Attachment D_Supplementary General Conditions.pdf

(Supplementary General Provisions) 00800-1

SECTION 00800

SUPPLEMENTARY GENERAL PROVISIONS

SECTION 1 - GENERAL

1.1 SUPPLEMENTS

The supplements contained in these Supplementary General Provisions modify, change, delete from, or add to the General Terms and Conditions and/or Standard General Conditions of the Construction Contract of these CONTRACT DOCUMENTS. Where any article, paragraph, subparagraph, or clause is modified by these supplements, the unaltered provisions of that article, paragraph, subparagraph, or clause shall remain in effect. Reference made in the General Conditions to Supplemental General Conditions or Special Conditions refer to these Supplementary General Provisions.

1.2 GENERAL CONDITIONS

The General Conditions are general in scope and may refer to conditions not encountered on the work covered be these CONTRACT DOCUMENTS. Any provision of the General Conditions which pertains to a nonexistent condition and is not applicable to the work to be performed hereunder, or which conflicts with any provision of the Supplementary General Provisions or Specifications, shall have no meaning in these CONTRACT DOCUMENTS and shall be disregarded.

1.3 CONTRACT DOCUMENTS

The CONTRACT DOCUMENTS cover all matters relating to the work the CONTRACTOR is obligated to perform. The CONTRACT DOCUMENTS are organized into various parts and sections for convenience. All parts and sections of the CONTRACT DOCUMENTS are complementary, and what is called for by any shall be as binding as if called for by all.

The CONTRACT DOCUMENTS, as defined herein, form the Contract between OWNER and the CONTRACTOR for the performance of the work covered by these CONTRACT DOCUMENTS. It is agreed by the OWNER and the CONTRACTOR, as evidenced by and through execution of the Contract, that all terms of the CONTRACT DOCUMENTS shall be binding on both parties to the Contract and shall be a part of the Contract, the same as if the CONTRACT DOCUMENTS are repeated therein.

1.4 SPECIFICATIONS

No attempt has been made in the Specifications to segregate work to be performed by any trade of subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the CONTRACTOR and his employees and his SUBCONTRACTORS.

The Specifications as a whole will govern the construction of the entire work. The applicable provisions thereof will govern work to be performed under each section.

1.5 GOVERNING STANDARD SPECIFICATIONS

Standard specifications or other specifications of organizations, societies, governmental agencies, or bodies, referred to in these CONTRACT DOCUMENTS, are made a part of these CONTRACT DOCUMENTS the same as if repeated herein. Unless specifically stated otherwise, the standard shall be that adopted and published at the date of the Advertisement.

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1.6 EXECUTION OF CONTRACT

The CONTRACTOR and the OWNER shall execute the prescribed Contract in three (3) counterparts, each of which shall be deemed an original document.

1.7 DIMENSIONS AND ELEVATIONS

Figured dimensions on drawings shall take precedence over measurement by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them and not as indicating extra work.

1.8 ASSIGNMENTS

The CONTRACTOR shall not assign, in whole or part, this contract or any moneys due or to become due thereunder without the written consent of the OWNER.

SECTION 2 - DEFINITIONS (Ref. Article 1)

2.1 AGREEMENT OR CONTRACT

The written agreement between the OWNER and the CONTRACTOR for the performance of the WORK in accordance with the requirements of the CONTRACT DOCUMENTS and for the payment of the agreed consideration therefore. Whenever, in any portion of the CONTRACT DOCUMENTS, a requirement of the Contract is stated, it shall be interpreted to mean a requirement of the CONTRACT DOCUMENTS as defined herein.

2.2 CONTRACT DOCUMENTS

The Advertisement for Bids, Instructions to Bidders, Bid Form and associated documents, Bid Bond, Notice of Award, Performance Bond, Payment Bond, Certificate of Insurance, Agreement, General Conditions, Supplementary General Provisions, Technical Specifications, Drawings, Addenda, Change Orders, Contractor's Affidavit, Sub-Contractor Affidavits, Contractor's Oath, SAVE Affidavit, and Notice to Proceed shall constitute the CONTRACT DOCUMENTS. Whenever, in any portion of the CONTRACT DOCUMENTS, the terms "Plans and Specifications" or "Specifications" or "Contract" or words of like import appear, they shall be interpreted to mean CONTRACT DOCUMENTS as defined herein.

2.3 DRAWINGS

Drawings, which are sometimes referred to herein as "plans" are defined as all (a) drawings furnished by OWNER as a basis for bids; (b) supplementary drawings furnished by OWNER to clarify and to define in greater detail the intent of the Contract Drawings and Specifications; (c) drawings submitted by the successful bidder with his bid, provided such drawings are acceptable to OWNER; (d) drawings furnished by OWNER to CONTRACTOR during the progress of the WORK; and (e) engineering data and drawings submitted by the CONTRACTOR during the progress of the WORK, provided such drawings are acceptable to OWNER.

2.4 ENGINEER

Person duly authorized to act as a representative of the OWNER to observe the construction of the WORK contemplated herein.

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2.5 INFORMALITY

Any deviation in the bid proposal that does not alter the bid schedule format or place any conditions or qualifications on the bid.

2.6 OWNER: Oconee County Board of Commissioners.

2.7 OWNER'S ATTORNEY

Person duly authorized by OWNER to act in the capacity of OWNER.

2.8 AS ORDERED, AS DIRECTED, AS REQUIRED, AS PERMITTED, AS ALLOWED

Whenever in these CONTRACT DOCUMENTS the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood and agreed that the order, direction, requirement, permission, or allowance of OWNER is intended only to the extent of judging compliance with the terms of these CONTRACT DOCUMENTS. None of these terms shall imply that OWNER has any authority or responsibility for supervision of CONTRACTOR's forces or construction operations, such supervision is the sole responsibility of the

CONTRACTOR.

2.9 PROJECT OBSERVER

An authorized representative of OWNER assigned to make periodic observations of the WORK performed by CONTRACTOR.

2.10 PERSON

The word "person" shall mean and include any individual, combination of individuals, partnership, society, association, joint stock company, corporation, firm, estate, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise.

2.11 PROVIDED

Whenever the term "provided" or "provide" is used in the Drawings or CONTRACT DOCUMENTS, it shall mean "provided complete in place", that is, "furnished and installed". Where "as shown", "as indicated", "as detailed", or other words of similar import are used, it is understood and agreed that references to the Drawings are intended unless otherwise expressly stated.

2.12 WRITTEN NOTICE

Any notice to the CONTRACTOR or OWNER by the other relative to any part of these CONTRACT DOCUMENTS in writing and considered delivered and the service thereof completed, when posted by United States Postal Service, or delivered with charges prepaid to any telegraph company for transmission to the CONTRACTOR or OWNER at the address set forth in these CONTRACT DOCUMENTS, or delivered in person to the CONTRACTOR or OWNER or his authorized representative on the Project. Any such notice shall be deemed to have been given or made as of the time of actual delivery, or in the case of mailing, when the notice should have been received in due course of posts, or in the case of telegrams, at the time of actual receipt thereof by the addressee.

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SECTION 3 - SUPPLEMENTARY CONDITIONS

3.1 COPIES OF CONTRACT DOCUMENTS

Upon execution of the Agreement, the OWNER will furnish the CONTRACTOR with one (1) electronic copy of CONTRACT DOCUMENTS and Construction Drawings with two (2) paper copies of CONTRACT DOCUMENTS and four (4) paper sets of Construction Drawings. Additional copies will be furnished at normal cost of reproduction.

3.2 NOTICE TO PROCEED

CONTRACTOR will be issued a written "Notice to Proceed" by OWNER upon compliance by CONTRACTOR with award procedures. The date of issuance of the "Notice to Proceed" shall be date of beginning of the Contract time.

3.3 STARTING THE PROJECT

The CONTRACTOR shall begin WORK within ten (10) days after issuance of "Notice to Proceed" and shall diligently prosecute the WORK to completion within the Contract Time. The CONTRACTOR shall notify the OWNER and ENGINEER two (2) days in advance of the date he will begin operation.

3.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK

The contractor shall thoroughly and carefully examine and be familiar with these CONTRACT DOCUMENTS and site of work. The failure of the CONTRACTOR to examine the CONTRACT DOCUMENTS or the site and to acquaint himself with conditions relating to the WORK shall not relieve him from any obligation of the CONTRACT DOCUMENTS.

3.5 PERFORMANCE AND PAYMENT BONDS

Simultaneously with the execution and delivery of the Contract, the CONTRACTOR shall furnish and file with the OWNER a properly executed Performance Bond on the prescribed form in an amount equal to one hundred percent (100%) of the total Contract Price as security for the faithful performance by the CONTRACTOR of all undertakings, covenants, terms, conditions, and agreements of the CONTRACT DOCUMENTS, including compliance with performance guarantees and for the repairs and/or replacement of defective or deficient work provided under the CONTRACT DOCUMENTS for a period one (1) year after the date of final acceptance by the

OWNER.

The CONTRACTOR shall also furnish and file with the OWNER, at the same time the Performance Bond is furnished, a Payment Bond on the prescribed form in an amount equal to one hundred percent (100%) of the total Contract Price as security for the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of WORK provided by the

CONTRACT DOCUMENTS.

The Contract shall not be in force or binding on the OWNER until the Performance Bond and Payment Bond have been provided.

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3.6 INTENT OF CONTRACT DOCUMENTS

It is the intent of these CONTRACT DOCUMENTS to prescribe a complete work and that the CONTRACTOR shall (a) furnish all labor, materials, products, supplies, tools, equipment, required to successfully execute and complete the WORK in accordance with these CONTRACT DOCUMENTS and to complete the WORK in an acceptable manner, ready for use, occupancy, or operation by OWNER within the time specified herein; and (b) carry out all duties and obligations imposed by these CONTRACT DOCUMENTS. The CONTRACT DOCUMENTS cover all matters relating to WORK which the CONTRACTOR undertakes to construct or perform. The CONTRACT DOCUMENTS are complementary, and what is called for by any part shall be as binding as if called for by all. Any reference to one part of these CONTRACT DOCUMENTS shall be construed as a reference to all parts.

3.7 ADDITIONAL WORK OR CHANGES

The OWNER may, at any time, without invalidating the Contract or any of the terms or conditions of the CONTRACT DOCUMENTS and without notice to the Sureties, make alterations, deviations, additions to, or omissions from the Drawings and other CONTRACT DOCUMENTS, including an increase or decrease of the quantity of any item or portion of the WORK, as may be deemed by the OWNER to be necessary or advisable and to require such extra WORK as may be determined by the OWNER to be required for the proper completion of the WORK as specified herein.

Should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such addition or subtraction in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the total original contract price by more than twenty-five percent (25%).

Any additional work not included in this contract or intended to be included in this contract that is performed by the CONTRACTOR will be paid for as an "extra" providing the work has been previously authorized and the cost agreed upon in writing by OWNER.

Such extra work shall be subject to payment by fixing the prices and the method of payment and of doing the work, or compensation shall be provided for on the basis of reasonable cost of necessary labor and material and an allowance of fifteen (15%) percent for overhead and profit as may be stipulated by OWNER in the written authorization for the WORK. The cost may include all items of labor or materials; the use of power tools, and equipment actually used, power, and all items of cost such as public liability and Workmen's Compensation Insurance, pro rata charges for foremen; also social security, old age and unemployment insurance; however, no percentage for overhead and profit shall be allowed on items of social security, old age and unemployment insurance. Among the items considered as overhead are included insurance other than mentioned above, bond or bonds, superintendence, timekeeper, clerks, watchmen, use of small tools, incidental tools and equipment shall not exceed the charges listed in the latest edition of the "Contractor's Equipment Ownership Expenses" as published by the Associated General Contractors of America, Inc.

The CONTRACTOR shall give OWNER and ENGINEER access to all accounts, bills, payrolls, and vouchers relating to such extra work, and he agrees that he shall have no claim for compensation for such extra work in the case of items not covered by unit price unless a statement in writing of the actual cost of the same, fully itemized as to labor, materials, and other allowable costs is presented to ENGINEER before the fifteenth (15th) day of the month following that during which each specific order was complied with.

Any such changes will be set forth in a Change Order which will specify the change in WORK to be done, adjustment to Contract time, and the basis of compensation for the changes. A Change Order

(Supplementary General Provisions) 00800-6 will not become effective until approved by the OWNER and accepted by the CONTRACTOR.

After approval and acceptance, the Change Order will become a part of the CONTRACT

DOCUMENTS.

3.8 SOCIAL SECURITY

The CONTRACTOR shall be and remain an independent CONTRACTOR with respect to all services to be performed hereunder and agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, or old age retirement benefits, pensions, or annuities not or hereafter imposed under any State or Federal law which are measured by wages, salaries, or other enumeration paid to persons employed by the CONTRACTOR on work performed under the terms of this Contract, and further agrees to obey all lawful rules and regulations and to meet all lawful requirements which are now or hereafter may be issued or promulgated under said respective laws by any duly authorized State or Federal officials;

and said CONTRACTOR also agrees to indemnify and save harmless the OWNER from any such contributions or taxes or liability thereof.

3.9 ADMINISTRATION OF OVERTIME WORK

It is the intent of this Contract that the CONTRACTOR provide the necessary work force to complete the work during normal working hours within the Contract time. Normal working hours shall be defined as a day not greater than ten hours (8:00 a.m. to 6:00 p.m.) Monday through Friday with trade recognized legal holidays accepted.

No work beyond the normal working hours defined above requiring the presence of the ENGINEER or Construction Observer will be permitted, except in the case of an emergency, without the written permission of the OWNER.

Should the CONTRACTOR require the services of the OWNER's work force beyond the OWNER's normal working hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, the CONTRACTOR will compensate the OWNER for the overtime pay cost incurred. A minimum of four (4) hours will be charged to the CONTRACTOR for each occurrence. The OWNER will issue a work order to the CONTRACTOR for each request for overtime services. The CONTRACTOR shall reimburse the OWNER for all such expenses by certified check or cashier check, within thirty (30) days of invoicing. Should the CONTRACTOR desire to perform scheduled overtime work, he shall make a written request to the OWNER for permission to do so. The OWNER and ENGINEER will issue a Field Order to the CONTRACTOR for the cost of all resultant project administrative and construction observation costs. The CONTRACTOR shall reimburse the OWNER by certified check or money order for all such costs incurred within thirty (30) days of invoicing.

Failure of the CONTRACTOR to reimburse the OWNER for overtime work within the specified time will result in the amount due being withheld from the CONTRACTOR's latest pay request.

3.10 SUBCONTRACTS

The CONTRACTOR may subcontract portions of the WORK, however, he shall not award any work to any SUBCONTRACTOR without prior written approval of the OWNER.

Upon contracting with a new SUBCONTRACTOR, a CONTRACTOR or SUBCONTRACTOR shall notify Oconee County and shall deliver a completed Sub-Contractor Affidavit to Oconee County within five (5) working days of entering into a contract or agreement of hire with the SUBCONTRACTOR before the new SUBCONTRACTOR begins any work.

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The CONTRACTOR shall give his personal attention to the fulfillment of the Contract and shall at all times keep the WORK under his control.

3.11 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.

The CONTRACTOR must be aware that due to the laws of the State of Georgia, he shall be responsible for making all necessary arrangements with the governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the WORK so that such items may be properly shored, supported and protected, or the CONTRACTOR shall comply with requirements of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this work.

The CONTRACTOR's attention is called to the fact that there may be delays on the project due to work done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties, in every way possible, so that the construction can be completed in the least possible time.

The CONTRACTOR shall have made himself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the WORK, or materials and equipment used in or upon the WORK, or in any way effect the conduct of the WORK, and no plea of misunderstanding will be considered on account of his ignorance thereof.

3.12 RECORD DOCUMENTS AND DRAWINGS

The CONTRACTOR shall maintain at the site of the WORK, two (2) sets of CONTRACT DOCUMENTS and Drawings throughout the course of the project. One (1) set of CONTRACT DOCUMENTS and Drawings will remain clean without markup for record purposes. The CONTRACTOR shall use the additional set for marking measurements, on-site changes, items of construction that are actually used, and other conditions as they are encountered during the course of the WORK. This marked-up set of CONTRACT DOCUMENTS and Drawings shall consist of red-lined copies of plans and shop drawings, shall indicate actual field dimensions, shall represent the WORK as actually constructed, and shall be recorded on a daily basis. Failure to produce these records on request of the ENGINEER shall constitute grounds to halt construction with no time extension until steps are taken to see that these records are being properly made.

Prior to the final payment, the CONTRACTOR shall furnish to the ENGINEER two (2) neatly marked sets of construction plans or one (1) electronic copy in pdf format which accurately depict the "as-built" conditions and locates all valves, hydrants, wyes, manholes, cleanouts, lines, laterals, taps, meters, service connections, and pump stations, equipment, materials or parts, stockpiles and other constructed appurtenances. The ENGINEER shall promptly notify the CONTRACTOR in writing if additional information is required.

3.13 PUBLIC CONVENIENCE AND SAFETY

CONTRACTOR shall at all times conduct the WORK in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the WORK area shall be provided for in a satisfactory manner, consistent with

(Supplementary General Provisions) 00800-8 the operation and local conditions. Traffic control or warning signs shall be placed immediately adjacent to the WORK, in a conspicuous position, at such locations as traffic demands.

If at any time, in the opinion of the ENGINEER, the WORK is not properly lighted, barricaded, and in all respects safe, to public travel or adjacent property, public or private, and if under such circumstances the CONTRACTOR does not or cannot immediately put the same into proper and approved condition, or if the CONTRACTOR or his representative is not upon the grounds so that he can be immediately notified of the insufficiency of safety precautions, then the OWNER, on recommendation of the ENGINEER, may put the WORK into a condition that shall be considered safe. The CONTRACTOR shall pay all expenses of labor and materials as may have been used for this purpose by him or by the OWNER. Such action of the ENGINEER or OWNER, or their failure to take such action, shall in no way relieve the CONTRACTOR of the responsibility of any cost, loss or damage by any party sustained on account of the insufficiency of the safety precautions.

3.14 SHOP DRAWINGS AND SCHEDULES

At least five (5) days prior to the preconstruction conference, the CONTRACTOR shall submit to OWNER a proposed program of operation, showing how he proposes to complete his WORK within the specified time limit. This program shall outline the proposed sequence of operation, the rates of progress, projected monthly draws, and the dates when his WORK will be sufficiently advanced to permit the installation of WORK under other contracts (if applicable). The WORK under this contract shall be so scheduled that as sections are completed they can be placed into useful operation with a minimum of delay. The program shall be subject to the approval of OWNER and

ENGINEER.

CONTRACTOR, at his own expense, shall submit for approval to ENGINEER, four (4) complete sets of shop drawings and schedules required for the WORK, and no WORK shall be fabricated by the CONTRACTOR, except at his own risk, until such approval has been given. Upon approval, ENGINEER shall return two (2) sets of shop drawings to CONTRACTOR and the remaining two (2) sets will be retained by ENGINEER.

CONTRACTOR shall submit all drawings and schedules sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting, and rechecking; and no claim by CONTRACTOR for delays arising from his failure in this respect will be allowed.

All shop drawings submitted, if not prepared by CONTRACTOR, must bear the stamp of approval of CONTRACTOR as evidence that the drawings have been checked by CONTRACTOR. Any submissions without this stamp of approval will not be considered and will be returned to CONTRACTOR for resubmission.

Where shop drawings as submitted by CONTRACTOR indicate a departure from the Contract which ENGINEER deems to be a minor adjustment in the interest of OWNER, not involving a change in the Contract Price or Contract Time, ENGINEER shall approve the drawing, but the approval will contain, in substance, the following notation:

"The modification shown on the attached drawings is approved in the interest of the OWNER to effect an improvement for the Project and is accepted with the understanding that it does not involve any change in the Contract Price or Contract time; that it is subject generally to all Contract stipulations and covenants; and that it is without prejudice to any and all rights of the OWNER under the Contract and Bond or Bonds."

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Approval by ENGINEER of shop drawings will be general and shall not relieve CONTRACTOR from the responsibility for adherence to the Contract, nor shall it relieve him of the responsibility for any error which may exist.

3.15 WORK IN INCLEMENT WEATHER

CONTRACTOR is presumed to have taken all difficulties due to weather conditions into consideration in preparing his proposed Contract Price and in establishing his time for completion of the WORK under this Contract. He must be prepared and must take all precautions to protect WORK from unfavorable weather and extremes of temperature, whether hot or cold. He shall provide approved facilities for protecting against unfavorable weather at all times, to the entire satisfaction of

OWNER.

Completion time will not be extended for normal bad weather. Time for completion as stated in the CONTRACT DOCUMENTS includes time due to allowance for calendar days on which work cannot be performed out-of-doors. For the purpose of this Contract, CONTRACTOR agrees that he may expect to lose calendar days due to weather in accordance with the following table:

January 14 days May 6 days September 2 days February 14 days June 3 days October 3 days March 10 days July 4 days November 5 days April 7 days August 2 days December 9 days

If the total accumulated number of working days lost to the weather for any month exceeds the total accumulated number to be expected for that month, time for completion will be extended by the number of calendar days needed to include the excess number of working days lost. All requests for time extensions must be submitted in writing to the OWNER by the 15th day of each month following the month that had excessive weather delays. No consideration will be given to late requests. No changes in the contract sum will be authorized because of adjustment of contract time due to weather.

3.16 ONE YEAR CORRECTION PERIOD

The CONTRACTOR shall warrant the work for a period of one (1) year after the date of substantial completion. One month prior to the end of the one-year warranty period, an eleven (11) month inspection shall be held at the job site with the OWNER, CONTRACTOR, and ENGINEER. The purpose of this inspection shall be to identify and correct work which has become defective during the Warranty Period. The correction of such work shall be prompt and at the CONTRACTOR's expense.

3.17 PROGRESS PAYMENT APPLICATION

CONTRACTOR shall submit to ENGINEER, on forms furnished by ENGINEER, no later than the 25th day of each month, a progress payment request for the amount of work accomplished, products furnished, and products stored at the site during the previous month. Progress payment request shall be signed by the CONTRACTOR and be supported by such data as OWNER may reasonably require. If payment is requested for products not incorporated in the WORK, but delivered and suitably stored at or near the site, the progress payment request shall also be accompanied by such supporting data, satisfactory to OWNER, as will establish OWNER's title to said products and protect his interest therein, including appropriate insurance.

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ENGINEER shall, within ten (10) days after receipt of each progress payment request, either indicate in writing his recommendation of the payment request, or return the progress payment request to CONTRACTOR indicating in writing his reasons for refusing to approve it.

A progress payment will not be made when, in the judgment of OWNER or ENGINEER, the WORK is not proceeding in accordance with the provisions of these CONTRACT DOCUMENTS.

OWNER shall, within thirty (30) days after approval of progress payment request, pay CONTRACTOR a partial payment based on the approved progress payment request, less the retainage and other deductions pursuant to the terms of these CONTRACT DOCUMENTS (Reference Section 00510, Article 5 - Payment Procedures).

It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve CONTRACTOR in any way from his responsibilities and obligations under these

CONTRACT DOCUMENTS.

3.18 RETAINAGE AND FINAL PAYMENT APPLICATION

Upon completion and after final acceptance of the WORK by the OWNER, the ENGINEER will authorize the preparation of a final pay request for the work done by CONTRACTOR and the value thereof. Preparation of the final price and final payment request will not be authorized until the affidavits, release of liens and other statements and certifications required of CONTRACTOR under these CONTRACT DOCUMENTS have been received by OWNER. ENGINEER will submit to OWNER the final price and final payment request, together with a certification stating that the work is complete and in substantial conformance with these CONTRACT DOCUMENTS. The entire balance found to be due CONTRACTOR, including retained percentages, but except such sums as may be retained under any provisions of these CONTRACT DOCUMENTS, will be paid to

CONTRACTOR.

Retainage shall be in accordance with Georgia State Law, O.C.G.A. § 13-10-80, as amended.

Final payment to CONTRACTOR by OWNER shall not serve to release CONTRACTOR or his sureties from their obligation or responsibilities under or in connection with these CONTRACT

DOCUMENTS.

Acceptance by CONTRACTOR of final payment shall be and shall operate as a release to OWNER of all claims and all liability to CONTRACTOR other than claims in stated amounts as may be specifically excepted by CONTRACTOR for all things done or furnished in connection with work under these CONTRACT DOCUMENTS and for every act and neglect of OWNER and others relating to or arising out of this work.

3.19 SITE CONDITIONS

OWNER does not make any representation as to the soil conditions to be encountered or as to foundation materials. The CONTRACTOR must assume all risk as to the nature and behavior of the soil which may be encountered or of soil, or water, or rock, which underlies the Work or is adjacent thereto, including any difficulties that may be due to quicksand or other unfavorable conditions that may be encountered in the WORK, whether apparent upon surface inspection or disclosed only in the process of carrying forward the WORK.

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3.20 CONSTRUCTION CLEARING

Whole clearing of construction rights-of-way, easements, or construction sites will not be allowed.

Clearing shall be minimized, and the CONTRACTOR shall make every effort to save trees, shrubs and bushes that are within the construction limits. Timber which is cut shall remain the property of the land owner where the cutting occurred.

All trees within the working easements shown on the CONTRACT DOCUMENTS are property of the existing land owners. If the property owner wishes to keep the timber, the CONTRACTOR shall cut the timber in reasonable lengths and stack such timber on OWNER's property. If the property owner does not wish to keep the timber, the timber shall become the property of the CONTRACTOR and shall be removed from the site and disposed of at the CONTRACTOR's expense. All stumps, rubbish, and other material, not suitable as timber, shall be removed from the site at the CONTRACTOR's expense.

3.21 EASEMENTS AND RIGHTS-OF-WAY

The WORK herein specified is located in Oconee County, Georgia. The CONTRACTOR's operations must be confined inside such property, rights-of-way or easement lines.

Whenever it is required as a part of this contract to perform work within the limits of private property easements or in rights-of-way, such work shall be done in conformity with all permits and agreements between the OWNER and the owners of such, and whether or not such a condition be part of the agreement, care shall be taken to avoid injury to the premises entered, which premises shall be left in a neat and orderly condition by the removal of rubbish and the grading of surplus materials and the restoration of said private property to the same general condition as existed prior to the start of construction. The CONTRACTOR shall not (without the consent from the proper parties) enter or occupy with men, tools, or equipment, any land outside the rights-of-way or private property.

3.22 STORING OF MATERIALS

All materials and equipment required in the WORK may be stored in areas directed by the OWNER, but all such materials, tools, and machinery shall be neatly and compactly piled in such a manner as to cause the least inconvenience to the property owners and the traffic. All fire hydrants must, at all times, be kept free and unobstructed and water and gas shut-off boxes, underground power and telephone line manholes must be left uncovered by such materials.

Materials, tools, and machinery shall not be piled or placed against shade trees unless such trees shall be amply protected against injury therefrom. All materials, tools, machinery, etc. stored upon public thoroughfares must be provided with sufficient warning lights at night time to alert traffic of such obstruction.

3.23 MEASURES AND WEIGHTS

To aid the ENGINEER in determining all quantities, the CONTRACTOR shall, whenever so requested, provide scales, equipment, and assistance for weighing or for measuring any of the materials.

It is understood and agreed that a "ton" shall mean the short ton of two thousand (2,000) pounds.

Weights and measures of quantity for payment will be the actual weight or actual measure, and no special or trade or so-termed customary allowances will be made, nor will any material which is lost or misplaced be included for payment.

(Supplementary General Provisions) 00800-12

3.24 USE OF UTILITIES OR STRUCTURES

The OWNER shall have the right to connect any sewer, conduit, pipe line, or structure within the WORK and its appurtenances herein described, or to grant permits to make connection therewith, at any time after the item has been tested and approved by the ENGINEER prior to final acceptance by OWNER. The CONTRACTOR shall not interfere with the making of such connections, and no extra allowances shall be made to said CONTRACTOR on account thereof.

3.25 USE OF STREETS

During the process of the WORK, the CONTRACTOR shall make ample provision for both vehicular and foot traffic on any public road, and shall indemnify and save harmless the OWNER from any expense whatsoever due to his operations over said roadways. The CONTRACTOR shall also provide free access to all driveways, fire hydrants, water and gas valves, etc., located along the line of his WORK. Gutters and waterways must be kept open or other provisions made for the removal of storm water. Street intersections may be blocked by one-half at a time, and the CONTRACTOR shall lay and maintain temporary driveways, bridges, and crossings, such as in the opinion of the ENGINEER are necessary to reasonably accommodate the public. In the event of the CONTRACTOR's failure to comply with these provisions, the OWNER may cause the same to be done, and still deduct the cost of such work from any moneys due or to become due the CONTRACTOR under this new agreement, but the performance of such work by the OWNER or at its instance, shall serve in no way to release the CONTRACTOR from his general or particular liability for the safety of the public or the WORK.

No pavement cuts are to be left unfilled overnight, except in emergencies, and in such cases, adequate precautions must be exercised to protect traffic.

3.26 PROTECTION OF EXISTING BUILDINGS AND STRUCTURES

The CONTRACTOR shall, at his own expense, shore up and protect any buildings, bridges, or other public or private structures which may be encountered or endangered in the execution of the WORK, and that may not be otherwise provided for, and he shall repair and make good any damages caused to any such property by reason of his operations. No payment will be made for said work or material except that such lumber as the ENGINEER may order left in place as permanent supports for these structures, shall be paid for as provided in the Specifications.

3.27 LINE AND GRADE

Alignment and grade shall be the responsibility of the CONTRACTOR.

3.28 ACCESS ROADS

Streets, roads, and drives used by the CONTRACTOR for access to and from the sites of his work shall be protected from damage in excess of that caused by the normal traffic of vehicles used for or in connection with construction work. Any such damage done shall be repaired immediately and left in good condition at the end of the construction period. During dry periods of weather, dirt roads used for access to and from work sites shall be watered periodically to eliminate and control dust.

(Supplementary General Provisions) 00800-13

3.29 WATER SUPPLY

All water for construction purposes, as well as the expense of having the water conveyed about the WORK, shall be provided by the CONTRACTOR and the cost of this work shall be included in the Unit or Lump Sum price bid for the various Items of the WORK to be done under this Contract except as indicated in Division 01. The source, quality, and quantity of water furnished shall, at all times, be acceptable to all governing agencies and the ENGINEER.

3.30 SEWAGE AND WATER FLOWS

The CONTRACTOR shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling and properly disposing of any water, sewage, seepage, storm, surface, and flood flows which may be encountered at any time during the construction of the WORK and in such manner as to not endanger or damage property. The manner of providing for these flows shall meet with the approval of the ENGINEER and the entire cost of said work shall be included in the Unit or Lump Sum Prices bid for the various Sections of the WORK to be done under this Contract.

3.31 ENVIRONMENTAL REQUIREMENTS

a. Air Pollution

The CONTRACTOR shall be responsible for any necessary burning permits.

b. Stream Pollution

1. Conduct all work in such a manner as to prevent stream siltation.

2. No discharges for untreated or partially treated wastewater to streams are allowed.

3. Any State NPDES Stormwater Discharges Permit(s) required, including a Notice of Intent (NOI), is the responsibility of the OWNER.

4. Monitoring and reporting requirements associated with a NPDES Stormwater discharges Permit shall be the responsibility of the CONTRACTOR.

END OF SECTION