABUS BROTHERS CONSTRUCTION CO., INC,, party of the second part, hereinafter
called the CONTRACTOR.
_ WITNESS TO, 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:
Gordon Hwy. 7 6" Water Main, Phase 1
- 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.
_ ARTICL.E II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be perFormed under this Contract shall be commenced within 10 calendar days after
receipt of written notice by the Owner to the Contractor to proceed. All work shall be completed within 150
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 of the
consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred & No/100
($500.00) Dollars, 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.
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.
A-1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in five (5� counterparts, each
of which shall be deemed an original, in the year and day first mentioned aboue.
'��� �°�'� AUGUSTA GEORGIA
: (SEAL) �,� �� � r�-�-,.� ��� ; �
�, ,¢�._ ,, �
.ATT , � �- �„o� � �' w� �� � �
`� � ° °•• �� a By: � �,--------.._
As its Mayor
� � � • ;� � �6�� � �
� �� fer ' � o �`� � ,�� � : o
F��Q -i `',a �- o ' ��
� _ o � � ((���j���
Witne�� ' . 196 � A
� �� k , '
°O �wa�ae� • Q�
����� �0�.��� ���
(S�AL) MABUS BROTH S CO N C ., INC.
ATTEST:
� `�Ll �C C� By.
��� As it L oolsb VP
Secr tary
Address: g20 Molly Pond Road
it e Augusta, GA 30901
A-3
' ��', OP ID: RG
' °� °Q CERTIFICATE OF LIABILITY INSURANGE ° �'�` M "" ° �""" ,
10/10/11
' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A C�NTRACT BETWEEW THE ISSUING INSURER{Sy, AUTHORIZEO
REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER.
' IMPORTANT: If the certificate hoider is an ADDITIONAL INSURED, the policy�ies) must be endorsed. If SUBRQGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of wch endorsement s.
PRODUCER n�-396-�sOO CONTACT
, Snellin s Watters nc IfIC. NAME:
� � y ' 770-399-988t? PH�NE F,vc
1117 Perimeter Ctr West W-101 ac No :
Atlanta, GA 30338 E-MAIL
Eric Levine ° s:
PRODUC� MABUS-1
, INSURER S AFFORDING COVERAGE NAIC �
�r,suRm Mabus Brothers Construction Co ir►suReRa:Cincinnati Insurance Com n 10677
920 Molly Pond Rd �NSUReR s:Travelers Insurance 25674
Augusta, GA 30901
INSURER C :
' INSURER D : -
INSURER E:
' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERtOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS �F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
' INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
PO I UM ER LIMITS
GENERAL LIABiLITY EACH OCCURRENCE S ��OOO,
A X COMMERCIAL GENERAL LIABILITY CPP0836426 OBI3O/�'I 0613Q/12 pREMISES Ea occunence S �OO�OO
' CLAIMSMAOE � OCCUR MED IXP (Any one persai) $ S�OO
PERSONAL & ADV INJURY $ ') �OOO,OO
GENERALAGGREGATE $ Y�OOO�OO
' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Y,OOO�
POLICY PR � LOC S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ �,OOO�OO
(Ea accident)
A X ANY AUTO CPA0836426 06/30/11 06/30/12 BODILY INJURY (Per person) S
' ALL OWNED AUTOS BODILY INJURY (Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE $
HIRED AUTOS (Per accident)
NON-OWNEO AUTOS S
' $
UMBRELLA LIAB X pCCUR EACH OCCURRENCE $ S,ODO
EXCESSLIAB CLAIMS-MADE AGGREGATE $ S�OOO�
' A CPP 0836426 O6/30111 O6(30/12 •
DEDUCTIBLE S
RETENTION $ $
WORKERSCOMPENSATION X ORY LI� S � R
AND EMPLOYERS' LIABILITY
B ANYPROPRIETOR/PARTNEWEXECUTIVE Y � DT-UB-0743R311-1-11 06/30/11 �s/$0/�Z EL.EACHACCIDENT S �e
' OFFICER/MEMBER BXCLUDED? N � A
(Mandatory in NH) EL DISEASE - EA EMPLOYE S �,��,�
If yes, describe under
�ESCRIPTION OF OPERA710NS below E.l. DISEASE - POLICY UMIT S �,���
' DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101 Addkional Remarks Schedule, ff more spaee is required)
RE• Gordon Highway 16" Water Main - Phase 1, Gordon �lighway, Augusta, GA
Certiflcate Holder and Owner are included as Additfonai Insureds with
respects to General Liability where required by written conb with �e
I Named Insured. Waivers of Subrogabon on the General Liability and Workers
CERTIFICATE HOLDER CANCELLATION
AUGUS-5
' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
AUguSta, Georgia ACCORDANCE VNITH THE POLICY PROVISIONS.
Augusta Utilities Department AUTHORI�DREPRESENTATIYE
' 360 Bay Street, Ste 18d }
Augusta, GA 30901 ���/ �. ;� ����
��3t.
m 1988-2009 ACORD CORPORATION. Ali rights reserved.
' ACORD 25 {2009/09) The ACORD name and logo are reglstered marks of ACORD
P �cu
- NOTICE OF AWARD
� o .�
DATE:
CONTRACTOR: MABUS BROTHERS CONSTRUCTION CO., INC.
ADDRESS: 920 MOLLY POND RD
AUGUSTA GA 30901
Ciry State Zip Code
PROJECT: Gordon Hwy 16" Water Main, Phase I PROJECT NO: 10156
At a meeting of the held on (Date)
you were awarded the Contract for the following Project:
Enclosed piease find FIVE (5) copies of the Contract Documents for your execution. Please complete the
pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office within
10 days from the date of this letter, excluding Legal Holidays.
The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
Very truly yours,
Augusta Program Management Team
Project Engineer
Reciept of this NOTICE OF AWARD is hereby acknowledged this, the day of , 2003
Contractor By Title
Please sign and return one copy of this Notice of Award Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180 �
Augusta, GA 30901
NOA-1
w G
NOT/CE TO PROCEED
�R
DATE:
TO: MABUS BROTHERS CONSTRUCTION CO., INC.
Attn: Larry Goolsby
920 Molly Pond Road
Augusta, GA 30901
PROJECT: Gordon Hwy 16" Water Main, Phase I PROJECT NO: 10156
You are hereby notified to commence WORK in accordance with the Agreement dated
on or before , and you are to complete the WORK within 150
consecutive calendar days thereafter. The date of completion of ail WORK is therefore
Very truly yours,
Augusta Program Management Team
Project Engineer
Receipt of this NOTICE TO PROCEED is hereby acknowledged
This, the day of ,
Contractor:
By:
Title:
Please sign and return one copy of this Notice to Proceed Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180
Augusta, GA 30901
- CONSTRUCTION CONTRACT CHANGE ORDER
CO NUMBER
BID ITEM 11-140
DATE
— PROJECT TITLE Gordon Hwy 16" Water Main. Phase I
ORIGINAL CONTRACT DATE PROJECT NUMBER 10156
OWNER AUGUSTA COMMISSION PO NUMBER
The following change is hereby made to the contract for the above project:
Description of Change (for a more detailed description see attached proposal):
PAYEE
- TOTAL AMOUNT OF THIS CHANGE ORDER $
_ The contract time will be INCREASED by 0 calendar days as a resuit of this change.
ORIGINAL CONTRACT AMOUNT $
PREVIOUS CHANGE ORDER (INCREASE) $
THIS CHANGE ORDER (INCREASE) $
TOTAL REVISED CONTRACT AMOUNT WITH CHANGE �
_ ORDER
FUNDING NUMBER/ACCOUNT NUMBER
- - PROPOSED BY: DATE:
CONTRACTOR
REQUESTED BY: DATE:
ENGINEER
-_ SUBMITTED BY: DATE:
DEPARTMENT HEAD
FINANCE ENDORSEMENT: DATE:
COMPTROLLER
RECOMMENDED BY: DATE:
ADMINISTRATOR
APPROVED BY:
DATE:
-- MAYOR
CO-1
' �.
� �� �
����,,
1
==�"== Document A312 - 2010
Performance Bond
' I Bond No: 1000932210
CONTRACTOR: SURETY:
' (Name, legal status and address) (Name, legal status and principal
place of business) ADDITIONS AND DELETIONS:
Mabus Brothers Construction Co., Inc. United States Surety Company The author of this document has
920 Molly Pond Road P. O. Box 5605 added information needed for its
' Augusta, GA 30901 Timonium, MD 21094 completion. The author may also
have revised the te� of the original
OWNER: AIA standard form. An Additions and
Deletions Report that notes added
' (1Vame, legal status and address) information as well as revisions to
Augusta Commission the standard form text is available
MuniCipal Building from the author and should be
Augusta, GA 30911 reviewed. A vertical line in the left
' margin of this document indicates
CONSTRUCTION CONTRACT where the author has added
Date: necessary information and where
I Amount: $ 436 ,798.61 the author has added to or deleted
' DesCTiptiOn: from the ori inal AIA text.
9
(Name and location)
I This document has important legal
Gordon Hwy. 16" Water Main, Phase I consequences. Consultation with an
' Augusta, GeOrgia attorney is encouraged with respect
BOND to its completion or modification.
Date: Any singular reference to
' (Not earlier than Construction Contract Date) Contractor, Surety, Owner or other
I Amount: $ 436,798.61 party shall be considered plural
� Modifications to this Bond: � None � See Section 16 where applicable.
' CONTRACTORAS PRINCIPAL SURETY
Company: orporate Seal) Company: (Corporate Seal)
Signature: Signature: c + - � � r �
' Name Name and Kevin M. Neidert,
I T�tle: L.ct, rr Gao/ / vP Title: Attorney-in-fact
(Any additional signature app f on the last page of this Performance Bond.)
' (FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
' (Architect, Engineer or other party.)
Mr. Michael S. Brickner
Yates Insurance Agency
Four Executive Pazk East, Suite 200
� Atlanta, GA 30329
Telephone Number: 404-633-4321
t
' AIA Document A312T" — 2010 PerFormance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected
Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`� Document, or any portion of it, may result in �
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:18:09 on 10/10/2011 under Order No.1108804745_1 which expires on 07/12I2012, and is not for resale.
UserNotes: (1949461359)
'
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein
by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a
conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the
Owner does not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, reyuest such a conference. If the Surety timely requests a conference, the Owner
shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1
shall be heid within ten (10) business days of the Surety's receipt of the Owner's notice. If the
Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an ageement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the
Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shali not constitute a
failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,
except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner
as a result of the Contractor pefault; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Sarety perfarm its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the
payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
AIA Document A312T"' — 2010 Pertormance Bond. The American Institute of Architects. All rights ►eserved. WARNING: This AIA�' Document is protected
Init. by U.S. Copyright Law and Internationai T�eaties. Unauthorized reproduction or distribution of this AIA�' Docoment, or any portion of it, may result in 2
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:18:09 on 10/10I2011 under Order No.1108804745_1 which expires on 07/12/2012, and is not for resale.
User Notes: (1949461359)
�
�
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall
' not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to
the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment
by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
' Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
' damages caused by delayed performance or non-performance of the Contractor.
§ 8 Ifthe Surety elects to act under Section 5.1, 53 or 5.4, the Surety's liability is limited to the amount ofthis
Bond.
' § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
' heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
' related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a
' declaration of Contractor Default or within two years after the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
' § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
, § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
, deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
§ 14 Definitions
' § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts
received or to be received by the Owner in settlement of insurance or other claims for damages to which the
' Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
§ 14.2 Construction Contract. The ageement between the Owner and Contractor identified on the cover page,
' including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise
to comply with a material term of the Construction Contract.
' § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
' § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
' AIA Document A372T" — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This A�A� Oocument is protected
Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA�' Document, or any portion of it, may resuit in 3
severe civil and criminal penalties, and wiil be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:18:09 on 10/10/2011 under Order No.1108804745_1 which expires on 07/12/2012, and is not for resale.
User Notes: (1949461359)
'
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTORAS PRINCIPAL SURETY �
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA Document A312T'" — 2070 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected
Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in 4
severe civii and criminal penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:18:09 on 10/10/2011 under Order No.1108804745_1 which expires on 07/12I2012, and is not for resale.
User Notes: (1949461359)
'
' — �
1,���
=+=��== Document A312 - 2010
1 �
Payment Bond
' � Bond No: 1000932210
CONTRACTOR: SURETY:
' (Name, legal status and address) (Name, legal status and principal
place of business) ADDITIONS AND DELETIONS:
The author of this document has
Mabus Brother Construction Co., Ina United States Surety Company added information needed for its
' 920 Molly Pond Road P. O. Box 5606
Augusta, GA 30901 Timonium, MD 21904 completion. The author may also
have revised the text of the original
OWNER AIA standard form. An Additions and
Deletions Report that notes added
' (Name legal status and address) information as well as revisions to
Augusta Commission the standard form text is available
Municipal Buiiding from the author and should be
Augusta, GA 30911 reviewed. A vertical line in the left
' margin of this document indicates
CONSTRUCTION CONTRACT where the author has added
Date: necessary information and where
I Amount: $ 436,798.61 the author has added to or deleted
' Description: from the ori inal AIA text.
9
(Name and location)
I Gordon Hwy. 16° Water Main, Phase I This document has important legal
Augusta, Georgia consequences. Consultation with an
' attorney is encouraged with respect
BOND to its completion or modification.
Date: Any singular reference to
' (Not earlier than Construction Contract Date) Contractor, Surety, Owner or other
� Amount: $ 436,798.61 party shall be considered plural
Modifications to this Bond: X� None � See Section 18 where applicable.
, CONTRACTORAS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature: ��i�,�/ ' �r��
' Name an Name and Kevin M. Neidert,
� Title: �I'Y � / � Title: Attorney-in-fact
(Any additiona�ignatures app�i'on the last page of this Payment Bond.)
' (FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
' , (Architect, Engineer or other party.)
Mr. Michael S. Brickner
Yates Insurance Agency
Four Executive Park East, Suite 200
' Atlanta, GA 30329
Telephone Number: 404-633-4321
'
, AIA Document A312T" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: 7his AIA� Document is protected by
Init. U.S. Copyright Law and International T�eaties. Unauthorized reproduction or distribution of this AIA�' Document, or any portion of it, may result in .�
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Iaw. This document was produced by AIA soHware
� at 09:1231 on 10I10I2011 under Order No.1108804745_1 which expires on 0711 2/2 0 1 2, and is not for resale.
User Notes: (1515858793)
'
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished far use in the performance
of the Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the
Contractor shall have no obligation under this Bond.
§ 3 If there is no pwner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptiy notified the Contractor and the Surety (at the address described in
Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract
and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were, or equipment was,
furnished or supplied or for whom the labor was done or performed, within ninety (90) days after
having last performed labor or last furnished materials or eyuipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a ClaimanYs obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixt}� (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The SureTy's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond.
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312T"' — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: 7his AIA" Document is protected by
Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in 2
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:12:31 on 10/10/2011 under Order No.1108804745_1 which expires on 07I12I2012, and is not for resale.
User Notes: (1515858793)
'
,
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of
' any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on
behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
� § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
re(ated subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
' jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2
or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this
' Paragaph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
' on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
' § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or (egal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
' and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Qwner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
, § 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
' .1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the ageement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance ofthe Construction Contract;
' .4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use
in the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
, the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
' date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The
' term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond
shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and
' engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,
and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or
equipment were furnished.
' § 16.3 Construction Contract. The ageement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
' AIA Document A312T"" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA�' Document is protected by
Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA�' Document, or any portion of it, may result in 3
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:12:31 on 10l10/2011 under Order No.1108804745_1 which expires on 07/12/2012, and is not for resale.
User Notes: (1515858793)
'
'
,
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
� required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contr2ct Documents. All the documents that comprise the agreement between the Owner and Contractor.
' § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
� § 18 Modifications to this bond are as follows:
' (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SU RETY
Company: (Corporate Seal) Company: (Corporate Seal)
' Signature: Signature:
Name and Title: Name and Title:
' Address: Address:
'
,
'
'
,
'
'
,
'
' AIA Document A312T"" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA�' Document is protected by
IOit. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in 4
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
� at 09:12:31 on 10/10/2011 under Order No.1108804745_1 which expires on 07I12I2012, and is not for resale.
UserNotes: (1515858793)
'
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PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, hereinafter called Contracto�, and
, a corporation organized and existing under the laws of the State of
, with its principal office in the City of , State of , as Surety,
hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter
called the Owner, in the penal amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a
certain written agreement.
WHEREAS, Contractor has by said written agreement dated entered into a contract
with Owner for the construction of Gordon Hwy. 16" Water Main, Phase I, Augusta, Georgia, in
accordance with the drawings and specifications issued by James G. Swift & Associates, 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 Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or
shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the contract price," as used in this
paragraph, shall mean the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of the Owner.
PB-1
�
LABOR AND MATERIAL PAYMENT BOND
� (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-1,
IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
' KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, hereinafter cailed Contractor, and
� , a corporation organized and existing under the laws of the State of ,
with its principal office in the City of , State of , as Surety, hereinafter called
Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter called the Owner,
' for the use and benefit of claimants as hereinbelow defined in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
' WHEREAS, Contractor has by written agreement dated entered into a contract with
Owner for the construction of Gordon Hwy. 16" Water Main, Phase I, Augusta, Georgia in accordance
with drawings and specifications issued by James G. Swift & Associates, 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 material used or reasonably required
to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in
full force and effect, subject, however, to the following conditions:
i (1)A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the
Contractor for labor, material, or both, used or reasonably required for use in the performance of the
' contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the CONTRACT.
(2)The above named Contractor and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90)
, days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant,
prosecute the suit to final 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.
(3)No suit or action shall be commenced hereunder by any claimant,
� (a) Unless claimant, other than one having a direct contract with the Contractor, shall have
given written notice to any two of the following: The Contractor, the Owner, or the Surety
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
' PB-3
Revision Data
, 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 Paymenf-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, pertormance 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 V�/ork that is unsatisfactory, faulty or
GC-1
Page 1 of 52
'
' ReVi8lon Da[e
Auqust 2007
' by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
, 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 contractwith CONTRACTOR orwith any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
� Substantia! Completion-The Work (or a specified part thereofl 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 change directed or documented by a Work Change Direcfive 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 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.
�
' GC-3
Page 3 of 52
'
- Aevision Date �
, August 2001
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 Schedu/es:
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)
calendar 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 intertere 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.
GG5
Page 5 of 52
�
� Revislon Date
. August 2001
� 3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
� 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 contractwith OWNER shall have oracquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
' thereofl 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 thereofl on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
� verification or adaptation by PROFESSIONAL.
�
�
�
�
�
�
'
� GG7
Page 7 of 52
�
Revlaion Date
August 2001
performed after direction is provided by the PROFESSIONAL.
Physica/ 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 forthe accuracy orcompleteness 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. PROFESSIONALwill promptly reviewthe Underground Facilityto 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
Contract 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.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
GC-9
Page 9 of 52
,
' Aevision Date
- Auguat 2001
I ARTICLE 5-BONDS AND INSURANCE
' Performance and Other Bonds:
5.1. CONTRACTOR shall furnish pertormance 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 othennrise 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 certi�ed 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:
' S.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 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
CONTRACTOR's employees;
' GC-11
Page 11 of 52
,
'
' � Reviaion Date
AUguat 2001
' Conditions, and shall inciude damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of 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.
' S.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, a►I of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereo� 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.
' S.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 amount will
' 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 requi�ed 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 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 required of any Subcontractor, CONTRACTOR will obtain the same.
' GC-13
Page 13 of 52
'
Revision Date
August 2001
expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that
any such 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 anyone
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.
GC-15
Page 15 of 52
'
' Ravision Da[e
Auguat 2001
' Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
' using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is 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 pertorm 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
su bstitute.
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 p�ovided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen-
eral 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 evidenced 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
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially
� or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
� GC-17
Page 17 of 52
,
. � Revision Date
Auguat 2001
process will be considered for time extensions only and no damages or additionaf compensation for delay will
be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shal► give all notices and comply with all Laws and Regulations applicable to
furnishing and pertormance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESStONAL 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 contradictory 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 pertorms 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 equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the Contract
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 pertormance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
such OWNER or occupant because of the pertormance 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.
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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 or
OWNER, 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.
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 properiy damage of any amount within
five (5) days of the occurrence.
622.2. 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 and OWNER.
Any delays associated with the submittal process will be considered fortime 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.
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, injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselfi�
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 pertorm 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 regardfess 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.
� 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 8---OWNER'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
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER underthe 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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, 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.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
i 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
' pertormed 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, either
OWNER 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
pertormance 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 accurate data in support of the claim.
� 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by 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
GC-27
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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 pertormed by CONTRACTOR without authorization of a Change Orderwill 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 pertorm the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed ditigently 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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Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to pian or authorized dimensions
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 pertormance 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 shafl 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.
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office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
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,
11.62.2. 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,
11.6,2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
_ CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
_ 11.6.2.5. when both additions and credits are involved in any one 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
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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 confilicts 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, nofinrithstanding anything in the Contract
Documents to the contrary, no interruption, interFerence, inefficiency, suspension or delay in the pertormance,
-- 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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, 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shail relieve CONTRACTOR of its obligations to pertorm 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 to OWNER
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 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 trom payment to
' CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
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, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the
, Contract Time because of any delay in performance of the Work 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 OWNER in order to put
the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, OWN ER 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 schedule, 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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Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, 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 paymentwill 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 consider 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 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 w�itten objection to PROFESSIONAL as to any
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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
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 lnspection:
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-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL 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 equipmentforwhich
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.
GC-43
Page 43 of 52
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. Aavision Date
Auquat 2001
' 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
, 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 otherthan those previously made
in writing and still unsettled.
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GC-45
' Page 45 of 52
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Revislon Date �
.__ August 2001
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
_ construction equipment and machinery at the site and use the same to the full extent they.could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
__ materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
- not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of 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 OWNER, 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 shall 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 by OWNER, the termination will
_ not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
- CONTRACTOR from liability.
CONTRACTOR May Stop Work or Terminafe:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
GC-47
Page 47 of 52
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Aevision Date
August 2001
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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 elaims for alleged breach of contract shall within ten (10) working days of the
' commencement of the dispute be presented by CONTRACTOR to OWNER 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 witli 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 Cou�t of Richmond County, Georgia, and waives any right to
' contest same.
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GC-49
Page 49 of 52
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Revision Date
Auguat 2001
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of 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 emergency
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 (800241.4113) and the Augusta Emergency Management Agency if
GC-51
Page 51 of 52
' SU P
P LEMENTAL GENERAL CONDITIONS INDEX
� Section # Description Page No's
� SGC-1 Drawings SGG1
SGC-2 Field Office Facilities SGC-1
' SGC-3 Rights-of-Way SGC-1
SGC-4 Estimate of Quantities SGC-1
� SGC-5 Existing Structures and Utilities SGC-1
SGC-6 Contractor's Breakdown of Lump Sum Payment Items SGC-1
� SGC-7 Prior Use by Owner SGC-1
SGC-8 Cleaning Up SGG2
f SGC-9 Maintenance of Traffic SGC-2
� SGC-10 Maintenance of Access SGC-2
SGC-11 Erosion Control and Restoration of Property SGC-2
' SGC-12 Bypassing Sewage SGC-2
SGC-13 Safety and Health Regulations SGC-2
j SGC-14 Pre-construction Conference SGC-2
SGC-15 Program Manager for the Project SGC-2 to SGC-3
' SGC-16 Contractor's Liability Insurance SGC-3
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SUPPLEMENTAL GENERAL CONDITIONS
SGC-01. DRAWINGS
The Owner will furnish to the Contractor, free of charge, two (2) copies of drawings and
specifications necessary for the execution of the work. Location of all features of the work included in the
Contract is indicated on the Contract Drawings. Note: The ContractDrawings are lisfed underSpecial
Condition SC-02., LIST OF DRAW/NGS:.
SGC-02. FIELD OFFICE FACILITIES
The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing
records, plans and contract documents. A telephone shall be provided at the Contractor's office for
expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of
the plans and specifications shall be available at the field office at all times that the work is in progress.
SGC-03. RIGHTS-OF-WAY
The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and
the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-
of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as
herein contemplated before construction begins, in which event the Contractor shall begin his work upon
such land and rights-of-way as the Owner may have previously acquired and no claim for damages
whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way.
Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its
prosecution, either before the commencement, by reason of any litigation or by reason of its inability to
procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert
any claim for damage by reason of said delay or to withdraw from the contract except by consent of the
Owner; but time for campletion of the work will be extended to compensate for the time lost by such delay;
such determination to be set forth in writing and approved by the Owner.
SGC-04. ESTIMATE OF QUANTITIES:
The estimated quantities of work to be done and materials to be furnished under this contract if
shown in any of the documents including the bid are given only for use in comparing bids and to indicate
approximately the total amount of the contract and the right is especially reserved except as herein
otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or
desirable by the Owner to complete the work contemplated by this contract and such increase or
diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for
claims or liability for damages.
SGC-05. EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground utilities indicated on the plans are not
guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The
Contractor shall be held responsible for any damage to and for maintenance and protection of existing
utilities and structures.
SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for
his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment,
material and labor comprising the total work included under any of the lump sum items shown in the
proposal. These estimates as approved will serve as the basis for estimating of payments due on all
progress estimates.
SGC-07. PRIOR USE BY OWNER
Prior to completion of the work, the Owner may take over the operation and/or use of the uncompleted
project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of
any work or relieve the Contractor from any of the requirements of the Contract Documents.
SGG 1
' other entities, and do not relieve the CONTRACTOR or an other enti of their obli ations duties and
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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.
' 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 wilt confarm
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.
' 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.
SGC-16. CONTRACTOR'S LIABILITY INSURANCE:
The CONTRACTOR shall secure a Builders Risk All Risk insurance policy for the full replacement
' value of all PROJECT work including the value of all onsite OWNER-furnished equipment and / or
materials associated with PROGRAM MANAGER'S services. Such policy shall include coverage for loss
due to defects in materials and workmanship and errors in design, and shall provide a waiver of
' subrogation as to PROGRAM MANAGER and the construction contractor(s) (or OWNER), and their
respective officers, employees, agents, a�liates, and subcontractors. A copy of the policy shall be
provided to the OWNER.
' Insurance shall be written with limits of liability shown below or as required by law, whichever is
greater:
• Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000
' • General Aggregate $ 2,000,000
• Products $ 2,000,000
• Personal & Adv Injury $ 1,000,000
' • Fire Damage $ 500,000
• Automobile Liability (any auto) Combined Single Limit $1,000,000
• Excess Liability (Umbrella) Each Occurrence $5,000,000
' � Workers Compensation Statutory Limits
• Employer Liability $ 1,000,000
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SPECIAL CONDITIONS INDEX
'
Section # Description Page No's
' SC-1 Scope SC-1
SG2 List of Drawings SC-1
� SC-3 Protection of the Environment SC-1
� SC-4 Temporary Toilets SC-1
SC-5 Plans and Specifications Furnished SC-2
' SC-6 Record Drawings SC-2
SG7 Existing Structures SC-2
' SC-8 Salvage Material SC-2
SC-9 Referenced Specifications SC-2
, SC-10 Traffic Control SG2
SC-11 Construction Order and Schedule SC-2
' SC-12 Inspection and Testing of Work SC-3
' SC-13 Substitutions SC-3
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SPECIAL CONDITIONS
' SC-01. SCOPE:
The project referred to in the Agreement shall consist of the construction of water system
, improvements hereinafter referred to by project name as G01'dOn HWy. 16 Water Main, Phase I .
SC-02. LIST OF DRAWINGS
' The following drawings, prepared by James G. Swift & Associates comprise the plans for the
project:
� � COVER SHEET
2 16" Water Main Extension Plan & Sheet Index
3 STA 0+00 THRU 11+00
' 4 STA 11+00 THRU 22+00
5 STA 22+00 THRU 33+00
' 6 STA 33+00 THRU 44+00
7 STA 44+00 THRU 55+00
$ STA 55+00 THRU 66+00
' 9 STA 66+00 THRU 77+00
10 STA 77+00 THRU 88+00
' 11 STA 88+00 THRU 99+00
12 STA 99+00 THRU 110+00
13 STA 110+00 THRU 121+00
' 14 STA 121+00 THRU 132+00
�� STA 132+00 THRU 143+00
16 STA 143+00 THRU 154+00
� � 7 STA 154+00 THRU 165+00
�$ STA 165+00 THRU 176+00
' 19 STA 176+00 THRU 187+00
2� STA 187+00 THRU 192+77.04
, SC-03. PROTECTION OF THE ENVIRONMENT:
The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be
subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the
' transportation of silt and other deleterious material into the stream beds of water courses adjacent to the
project.
All chemicals used during project construction orfurnished for project operation, whether herbicide,
' pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or
USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed
instructions.
, SC-04. TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on the site for workmen employed in the
construction work. Toilets shall be adequate for the number of inen employed and shall be maintained in a
, clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the
work, toilets used by Contractor shall be removed and premises left in the condition required by the
Contract.
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' SC-1
SC-12. INSPECTION AND TESTING OF WORK:
The Owner shall provide sufficient competent engineering personnel for the technical observation
and testing of the work.
The Engineer and his representatives shall at all times have access to the work whenever it is in
preparation or progress, and the Contractor shall provide proper facilities for such access, and for
inspections.
Inspectors shall have the power to stop work on account of a workman's incompetence,
drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is
not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out
properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any
material or workmanship which does not conform fully to the requirements of the contract and they shall
give no orders or directions under any possible circumstances not in accordance with the Specifications.
The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or
the culling over or removal of defective materials or for any other purpose requiring discharge of their
duties for which service no additional allowance shall be made. The inspector shall, at all times, have full
permission to take samples of the materials that may or may not be used in the work.
Any inspection provided by the Engineers is for the purpose of determining compliance with
provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by
the Contractor, nor for the safety of the job.
If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require
any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its
readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed
for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the
source of supply. If any work should be covered up without review or consent of the Engineer, it must, if
required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be
uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the
Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the
Contract Documents, the Contractor shall pay such cost.
SC-13. SUBSTITUTIONS:
Notwithstanding any provision of the 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.
SC-3
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GRADING
SCOPE:
This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or
walks, including all excavations, formation of embankments, preparation of subgrade for pavements
and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with
excavation, trenching, and backfilling for utility lines is speci�ed under the section entitled "Excavating,
Trenching, and Backfilling for Pipe Lines".
CONSERVATION OF TOPSOIL:
Except where otherwise noted on the plans, topsoil shall be removed without contamination with
subsoil and spread on areas a(ready graded and prepared for topsoil, or shall be transported and
deposited in storage piles convenient to areas that are to receive application of topsoil later, or at
locations indicated. Topsoil shall be stripped to a depth of 3 to 6 inches and, when stored, shall be kept
separate from other excavated materials and piled free of roots, stones, and other undesirable
materials.
EXCAVATION:
The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of
every description regardless of material encounter within the grading limits of the project, shall be
perFormed to the lines and grades indicated. Suitable excavated material shall be transported to and
placed in fill areas within the limits of the work. When directed, unsuitable material encountered within
the limits of the work shall be excavated below the grade shown and replaced with suitable material.
Materials considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as
described under the Unified Soil Classification System. Such material removed and the selected
material ordered as replacement shall be included in excavation. Unsuitable and surplus excavation
material not required for fill shall be disposed of in designated waste or spoil areas on or near site and
to be determined by the Owner and/or Engineer. During construction, excavation and filling shall be
performed in a manner and sequence that will provide drainage at all times. Any necessary clearing,
grubbing, grassing, disposal of debris and satisfactory trimming and drainage of the spoil areas other
than provided for in the Bid Schedule shall be considered incidental to the wasting operations and shall
be perFormed by the Contractor at no additional cost to the Owner.
SELECTION OF BORROW MATERIAL:
General: Borrow material shall be selected to meet the requirements and conditions of the
particular fill for which it is to be used. The material shall consist of sand soils or sand-clay soils
capable of being readily shaped and compacted to the required densities and shall be free of roots,
trash and any other deleterious material. Any necessary clearing, grubbing, disposal of debris and
satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of
the borrow excavation and shall be performed by the Contractor at no additional cost to the Owner.
Unless specifically provided, no borrow shall be obtained within the limits of the project site without
w�itten approval.
Borrow Area(s): Borrow material shall be fumished by the Contractor from private sources
selected by the Contractor and shall consist of a suitable rrzaterial of the type mentioned above. The
Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other
charges involved, and shall bear all the expense of developing the sources, including right-of-way for
hauling.
EXCAVATION DITCHES:
Ditches shall be cut accurately to the cross-sections and grades indicated by the drawings. All
roots, stumps, and other foreign matter in the sides and bottom of ditches shall be cut one foot below
finish grade. Care shall be taken not to over excavate ditches below the grades indicated. Any
excessive ditch excavation due to removal of roots, stumps, etc., or due to over-excavation shall be
backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble
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whichever is best suited for the types of soil encountered, as approved, to at least 95 percent of
maximum density at optimum moisture content.
Field Control: In areas where the density of the fill or embankment is specified, field density
tests will be performed in sufficient number to insure that the specified density is being obtained. These
tests will be made at the expense of the Contractor and will be in accordance with AASHO Standard
T147.
FINISHED__EXCAVATION. FILLS AND EMBANKMENTS:
All areas covered by the project, including excavated and filled sections and adjacent transition
areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted,
and free from irregular surtace changes. The degree of finish shall be that ordinarily obtainable from
either blade-grader or scraper operations, supplemented with hand raking and finishing, except as
otherwise specified. The finished surface shall be not more than 0.10 foot above or below the
established grade or approved cross section. Ditches and gutters shall be finished so as to permit
adequate drainage. The surface of areas to be grassed shall be finished to a smoothness suitable for
the application of grassing materials. The surtace of embankments or excavated areas for road
construction or other areas to be paved on which a base course or pavement is to be placed shall not
vary more than 0.05 foot for the established grade and approved cross section. In areas where the
bulking of soil as a result of grassing operations will tend to retard surFace drainage along the edge of
pavements, the finished grades shall be left 0.1 foot below grade prior to grassing.
DISPOSAL OF WASTE MATERIAL:
All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other
unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of
off the site, except where otherwise approved in writing by the Engineer. All trees, stumps, brush down
timber, etc. in the disposal area shalf be cleared and shall be disposed of by burning, removal from the
property or a combination of bath. Clearing and disposal of trees, stumps, etc. shall comply with the
applicable portions of the Clearing and Grubbing specifications. The complete layer of topsoil in the
entire disposal area shall be removed before placing the surplus excavation. Surplus excavation shall
be hauled to the designated stripped disposal area, leveled to drain and firmed under the normal
operation of spreading and hauling equipment. The topsoil shall then be placed, leveled and lightly
compacted.
PLACEMENT OF TOPSOIL:
Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under
this contract, excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be
uniformly placed on these areas to a compacted depth of not less than three (3) inches or more than
four (4) inches. The material shall be free from clods of soil, matted roots, roots greater than'/z inch in
diameter, and any other objectionable material which might hinder subsequent grassing and mowing
operations. The material shall be placed, leveled, and lightly compacted with at least one pass of a
cultipacker or light pneumatic-tired roller, to required cross sections, but shall be left one-tenth (0.1) of a
foot below the finished earth grade.
PROTECTION:
Newly graded areas shall be protected from traffic and from erosion, and any settlement or
washing away that may occur from any cause, prior to acceptance, shall be repaired and grades re-
established to the required elevations and slopes, at no additional expense to the �wner.
MEASUREMENT AND PAYMENT:
Excavation of all substances encountered, except rock excavation as stated in the Proposal,
shall be included in the water main installation unit price as set forth in the Bid Schedule. Placement of
fill and any on-site or off-site wasting of excess excavated material will be considered as subsidiary
responsibilities of the Contractor, and no separate payment will be made therefor.
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� Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete.
Runways shall not be supported on the reinforcement. Concrete shali be placed and compacted in
layers not over 24 inches deep. Vibrators may be used provided they are used under experienced
� supervision and the mixture is dry enough to prevent segregation. Form vibrators shall not be used.
Vibration shall not be used for transporting or moving concrete inside the forms. No more concrete
shall be placed than can be consolidated and finished in the same day as placed. Free fall of concrete
shall be limited so that no segregation of materials occurs.
r Joints: Construction joints not indicated on drawings shall be approved by the Engineer in
advance of pour. Joints in foundation wa{Is shall be keyed. Before depositing of concrete is resumed,
the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not
, saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout
against which the new concrete shall be placed before the grout has attained its set.
Finishing: After stripping forms, all voids and honeycombs shall be patched by chipping and
� scarifying the defective area and treating it with an approved bonding tended that all such voids be
patched, not merely plastered. Grout mixture shall consist of 1 part Portland cement and 1 part sand.
Immediately following removal of forms, all fins and irregu(ar projections shall be removed from all
' surfaces except those which are not to be exposed or waterproofed. Slabs shall be struck-off and
consolidated by approved machine or hand methods, screeding and tamping concrete so that upon
completion, the surface shall be true to grade as shown on drawings and free of surface voids. All
� floors shall have a monolithic steel trowel finish unless otherwise indicated on the drawings. Exterior
walks shall be compacted, screeded and floated to a true even surface with wood floats and then
broomed.
� PAYMENT:
No separate payment will be made for the work performed under this section. Payment will be
included in the prices for the items of which concrete construction is an integral part.
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MULCHING:
All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of
1'/ tons per acre, except where hydroseeding is employed using a cellulose mulch mixed with the seed
and fertilizer.
ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and
weeds are not dominant.
APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard
Specifications for Highway Construction of the Georgia Department of Transportation, latest Edition.
MEASUREMENT-PAYMENT:
Work perFormed under this section will be paid for at the lump sum price for Grassing appearing
in the Bid Schedule. Payment therefor will include full compensation for all materials, labor and
equipment required to establish the required permanent stand of grass.
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� 14.4 LAYOUT •
14.4.1 Normal location of proposed water lines is on the north side of east-west streets, and the east
side of north-south streets.
� 14.4.2 For existing County roads, the proposed water line will generally be located five (5) feet inside
the right-of-way. For existing State roads, the proposed water line must be located five (5) feet
inside the right-of-way. Unusual circumstances may warrant deviation. The location of the
� water line will be determined, also, by the location of the existing lines to be tied into at the
beginning and end of the project.
14.4.3 For subdivisions, the proposed water line shall be located four (4) feet from the back of the curb.
Where ditches are present beside the curb, refer to the Right-of-Way Encroachment Guide(ines
� (latest version) published by the Public Works Department.
14.4.4 Wherever possible, avoid laying water line on the same side of the road as the gas lines.
14.4.5 Water service lines for residential development shall be located at the center of lot.
, 14.4.6 Dead ends shall be minimized by making appropriate tie-ins whenever practical. Permanent
dead ends will not be accepted unless unavoidable. Dead ends shall be equipped with a fire
hydrant. If, under special circumstances, where water lines smaller than six (6) inches in
' diameter are accepted, an approved blowoff shall be required for flushing purposes. A
minimum of two 22-1/2-degree bends shall be required on 6" and larger water lines in cul-de-
sacs and shall be shown as such on plans.
� 14.4.7 All water mains shall be placed in right-of-way areas or dedicated easements. All easements
shall allow adequate area to construct and maintain the water line and appurtenances involved.
Permanent easements shall be a minimum of 15 feet wide with line installed in center of
� easement. Permanent easements shall be provided as needed to serve adjacent property,
even if the water line is not installed at that time. If the line has not been installed to future
serve adjacent property, a larger easement than the minimum may be required to construct
future line. Easement agreements shall be specific to state that no permanent structures may
� be constructed within the limits of permanent easements.
14.5 WATER MAIN MATERIAL
� Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (PVC), or galvanized pipe as
outlined below. Any pipe, solder and flux used during installation of the water lines and services must
be "lead-free" with not more than 8% lead in pipe and fittings, and not more than 0.2% lead in solders
' and flux.
DIP shall be centrifugally cast and shall conform to AWWA C150/ANSI A21.50 (latest version)
for design and A1NWA C151/ANSI A21.51 (latest version) for manufacture. PVC pipe 6 inch to 12 inch
� diameter shall conform to AW1NA C900 (latest version). PVC pipe 14 inch to 36 inch diameter shall
conform to A1NWA C905 (latest version).
For water mains 6" through 16", DIP Pressure Class 350 shall be allowed. For water mains 18"
through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date), Class 200,
� SDR-14 with cast iron equivalent O.D.s, gasket bell end with elastomeric gaskets shall be allowed for
water mains 6" through 10" (solvent weld joints are not permitted). Galvanized pipe shall be seamless,
American made, Schedule 80 and shall conform with the ASTM Specifications. Flanged DIP shall have
' threaded ductile iron flanges and shall conform ta the requirements of AW1NA C115 (latest version). All
flanges shall be Ductile Iron Class 150, ANSI B16.5 (latest version). Flanges shall be flat faced and all
joints shall use 1/8 inch black neoprene full-faced gaskets.
� Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in
accordance with AW1NA C104/ANSI A21.4 (latest version). DIP shall have 1/16" cement mortar lining
with rubber gasket push-on joints or mechanica{ joints. Mechanical joint glands shall be ductile iron.
� Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall conform to AWWA C111/ANSI
A21.11 (latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-toxic
vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installing the pipe.
� The lubricant shafl be approved by NSF for use with potable water mains.
� 11
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14.5.6 Schedule 40 PVC shall only be used as sleeves for the installation of service line tubing under
all pavement areas. Use in the water distribution system or other areas are not acceptable.
14.5.7 Unspecified transitions from DIP to PVC are not allowed. Material for transition shall be
indicated and speci�ed and must be approved by the Augusta Utilities Department.
14.5.8 All construction material shall be first quality, not previously used. Repair clamps are not
acceptable. Damaged or faulty pipe and materials must be properly replaced. All gaskets shall
be new. When connecting to existing valves or �ttings, gaskets shall be replaced, not reused.
14.5.9 The Engineer shall provide a complete set of shop drawings, which shall indicate the Augusta
Utilities Department's specific material requirements. In general, material requirements will be
guided by the latest versions of the specifications of AWWA, ANSI, ASTM, and NSF.
14.6 WATER MAIN SIZE
The minimum size of water main shall be 6 inches unless otherwise approved by the Utilities
Director. However, a professional engineer shall justify the size of the pipes with a hydraulic network
analysis.
The new water main shall have the ability to meet maximum daily demands p(us fire flow
requirements as mandated by Georgia EPD "Minimum Standards for Public Water Systems° (latest
version) and the Augusta Fire Marshal. The residuaf design pressure under all conditions shall not be
less than 20 psi.
14.7 VALVES, FITTINGS AND APPURTENANCES
Valving of all water distribution systems shall be designed to facilitate the isolation of each
section of pipeline between intersections of the network. Generally, the number of valves at an
intersection shall be one less than the number of pipes forming the intersection. Gate valves, 4 inches
to 12 inches, shall be the resilient seat type conforming to A1NWA C509 (latest version). Valves larger
than 12 inches shall be gear operated butterfly valves, conforming to AWWA C504 (latest version).
Wafer valves shall not be accepted. Valves shall generally be installed at intervals of not more than
2,000 LF on transmission mains and on all primary branches connected to these mains. Where
possible, a valve shall be installed next to a fire hydrant for locating purposes. In high density areas (25
dwelling units), valves shall be installed as necessary to minimize the number of persons affected by a
water main break.
The Utilities Director shall determine which mains are distribution or transmission.
Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RIGHT if
installed north of Go�don Highway. Valves shall be provided with valve stem extensions to within 6
inches of ground surFace, where centerline of pipe to grade is greater than 4 feet.
Valve boxes shall be M&H E-2702, Mueller H10364 or approved equal, Each valve box sha11 be
slip-type to adjust for a minimum cover of 36" bury. The flanged base of the valve box shall be at least
six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be
required for additional depth over valves. Extensions shall be M&H E-3120 or Mueller H-10375.
Covers shall have "WATER" cast on top.
All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint
systems as outlined in Paragraph 14.5.3., or by use. of a concrete thrust block in those instances that
warrant such an installation. Thrust blocks shall be poured-in-place concrete having a minirnum
compressive strength of 3,000 psi after 28 days of cure time. Calculations for restrained joints shall be
provided by the design engineer. Soil bearing value shall be 2,000 psf maximum. Lower values shall
be used when soil is poor quality. All materials, fittings and appurtenances intended for use in pressure
pipe systems shall be designed and constructed for a minimum working pressure of 150 psi unless the
specific application dictates a higher working pressure requirement.
Standard pressure pipe fittings of size four (4) inch ID and larger shall be ductile iron conforming
to AWINA C153 (latest version}, with mechanical joints unless flanged or restrained joints are required.
Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with
AW1NA C104 (latest version). Mechanical joint fittings, 24 inches and smaller shall be rated for 35Q psi
working pressure. Flanged joint fittings 24 inches and smaller shall be rated for 250 psi working
pressure. All fittings 30 inches and larger shall be rated for 250 psi working pressure. For sizes less
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� List of Specifications:
� ANSI/AWWA C500-93 1993 or latest version
Metal-Seated Gate Valves for Water Supp�y Service (includes addendum C500a-95)
ANSI/AWWA C502-94 1994 or latest version
� Dry-Barrel Fire Hydrants (includes addendum C502a-95)
ANSI/AWWA C503-97 1997 or latest version
, Wet-Barrel Fire Hydrants
ANSI/AVWIIA C504-94 1994 or latest version
� Rubber-Sealed Butterfly Valves
ANSI/AWWA C507-99 1-DEC-1999 or latest version
' Ball Valves 6 in. through 48 in. (150 mm through 1200 mm)
ANSI/AVWVA C508-93 1993 or latest version
� Swing-Check Valves for Waterworks Service, 2 in. (50mm) Through 24 in. (600mm) NPS (includes
addendum C508a-93
ANSI/AWWA C509-941994 or latest version
� Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95)
ANSI/AWWA C550-90 1990 or latest version
� Protective Epoxy Interior Coating for Valves and Hydrants
14.9 WATER SERVICE LINES AND TAPS
� Tapping sleeves and tapping crosses shall be of a heavy body ductile iron, mechanical joint
suitable for a working pressure of 150 psi for sleeves and crosses larger than 14-inch (200 psi for
sleeves and crosses equal to or less than 14-inch), as approved by the Augusta Utilities Department.
' No direct service taps shall be allowed. All service line taps shall be supplied with corporation
stops. Service line tubing shall be rolled of soft continuous and seamless copper Type K conforming to
AWWA C800 and ASTM B-88 (latest version).
� Corporation Stops and Main Connectors:
� s/d' F6600 — 3 Ford or Equal
1" FB600 — 4 Ford or Equal
Taper Thread Inlet by Flare Copper Outlet
� Eighth Bends:
3 /4" LA02 — 33 Flare 1/8 Bend
3 /4" LA04 — 33 Compression 1/8 Bend
� 1" LA02 — 44 Flare 1/8 Bend
1" LA04 — 44 Compression 1/8 Bend
� Minimum size for residential use shall be one (1) inch. The service line shall be laid in a straight
line and be of a continuous piece of pipe from corporation to curb cock. The curb cock shall be located
' 6 inches behind and 8 inches below the top of new curb or edge of asphalt. Where service connects to
DIP or any pressure-rated pipe, service saddles must be used. Brass double strap tapping saddles
shall be used. U-bolt type straps are not acceptable. All water service taps on the main shall be
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� Backflow prevention device assembiies shall be the latest approved product of a manufacturer
regularly engaged in the production of this type equipment. All assemblies shall be as approved by the
America Society of Sanitary Engineering (ASSE), The American National Standards Institute (ANSI),
� The American Water Works Association (AWWA), Foundation for Cross Connection Control and
Hydraulic Research of the University of Southern California, and the Georgia State Plumbing Code.
� Type and size of assemblies shall be indicated on the drawings.
Backflow prevention device ownership and maintenance responsibilities shall be as set forth in
the appropriate ordinances. The Owner shall document yearly that the backftow prevention device has
been tested annually by a qualified technician. A copy of the technician's certification must be attached
� to the test results and submitted to the Augusta Utilities Director. Engineer must comply with the
Augusta Utilities Department Policies and Procedures for Backflow Prevention by Containment (latest
version). A copy of this manual is available upon request.
� List of Specifications:
� ANSI/AWWA C510-97 1997 or latest version
Double Check Valve Backflow-Prevention Assembly
� ANSUAVWVA C511-97 1997 or latest version
Reduced-Pressure Principle Backflow-Prevention Assembly
� 14.12 SYSTEM PRESSURES
The design engineer shall not assume a pressure greater than 35 psi at the meter of detector
check valve without confirmation from the Augusta Utilities Department. The design engineer, if
possible, should field verify the available pressures prior to finalizing their design. The Augusta Utilities
Department does not guarantee or warrant any pressure or flow above what the system can furnish.
�' Augusta Utilities reserves the right to limit water usage for irrigation in the event of drought, or
requirement by the Georgia EPD.
, 14.13 FIRE LINES
All �re lines shall have a detector check valve with a 5/8 inch by-pass meter (to detect low flows)
� within the right-of-way or dedicated easement. No exceptions to the by-pass meter requirement shall
be made regardless of sprinkler system type, configuration, etc.
� CONSTRUCTION:
14.14 WATER DISTRIBUTION SYSTEM INSTALLATION
� Authorization must be obtained from the Augusta Utilities Department to construct, alter or
modify a water line. Construction of water infrastructure will be authorized by the Utilities Department
upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours
prior to starting construction (706-772-5503). Where water lines will encroach public right-of-way, a
� Right-of-Way Encroachment Perrnit approved by the Public Works Department is requi�ed prior to
construction. A Right-of-Way Encroachment Permit application is available through the Public Works
Department (706-821-1706).
� Installation of water mains and associated appurtenances shall be in accordance with current
AW1NA specifications and manufacturer's requirements for the specific product. Loading or unloading
and storage of pipe, �ttings, valves, etc. shall be done such that to avoid damage. The interior of all
� pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be
placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written
approval of the Utilities Director.
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- shall be strapped to 8 foot long treated wooden skids with metal straps throughout
length of casing. The ends of the casing shall be sealed with brick and mortar.
14.14.4 Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be
provided with adequate reaction blocking as shown on the drawings. Reaction blocking
shall be rnade to bear directly against the undisturbed trench wall. Where trench
_ conditions are, in the opinion of the Engineer, unsuitable for reaction b[ocking, the
Contractor shall provide tied joints to adequately anchor the piping as shown on the
� drawings. All the rods and clamps shall be given a bituminous protective coating.
14.14.5 Pressure and Leakage Testing: Before any work will be accepted for payment,
the Contractor will fill the piping with water, open outlet as necessary for expelling the
entrapped air. No fire hydrant shall be opened full force during charging operations.
Thereafter, furnish the necessary equipment and test the piping under the supenrision of
the Engineer for a period of at least 2 hours at not less than 1.25 times the design
' pressure in pounds per square inch, based upon the highest elevation of the section
_ under test. Pressure testing shall be in accordance with the latest AW1NA Standard
, C600, Section 4.1. at 1.5 times the working pressure at the point of testing. Inspect all
- joints, and remedy to the satisfaction of the Engineer any defects discovered. Continue
the test until all visible leaks have been eliminated from the part of the system under
test, and the pressure remains constant with a maximum pressure drop of 5 psi for the
duration of the test.
Immediately following the pressure test, and before any work will be accepted for
payment, the Contractor shall perForm a leakage test. Leakage is defined as the quantity of
_ water to be supplied into the newly laid pipe, or any valved section thereof necessary to
maintain the specified leakage test filled with water to within 5 psi of the test pressure. No pipe
installation will be accepted until the feakage is less than the number of gallons per hour as
determined by the formula:
- L= Allowable � leakage in gallons per hour.
S= The length of I- pipe in the section tested.
, D= The nominal diameter of the pipe in inches.
P= The average test pressure during the leakage test in pounds per
square inch gauge.
The leakage test shall be conducted in accordance with AWWA Standard C-600,
- Section 4.1 (latest version).
14.14.6 Connection to Existing System: All connections to existing mains shall be made
, under the direct supervision of the Augusta Utilities Department's Inspector. Valves on
_ existing mains shall be operated by or under direct supervision of Augusta Utilities
Department personnel. Tapping sleeves and valves shall be pressure tested prior to
- tapping. If service to existing customers must be cut off, the Augusta Utilities
Department shall be notified at least three (3) days in advance to make necessary
notifications. The Contractor shall disinfect and secure appropriate Utilities Department
-, clearances and samples for any service interruptions which occur as a result of a
� Contract request for shut down or error. The clearances shall be obtained within 72
hours of reactivation.
- If cut-off of service is required, the Contractor shall be ready to proceed with as
much material pre-assembled as possible at the site to minimize the length of service
- interruption. Augusta Utilities reserves the right to postpone service cut-off if, in the
, opinion of the Utilities Director, the Contractor is not ready to proceed on schedule. No
customer should be without water for more than four (4) hours. The Owner/Developer
- shafl arrange for temporary services to Customer if water will be shut off for more than
__ faur hours.
Local chlorination will be required for all pipe and fittings used to complete
connections with the potable water system. Tapping sleeves and valves shall be
chlorinated in accordance with A1NWA requirements. All wet taps shall be witnessed by
the Augusta Utilities Department's Inspector.
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� 14.18 AS-BUILT DRAWINGS:
As the work progresses, record on one set of utility drawings all changes and deviations from the
contract drawings in sizes, lines or grade. Record also the exact final location of water lines by offset
� distances to surface improvements such as edge of existing pavement or to property lines, etc. at a
maximum interval of 200 feet. Make sufficient measurements to locate definitely all water lines etc., to
permanent points. The drawings will show references to all valves, fittings, pipe brand changes, etc.
Transfer accurately all such records in red pencil to white prints of the utility drawings and deliver them
� to the Engineer with monthly payment estimate.
14.19 MEASUREMENT AND PAYMENT:
� Payment will be made only for elements in place and tested as follows:
1. Pipelines will be paid for at the unit contract price, per linear foot, for each size, type and
� class installed, complete, inctuding fittings. No deduction will be made for the laying
length of valves and fittings instaAed within pipelines.
� 2. Valves will be paid for at the unit contra�t price for each size and type installed.
Payment therefore will include box or vault as shown on the plans.
3. Fire hydrants wilf be paid for at the unit contract price for each size installed, complete
� with the lead piping, valve, and main tee, in place as shown on the plans.
4. Service lines will be paid for at the unit contract price for each size and type installed,
� complete as shown on the plans.
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excavation. Whenever wet or othennrise unstable soil that is incapable of properly supporting the pipe,
' as determined by the Enginee� or indicated on the drawings, is encountered in the trench bottom, such
soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench
' backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable
material. Backfill with earth under structures will not be permitted and any unauthorized excess
excavation below the levels indicated for the foundation of such structures shal1 be filled with sand,
� gravel, or concrete, as directed.
14.30.1 Grading and Stacking: All grading in the vicinity of trench excavation shall be controlled
to prevent surface ground water from flowing into the trenches. Any water accumulated in the
� trenches shall be removed by pumping or by other approved methods. During excavation,
material suitabfe for backfilling shall be stored in an orderly manner a minimum distance of one
and one-half times the depth of the excavation back from the edges of trenches to avoid
� overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by
the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner
as approved by the Engineer.
r 14.30.2 Shoring and Sheeting: All shoring, sheeting, and bracing required to pertorm and
protect the excavation and to safeguard employees and the public shall be performed. The
� failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of
his responsibility for damage resulting from its omission.
� Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of
the sheeting below the elevation of the top of the pipe shall not be disturbed or removed.
Sheeting left in place shall be cut off not less than 1 foot below finished grade. No sheeting
shall be removed until the excavation is substantially backfilled as hereinafter specified.
� 14.30.3 Water Removal: Where water is encountered, it shall be prevented from accumulating in
excavated areas by pumping, well-pointing and pumping, or by other means approved by the
� Engineer as to capacity and effectiveness. Water removed from excavations shall be
discharged at points where it will not cause injury to public or private property, or the work
completed or in progress. All efforts to prevent sedimentation shall be made. Under no
� circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water.
Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been
placed.
i 14.30.4 Blasting: Explosives are to used only within legal limitations. Before explosives are
used, all necessary permits for this work shall be secured and all precautions taken in the
� blasting operations to prevent damage to private or public property or to persons. The
Contra�tor shall assume full liability for any damage that may occur during the use of
explosives. No blast shall be set off within 50 feet of pipe already laid in the trench.
� 14.30.5 Tree Protection: Care shaH be exercised to protect the roots of trees to be left standing.
Within the branch spread of the tree, trench shall be opened only when the work can be
installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as
� possible.
14.31 BACKFfLLING
� Trenches and other excavations shall not be backfilled until all required tests are performed and
the work has been approved by the Engineer, The trenches shall be carefully backfilled with the
excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft
� shale, or other approved materials. No material shall be used for backfilling that contains mulch, other
unstable materials, stones, blasted rock, broken concrete o� pavement, or other hard materials having
any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an
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