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HomeMy WebLinkAbout2017-07-18 Meeting AgendaCommission Meeting Agenda Commission Chamber 7/18/2017 2:00 PM INVOCATION:Father Michael Hull, Pastor, St. Ignatios Melkite Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month A. Congratulations! Glenn Hall, Client Support Specialist from Information Technology, as the July 2017 employee of the month. Attachments Jamel Robinson, Augusta Boxing Club B.Congratulations! on clinching the Title/Gold Medal in Junior Olympic National Boxing Tournament in Charleston, W. Va. on July 1, 2017. (Requested by Commissioner Bill Fennoy) Attachments Five (5) minute time limit per delegation DELEGATIONS C. Mr. Calvin Rhodes, Executive Director of Georgia Technology Authority regarding an update on Georgia's Cyber Innovation and Training Center Project. Attachments D.Mr. Kenneth Pugh regarding solid waste collection during inclement weather. Attachments E.Presentation by NextSite360- Chuck Branch. (Requested by the Mayor Hardie Davis, Jr.) Attachments F. Ms. Aliegha Brigham, Richmond County Tax Commissioner's Office regarding their partnership with Fort Gordon. Attachments CONSENT AGENDA (Items 1-23) PLANNING 1. Z-17-17 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions listed below a petition by Larry G. Check, on behalf of Michael Woodcock, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 affecting property containing .88 acres and known as 3161 Gordon Highway. Tax Map 092-0-015-00-0 DISTRICT 3 1. The only additional structure permitted shall be the billboard as described in this application. 2. Any other new structures would need to return to the Planning Commission for additional approval. Attachments 2. Z-17-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Monks of Mt. Tabor, on behalf of the Order of St. Helena requesting a Special Exception to utilize the existing former convent as a monastery per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 20 acres and known as 3042 Eagle Drive. Tax Map 109-0-001-00-0 DISTRICT 6 1. The use of the property shall be limited to a monastery with no community outreach programs conducted on site. 2. The property shall be inspected for a Certificate of Occupancy as to a transfer of use and to ensure compliance with all necessary building and fire codes. 3. Emergency access shall be provided for public safety agencies. Attachments 3. Z-17-22 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions listed below a petition by Gordon Hardy, on behalf of Pilcher-Hardy Rentals, LLC, requesting a Special Exception to re-establish a church in an existing structure per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing 3.41 acres and known as 2801 Ingleside Drive. Tax Map 025-2-124-02-0 DISTRICT 7 1. The water and sewer shall be inspected to ensure they meet the capacity Attachments for the occupants’ use. 2. The property shall be inspected for a Certificate of Occupancy as to a transfer of use and to ensure that all codes are being met. 3. Any additions or expansion of the property shall require a site plan to ensure compliance with existing codes and ordinances. 4. Any additional parking lot or security lighting shall be directed away from adjoining residential properties. 4. Z-17-26 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Guru Darshaw, LLC requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing .98 acres and known as 2657 Tobacco Road. Tax Map 140-2-002-00-0 DISTRICT 4 Attachments PUBLIC SERVICES 5.Motion to approve Marina and Warehouse Operations Contract RFQ 16- 204A. (Approved by Public Services Committee July 11, 2017) Attachments 6.Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 6, Article 3, Regulated Businesses, to add a new Section 6-6-48 to provide regulations for Special Entertainment Permits, and to Title 2, Chapter 1, Article 1, Business Tax Certificate, Section 2-1-3 Administrative and Regulatory Fee Structure, to establish the Special Entertainment Permit regulatory fee. AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, NEW SECTION 6-6-48 SPECIAL ENTERTAINMENT PERMIT; SO AS TO PROVIDE REGULATIONS FOR THE REQUIREMENT OF AN OCCUPATION TAX CERTIFICATE, THE PROCESS FOR PERMIT RENEWAL; HOURS OF OPERATION; AND TO PROVIDE PENALTIES FOR VIOLATING THE CODE SECTION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. SPECIAL ENTERTAINMENT PERMIT; SO: (Approved by the Commission June 29, 2017 - second reading) Attachments ADMINISTRATIVE SERVICES 7.Motion to approve amending the phase II James Brown Blvd sidewalk project to include painted record images of the Godfather of Soul’s Attachments greatest hits. Painted record images would be located on both sides of the street along James Brown Blvd. and to receive a report back in 30-days from the DDA, the Arts Council and Housing & Development as to how the City can move forward with the project utilizing funding from GDOT as a primary source or another grant if GDOT funding cannot be used. (Approved by Administrative Services Committee July 11, 2017) 8.Motion to approve holding a work study session of the Administrative Services Committee regarding the development of an evaluation tool for the Administrator and direct reports. (Approved by Administrative Services Committee July 11, 2017) Attachments 9.Motion to designate the corridor between 8th Street and 9th Street from Laney Walker Blvd to Reynolds St as the James Brown Heritage Trail and start process. (Approved by Administrative Services Committee July 11, 2017) Attachments 10.Motion to approve amendment to Augusta, Georgia Procurement Code to include the adoption of Public-Private Partnership (P3) “Unsolicited Proposals”. (Approved by Administrative Services Committee July 11, 2017) Attachments PUBLIC SAFETY 11.Motion to approve acceptance of contract for Accountability Court Case Manager. (Approved by Public Safety Committee July 11, 2017) Attachments 12.Motion to approve acceptance of the Criminal Justice Coordinating Council (CJCC) Juvenile Justice Incentive Grant Award in the amount of $300,000.00, MOU Agreement with Community Solutions, Inc. (CSI) in the amount of $263,000.00 and grant director/coordinator in the amount of $28,800.00 Grant # Y18-8-002 (Approved by Public Safety Committee July 11, 2017). Attachments FINANCE 13.Motion to approve New Position in the Juvenile Court (Administrative Assistant II, Salary Grade 43). (Approved by Finance Committee July Attachments 11, 2017) ENGINEERING SERVICES 14.Motion to approve authorizing the Administrator to seek quotations from professional services firms to perform a programmatic,operations and financial review of the Environmental Services Department with the option of having an audit if they decide that is necessary. (Approved by Engineering Services Committee July 11, 2017) Attachments 15.Motion to approve funding for final Design Consultant Services Supplemental Agreement to Wolverton & Associates, Inc. in the amount of $1,347,424.97 for the 15th Street Pedestrian Improvement Project as requested by the AED.(Approved by Engineering Services Committee July 11, 2017) Attachments 16.Motion to approve Professional Services Proposal from WK Dickson & Company for the necessary design of Utility Relocations for the GDOT SR 4/15th Street from Milledgeville Rd to Government Rd Project in the amount of $125,000. (Approved by Engineering Services Committee July 11, 2017) Attachments 17.Motion to authorize condemnation to acquire title of a portion of property for permanent easement – 128 Courtland Drive (Parcel 061-2- 206-00-0).(Approved by Engineering Services Committee July 11, 2017) Attachments 18.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-080-00-0) 199 Dan Bowles Road. (Approved by Engineering Services Committee July 11, 2017) Attachments 19.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 088-3-001-00-0) 2007 Florida Road. (Approved by Engineering Services Committee July 11, 2017) Attachments 20.Motion to approve Award of Bid #17-207 for the Construction of the Attachments Rock Creek Relief Sewer Project to Legacy Water Group.(Approved by Engineering Services Committee July 11, 2017) 21.Motion to approve a request for Solid Waste Collections change in Yard Waste/Bulky Waste Services. (Approved by Engineering Services Committee July 11, 2017) Attachments PETITIONS AND COMMUNICATIONS 22.Motion to approve the minutes of the regular and Legal/Executive Session meetings of the Commission held June 29 and July 11, 2017. Attachments APPOINTMENT(S) 23.Motion to approve the appointment of Mr. Lowell Greenbaum to the Augusta Canal Authority representing District 1. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/18/2017 AUGUSTA COMMISSION REGULAR AGENDA 7/18/2017 (Items 24-31) PUBLIC SERVICES 24.New Location Application: A.N. 17-21: A request by Kweli J. Hall for a retail package Beer & Wine License to be used in connection with Greene Street Grocery located at 1002 Greene Street. District 1. Super District 9. (No recommendation from Public Services Committee July 11, 2017) Attachments ADMINISTRATIVE SERVICES 25.Motion to adopt an Authorizing Resolution in connection with the Attachments Laney-Walker and Bethlehem Redevelopment Plan to authorize Augusta to enter into an Intergovernmental Redevelopment Contract with the Urban Redevelopment Agency of Augusta and to execute such other ancillary documents as approved by the General Counsel which are necessary in support of the issuance of bonds by the Urban Redevelopment Agency of Augusta in with the construction of the Foundry Place project. (Requested by Commissioner Sammie Sias) 26.Discuss the suspension and/or debarment of contractors involved in Environmental Services Department's use of ARC Equipment in Lincoln County on private property in accordance with but not limited to Procurement Section 1-10-80 of the Augusta Code. (Requested by Commissioner Marion Williams) Attachments PUBLIC SAFETY 27.Discuss the preservation of the Joint Law Enforcement Center, 401 Walton Way. Attachments 28.Motion to approve revised Probation Services Order (7.11.17). (Approved by Public Safety Committee Committee July 11, 2017) Attachments FINANCE 29.Receive as information the results of the 2016 financial audit. Attachments ADMINISTRATOR 30.Discuss/approve revenue source for Street Lighting.Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Upcoming Meetings www.augustaga.gov 31.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 7/18/2017 2:00 PM Invocation Department: Department: Caption:Father Michael Hull, Pastor, St. Ignatios Melkite Catholic Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Employee of the Month Department: Department: Caption: Congratulations! Glenn Hall, Client Support Specialist from Information Technology, as the July 2017 employee of the month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AUGUSTA GEORGIA EMPLOYEE RECOGNITION COMMITTEE Sylvia Williams, Committee Chairperson July 18, 2017 Mayor Davis: The Employee Recognition Committee has selected Glenn Hall, IT Department as Augusta, Georgia’s Employee of the Month for July 2017. Mr. Glenn Hall is a true asset to the IT Department and the City of Augusta and deserves recognition for his humble approach to customer service, innovation and problem solving. Glenn was able to lead a team of employees to a technological solution that showcases the City of Augusta, the Tax Commissioner’s Office and the IT Department as innovative problem solvers who look to improve the services to the constituents we serve. Glenn was asked to devise a way for the Tax Commissioner’s Office to use technology to become more mobile and allow them to meet customer expectations. Glenn consulted with key personnel in the IT Department and offered a technology solution that would allow the Tax Commissioner’s Office to open a “mobile tag office” and offer tag and title services at Fort Gordon and other sites with lower costs than traditional new locations usually require. Glenn worked tirelessly to make sure the technology solution that was offered was reliable and easy to use so that Tax Commissioner employees could perform their daily duties without interruption and as seamless as they would do at a permanent site. The goal was to maintain the same level of speed and reliability from the technology solution that we would have on the City of Augusta’s IT system. Glenn gives much credit to Troy Taylor and others in his department for helping him to research and analyze the problem and offer the correctly configured solution. While the technology that Glenn used was available and used in other situations and at other times, it is the creativity and understanding of his customer and how the technology could be applied in the requested situation that sets him apart. This creativity was recently on display at a statewide Tax Commissioner Technology Conference where Glenn helped present the same concept to a room full of wide –eyed Georgia Department of Revenue officials, IT professionals, and conference attendees who simply could not figure out how the Richmond County Tax Commissioner’s Office was able to produce this innovative and cost effective mobile solution. Unfortunately, they didn’t have Glenn Hall and Augusta’s IT Department on their team… Lastly, the last two times the Tax Commissioner’s Office moved into a new site, the costs were over $35,000 per workstation for the West Augusta Tag Office and $50,000 for the South Augusta Tag Office for total project costs of over $200,000 and $400,000 respectively. Moving into the new site on Fort Gordon cost the Tax Commissioner’s Office and the City of Augusta about $3,500 per workstation or a total cost of about $7,000 as we stand today. The projected cost savings based on similar facilities and furnishings at the other sites would be about $75,000.00. We again congratulate Glenn Hall on his commitment to his job, his department, his customers and the City of Augusta. Job well done… Based on this nomination, Glenn’s outstanding contribution to the Augusta IT Department and his service to Augusta, Georgia the Employee Recognition Committee would appreciate you joining us in recognizing Glenn as the July 2017 Employee of the Month. Thank you, The Employee Recognition Committee: Sylvia Williams, Committee Chairperson Judith Sink Takiyah A. Douse Edeltraud Coleman Linda Jones Carla S. Moore Commission Meeting Agenda 7/18/2017 2:00 PM Jamel Robinson, Augusta Boxing Club Department: Department: Caption:Congratulations! on clinching the Title/Gold Medal in Junior Olympic National Boxing Tournament in Charleston, W. Va. on July 1, 2017. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Mr. Calvin Rhodes GTA Department: Department: Caption: Mr. Calvin Rhodes, Executive Director of Georgia Technology Authority regarding an update on Georgia's Cyber Innovation and Training Center Project. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Kenneth Pugh Department: Department: Caption:Mr. Kenneth Pugh regarding solid waste collection during inclement weather. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: second and last Tuesdays of each month - r:00 p.m. commission/commiffee: (Please check one and insert meeting date) Y Commission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Contact Information for IndividuaUPresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to,f -t ;/ l.e placed on Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 7/18/2017 2:00 PM Presentation by NextSite360 Department: Department: Caption:Presentation by NextSite360- Chuck Branch. (Requested by the Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Importance: Mayor Hardie Davis, Jr. Wednesday, luly L2,2017 4:3L pM Lena Bonner; Louis C. Brazzell Marcus Campbell Tuesday July 18th Agenda High Ms. Bonner please add the following to the delegation portion of the agenda: 1. Presentation by NextSite360 - Chuck Branch Please consider the environment before printing this email. a resull of the e*naiJ transmissiotr. lf verification is require<1, please request a naid copy versron.AED:'104.1 Commission Meeting Agenda 7/18/2017 2:00 PM Aliegha Brigham Department: Department: Caption: Ms. Aliegha Brigham, Richmond County Tax Commissioner's Office regarding their partnership with Fort Gordon. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Z-17-17 Department:Planning and Development Department:Planning and Development Caption: Z-17-17 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions listed below a petition by Larry G. Check, on behalf of Michael Woodcock, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 affecting property containing .88 acres and known as 3161 Gordon Highway. Tax Map 092-0-015- 00-0 DISTRICT 3 1. The only additional structure permitted shall be the billboard as described in this application. 2. Any other new structures would need to return to the Planning Commission for additional approval. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Z-17-21 Department:Planning and Development Department:Planning and Development Caption: Z-17-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Monks of Mt. Tabor, on behalf of the Order of St. Helena requesting a Special Exception to utilize the existing former convent as a monastery per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 20 acres and known as 3042 Eagle Drive. Tax Map 109-0-001-00-0 DISTRICT 6 1. The use of the property shall be limited to a monastery with no community outreach programs conducted on site. 2. The property shall be inspected for a Certificate of Occupancy as to a transfer of use and to ensure compliance with all necessary building and fire codes. 3. Emergency access shall be provided for public safety agencies. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Z-17-22 Department:Planning and Development Department:Planning and Development Caption: Z-17-22 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions listed below a petition by Gordon Hardy, on behalf of Pilcher-Hardy Rentals, LLC, requesting a Special Exception to re-establish a church in an existing structure per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 3.41 acres and known as 2801 Ingleside Drive. Tax Map 025-2-124-02-0 DISTRICT 7 1. The water and sewer shall be inspected to ensure they meet the capacity for the occupants’ use. 2. The property shall be inspected for a Certificate of Occupancy as to a transfer of use and to ensure that all codes are being met. 3. Any additions or expansion of the property shall require a site plan to ensure compliance with existing codes and ordinances. 4. Any additional parking lot or security lighting shall be directed away from adjoining residential properties. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Z-17-26 Department:Planning and Development Department:Planning and Development Caption: Z-17-26 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Guru Darshaw, LLC requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property containing .98 acres and known as 2657 Tobacco Road. Tax Map 140-2-002-00- 0 DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Marina and Warehouse Operations Contract Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve Marina and Warehouse Operations Contract RFQ 16-204A. (Approved by Public Services Committee July 11, 2017) Background: The proposed Contract will allow for Olde Town Pickers, LLC to operate these facilities. Analysis:A total of two firms were deemed compliant through the Procurement process and interviewed. Olde Town Pickers, LLC was chosen due to their experience in performing similar work and their familiarity with the facilities. Financial Impact:In Year One, the contract will net the City of Augusta $41,400. The amount increases to $46,800 in Year Two, and $53,280 in Year Three. Alternatives:1) To approve the proposed contract between the City of Augusta and Olde Town Pickers, LLC. 2) Take no action, with the resultant part-time contract remaining intact. Recommendation:Move to Approve Funds are Available in the Following Accounts: 104.06.1711/3831110 REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Request for Qualification Request for Qualifications will be received at this office until Friday, October 21, 2016 @ 11:00 a.m. for furnishing: RFQ Item #16-204A Marina Operator for the Augusta Recreation, Parks and Facilities Department Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Pre-Qualification Conference will be held on Friday, October 7, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, October 11, 2016 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the RFQ including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFQ which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 15, 22, 29, October 6, 2016 Metro Courier September 21, 2016 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies U.S. Mariners / Micheal (flipa) Griffin 412 Greene Street Augusta, GA 30901 YES 1111093 Yes YES YES Olde Town Pickers 261 Broad Street Augusta, GA 30901 YES 1111635 Yes YES YES Boatin & Floatin LLC 652 Gregory Dr. Evans, GA 30809 YES 1135136 Yes YES YES RFQ Item #16-204A Marina Operator for Augusta, Georgia - Recreation & Parks Department RFQ Date: Friday, August 21, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 9 Pre-Qualifications/Telephone Conference Attendees: 12 Total packages submitted: 3 Total Noncompliant: 3 The following vendors did not respond: Mike's Marina / 1 Fifth Street / Augusta, GA 30901 Port Marine Services / 2209 Edgewood Dr. / Augusta, GA 30904 Page 1 of 1 U.S. Mariners / Micheal (flipa) Griffin 412 Greene Street Augusta, GA 30901 Olde Town Pickers 261 Broad Street Augusta, GA 30901 Boatin & Floatin LLC 652 Gregory Dr. Evans, GA 30809 A. Package submitted by the deadline Pass/Fail Pass Pass Pass B. Package is complete (includes requested information as required per this solicitation) Pass/Fail Pass Pass Pass C. Overall Quality of RFP (concise and to-the-point) 50 31.7 45.0 46.7 1. Respondents Experience 100 73.3 88.3 86.7 2. Financial Responsibility 100 63.3 88.3 90.0 3. Project Management 95 48.3 85.0 81.7 4. Key Personnel & Staff 90 66.7 85.0 83.3 5. Organizational Qualifications 85 43.3 75.0 76.7 6. Optional Interview (Potential Bonus Points)10 9.0 7.7 D. TOTAL 480 295.0 430.7 426.0 1. Prior experience in marina operation or knowledge of marina operation. 60 53.3 55.0 53.3 2. Experience in performing daily maintenance repairs and upkeep of marina area. (Examples include repair of water lines, simple dock repairs, facility cleaning.) 40 35.0 38.3 38.3 3. Prior sales experience with an emphasis on concessions and gasoline and ability to obtain Class “A” and Class “C” Fuel Operator Certification. 40 35.0 40.0 40.0 4. Ability to perform customer service to marina patrons by providing 24 hour emergency service, on site resident management. 40 35.0 38.3 36.7 5. Demonstrate an ability to coordinate with Recreation and Parks Department with Special Events on the River and an ability to develop a rental plan (canoes, kayaks etc.) 20 15.0 18.3 18.3 E. TOTAL 200 173.3 190.0 186.7 Within Richmond County 10 10 10 Within CSRA 8 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 10 10 8 H. References 10 4.0 4.3 9.3 Total 750 514.0 680.0 676.7 Evaluation Meeting - RFQ Item #16-204A Marina Operator for Augusta, Georgia - Recreation & Parks Department Evaluation Committee Meeting: Monday, November 7, 2016 @ 10:00 a.m. Vendors Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination D. Narrative Reference(s) (Total Points 10 Submittal and Quality of RFP Scope of Services (Total Points 200) E. Scope of Services F. Proximity to Area Proximity to Area (Total Points 10) Quality of RFP Proposer’s Overall Ability to Provide the Services (Total Points 470) Procurement DepartmentRepresentative: Nancy Williams Evaluator: Cumulative Date: 12/16/16 Procurement Department Completion Date: 12/16/16 Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Michael Y. Brown Mike's Marina 1 Fifth Street Augusta, GA 30901 Edward Dorr Port Marine Services 2209 Edgewood Drive Augusta, GA 30904 Michael (flipa) Griffin U.S. Mariners 412 Greene Street Augusta, GA 30901 Elizabeth W. Christian Olde Town Pickers 416 8th Street Augusta, GA 30901 Francis Christian 261 Broad Street Augusta, Ga. 30901 Marvin Metzger 14915 Coffee Bluff Road Savannah, Georgia 31419 Mike Brown 1906 Gordon Highway Augusta, Georgia 30904 RETURNED MAIL Phillip Maddox P.O. Box 31191 Augusta, Ga. 30903 Phillip Rhodes P.O. Box 9332 Augusta, Ga. 30916 Glen Parker Recreation, Parks & Facilities Darrell Bennett Recreation, Parks & Facilities Kellie Irving Compliance - LSBOP RFQ Item 16-204A Marina Operator for Recreation and Parks Dept. Due: Fri. 10/21/16 @ 11:00 a.m. RFQ Item 16-204A Marina Operator for Recreation and Parks Dept. Mailed: September 15, 2016 Recreation & Parks Department Administrative Office 2027 Lumpkin Road – PO BOX 5605 Augusta, GA 30916 (706) 796-5025 Office – (706) 796-4099 Fax www.augustaga.gov/recreation H. Glenn Parker, Director gparker@augustaga.gov June 5, 2017 TO: Geri A. Sams, Procurement Director FROM: H. Glenn Parker, Director SUBJECT: Recommendation on Request for Qualifications #16-204A Augusta Marina Operator The Augusta Procurement Department received three (3) compliant qualification packages for the referenced project. Based on review and recommendation from staff, the Department of Recreation and Parks recommends award of RFQ Item 16-204A to Olde Town Pickers. Upon your review and approval, we will be forwarding this item to the Commission for consideration. Please let us know if you have any questions. Cc: Phyllis Johnson, Procurement. Gary Hegner, Deputy Director for Parks Page 1 of 7 STATE OF GEORGIA COUNTY OF RICHMOND RIVERWALK MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT THIS RIVERWALK, MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT, made and entered into, effective the 1st day of ___________, 2017 by Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), and Olde Town Pickers (hereinafter referred to as “Operator.” W I T N E S S E T H: Whereas, Augusta is the owner and operator of the Riverwalk Marina, consisting of that parcel of land with improvements thereon, as shown in Exhibit “A” on the Savannah River, whose address is #1 Fifth Street, Augusta, Richmond County, Georgia, Tax ID Parcel #037-4-001-04-0 (Tracts 1, 1A, 1B and 1C) and extending down-river until the Gordon Highway Bridge; and the Riverfront Marina; all that parcel of land with improvements thereon, as shown in Exhibit “B” with address as 103 Riverfront Drive, Augusta, Richmond County, Georgia, hereinafter called the “Riverfront Marina”. Said Riverfront Marina being situate, lying and being upriver from the Boathouse and extending up-river until the point at which the extended East Boundary right of way intersects the Savannah River; as well as the fenced portion including the Boat Storage Warehouse building and property, hereinafter called the ‘Warehouse”, whose address is #1 Levee Road in Augusta, Richmond County, Georgia, Tax Parcel ID 048-0-001-03-0 as shown on Exhibit “C”. Said Exhibits A, B and C being incorporated herein by reference. Augusta Marinas shall also include any changes, additions, alterations, modifications, and/or improvements on or to Augusta Marinas premises made in accordance with this Riverwalk Marina Store and Marina Warehouse Lease Agreement. WHEREAS, Augusta wishes the Operator to operate, and the Operator wishes to operate, Augusta Marinas and facilities; NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. DO HEREBY AGREE, each for itself and successors and assigns, as follows: 1. CITY MARINAS. Defined. Augusta, by this duly approved authorization, does hereby grant unto Operator, authority to operate said City Marinas; and Operator does hereby accept the authority to operate said City Marinas as described. 2. TERM. City hereby grants authority to operate City Marinas, and Operator hereby accepts authority to operate City Marinas, for consideration and upon and subject to the terms and conditions set forth herein, for a term of three (3) years, commencing upon the execution of this Agreement by all parties. Subject to the approval of Augusta, Operator may exercise an option to renew this Agreement twice for one (1) Page 2 of 7 year per renewal. Such exercise renewal must be exercised at least 180 days prior to the expiration of the current lease term. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on _______________, 2022, unless extended by written amendment. 3. CONSIDERATION. As consideration for authority to operate City Marinas, Operator agrees to compensate City in the amounts as shown: a. In Year One, the amount of FIFTEEN HUNDRED ($1,500) per month for the Riverfront Marina, and the amount of SEVEN HUNDRED FIFTY ($750) for the Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total monthly payment of THREE THOUSAND FOUR HUNDRED FIFTY ($3,450). b. In Year Two, the amount of EIGHTEEN HUNDRED ($1,800) per month for the Riverfront Marina, and the amount of NINE HUNDRED ($900) PER MONTH FOR THE Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total monthly payment of THREE THOUSAND NINE HUNDRED ($3,900). c. In Year Three, the amount of TWO THOUSAND ONE HUNDRED SIXTY ($2,160) per month for the Riverfront Marina, and the amount of ONE THOUSAND EIGHTY ($1,080) for the Warehouse, plus a payment for water, sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a total payment of FOUR THOUSAND FOUR HUNDRED FORTY ($4,440). d. In Years Four and Five, payments for all rents, including utilities, would increase by 5% Annually. Therefore, total monthly payment for Year Four will be FOUR THOUSAND SIX HUNDRED SIXTY-TWO ($4,662), and monthly payment for Year Five will be FOUR THOUSAND EIGHT HUNDRED NINETY-FIVE ($4,895) 4. OPERATIONS. The Operator shall have an experienced manager on the premises at all times that the Marina store is open. The conduct of the Operator’s employees shall be subject to reasonable regulation by Augusta. The Hours of Operation may vary, but are subject to approval by the Augusta Commission. If Augusta has evidence to reasonably believe that an employee of Operator is incompetent, disorderly, or otherwise has performed his or her duties in an objectionable manner, Augusta shall have the right to require the Operator to replace said employee. The Operator’s employees are expected to provide good customer service at all times. 5. FEE SCHEDULE, PATRON RULES AND REGULATIONS. All rentals of boat slips, warehouse storage space (either dry or outdoor) or other rental agreements within areas managed by the Operator shall abide by the fees, rules and regulations as Page 3 of 7 stipulated within the Boat Slip Rental and Storage Agreement (Appendix “A”) and the Marina/Warehouse Rules and Regulations (Appendix “B”). Said fees shall be posted in a conspicuous location at both the Marina Store and the Warehouse. These fees shall be in effect for the duration of the Lease Agreement. Should any fee changes be necessary during the course of this Lease Agreement, Operator shall petition the Recreation and Parks Department, as well as the Augusta Port Authority, for review of said changes prior to their submission to the Augusta Commission. Any and all fee modifications MUST be fully approved by the Augusta Commission prior to implementation. Changes to the Fee Schedule shall be made no more than once per calendar year. 6. CONTACTS. Operator or Operator’s staff will be expected to be available by phone during normal business hours and for after-hours emergencies. Business hours and contact phone numbers should be posted in a conspicuous place in both the Marina Store and on the Warehouse fence. 7. CONCESSIONS. The Operator may sell concessions as it desires, however, there will be no sale of alcohol on the premises. Additionally, any equipment that is necessary for the sale of concessions must be furnished by the Operator. Augusta reserves the right to review concession prices and suggest changes. 8. SPECIAL EVENTS. Operator will assist with any Augusta-sponsored or co- sponsored events held at or near the Augusta Riverwalk and Riverfront Marina without compensation from event organizers. 9. FUEL AND FUEL TANK. Operator will provide gasoline sales and operation by acquiring all applicable petroleum vendor licensing. If the current underground storage tanks (UST) are to be used, Operator must follow and comply with all UST regulations and follow EPD and EPA requirements, including, but not limited to O.C.G.A. § 12-13-1, et. seq. and 40 CFR Part 280, Subpart C (2000). In the event that Operator chooses to use the USTs and a spill or leak occurs, Operator shall indemnify and reimburse Augusta for the cost of said cleanup. NOTE: The diesel fuel tank will be rendered inoperable by Augusta, so that no accidental filling of said tank occurs. No diesel fuel will be sold by the Operator during the lease period. 10. UTILITIES. Operator shall obtain utilities in their name, including electricity, gas, water/sewerage, and telephone. Augusta will continue to provide and maintain utilities and landscaping for the common areas used by the general public at large. Common Area Utilities include: street and sidewalk lighting, fountains, and garbage, water, and sewer services. Operator will be responsible for Utilities in connection with operation of the store, fuel station, docks, and individual boat slips. Augusta will assure that the metering of the electric and water utilities is appropriate for the distribution of billing. The Operator is responsible for placing all garbage in an Augusta supplied container(s). Augusta will provide weekly garbage collection for said containers. Special events may require more frequent garbage collection. 11. REPAIRS AND MAINTENANCE. Operator is responsible for performing daily maintenance repairs and upkeep of docks, store, boat ramps, warehouse, and parking areas. Operator is responsible for reporting repairs that he/she cannot handle to Page 4 of 7 Augusta as soon as he/she realizes that he/she cannot handle the repair. Operator is responsible for keeping the Marinas and the Warehouse neat, clean, and free of trash and in good condition. Augusta staff will clean the restrooms next to the Marina Store at the beginning of each day. Operator will be responsible for replacing paper products in restrooms as needed each day and enforcing discipline in the restrooms as needed to ensure cleanliness and availability of the resource to the public. Operator will be responsible for locking up the restrooms when the Marina Store closes for the day. Augusta will keep the roof, cupola, foundation, exterior walls, and underground infrastructure neat and functional. Augusta will also be responsible for normal wear and tear of interior floors, walls, ceiling, and air conditioning, heating, and cooling equipment, replacing each as necessary. CHANGES, ADDITIONS, MODIFICATIONS, ALTERATIONS, IMPROVEMENTS. Operator shall not, without prior written consent of Augusta, make any changes, additions, alterations, modifications, and/or improvements, structural or otherwise, including fees charged for services, in or upon any part of the Augusta Marinas. Operator agrees to submit any and all plans for any changes, additions, alterations, modifications, and/or improvements to the Augusta Marinas to the Augusta Recreation and Parks to submit to the Augusta Commission for approval before said alterations, changes or additions are begun. Augusta shall not unreasonably withhold its approval of said plans. 12. INSPECTION BY AUGUSTA. Augusta shall have the right to enter upon Augusta Marinas and Warehouse during regular business hours when a representative of the Operator is present, or at any time in case of emergency to determine whether Operator had complied with and is complying with the terms and conditions of this agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the Marina or Warehouse operation. Any deficiencies noted during the inspection shall by corrected within Thirty (30) days of notice. Full Inspections shall be conducted on a semi-annual basis on a mutually-agreeable schedule by representatives of Augusta Recreation and Parks, Augusta Risk Management or similarly appropriate Augusta staff, a member of the Port Authority Board of Directors, along with the Operator. Quarterly Follow-Up Reports shall note progress/changes made to deficiencies noted within the semi-annual inspections. These Reports are to be sent to Augusta Recreation and Parks no later than January 30th, April 30th, July 30th and October 30th of each year. 13. RULES AND REGULATIONS. Operator agrees that operation of Augusta Marinas and Warehouse shall be conducted in accordance with all local, state and federal laws, environmental laws, and the ordinances of Augusta, Georgia. Any changes, additions or modifications to rules and regulations in place at the time of the execution of this agreement must be approved by the Augusta Commission. Operator further agrees to endeavor to conduct its business in such a manner as will develop and maintain the good will and active interest of the general public. 14. REPORTS. Operator will be responsible for filing each month a report for the previous month. The report will be due on the 15th day of each month. The report should be sent to the Director of the Department of Recreation and Parks and the Page 5 of 7 Chairman of the Augusta Port Authority. This report can be in a form developed by the Operator and approved by the Department and the Port Authority. The monthly report should include gross revenue for the previous month with a dollar amount for each source. These reports will be subject to audit by the Augusta Finance Department. An annual report of Marina activities, revenue, improvements, and conditions should be prepared by the Operator for review by Augusta no later than February 1st of each year following the close of the fiscal year on December 31st. 15. INDEMNITY. Operator agrees to maintain Augusta Marinas and Warehouse with an emphasis on safety and cleanliness, and will focus on limiting liability while holding marina users accountable for their actions. Operator agrees that its operations shall be conducted in compliance with all federal, state, local and environmental laws rules and regulations; and agrees to indemnify and hold harmless Augusta and its employees, from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Operator’s operation of Augusta Marinas and Warehouse. 16. INSURANCE. Operator further agrees to maintain at all times during this agreement, at Operators expense, general public liability insurance coverage against claims for personal injury, death and/or property damage occurring in connection with the use and occupancy of Augusta Marinas and Warehouse or arising out of Operators improvements, repairs and/or alterations of Augusta Marinas or Warehouse, with limits of coverage of not less than ONE MILLION ($1,000,000) per occurrence. The Augusta Port Authority and Augusta, Georgia shall be named as co-insured on this policy. Operator shall also maintain appropriate insurance coverage for any boat or vehicle used in conjunction with the public, and that these vehicles and equipment be inspected by the appropriate governing body at normally accepted intervals, with records made available of such inspections to the Augusta Recreation and Parks Department on an annual basis. 17. DEFAULT. In the event that the Operator shall fail to observe any of its covenants and obligations as herein expressed or cease to operate Augusta Marinas and Warehouse for the purpose set out herein, then upon the happening of such event, Augusta shall give the Operator THIRTY days’ notice to comply with the provisions of this Marina and Warehouse Operator Agreement. If conditions cannot be remedied within said thirty (30) day period, to commence the remedy and diligently pursue it to completion, or if the Operator is not following all provisions of this Lease Agreement in good faith, Augusta has at its recourse the ability to give Operator NINETY (90) days’ notice that they wish to cease all remaining operations and nullify the remaining contract terms. OPERATOR likewise has the responsibility to provide Augusta a written summary of conditions requiring remedy, giving THIRTY days to allow for the correction of such conditions. If said conditions are not corrected to agreement by both the Operator and Augusta, or if Augusta is not following the provisions of this Lease Agreement in good faith, the Operator has at its recourse the ability to give Augusta a written NINETY (90) day Notice that they wish to terminate the Lease Agreement. QUIET ENJOYMENT, INGRESS AND Page 6 of 7 EGRESS. Augusta covenants and warrants that Operator, so long as it shall perform the duties and obligations herein agreed to be performed by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and enjoyment to operate Augusta Marinas and Warehouse during the terms of this Lease Agreement and any extensions thereof. Operator, in cooperation with the United States Coast Guard Auxiliary and the Savannah Riverkeeper, shall have 24-hour access to all noted facilities and locations within this Lease Agreement to facilitate emergency response, marina and warehouse security, boating safety, Savannah River environmental education and protection, and other opportunities open to the general public. Any river events, such as boat races and rowing regattas shall have access to available dock space within the leased areas to accommodate adequate river safety and use. 18. FACILITIES. Owner acknowledges that it will receive management control of the premises and Augusta properties in their current “as is” condition. Operator will be responsible for maintaining the premises and properties in good order and in a sanitary and safe condition. 19. GOVERNING LAW; VENUE. This agreement shall be governed and interpreted by the laws of the State of Georgia. All claims, disputes and other matters in question between all parties arising out of or relating to this Agreement, shall be decided in the Superior Court of Richmond County, Georgia. 20. NOTICES. All notices, demands and requests which may or are required to be given by either Augusta or the Operator to the other hall be in writing and shall be deemed to have been properly given when postage sent prepaid by registered and certified mail (with return receipt requested) addressed as follows: If intended for Operator: Olde Town Pickers #1 5th Street Augusta, GA 30901 If intended for Augusta: Augusta, Georgia 535 Telfair Street Office of the Mayor, Suite 200 Augusta, GA 30901 With copy to: Augusta Recreation and Parks, Attention Director Page 7 of 7 2027 Lumpkin Road, Augusta, Georgia 30906 21. ENTIRE AGREEMENT. This Lease Agreement contains the entire Agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party of any obligation hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: OPERATOR By: _________________________________ Attest: By: _________________________________ AUGUSTA, GEORGIA By: _________________________________ HARDIE DAVIS, JR., MAYOR Attest: By: _________________________________ LENA J. BONNER, CLERK OF COMMISSION Commission Meeting Agenda 7/18/2017 2:00 PM Ordinance Amendments - Occupation Tax Code Department:Planning & Development Department:Planning & Development Caption:Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 6, Article 3, Regulated Businesses, to add a new Section 6-6-48 to provide regulations for Special Entertainment Permits, and to Title 2, Chapter 1, Article 1, Business Tax Certificate, Section 2-1-3 Administrative and Regulatory Fee Structure, to establish the Special Entertainment Permit regulatory fee. AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, NEW SECTION 6-6-48 SPECIAL ENTERTAINMENT PERMIT; SO AS TO PROVIDE REGULATIONS FOR THE REQUIREMENT OF AN OCCUPATION TAX CERTIFICATE, THE PROCESS FOR PERMIT RENEWAL; HOURS OF OPERATION; AND TO PROVIDE PENALTIES FOR VIOLATING THE CODE SECTION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. SPECIAL ENTERTAINMENT PERMIT; SO: (Approved by the Commission June 29, 2017 - second reading) Background:The Comprehensive Zoning Ordinance was amended to include an amplified entertainment use by Special Exception in the B-1 Neighborhood Business zone. Analysis:The proposed amendments will create a new section under Regulated Businesses in the Augusta Code that will provide regulations for the Special Entertainment Permit; to include the requirement of an Occupation Tax Certificate and the payment of a regulatory fee, the process for permit renewal, hours of operation, and penalties for violating the code section. Financial Impact:N/A Cover Memo Alternatives:N/A Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, NEW SECTION 6-6-48 SPECIAL ENTERTAINMENT PERMIT; SO AS TO PROVIDE REGULATIONS FOR THE REQUIREMENT OF AN OCCUPATION TAX CERTIFICATE, THE PROCESS FOR PERMIT RENEWAL; HOURS OF OPERATION; AND TO PROVIDE PENALTIES FOR VIOLATING THE CODE SECTION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUTA, GEORGIA CODE TO PROVIDE ENTERTAINMENT IN A B-1 NEIGHBORHOOD BUSINESS ZONE WITHOUT HAVING FIRST BEEN GRANTED A SPECIAL EXCEPTION AND SUBSEQUENTLY FOLLOWING THE REGUALATIONS PROVIDED HEREWITH, AS FOLLOWS: SECTION 1. TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, IS HEREBY AMENDED TO ADD A NEW SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT, AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2017. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ EXHIBIT A SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT. Any business located in a B-1 (Neighborhood Business Zone) that will provide entertainment is required to obtain a Special Exception as provided for in the Comprehensive Zoning Ordinance in Section 21– B-1 (Neighborhood Business), and comply with the regulation in this code section for obtaining a Special Entertainment Permit: 1. Occupation Tax Certificate Required: Any business operating as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining, renewing and maintaining such certificate shall be governed by the applicable provisions of the Augusta- Richmond County Code, Title 2, Chapter 2. 2. Businesses located in a B-1 Zone which elect to provide entertainment are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. 3. Terms of Permit. All permits granted hereunder shall be for the calendar year. 4. Renewal of Permit. All permits granted hereunder shall expire on December 31 of each year. Permittees who desire to renew their permits shall file an application therefore, together with the requisite fee with the Planning & Development Department for such renewal, upon forms approved by the Director of Planning & Development, on or before December 15th of each year. 5. All permits to be renewed for the subsequent calendar year shall be submitted by the Planning & Development Department to the Commission for approval no later than November 15th of each year. Any permits that have been place on probatin, suspension or have been revoked by the Commission during the year shall be submitted on a separate list by the Planning & Development Department for review and consideration for approval. 6. Permits are not transferable; exceptions. a. Generally. Permits hereunder shall not be transferable, except as otherwise provided herein. Nothing in this section, however, shall prohibit one (1) or more partners of a partnership holding a permit from withdrawing from the partnership in favor of one(1) or more of the partners who were partners at the time of the issuance of the permit. 7. Hours of operation. Any and all holders of permits under the authority of this ordinance shall observe the following of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: a. The hours for entertainment are 12:30 PM until 11:00 PM Sunday through Thursday, and 12:30 PM until 12:00 midnight Friday and Saturday. 8. Right of suspension by Planning & Development Department. The Planning & Development Department shall have the right to suspend any permit issued under this chapter whenever a person, firm, or corporation doing business shall deviate from the normal operation for which the permit was obtained or fails in performance to meet the required regulations and code as set forth by the Planning & Development Department, Augusta-Richmond County Sheriff’s Office, or Augusta- Richmond County Health Department; or violates any law or ordinance or the United States, or the state, or Augusta, Georgia, in pursuance of such business conducted under such permit; or when it shall be proven before the Planning & Development Department that there is a violation of a nuisance law; or when the health, morals, interests and convenience of the public demand the suspension of such permit. The Planning & Development Department shall report the suspension of such permit to the next regular or called meeting of the Commission. The Commission shall determine whether the permit-holder will be suspended, placed on probation, permanently revoked, or otherwise it shall be restored and remain in full force. ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA, GEORIGA CODE, TITLE 2, CHAPTER 1, ARTICLE 1, BUSINESS TAX CERTIFICATE, SECTION 2-1-3(C) ADMINISTRATIVE AND REGULATORY FEE STRUCTURE SO AS TO ESTABLISH THE SPECIAL ENTERTAINMENT PERMIT REGULATORY FEE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA, GEORIGA COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. Augusta, Georgia Code § 2-1-3(c), is hereby amended by deleting said subsection in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,479.00 per year Adult Entertainment (live) $140.00 per day Amusement Parks $696.00 per year Arcades $350.00 per year Craft Show Promoters $418.00 per year Dance Hall License incidental to Alcohol License $140.00 per year Entertainment Venue: $349.00 per year Flea Markets 1 through 10 rental spaces $418.00 per year 11 or more rental spaces $696.00 per year Fortune Tellers $696.00 per year Going Out of Business Sales $140.00 per 90 days (May be renewed for 60 days) $140.00 Hybrid Restaurant $500.00 per year Second Hand Goods $140.00 per year SPECIAL ENTERTAINMENT PERMIT $50.00 PER YEAR Street Vendors $50.00 per day Temporary and Transient Vendors $175.00 per day Wreckers $36.00 per year Taxicabs $36.00 per year Limousines $36.00 per year Vending Machines (per machine) $9.00 per year Salvage Yards $317.00 per year Section 2. This ordinance shall become effective upon adoption. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2017. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission First Reading: ______________________ Second Reading: ____________________ Commission Meeting Agenda 7/18/2017 2:00 PM Amend Phase II James Brown Blvd. Department: Department: Caption:Motion to approve amending the phase II James Brown Blvd sidewalk project to include painted record images of the Godfather of Soul’s greatest hits. Painted record images would be located on both sides of the street along James Brown Blvd. and to receive a report back in 30-days from the DDA, the Arts Council and Housing & Development as to how the City can move forward with the project utilizing funding from GDOT as a primary source or another grant if GDOT funding cannot be used. (Approved by Administrative Services Committee July 11, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, July 06, 2017 3:23 AM Lena Bonner Marcus campbell; Jessica Buffkin; Tonia Gibbons; Commissioner Marion williams Agenda Items for July 11 Good morning. Please add the following items to the agenda for next weeks' committee meetings as noted below. Administrative Services 1. Discuss locating a permanent James Brown memorabilia display in the gate area of Augusta Regional Airport. This would include relocating the display currently housed in the main entrance to the airport to the gate area. (Commissioner M. Williams & Mayor Davis) Motion to designate the corridor between 8th street and 9th street from Laney Walker Blvd to Reynolds St as the James Brown Heritage Trail. (Commissioner M. Williams & Mayor Davis) Motion to amend phase llJames Brown Blvd sidewalk project to include painted record images of the Godfather of Soul's greatest hits. Painted record images would be located on both sides of the street along James Brown Blvd. (Commissioner M. Williams & Mayor Davis) Receive project update on Riverwalk paint and cleanup efforts from Central Services, Parks and Recreation and Administrator. (Mayor Davis) 5. Discuss parking proposal for Municipal Bldg employees and visitors. (Mayor Davis) 6. Provide status update on Augusta implementation of What Works Cities agreement. (Mayor Davis) Thank you, Mayor Davis Please consider the environment before printing this email. 2. 3. 4. Commission Meeting Agenda 7/18/2017 2:00 PM Evaluation tool for Administrator Department: Department: Caption:Motion to approve holding a work study session of the Administrative Services Committee regarding the development of an evaluation tool for the Administrator and direct reports. (Approved by Administrative Services Committee July 11, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM James Brown Heritage Trail Department: Department: Caption:Motion to designate the corridor between 8th Street and 9th Street from Laney Walker Blvd to Reynolds St as the James Brown Heritage Trail and start process. (Approved by Administrative Services Committee July 11, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, July 06, 2017 3:23 AM Lena Bonner Marcus campbell; Jessica Buffkin; Tonia Gibbons; Commissioner Marion williams Agenda Items for July 11 Good morning. Please add the following items to the agenda for next weeks' committee meetings as noted below. Administrative Services 1. Discuss locating a permanent James Brown memorabilia display in the gate area of Augusta Regional Airport. This would include relocating the display currently housed in the main entrance to the airport to the gate area. (Commissioner M. Williams & Mayor Davis) Motion to designate the corridor between 8th street and 9th street from Laney Walker Blvd to Reynolds St as the James Brown Heritage Trail. (Commissioner M. Williams & Mayor Davis) Motion to amend phase llJames Brown Blvd sidewalk project to include painted record images of the Godfather of Soul's greatest hits. Painted record images would be located on both sides of the street along James Brown Blvd. (Commissioner M. Williams & Mayor Davis) Receive project update on Riverwalk paint and cleanup efforts from Central Services, Parks and Recreation and Administrator. (Mayor Davis) 5. Discuss parking proposal for Municipal Bldg employees and visitors. (Mayor Davis) 6. Provide status update on Augusta implementation of What Works Cities agreement. (Mayor Davis) Thank you, Mayor Davis Please consider the environment before printing this email. 2. 3. 4. Commission Meeting Agenda 7/18/2017 2:00 PM Unsolicited Proposals Department:Procurement Department:Procurement Caption:Motion to approve amendment to Augusta, Georgia Procurement Code to include the adoption of Public-Private Partnership (P3) “Unsolicited Proposals”. (Approved by Administrative Services Committee July 11, 2017) Background:Georgia Governor Nathan Deal signed into law new public-private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (the Act) on May 5, 2015. The Act allows state and local government entities to collaborate with private entities on "qualifying projects," broadly meaning any project deemed to meet a public purpose or public need and satisfying those requirements set forth under the Act. On July 2016 the State of Georgia through ACCG release a Model template that local government could opt to follow. At Commission regular meeting held on Tuesday, February 21, 2017 approved authorization request for the Procurement and Law Departments to review and update the Procurement Code to incorporate recent changes in State Law regarding partnership for Partnership for Public Facilities and Infrastructure Act (SB 59). Attached is an ORDINANCE TO AMEND THE AUGUSTA, GOERGIA CODE TITLE ONE CHAPTER TEN ARTICLE SEVEN SECTION 1-10-66 GUIDELINES; SECTION 1-10-67 TIME PERIOD FOR RECEIVING UNSOLICITED PROPOSALS AND FORMAT FOR SUBMISSIONS; SECTION 1-10-68 PROCEDURES FOR THE FINANCIAL REVIEW AND ANALYSIS OF AN UNSOLICITED PROPOSAL; SECTION 1- 10-69 CRITERIAL FOR IDENTIFYING AND APPOINTING ADVISORS; SECTION 1-10-70 CRITERIA FOR DETERMINING FEES; SECTION 1-10-71 PROCEDURES FOR DETERMINING RELEASE OF INFORMATION CONTAINED IN UNSOLICITED PROPOSALS; SECTION 1-10-72 REQUEST FOR PROPOSALS; SECTION 1-10-73 PROCEDURES FOR POSTING AND PUBLISHING NOTICE OF THE OPPORTUNITY TO OFFER COMPETING PROPOSALS; SECTION 1-10-74 PROCEDURES FOR Cover Memo PROCESSING, REVIEW AND CONSIDERATION OF COMPETING PROPOSALS; SECTION 1-10-75 TERMS AND DEFINITIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. REQUIRE TWO READINGS. Analysis:All power of authority granted under the Act to public entities is in addition to and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. Remember, the Act does not apply to all procurement projects. For instance, state or local government entities that proceed with procurement pursuant to competitive sealed bidding or any other traditional purchasing options available under existing law are not required to comply with this Act. Financial Impact:None Currently Alternatives:N/A - State Statue Recommendation:Approval of the Ordinance Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 1 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE TITLE ONE CHAPTER TEN ARTICLE SEVEN SECTION 1-10-66 GUIDELINES; SECTION 1-10-67 TIME PERIOD FOR RECEIVING UNSOLICITED PROPOSALS AND FORMAT FOR SUBMISSIONS; SECTION 1-10-68 PROCEDURES FOR THE FINANCIAL REVIEW AND ANALYSIS OF AN UNSOLICITED PROPOSAL; SECTION 1-10-69 CRITERIA FOR IDENTIFYING AND APPOINTING ADVISORS; SECTION 1-10-70 CRITERIA FOR DETERMINING FEES; SECTION 1-10-71 PROCEDURES FOR DETERMINING RELEASE OF INFORMATION CONTAINED IN UNSOLICITED PROPOSALS; SECTION 1-10-72 REQUEST FOR PROPOSALS; SECTION 1-10-73 PROCEDURES FOR POSTING AND PUBLISHING NOTICE OF THE OPPORTUNITY TO OFFER COMPETING PROPOSALS; SECTION 1-10-74 PROCEDURES FOR PROCESSING, REVIEW AND CONSIDERATION OF COMPETING PROPOSALS; SECTION 1-10-75 TERMS AND DEFINITIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, effective May 5, 2015, the State legislature enacted the Public-Private Facilities and Infrastructure Act of 2015 (the “PPFIA”) (OCGA §36-91-110 et seq.) which provides a process for local governments to partner with private entities for the development of a wide range of projects for public use if the public entity determines there is a need for such projects and that private involvement may provide such projects to the public in a timely or cost-effective fashion; and WHEREAS, Augusta, Georgia does not currently have a mechanism to fully evaluate unsolicited qualifying projects; and WHEREAS, Augusta, Georgia desires to update and amend its Code to ensure compliance with OCGA §36-91-110 et seq. and other applicable state and Federal laws. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Chapter 10 Table of Contents as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby amended by striking the Table of Contents in its entirety and inserting in lieu thereof new Table of Contents, as set forth in “Exhibit A” hereto. SECTION 2. AUGUSTA, GA. CODE Sections 1-10-66 thru 1-10-75 Reserved as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, is hereby amended by striking these sections in their entirety and inserting in lieu thereof new Code Sections 1-10-66 thru 1-10-75, as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall become effective on its adoption in accordance with applicable laws. 2 SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of March 2017. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: First Reading Second Reading 3 EXHIBIT A Strike: TABLE OF CONTENTS PAGES 1 THROUGH 4 Chapter 10 Article 1 General Provisions and Definitions Sec. 1-10-1. Purpose. Sec. 1-10-2. Application of this chapter. Sec. 1-10-3. Supplementary laws. Sec. 1-10-4. Good faith provision. Sec. 1-10-5. Public access to procurement information. Sec. 1-10-6. Preference for local suppliers, professional services and contractors. Sec. 1-10-7. Value analysis. Sec. 1-10-8. Compliance with state and federal requirement. Sec. 1-10-9. Definitions-generally. Article 2 Sec. 1-10-10 through Sec. 1-10-22. Reserved. Article 3 Office of the Procurement Director Sec. 1-10-23. Authority and responsibility of procurement director. Sec. 1-10-24. Centralization of procurement function. Sec. 1-10-25. Contract administration. Sec. 1-10-26. Unauthorized contracts. Sec. 1-10-27. Conflicts of interests. Sec. 1-10-28. Gratuities and kickbacks. Sec. 1-10-29. Contingent Fees. Sec. 1-10-30. Penalties. Sec. 1-10-31. Reporting of anti-competitive practices to state. Article 4 Product Specifications Sec. 1-10-32. Purpose. Sec. 1-10-33. Types of specifications. Sec. 1-10-34. Maximum practicable competition. Sec. 1-10-35. Qualified products list. Sec. 1-10-36. Background information on vendors. Sec. 1-10-37. Product references in specifications. Sec. 1-10-38. Responsibility for specifications. Sec. 1-10-39. Inspection of purchases. Article 5 Requirements for Bidding or Proposing on Augusta, Georgia Contracts Sec. 1-10-40. Responsibility of bidders and proposers. Sec. 1-10-41. Cost or pricing data. Sec. 1-10-42. Cost or price analysis. 4 Sec. 1-10-43. Bid and performance bonds when required. Sec. 1-10-44. Bid bonds. Sec. 1-10-45. Payment and performance bonds. Sec. 1-10-46. Insurance requirements. Sec. 1-10-47. Pre-qualifications of contractors. Article 6 Procurement Source Selection Methods and Contract Awards Sec. 1-10-48. Generally. Sec. 1-10-49. Purchase order. Sec. 1-10-50. Sealed bids selection method. Sec. 1-10-51. Request for proposals. Sec. 1-10-52. Sealed proposals. Sec. 1-10-53. Competitive selection procedures for professional and consultant services. Sec. 1-10-54. Informal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. Sec. 1-10-55. Banking services. Sec. 1-10-56. Sole source procurement. Sec. 1-10-57. Emergency procurement selection method. Sec. 1-10-58. Annual contracts Sec. 1-10-59. Specific requirements/options for source selection method. Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-advertisement. Sec. 1-10-61. Multi-term contract. Sec. 1-10-62. Right to inspect facilities. Sec. 1-10-63. Right to audit records and contracts and collection of statistical data. Sec. 1-10-64. Rebidding or cancellation of existing contract. Sec. 1-10-65. Multiple awards. Article 7 Sec. 1-10-66 through Sec. 1-10-75. Reserved. Article 8 Suspension or Debarment of Bidder or Proposer Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer list. Sec. 1-10-77. Causes for suspension and debarment. Sec. 1-10-78. Notice Sec. 1-10-79. Finality of decision Sec. 1-10-80. Board of Commissioner’s initiated debarment Article 9 Appeals Protests and Remedies Sec. 1-10-81. Procurement protests. Sec. 1-10-82. Filing of protest Sec. 1-10-83. Decision by Procurement Director Sec. 1-10-84. Appeals Sec. 1-10-85. Time for filing. Sec. 1-10-86. Request for hearing and effect of untimely appeal. Sec. 1-10-87. Notice of hearing 5 Sec. 1-10-88. Administrative Services Committee hearing procedure and effect of failure to appear at hearing. Sec. 1-10-89. Authority of Administrator to participate in procurement matters. Sec. 1-10-90. Hearing procedures Sec. 1-10-91. Determination of Commission; final decision. Sec. 1-10-92. Contract claims Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards that are in violation of law. Article 10 Types of Contracts Sec. 1-10-94. Authority to approve, sign and execute contracts by type. Sec. 1-10-95. Public works contracts Article 11 Cooperative Procurement Sec. 1-10-96. Cooperative procurement agreement. Sec. 1-10-97. Sale, acquisition, or use of supplies. Sec. 1-10-98. Cooperative use of supplies or services. Sec. 1-10-99. Joint use of facilities. Sec. 1-10-100. Use of state contracts. Sec. 1-10-101. Purchase of surplus and excess property. Sec. 1-10-102. Waiver. Article 12 Contract Administration and Management Sec. 1-10-103. Purpose. Sec. 1-10-104. Augusta, Georgia contracts and contract clauses. Sec. 1-10-105. Contract modification and price adjustments. Sec. 1-10-106. Retainage. Sec. 1-10-107. Approval of accounting system. Sec. 1-10-108. Contractual provisions for auditing records. Article 13 DBE Program for DOT, FTA, FAA and other Federally Assisted Contracts. Sec. 1-10-109. Purpose. Sec. 1-10-110. Definitions. Sec. 1-10-111. Limitations. Sec. 1-10-112. Policy Statement Sec. 1-10-113. DBE liaison officer. Sec. 1-10-114. DBE financial institutions. Sec. 1-10-115. Prompt payment mechanisms. Sec. 1-10-116. Wage requirements for federally funded projects. Sec. 1-10-117. DBE bidder’s list for DOT-assisted contracts. Sec. 1-10-118. Overconcentration of DBE firms in certain types of work. Sec. 1-10-119. Compliance with DBE Program requirements. Sec. 1-10-120. DBE Program overall goals. Sec. 1-10-121. Severability. 6 Chapter 10B Local Small Business Opportunity Program Sec. 1-10-122 . Short title. Sec. 1-10-123. Objective. Sec. 1-10-124. Policy. Sec. 1-10-125. Definitions. Sec. 1-10-126. Application; effective date. Sec. 1-10-127. Program administration Sec. 1-10-128. Registration and certification procedures. Sec. 1-10-129. Local small business opportunities program participation Sec. 1-10-130. Exceptions – federally funded projects Sec. 1-10-131. Citizen’s Small Business Advisory Board Sec. 1-10-132 through Sec. 1-10-999. Reserved. Replace With: CHAPTER 10 AUGUSTA, GEORGIA PROCUREMENT CODE TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 1-10-1 Purpose. Sec. 1-10-2 Application of this chapter. Sec. 1-10-3 Supplementary laws. Sec. 1-10-4 Good faith provision. Sec. 1-10-5 Public access to procurement information. Sec. 1-10-6 Preference for local suppliers, professional services and contractors. Sec. 1-10-7 Value analysis. Sec. 1-10-8 Compliance with state and federal requirement. Sec. 1-10-9 Definitions-generally. ARTICLE 2 SEC. 1-10-10 THROUGH SEC. 1-10-22. RESERVED. ARTICLE 3 OFFICE OF THE PROCUREMENT DIRECTOR Sec. 1-10-23 Authority and responsibility of procurement director. Sec. 1-10-24 Centralization of procurement function. Sec. 1-10-25 Contract administration. Sec. 1-10-26 Unauthorized contracts. 7 Sec. 1-10-27 Conflicts of interests. Sec. 1-10-28 Gratuities and kickbacks. Sec. 1-10-29 Contingent Fees. Sec. 1-10-30 Penalties. Sec. 1-10-31 Reporting of anti-competitive practices to state. ARTICLE 4 PRODUCT SPECIFICATIONS Sec. 1-10-32 Purpose. Sec. 1-10-33 Types of specifications. Sec. 1-10-34 Maximum practicable competition. Sec. 1-10-35 Qualified products list. Sec. 1-10-36 Background information on vendors. Sec. 1-10-37 Product references in specifications. Sec. 1-10-38 Responsibility for specifications. Sec. 1-10-39 Inspection of purchases. ARTICLE 5 REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA, GEORGIA CONTRACTS Sec. 1-10-40 Responsibility of bidders and proposers. Sec. 1-10-41 Cost or pricing data. Sec. 1-10-42 Cost or price analysis. Sec. 1-10-43 Bid and performance bonds when required. Sec. 1-10-44 Bid bonds. Sec. 1-10-45 Payment and performance bonds. Sec. 1-10-46 Insurance requirements. Sec. 1-10-47 Pre-qualifications of contractors. ARTICLE 6 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48 Generally. Sec. 1-10-49 Purchase order. Sec. 1-10-50 Sealed bids selection method. Sec. 1-10-51 Request for proposals. Sec. 1-10-52 Sealed proposals. Sec. 1-10-53 Competitive selection procedures for professional and consultant services. Sec. 1-10-54 Informal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. Sec. 1-10-55 Banking services. Sec. 1-10-56 Sole source procurement. Sec. 1-10-57 Emergency procurement selection method. Sec. 1-10-58 Annual contracts. Sec. 1-10-59 Specific requirements/options for source selection method. Sec. 1-10-60 Rejection or cancellation of solicitations; negotiating; re-advertisement. 8 Sec. 1-10-61 Multi-term contract. Sec. 1-10-62 Right to inspect facilities. Sec. 1-10-63 Right to audit records, contracts, and collection of statistical data. Sec. 1-10-64 Rebidding or cancellation of existing contract. Sec. 1-10-65 Multiple awards. ARTICLE 7 PUBLIC-PRIVATE FACILITIES AND INFRASTRUCTURE ACT OF 2015 (THE “PPFIA”) Sec. 1-10-66 Guidelines. Sec. 1-10-67 Time Period for Receiving Unsolicited Proposals and Format for Submissions. Sec. 1-10-68 Procedures for the Financial Review and Analysis of an Unsolicited Proposal. Sec. 1-10-69 Criteria for Identifying and Appointing Advisors. Sec. 1-10-70 Criteria for Determining Fees. Sec. 1-10-71 Procedures for Determining Release of Information Contained in Unsolicited Proposals. Sec. 1-10-72 Request for Proposals. Sec. 1-10-73 Procedures for Posting and Publishing Notice of the Opportunity to Offer Competing Proposals. Sec. 1-10-74 Procedures for Processing, Review and Consideration of Competing Proposals. Sec. 1-10-75 Terms and Definitions. ARTICLE 8 SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER Sec. 1-10-76 Authority to suspend or debar from qualified bidder/proposer list. Sec. 1-10-77 Causes for suspension and debarment. Sec. 1-10-78 Notice. Sec. 1-10-79 Finality of decision. Sec. 1-10-80 Board of Commissioner’s initiated debarment. ARTICLE 9 APPEALS PROTESTS AND REMEDIES Sec. 1-10-81 Procurement protests. Sec. 1-10-82 Filing of protest. Sec. 1-10-83 Decision by Procurement Director. Sec. 1-10-84 Appeals. Sec. 1-10-85 Time for filing. Sec. 1-10-86 Request for hearing and effect of untimely appeal. Sec. 1-10-87 Notice of hearing. Sec. 1-10-88 Administrative Services Committee hearing procedure and effect of failure to appear at hearing. Sec. 1-10-89 Authority of Administrator to participate in procurement matters. Sec. 1-10-90 Hearing procedures. Sec. 1-10-91 Determination of Commission; final decision. Sec. 1-10-92 Contract claims. 9 Sec. 1-10-93 Augusta, Georgia's right to amend bid solicitations or awards that are in violation of law. ARTICLE 10 TYPES OF CONTRACTS Sec. 1-10-94 Authority to approve, sign and execute contracts by type. Sec. 1-10-95 Public works contracts. ARTICLE 11 COOPERATIVE PROCUREMENT Sec. 1-10-96 Cooperative procurement agreement. Sec. 1-10-97 Sale, acquisition, or use of supplies. Sec. 1-10-98 Cooperative use of supplies or services. Sec. 1-10-99 Joint use of facilities. Sec. 1-10-100 Use of state contracts. Sec. 1-10-101 Purchase of surplus and excess property. Sec. 1-10-102 Waiver. ARTICLE 12 CONTRACT ADMINISTRATION AND MANAGEMENT Sec. 1-10-103 Purpose. Sec. 1-10-104 Augusta, Georgia contracts and contract clauses. Sec. 1-10-105 Contract modification and price adjustments. Sec. 1-10-106 Retainage. Sec. 1-10-107 Approval of accounting system. Sec. 1-10-108 Contractual provisions for auditing records. ARTICLE 13 DBE PROGRAM FOR DOT, FTA, FAA AND OTHER FEDERALLY ASSISTED CONTRACTS. Sec. 1-10-109 Purpose. Sec. 1-10-110 Definitions. Sec. 1-10-111 Limitations. Sec. 1-10-112 Policy Statement. Sec. 1-10-113 DBE liaison officer. Sec. 1-10-114 DBE financial institutions. Sec. 1-10-115 Prompt payment mechanisms. Sec. 1-10-116 Wage requirements for federally funded projects. Sec. 1-10-117 DBE bidder’s list for DOT-assisted contracts. Sec. 1-10-118 Overconcentration of DBE firms in certain types of work. Sec. 1-10-119 Compliance with DBE Program requirements. Sec. 1-10-120 DBE Program overall goals. Sec. 1-10-121 Severability. 10 CHAPTER 10B LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM Sec. 1-10-122 Short title. Sec. 1-10-123 Objective. Sec. 1-10-124 Policy. Sec. 1-10-125 Definitions. Sec. 1-10-126 Application; effective date. Sec. 1-10-127 Program administration. Sec. 1-10-128 Registration and certification procedures. Sec. 1-10-129 Local small business opportunities program participation. Sec. 1-10-130 Exceptions – federally funded projects. Sec. 1-10-131 Citizen’s Small Business Advisory Board. Sec. 1-10-132 through Sec. 1-10-999. Reserved. 11 EXHIBIT B Strike: Article 7 Sec. 1-10-66 thru 1-10-75. Reserved. Replace With: ARTICLE 7 Sec. 1-10-66. GUIDELINES. The Public-Private Facilities and Infrastructure Act of 2015 (the “PPFIA”) (OCGA §36-91- 110 et seq.) provides a process for local governments to partner with private entities for the development of a wide range of projects for public use if the public entities determine there is a need for such projects and that private involvement may provide such projects to the public in a timely or cost-effective fashion. In order for a project to come under the PPFIA, it must meet the definition of a “qualifying project.” A “qualifying project” is defined broadly under the PPFIA. Specifically, the PPFIA defines a “qualifying project” as any project selected in response to a request for a local government or submitted by a private entity as an unsolicited proposal in accordance with the PPFIA and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need; provided, however, qualifying projects do not include projects involving generation of electric energy for sale, communications services, cable and video services and water reservoir projects. The following guidelines have been adopted by the governing body of Augusta, Georgia (the “Local Government”) to govern the process for receiving, reviewing and approving unsolicited proposals for qualifying projects. Augusta, Georgia shall not consider any unsolicited proposal that has not been evaluated pursuant to Article 7 of the AUGUSTA, GA CODE. In the event of any conflict between these guidelines and the PPFIA, the terms of the PPFIA shall control. SEC. 1-10-67. TIME PERIOD FOR RECEIVING UNSOLICITED PROPOSALS AND FORMAT FOR SUBMISSIONS. 1. Time Period. Unsolicited proposals for qualifying projects will be received by the Augusta, Georgia. Proposals shall be received by 3:00 PM Monday thru Friday beginning on the first business day of JANUARY and ending on the last business day of March of each year. Such unsolicited proposals shall be in writing and shall be delivered to: The Director of Procurement Augusta Procurement Department UNSOLICITED PROPOSAL 535 Telfair Street - Room 605 12 Augusta, Georgia 30901 All questions must be submitted in writing by fax to (706) 821-2811 or by email to unsolicitedproposals@augustaga.gov to the office of the Procurement Department. No Unsolicited Proposals will be accepted by fax, all must be received by mail or hand delivered. (1) Format for Submissions. Unsolicited proposals shall contain, at a minimum, the following information: (a) a project description, (b) a project feasibility statement, (c) a proposed project schedule, (d) a project financing plan, (e) a business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data, (f) a description of any anticipated public support or opposition, (g) qualifications and experience (h) names and addresses of persons who may be contacted and (i) any additional information as the local government may reasonably request to comply with the requirements of the PPFIA. Proposals should be prepared simply and economically, providing a concise description of the proposer’s capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the local government. Such proposals may also include any additional pertinent information as determined by the proposer. Only proposals complying with the requirements of these guidelines and the PPFIA that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format shall be considered by Augusta, Georgia for further review. If any information necessary to make a meaningful evaluation is missing, Augusta, Georgia may request such information from the proposer. Unsolicited proposals are subject to the Open Records Act. The format and information to be included in any unsolicited proposal are as follows: (a) PROJECT DESCRIPTION (i) Provide a description of the project, including the location of the project, the conceptual design of such facility, or facilities, and a conceptual plan for the provision of services or technological infrastructure. (ii) Identify and fully describe the scope of work to be performed by the proposer with enough detail to allow an analysis by Augusta, Georgia. (iii) Identify and fully describe any work to be performed by Augusta. (iv) Identify any anticipated adverse social, economic, and environmental impacts of the project. (v) Identify the projected positive social, economic, and environmental impacts of the project. 13 (vi) State assumptions related to ownership, legal liability, law enforcement, and operation of the project and the existence of any restrictions on Augusta’s use of the project. (b) PROJECT FEASIBILITY STATEMENT (i) A feasibility statement that includes: (A) The method by which the private entity proposes to secure any necessary property interests required for the project; (B) A list of all permits and approvals required for the project from local, state, or federal agencies; and (C) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings; (ii) Provide a list of any contingencies that must occur for the project to be successful. (iii) Provide a list of any other assumptions relied on for the project to be successful. (iv) Provide information relative to ongoing maintenance and operational costs after the project is completed. (c) PROJECT SCHEDULE (i) A schedule for initiation, construction, and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the local government and private entity. (ii) A schedule for obtaining all federal, state, and local permits and approvals required for the project. (iii) Identify the proposed schedule for strategies or actions to mitigate known impacts of the project. (iv) Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. (d) PROJECT FINANCING PLAN 14 (i) A financial plan setting forth the private entity’s general plans for financing the project, including the sources of the private entity’s funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; and description of user fees, lease payments and other service payments over the term of the proposed comprehensive agreement (as defined in the PPFIA); and a methodology and circumstances for changes to such user fees, lease payments and other service payments over time. (ii) Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment, or both. (iii) Submit a plan for the development, financing, and operation of the project showing the anticipated schedule on which funds will be required containing enough detail to allow an analysis by the local government of the financial feasibility of the proposed project. Describe the anticipated costs of and proposed sources and uses for such funds including any anticipated debt service costs. The operational plan should include appropriate staffing levels and associated costs. Include supporting due diligence studies, analyses, or reports. Identify the sources of the private entity’s funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity. (iv) Provide a list and discussion of assumptions underlying all major elements of the plan. Assumptions should include all significant fees associated with financing given the recommended financing approach. In addition, complete disclosure of interest rate assumptions should be included. Any ongoing operational fees, if applicable, should also be disclosed as well as any assumptions with regard to increases in such fees. (v) Identify any local, state, or federal resources that the proposer contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment. Such disclosure should include any direct or indirect guarantees or pledges of the local government’s credit or revenue. (vi) Identify the amounts and the terms and conditions for any revenue sources. (vii) Describe a proposed allocation of risk and liability for work completed beyond the agreement’s completion date, and assurances for timely completion of the project. 15 (viii) Identify any aspect of the project that could disqualify the project from obtaining tax-exempt financing. The unsolicited proposal may include financing options, including the imposition of user fees, lease payments or other service payments. Such financing arrangements may include the issuance of debt instruments, equity or other securities or obligations. Depending on Augusta’s authority and the circumstances of each transaction, financing options might also include the use of special purpose entities, sale and lease back transactions, enhanced use leasing, development agreements, conduit financing and other methods allowed by law. Notwithstanding the foregoing, Augusta, Georgia shall not loan money to a private entity in order to finance all or a portion of the qualifying project. Also, a multiyear lease entered into by Augusta which is not terminable at the end of each fiscal year during the term of the lease shall be considered a debt of the local government which enters into such lease, and such lease shall apply against the debt limitations of the local government. (e) BUSINESS CASE STATEMENT (i) A business case statement that shall include a basic description of any direct or indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data. (ii) Identify who will benefit from the project, how they will benefit, and how the project will benefit the overall community, region, or state. Project benefits to be considered are those occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. (iii) Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. (iv) Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. (v) Specify the strategies or actions to mitigate known impacts of the project. (vi) Describe the anticipated significant benefits to the community, region or state, including anticipated benefits to the economic condition of Augusta and whether the project is critical to attracting or maintaining competitive industries and businesses to Augusta or the surrounding region. 16 (vii) Describe compatibility with the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or other government spending plan. (viii) Provide relevant proposer cost, quality, methodology, and process for identifying the project and time frame data. (f) CONTACTS (i) The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal. (ii) Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. (iii) Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project including experience with projects of comparable size and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Include the identity of any firms that will provide design, construction and completion guarantees and warranties, and a description of such guarantees and warranties. (iv) Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. (v) Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of twenty percent or greater for project proposals over $20 Million. (vi) Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to any State of Georgia and/or Augusta, Georgia conflict of interest laws. SEC. 1-10-68 PROCEDURES FOR THE FINANCIAL REVIEW AND ANALYSIS OF AN UNSOLICITED PROPOSAL. (1) Upon receipt of an unsolicited proposal, Augusta shall: 17 (a) Send the proposer an acknowledgement of receipt of the unsolicited proposal and provide that Augusta, Georgia will conduct a review of that proposal and either (i) reject the unsolicited proposal or (ii) accept the unsolicited proposal and seek competing bids for the proposed project as required pursuant to the Guidelines and the PPFIA; (b) Establish a new committee or select an existing committee (the “Evaluation Committee”) to review the unsolicited proposal. If a new committee is established, it should be composed of no less than three (3) individuals with diverse skill sets to adequately review the proposal; (c) Decide whether it will engage independent advisors, as provided in Sec. 1- 10-69 below, to assist (and not be a member of) the Evaluation Committee in its review of the unsolicited proposal, which may include an attorney, financial advisor, architectural and/or engineering consultant or other advisers or consultants; and (d) Provide the proposer with the proposed Local Government fee, estimate to be paid by the proposer, to cover the costs of processing, reviewing and evaluating the unsolicited proposal, as calculated in Sec. 1-10-70 below. (2) The Evaluation Committee, together with any independent advisors, shall perform the following financial review and analysis of the unsolicited proposal: (a) A cost-benefit analysis; (b) Evaluation of the public need for or benefit derived from the qualifying project; (c) Evaluation of the estimated cost of the qualifying project for reasonableness in relation to similar facilities; (d) Evaluation of the source of funding for the project; (e) Consideration of plans to ensure timely development or operation; (f) Evaluation of risk sharing, including cost or completion guarantees, added value, or debt or equity investments by the private entity; and (g) Consideration of any increase in funding, dedicated revenue source, or other economic benefit that would not otherwise be available. After reviewing the proposal, the Evaluation Committee shall make a recommendation to the governing body of Augusta, Georgia to reject or accept the unsolicited proposal. 18 NOTE: Discussions between Augusta, Georgia and the proposer about the need for infrastructure improvements shall not limit the ability of Augusta to later determine to use standard procurement procedures to meet its infrastructure needs. Augusta, Georgia retains the right to reject any proposal at any time prior to the execution of an interim or comprehensive agreement. SEC. 1-10-69 CRITERIA FOR IDENTIFYING AND APPOINTING INDEPENDENT ADVISORS. Unsolicited proposals which have technical, complex or specialized information may require additional support from one or more third-party independent advisors to assist in their evaluation and review. Independent advisors may include attorneys, financial advisors, engineering consultants or other advisers or consultants as determined by the Local Government, in its sole discretion, to be reasonably required to review any unsolicited proposal. Independent advisors shall have no affiliation with the private entity submitting an unsolicited proposal. SEC. 1-10-70 CRITERIA FOR DETERMINING FEES. A private entity assumes all risk in submission of an unsolicited proposal, and a Local Government shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project. Augusta, Georgia shall charge and retain an initial proposal-processing fee equal to $100 to be paid by the proposer prior to the review of an unsolicited proposal. In addition, the Local Government may charge and retain a reasonable fee to cover the costs of reviewing and evaluating an unsolicited proposal. If it is determined by the Local Government that one or more independent advisors shall be engaged to assist the Evaluation Committee in its review of the unsolicited proposal, as provided in AUGUSTA, GA CODE Sec. 1-10-69 above, the fees of all such independent advisors shall be paid by the proposer. The estimated fees of the Local Government and such independent advisors shall be provided to the proposer for approval prior to the engagement of such advisors to review the proposal or the review and evaluation of an unsolicited proposal. SEC. 1-10-71 PROCEDURES FOR DETERMINING RELEASE OF INFORMATION IN UNSOLICITED PROPOSAL. Augusta, Georgia, in its sole discretion, may use any portion of an unsolicited proposal in preparing a request for proposal as described in AUGUSTA, GA CODE Sec. 1-10-72 below. SEC. 1-10-72 REQUEST FOR PROPOSALS. Within (60) days of receipt of a recommendation from the Evaluation Committee as provided in AUGUSTA, GA CODE Sec. 1-10-68 above, the governing board of Augusta, Georgia shall decide whether to approve or reject such unsolicited proposal. If Augusta approves the unsolicited 19 proposal, it shall seek competing proposals for the qualifying project, by issuing a request for proposal due in not less than 120 days. The request for proposal shall include the criteria for selecting among competing proposals as provided in AUGUSTA, GA CODE Sec. 1-10-74 below. During evaluation, Augusta, Georgia may seek written clarification from any proposer regarding the contents of the proposer’s response. A request for written clarification may be made when a proposer’s response contains conflicting information or is so ambiguous that it is possible for a reasonable person to attribute different meanings to the ambiguous portion of the proposer’s response. A request for written clarification may not be used to negotiate (i.e., request the supplier to revise or improve the proposer’s response). Written clarifications received from the supplier will become part of that proposer’s response. SEC. 1-10-73 PROCEDURES FOR POSTING AND PUBLISHING NOTICE OF THE OPPORTUNITY TO OFFER COMPETING PROPOSALS. Notices for requests for proposals for qualifying projects shall be posted conspicuously in the Local Government’s office and shall be advertised in the legal organ of the county and by electronic means on an Internet website of the Local Government or an Internet website identified by the governmental entity which may include the Georgia Procurement Registry as provided by OCGA §50-5-69. Such notices shall be posted by the Local Government in a consistent manner with other notices posted for public works bidding. Notices for requests for proposals that are advertised in the legal organ shall be advertised a minimum of two times, with the first advertisement occurring at least ninety days prior to the deadline for receipt of competing proposals. The second advertisement shall follow no earlier than six weeks from the first advertisement. Notices for requests for proposals that are advertised solely on the Internet shall be posted continuously at least ninety days prior to the deadline for receipt of competing proposals. Inadvertent or unintentional loss of Internet service during the advertisement period shall not require the contract award or bid or proposal opening to be delayed. Sec. 1-10-74 PROCEDURES FOR PROCESSING, REVIEW AND CONSIDERATION OF COMPETING PROPOSALS. After the deadline for the receipt of competing proposals, the Local Government shall reconvene the evaluation committee to review, evaluate and score the responses. The criteria to be used in the evaluation of competing proposals for a qualifying project shall be determined by the evaluation committee of the Local Government prior to submitting a request for proposal for such qualifying project. The evaluation committee of Augusta, Georgia shall establish a scoring matrix for review of responses to a request for proposal. The scoring matrix can be weighted in any fair manner to adequately assess the critical elements of a proposal, with the most 20 likely highest weighted categories being (a) project financing and (b) qualifications and experience. There are several factors that Augusta, Georgia may use when evaluating and selecting an unsolicited proposal, including, but not limited to, the following: (1) QUALIFICATIONS AND EXPERIENCE – Factors to be considered to determine whether the proposer possesses the requisite qualifications and experience include: (a) Experience with similar projects; (b) Demonstration of ability to perform work; (c) Leadership structure; (d) Project Manager’s experience; (e) Management approach (f) Financial condition; and (g) Project ownership. (2) PROJECT CHARACTERISTICS – Factors to be considered in determining the project characteristics include: (a) Project definition; (b) Proposed project schedule; (c) Operation of the project; (d) Technology; technical feasibility; (e) Conformity to laws, regulations, and standards; (f) Environmental impacts; (g) Condemnation impacts; (h) State and local permits; and (i) Maintenance of the project. (3) PROJECT FINANCING – Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project include: (a) Cost and cost benefit to Augusta, Georgia; (b) Financing and the impact on the debt burden of Augusta, Georgia or appropriating body; (c) Financial plan, including the degree to which the proposer has conducted due diligence investigation and analysis of the proposed financial plan and the results of any such inquiries or studies; (d) Opportunity costs assessment; (e) Estimated cost; (f) Life-cycle cost analysis; 21 (g) The identity, credit history, past performance of any third party that will provide financing for the project and the nature and timing of their commitment, as applicable; and (h) Such other items as Augusta, Georgia deems appropriate. In the event that any project is financed through the issuance of obligations that are deemed to be tax-supported debt of Augusta, Georgia, or if financing such a project may impact Augusta, Georgia’s debt rating or financial position, Augusta, Georgia may select its own finance team, source, and financing vehicle. (4) PROJECT BENEFIT AND COMPATIBILITY – Factors to be considered in determining the proposed project’s compatibility with the appropriate local or regional comprehensive or development plans include: (a) Community benefits; (b) Community support or opposition, or both; (c) Public involvement strategy; (d) Compatibility with existing and planned facilities; and (e) Compatibility with local, regional, and state economic development efforts. (5) OTHER FACTORS – Other factors that may be considered by Augusta, Georgia in the evaluation and selection of competing proposals include: (a) The proposed cost of the qualifying project; (b) The general reputation, industry experience, and financial capacity of the private entity; (c) The proposed design of the qualifying project; (d) The eligibility of the project for accelerated documentation, review, and selection; (e) Local citizen and government comments; (f) Benefits to the public, including financial and nonfinancial; (g) The private entity’s compliance with a local small business enterprise participation plan or good faith effort to comply with the goals of such plan; (h) The private entity’s plans to employ local contractors and residents; (i) The recommendation of a committee of representatives of members of the local government and the appropriating body which may be established to provide advisory oversight for the project; and (j) Other criteria that the local government deems appropriate. Sec. 1-10-75 DEFINITIONS: 22 For the purpose of Article 7, the following definitions shall apply. With the exception of specifically defined terms set forth herein, all words shall have their ordinary and usual meanings. In the event of conflict, the specific definition set out herein shall presumptively, but not conclusively prevail over the ordinary and usual meanings. ADVISOR - The Unsolicited Proposals Advisory Committee may contract with external party on a range of issues including commercial, technical and other issues. ADVISORY COMMITTEE – The Procurement Director shall select the members of the Advisory Committee consisting of not less than three members, all of whom shall be employees of Augusta, Georgia. Designees of the Administrator, Procurement, Finance and Engineering Departments and/or designees from other departments may be included depending on the scope of the proposal. The Advisory Committee will assist in the evaluation process. ASSESSMENT CRITERIA - Criteria upon which the Unsolicited Proposal will be assessed as determined by the Unsolicited Proposals Advisory Committee on a case-by-case basis. COMPREHENSIVE AGREEMENT - The written agreement between the private entity and Augusta, Georgia required pursuant to the Public-Private Facilities and Infrastructure Act of 2015 (“PPFIA). DETAILED SUBMISSION - A more detailed submission following approval at the Concept PHASE 1. DEVELOP OR DEVELOPMENT - To plan, design, develop, finance, lease, acquire, install, construct, operate, maintain or expand. ECONOMIC APPRAISAL - A systematic means of analyzing all the costs and benefits of various ways in which a project objective can be met. It shows:  Whether the benefits of a project exceed its costs;  Which option has the highest net benefit; and  Which option is the most cost effective, where benefits are equivalent. The preferred approach for a Government project for an economic appraisal is Cost-Benefit- Analysis (“CBA)” and whole of life cost estimates. EVALUATION COMMITTEE - A committee of representatives established to oversee and assess an Unsolicited Proposal. Also referred to as Unsolicited Proposals Evaluation Committee in PHASE 2. FINANCIAL REVIEW – The Evaluation Committee, together with any independent advisors, shall perform a financial review and analysis of the unsolicited proposal as referred in Phase 2. GOVERNMENT – Augusta, Georgia 23 INDEPENDENT ADVISOR - An individual with diverse skill sets to adequately review the proposal; decide whether it will engage independent advisors, to assist (and not be a member of) the Evaluation Committee in its review of the unsolicited proposal, which may include an attorney, financial advisor, architectural and/or engineering consultant or other advisers or consultants; and Provide the proposer with the proposed Local Government fee to cover the costs of processing, reviewing and evaluating the unsolicited proposal. INTELLECTUAL PROPERTY (“IP”) - Inventions, original designs and practical applications of good ideas protected by law through copyright, patents, registered designs, circuit layout rights and trademarks, also trade secrets, proprietary know-how and other confidential information protected against unlawful disclosure by common law and through additional contractual obligations such as Confidential Agreements. INTERIM AGREEMENT - An agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project. LETTER OF INTEREST (“LOI”) - Cover letter attached to the initial submission made by the Proposer to initiate the Phased Process for Unsolicited Proposals. LOCAL GOVERNMENT - Any county, municipality, consolidated government, or board of education. For purposes of this Article, Augusta, Georgia Consolidated Government. PHASE PROCESS - Augusta, Georgia’s six-phase process of validating, evaluating and awarding projects that are initiated by Unsolicited Proposals. PROPOSER - Any person or organization that submits the Unsolicited Proposal except for Augusta, Georgia’s agencies and departments. PRIVATE ENTITY - Any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. QUALIFYING PROJECT - Any project selected in response to a request for a local government or submitted by a private entity as an unsolicited proposal in accordance with the PPFIA and subsequently reviewed and approved by a local government, that has a public purpose or public need, as determined by the local government. A “qualifying project” shall not include and shall have no application to any project involving: (1) The generation of electric energy for sale pursuant to Chapter 3 of Title 46 of the Official Code of Georgia Annotated; (2) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated; 24 (3) Cable and video services pursuant to Chapter 76 of title 36 of the Official Code of Georgia Annotated; or (4) Water reservoir projects as defined in paragraph (10) of OCGA §12-5-471, which shall be governed by Article 4 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated. REVENUE - All revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project. UNSOLICITED PROPOSAL - A written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government. STATE - The State of Georgia. TRANSACTION PHASE - Transaction Phase may involve, subject to the delivery model, procurement phase followed by contract negotiations and execution. Note, public, community and stakeholder consultations may occur during the Transaction Phase. UNSOLICITED PROPOSAL - A written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government. Commission Meeting Agenda 7/18/2017 2:00 PM Accountability Court Case Manager Contract Department:Richmond County State Court Department:Richmond County State Court Caption:Motion to approve acceptance of contract for Accountability Court Case Manager. (Approved by Public Safety Committee July 11, 2017) Background:This position was previously a grant funded position in 2015 and 2016 and is currently pending to be approved for 2017. This position is a part time position that supports the operation of the Accountability Court DUI, Drug and Veterans Court programs. Requesting approval of this contract with an effective date of July 1, 2017. Analysis:n/a Financial Impact:Contractor will be paid out of the current Accountability Court budget until grant position approval letter is received. Alternatives:none Recommendation:Approved Funds are Available in the Following Accounts: 204022320/5239110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Juvenile Justice Incentive Grant Award Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve acceptance of the Criminal Justice Coordinating Council (CJCC) Juvenile Justice Incentive Grant Award in the amount of $300,000.00, MOU Agreement with Community Solutions, Inc. (CSI) in the amount of $263,000.00 and grant director/coordinator in the amount of $28,800.00 Grant # Y18-8-002 (Approved by Public Safety Committee July 11, 2017). Background:See attached information. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo DATE: TO: THROUGH: FROM: COMMITTEE: SUBJECT: AUGUSTA.RICHMOND COUNTY COMMISSION AGENDA REQUEST AND MEMORANDUM June29,2017 The Honorable Hardie Davis, Jr., Mayor Members of the Commission Janice Jackson, City Administrator Judges Douglas Flanagan, Judge Jennifer McKinzie & Judge Amanda Heath Juvenile Court Public Safety Acceptance of the criminal Justice coordinating council (CJCC) Juvenile Justice Incentive Grant Award in the amount of $300,000.00, Mou Agreement with community solutions, Inc.(cSI) in the amount of $263,000.00 and grant director/coordinator in the amount of $28,800.00. Grant # yl8-8-002. **.*.******************x***<***************{<*********{.{<**************{<********{<*** SUMMARY: Richmond County Juvenile Court respectfully requests the Commission and Mayor to accept the fifth Criminal Justice Coordinating Council (CJCC) Juvenile Justice Grant Award of $300,000.00. We have included the MOU agreement with CSI, Inc. for $263,000.00 and independent contract agreernent in the amount of $28,800.00 for the grant director/coordinator. Richmond County has successfully provided evidenced based programs this grant year to twenty-six qualifuing males and three female juveniles charged with serious felonies andpropertycrimes. Ofthetwenty-nine juveniles who participating in the program, fourteen have successfully completed the program to date with another eight juveniles expected to successfully complete the program within the next few weeks. These juveniles were treated through the Grant funded program in lieu of incarceration and expenditure of associated costs for short term and long term incarceration. BACKGROUND: The Richmond County Juvenile Court currently receives $298,000.00 funding through the Criminal Justice Coordinating Council (CJCC) Juvenile Incentive Grant (FY2017) to provide Multisystemic Therapy (MST) to targeted juvenile offenders in Richmond County by Community Solutions,Inc.(CS!. The MST program is currently providing intensive therapy to high-risk offenders and their families in lieu of short term incarceration (30 days) or Commitment to Of.l 1up to 5 years). The MST Program is ordered by the Court instead of incarceration. MST is designed to provide intensive counseling and therapy in the juvenile's home primarily working with the-family to makepositive changes within the home through evidenced based practices. ihir y"u. CSI has served twenty-ninejuveniles through the program. These twenty-ninejuveniles referred to the MST programwould have received 30 days of short term detention and some up to 5 years for serious felonies. The State set a goal for Richmond County of reducing detentions and commitments by 2 O%. In2Ol5- 2016, the short term placement commitments and felony commitments to DJJ were reduced by 6l%.Through the 2nd quarter of the 2017,the program is on target this year to meet the required reductionof 20Yo again by 60-70%. The grant coordinator has successfully provided leadership in managing the grant referral process, statistical monthly reports, quarterly reimbursements and cooperation from area county urd .tut. agencies to assure the successful operation of the grant. He now has 42years of experiencein Juvenile Justice and 36 years in grant management. ANALYSIS: The Court has continued to experience increasing referrals from the Richmond County Sheriffls Department and Board of Education Public Safety Officer's conceming serious felony and high and aggravated misdemeanor offenses. Many of these youth come from high risk low socioeconomic environments where the parents have little or no parenting skills to control serious delinquentjuvenile behaviors. Statistics show that incarceration does not rehabilitate these young offenders. However, if the parents and youth can learn and implement evidenced based intervention at an early age,many of the continued delinquent behaviors could be avoided. FINANCIAL IMPACT: The funding for the grant begins July 1,2017. Thegrant continues through June 30, ZOIB. With the fifth grant year the Court expects in2017 -2018 to serve over thirty juveniles and their families. The State Juvenile Justice Incentive Grant will fund $300,000.00. There are no matchins funds required from the Countv. According to statistics from the Department of Juvenile Justice the cost to incarcerate a juvenile for one year is $90,000.00 to $ 100,000.00. The savings to Georgia/Richmond County taxpayers for the youth directed to the MST program instead of incarceration is significant. ALTERNATIVES: Incarceration or county funded programs in lieu of incarceration. RECOMMENDATION: The Court respectfully requests the Augusta/Richmond County Commission and the Mayor accept theaward of $300,000.00 from CJCC Juvenile Justice Continuation Grant, approve the MOU for Community Solutions, Inc. (CS! and the contract for services for the grant director/coordinator. Augusta/Richmond County will serve as the funding agent and provide financial reimbursements toCommunity Solutions Inc. for implementation ofthe MST program. This is the reimbursement systemcurrently in place for the existing grant. The State of Georgia will again reimburse Augusta-Richmond County on a quarterly basis. REQUESTED AGENDA DATE: Tuesday, July 1 l,2Al t DEPARTMENT HEAD: Jenriifer S. McKinzie Judge Amanda Heath STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-O9OO Nathan Deal GOVERNOR June 13,2017 The Honorable Hardie Davis, Jr. Augusta-Richmond County 535 Telfair Street, Suite 200 Augusta, Georgia 30901 Dear Mayor Davis: Congratulations! I am pleased to notifr you that the Juvenile Justice Incentive Grant Funding Committee has awarded a grant to the Augusta Richmond County in the amount of $300,000. This grant award is effective July 1,2017 through June 30, 2019. As you know, juvenile justice reform and reinvestment in Georgia is not only one of my top initiatives as Governor, but also a very strong personal interest. I have seen firsthand the ,rt..r, stories that come out of courtrooms like yours. In addition to the reforms mandated by H.B. Z4Z, by providing you with the resources you need and expanding these community-centered, evidence- based services throughout the state, we can improve public safety and positively changes lives in the process. You soon will receive information from the Juvenile Justice Incentive Grant Funding Committee and the Criminal Justice Coordinating Council regarding your award and other grant-related matters. Thank you for your service to the State of Georgia. Sincerely, f\amr* A*r- Nathan Deal SUBGRANT AI{ARD SUBGRANTEE : Richmond County IMPLEMENTING AGENCY; Augusta/Richmond County PRO,JECT NAI{E: Juveni-le Justice Incentive SUBGRANT NUMBER: Y18-8-002 FEDERAL FUNDS: $ I,IATCHING FUNDS: $ Grant TOTAL FUNDS: $ OFFICE OFCRIMINAL JUSTICE THE GOVERNOR COORDINATING t REFERENCE COUNCTL NO.:01 300,000 0 300, 000 GRANT PERIOD:01 /aL/t7-06/30/L8 This award is made under the state of Georgia Juvenile Justice fncentive Grant(JJIG) program and is subject to the administrative rules established by theCriminal Justice Coordinating Council. The purpose of the JJIG program is toprovide funding for juvenile courts to serve youth in the community who wouldotherwise be committed to Georgia's Department of Juvenile Justice. This Subgrant shall become effective on the beginning date of the grant period,provided that within forty-five (45) days of the award execution date (beIow) theproperly executed original of this "Subgrant Award" is returned to the CriminalJustice Coordinating Counci_I. AGENCY APPROVAL SUBGRANTEE APPROVAL Jay Neal, Director Criminal Justice Coordinating Council Signature of Authorized Official Date llardie Davis,Jr. - MayorDate Executed: 0 6/09/L]Typed Name & Title of Authorized Official 58-22042'7 4-0A4 Employer Tax fdentification Number (ntN) ***********Jki(J'*:r(*******,(**r(*****r.*********i.**Jr**)k**r.***)k***)k)k***)k******-kikr()k*********** INTERNAL USE ONLY TRANS CD REFERENCE ORDER EEF DATE TYPE PAY DATE INVOfCE CONTRACT # L02 01 1-01 /ot/17 9 Y18-8-002 OVERRIDE ORGAN PROJECT VENDOR CODE Z 46 4 01 ITEM CODE DESCRIPTTON 25 CHARACTERS EXPENSE ACCT AMOUNT 1 Juvenile Justice Tncentive Grant 624 - 47 $ 300,000 SUBGRANTEE: PRO.IECT NAI"IE: SUBGRANT NUMBER: SUBGRANT A}IARD: CRIMTNAL .'T'STTCE COORDINATTNG COTJNCTL SPECIAL CONDTTTONS Richmond County .Tuvenil-e Justice fncentive Grant Y18-8-002 $300,000 1 ' The subgrantee agrees to take reasonable steps to provide meaningfulaccess to their programs and activities for persons with limited Englishproficiency (LEp). For more information on the civil rightsresponsibi-lities, that recipients have in providing language services toLEP individuals; please see the website at http://rep.gov. f niti-a1s The subgrantee agrees to comply with the Equal- Treatment Regul-ation {2gc'F'R' part 38) which prohibi-ts recipients from using federar grantfunding for inherently religious activj-ties. whil-e faith-basedorganizations can engage in non-funded j-nherentry religious activitj-es,the activities must be held separatery from the grant-funded program, andcustomers or benefi-ciaries cannot be compelled to participate in them. TheEqual- Treatment Regulation makes clear that organizations receivingfederal- grant funding are not permitted to discriminate when providingservices on the basj_s of a beneficiaryrs religj-on. Initial-s 3' rn accordance with Federal- regurations, your organizatj-on must compty withthe following Equal Employment opportunity pl-an reporting requirements: ff your organization has recej_ved an award for $5001000 or more and has 50or more empl0yees (counting both full- and part-ti-me empl0yees, butexcluding political appointees), then it has to prepare an EEop and submitit to the office of civil- Rights (ocR), office of Justice programs, u.s.Department of Justice for review wj-thin 60 days from the date of thisaward' For assistance in developing an EEop, please consu.l-t ocR's websiteat http z / /www 'o jp'usdo j -9ov/ocrleeop. htm. you may al-so request technical_assistance from an EEOp specialj_st at OCR by dialing (2OZ) 616_3208 - ff your organization received an award between $25,000 and 9500r000 andhas 50 or more employees, your organization must prepare an EEop, but itdoes not have to submi-t the EEop to ocR for review. rnstead, yourorganization has to maintain the EEOP on fi-le and make it availabl_e forreview on request ' rn addition, your organization has to complete sectionB of the certification Form and return it to ocR withj-n 60 days from thedate of this award. The certification Eorm can be found at: SUBGRANT NUMBER: Y18-8-OO2 SPECIAI coNDrTIoNs (Page 2) http : / /www. ojp. usdoj . gov/ about/ ocx / eeop. htm. If your organization received an award for l_ess than $25r000; or if your organizati-on has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educatj-ona1institution, nonprofit organization or fndian tribe, then your organj-zation is exempt from the EEOp requirement. However, your organization must complete Section A of the Certification Form and return it to OCR within 60 days from the date of thj-s award. The Certj-fication Eorm can be found at http: / /www.ojp.usdoj .gov/about/ocr/eeop.htm. The subgrantee acknowl-edges that failure to submit an acceptabl-e EEOP (if the subgrantee is required to submit one pursuant to 28 C.F.R. Section 42.302), that i-s approved by the Office for Civil- Rights, is a violation of its Certified Assurances and may result in suspension or termj-nation of funding, until such time as the subgrantee is in compliance. The subgrantee must maintain proof of compliance with the above requj-rements and be abl-e to provide such proof to CJCC upon request. Initial-s 4. the recipient agrees to comply with all applicabfe 1aws, requlations, policies, and guidance governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provj-sion of food and/or beverages at such events, and costs of attendance at such events. fnformation on pertinent 1aws, regulations, policies, and guidance is available at http : / /www. ovw. usdo j . gov / grantees . html . Initials 5. The subgrantee agrees to abi-de by Georgia law regarding the uti-lization of professional counselors, social- workers, and marri-age and family therapists. (O.C.c.A. S 43-10A-1, et. seq) . lnitials 6. The subgrantee agrees to abide by Georgia 1aw regarding the utilization of psychologi-sts. (O.C.G.A. S 43*39-1, et. seq) . Initial-s 7 - Pursuant to Executive order 13513, "Eederal- Leadership on Reducing Text Messaging while Driving, " 74 Reg. 51,225 (october 1, 2oo9), the Department of Justice and the Criminal Justice Coordinating Council encouragesgrantees and subgrantees to adopt and enforce policies banning employees from text messaging whil-e driving any vehicl-e during the course of performing work funded by this grant, and to establish workplace safetypolicies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Initial-s 8- The subgrantee certifies that 1) titl-e to all equipment and/or supprj-es SUBGRANT NUMBER: y1B-g-OO2 SPECIAI, CONDTTIONS (Page 3) purchased with funds under this subgrant shall vest i-n the agency thatpurchased the property; 2) equipment and/or supplies will be malntained inaccordance with establj-shed local or state procedures as long as theeguipment and/or supplies are used for program-related purposes; and 3)once the project concludes and,/or equipment is no longer utilized for itsgrant-funded purpose, the criminal Justice coordinating councj-l- wilL beinformed of the available equipment and determine its future use to assureit is utilized in furtherance of the goals and objectj-ves of the grantprogram and the State of Georgia.Initials The subgrantee must submit Subgrant Adjustment Reguest #1 with thecompleted award package- The adjustment request must be accompanied by adetailed project budget that itemizes all projected expenditures. Theproject budget and summary will not be established, or officiallyapproved, until the subgrantee receives a written approval notice from thecriminal Justice coordinating council. A1l project costs and projectactivities must coincide with the approved budget, summary, andimplementation plan unless subsequent revisions are approved by theCriminal- Justice Coordinating Council-.fnitials 9. 10. 72. The subgrantee mustproject surnmary, andbut no later than 60 fnitials submit subsequent reguests to impJ-ementation plan prior to days prior to the end of the revise the budget, any substantial_ changes, subgrant period. 11 A11 project costs notprorated, and only the reimbursable under the Initials excl-usively related to this approved project must becosts of project-related activj-ties wil-l besubgrant award. 13 L4 The subgrantee agrees to ful1y cooperate with any monitoring or eval-uationactivities, and any rerated traini-ng activi_ties, initiated and/orconducted by the cri-mi-nar- Justice coordi_nating councir_ during andsubseguent to the award period. fnitials The subgrantee agrees to submit requestsmonthly or quarterly basis, as selectedaward. Subgrant Expenditure Reports aremonth (if reporting monthly) or 30 daysreporting quarterly). Initial-s The subgrantee agrees thatper eight hour day ($56.25 Office of Justice programs Initials ff any changes occur in the subgrantee I srevised Disc1osure of Lobbying Activitiessubgrantee further understands and agrees for reimbursement on ei_ther aby the subgrantee at the time ofdue 30 days after the end of theafter the end of the quarter (if consultant/contractor fees in excess of g450.00per hour) must have prior approval from theand the Criminal Just j-ce Coordinating Council_. lobbying status or activj_ties, a Eorm must be submitted. Thethat it cannot use any federal 15. SUBGRANT NUMBER: Y18-8.Oo2 SPECIAL coNDITIoNs (Page 4) funds, either directly or indirectly, in support of the enactment, repeal,modificati-on, or adoption of any 1aw' regulation or policy, at any leve1of government, without the express prj-or written approval of the office ofJustice Programs. Ini-tia1s 16. The Criminal Justice Coordinating Council wil-l conduct a financial- andprogrammatic review of each grant at the end of the second quarter, and each quarter thereafter. The Councj-I reserves the right to add anyconditions to the award and/or retain any unused funds if deemed necessary. Initials 17. tne recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if receipient is reguired to submit onepursuant to 28 C.E.R. Section 42.302), that is approved by the Office forCivil- Rights, is a vi-olation of its Certified Assurances and may resul,t in suspension or termination of fundj-ng, until such time as the recj-pient is in compliance. 18- Award recipients must verify Point of Contact (POC), Financial Point of Contact (FPOC), and Authorized Representati-ve contact information, incl-uding telephone number and e-mai-I address. If any information isj-ncorrect or has changed, a Subgrant Adjustment Request (SAR) must be submitted in writing to document changes. Initial-s 19- The subrecipient agrees to comply with the Department of Justlce Grants Einancia] Guide as posted on the OJp website. Initials 20- The subgrantee understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance isprovided from those funds, or of the parents or 1egaI guardians of such students. Initi-al-s 21- The subgrantee understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such networkblocks the viewing, downloading, and exchangi-ng of pornography, and (b) Nothing in subsection (a) Iimits the use of funds necessary for any Eederal-, State, tri-baI, or loca1 Iaw enforcement agency or any otherentity carryj-ng out crj-minal- investigations, prosecution, or adjudicatj-onactivities. Initial-s 22- ALL courts must use the Department of Juvenil-e Justice (D,JJ) Detention Assessment Instrument (DAI) for any youth considered for detention, asrequired by the H.B. 242, as passed in the 2Ot3 legislative session of the St BGRA!{T NUMBER: y18-8-OO2 SPECIAI CO}TDITTONS (Page 5) Georgia General Assembly. The Predispositj-on Risk Assessment (PDRA)rnstrument should also be used in all instances where the tool isappropri-ate for the youth being considered for the evidence-based program(in any instances in which the youth is adjudicated). The pDRA scoreshoul-d be entered into the Juvenile Tracking system (JTS), or Juvenil-eData Exchange (JDEX) when available. only youth with a moderate to highPDRA score are eli_gibl_e for fncentive Grant programming. fnitials 23 ' All grant funds must be used to serve youth who have come into contactwith the juvenj-Ie justice system and wou.l-d not be considered dependencycases' A11 youth served by the grant must have a new deli-nquent charge. NoCHINS cases should be served. f nitial_s 24 ' The grantee must submit subgrant Adjustment Reguest #1 with the compl-etedaward package. The adjustment request must be accompani-ed by a detailedproject budget that itemizes all projected expenditures as approved by theJuvenile Justice Funding commi-ttee. The project budget and the projectsummary will not be established, or officially approved, until the granteerecej-ves a written approval notice from the criminal Justice coordinatingcouncil-. All project costs and project activities must coincide with theapproved budget, summary, and implementation plan un1ess subseguentrevj-sions are approved by the criminal Justice coordinating council. -Ln1t1a-Ls The grantee must submit subsequent subgrant Adjustment Requests to revisethe budget, project summary, and implementati-on plan prior to anysubstantial changes, but no later than 30 days prior to the end of thesubgrant period. Initi-a1s 25 26 The grantee agrees that no funds sha]l be expensed outside ofbudget. rn addition, any funds spent under this subgrant awardexpended by the grant end date and not encumbered. Initials the approved must be 27' this is a reimbursement grant. The grantee agrees to submit requests forreimbursement on either a monthly or quarterly basis, as selected by thegrantee at the time of award- Subgrant Expenditure Reports are due 30 daysafter the end of the month (if reporting monthJ-y) or 30 days after the endof the guarter (if reporting quarterly).fnitials The grantee certifies that state funds will not be used to supplant fundsthat woul-d otherwise be made availabl-e for grant-funded initiatives. statefunds must be used to supplement exj-sting funds for program activities andnot repl-ace funds appropriated for the same purpose. potential supplantingwirl be the subject of application review, as well as pre-award rev1ew, 28 StBGRANT NUMBER: y1B-8-002 SPECTAL CONDITIONS (Page 6) post-award moni-toring, and audi-t. rf there is a potentlal-supplanting, the grantee will be requi-red to document thatin non-state resources occurred for reasons other than theanticipated receipt of state funds. Initial-s presence of the reduction receipt or 29' Statistical and,/or eval-uation data describing project performance must besubmitted to The carl vinson lnstitute of Government and the Department ofJuvenile Justice through monthly surveys and quarterly reports usj-ng theprescrl-bed format provided to the grantee. Eailure to submit this data ona timely basi-s will resul-t j-n the withholding of grant funds on this grantand,/or any other grant administered by GJCC until compliance is achieved.If reports are not recej-ved, funds for subsequent quarters may beresci-nded. f nitial-s 3t_ 30. The grantee agrees to comply wj_th Juvenile Justice fncentive Grant fnitiafs The subgrantee agrees that atin the first quarter, sOC inquarter. If this condition is that quarter will be retained Justice Eunding Committee. rnitials Waivers for the above 25?. at the discretion of the will be avail-able for the f nitial-s the guidance contained in the 2017 Program Request for proposal-s. least 25?" of the awarded funds will_ be spentthe second quarter and 758 in the thirdnot met, aDy unused remainlng funds fromby the Counci-l- to be managed by the Juvenile or 508 expenditure requirement will_ be grantedJuvenil-e Justice Eunding Committee. No waivers 758 requirement. At minimum, 708 of awarded funds must be used for Evidence-Based program costs associated with contract and di-rect services. No more than 30? ofawarded grant funds can be used for adminlstrative costs. Any requests tohave funds alfocated in a manner that does not comply with the 70130 rulemust be justified in a written statement and submitted to the CriminafJustice Coordinating Council with an adjustment reguest. The adjustmentrequest and justj-fication will be forwarded to the Juvenile JusticeEunding committee for consideration on a case-by-case basis. Initials 32 34' Non-compliance with any of the special condj-tions contained within thisdocument, by the authorized official, project official-s and,/or employeesof this grant, will result in a recommendation to the Juvenil-e JusticeFunding Committee that the award be resci_nded. 35 ' The subgrantee certif ies that any and al-l- subagreements sha]I foll-ow thereimbursement nature of the grant and shall- not incl-ude any minimum toserve clause or fixed paYment schedule. payments issued to subcontractorsshall be on a reimbursement basis and shall not be processed prior to therenderinq of services. Al_lsubagreements relating to this grant shall be submitted to GJCC pri-or tothe approval and reimbursement of any subgrant Expenditure Reports (sERs).fnitials Please be advised that failure to comply with any of the specj-aI conditions willresult in material noncompliance with the sr:bgrant Agreement, thus sr.rbjecting thesubgrant Agreement to possible termination by the criminar .fustice coordinatingCounci].. SUBGRANT NUMBER: Y18-8-oo2 fnitials SPECTAT CONDTTIONS (Page 7) Hardie Davis, Jr.Tit].e :Mayor Date : Ilped name ofAuthorized Official: Sigrnature : REQIEST DATE: 07-0L-2017 SUBGRjAIITEE: Richrnond County PRo,JEcr IiIAME: .ruvenile ilustice rncentiwe Grant Erlg NATURE Or ADJUSTMENTi _ REVISED BUDGET Go To . sEcTroN r PRrNr DATE: O6/Oe/t7 6{IS DOG'I{ENT 3A Mark af 1 that appl-y. Adjustments of each tl4pe shown should be entered in the secti-on indi-cated. CRI!{INAI. \'T'STICE COORDINATING COUNCIL srrBGRAlrT AD.,uSI!IENT REQUEST EEDERAI GR,A}IT # + $2700 + $400 300,000 - $3100 300,000 300,000 PAGE 1 OF 2 eDJREQUESTf, 1 SUBGR.ANI #: y18-8-OO2 _ PROJECT PERIOD AND/OR EXTENSION. Go To . _ PROJECT OFFICIAIS/ADDRESSES. Go To . _ PROJECT PERSONNEL. Go To _ GOALS AND OBJECTIVES Go To .OTHER. Go To . . SECTION 1r. SECTION rll. SECTION rlr. SECTION rlr. SECTION TII MUST BE JUSTIFIED AND EXPLA]NED THOROUGHLY TN SECTION I\'. sEcrroN r. REQUEST l'oR BUDGET cEAlrGE - JlrsrrEr rN sEcrroN rv. CURRENT APPROVED $0 REVrSroNs +/-REVTSED BUDGET SECrION IT. REQUEST AOR CHA}IGE IN PRO,JECT PERIOD - .'USTIFY IN SECTIO}I r\/. PERSONNET EQUIPMENI SUPPLIES TRAVEL PRINEING OTIIER TOTAL $ Sederal $ Match $ CURRENT GRANT PERIOD Start Date: 07 /Ol/11 End Date; 06/30/18 - $3100 - $3100 REQUESTED GRANT PERIOD Start Date: 07 l0l/L7End Datet 06l30lLB $2 700 $400 $296,900 $296.900 $296.900 FOR EXTENSION, # OP MONTHS: NOTE: The maximum extension request cannot exceed 12 months. sEcrroN rrr. REQUESTS FoR REvrsroNs ro PRo\rEcr orFrcrAts/eooesssss, pRoJEct pERsoNNEL, GoALs At{D oBJEcrrvEs, A}IDloR orHER NoN-BITDGET, lroN-pERroD cIIANG:ES(.rusErrY rN sEcTroN rv. ) CONITINUED ON }JEXT PAGE PRINT D^ATE: 06/OA/71 GMIS DOCUMENT 3A CRTMT}IAL JI'STICE COORDTNAUNG COI'NCIL srrBGR.AlrT eDiruslllEtilll REQUEST EEDER,AL GR.AI{T * PAGE 2 of 2 ADiI REQT'EST *: 1 REQUEST DATE: 07 l0Il20L7 SUBGRAIITEE: Richmond County SUBGRAIIT #: Y18-8-002 PROiIECT NAIIE: iluwenile ilustice Incentiwe Grant Ey18 SECTION IV. ,'USTIFICATION OF ALL REQT'ESTED ADJI'S1A'ENTS, REVTSIONS, AIID/OR CIIAIIGES A1l requested adjustrnents in Sections I, II & fII (page 1) must be justified in detail in this Section.Include itenl costs, desr:ripl,ions, equipment 1ists, det-ailed explanations, and any other information that rvould further. clarify and supporf_ your request_ for adjustment. Attach additional pages as needed. SEE BIJDGET NARMTIVE IN APPLICATION STIBMTTTED BY: MavorSj-gnature of Financial_ Officer or project Director Titl-e Date CJCC ROUTING A}ID APPROVALS:Approval Disapproval Reviewer Signature Reviewed By: Authorized By: CRIMINAL JUSTICE COORDINATING COUNCIL REIM BURSEi,I ENT SELECTTON FORM Y18-8-002SUBGRANT NUMBER: AGENCY NAIIE: 1-SELECT A SCHEDULE FOR SUBMITTING REIIIBURSEMENTS (GHECK ONE BOx}D IIONTHLY (Requests for reimbursement are due 15 dayns after the end of the month) f, ouanrent-v (Requests for reimbursement are due 30 days after the end of the quarter) SELECT A PROCESS FOR RECEIVING RETMBURSEMENT PAYMENTS (CHECK ONE EOX)o ELEqTRgryrc fuND9:TR.qNsFE (Reimbursements will be deposited into the bank account tisted betow.A voided check must be attached to ensure proper routing of funas.) BANK NAME: BANK ROUTTNG NUMBER: BANK ACCOUNT NUMBER: AGENCY CONTACT NAIiE: AGENCY CONTACT TELEPHONE NUMBER: AGENCY AUTHORIZED OFFICIAL NAME AND TITLE: AGENCY AUTHORIZED OFFICIAL SIGNATURE: x CHECK (Reimbursements will be mailed in the form of a check to the address listed below) MA;LING ADDRESS: 535 Telfair Streer STE 610 CITY, STATE&ZIP: ATTENTION: AGENCY AUTHORZED OFFICIAL SIGNATURE: Hardie Davis, Jr. - Mayor For CJCC Use ONLY LEGAL }.IATvE OF AGEI.ICY: PROJECTTTILE: DESIGNATpN OF GRANT OFFICIALS .Trrwpni'l p .Trrsti ce Tnr.entive Grant Xr'Bill Dean E us. T NAI\,IE or Print)Program Coordinator -Richnond County Juvenile Court andAgency 535 Telfair Srreet STE Offi cial Agency Mailin g Address 610 Au sta, Ga.30901 City706-82r-4260 E ur. I r,,t". Donna B. Llillians FINAI..ICIAL ER (Type orFinance Directo: - Augusta-Richmond County 535 Telfair Streer STE 800 A"e"".I", c". 30901City Zp706-82L-2330 706_82t_2855DaytimeTelephoneNumber rc = =tt{itliansGaueuE-Mail Address Xr'fl us. Hardie Davis, Jr. or Print) """WTite andAgency cr. 30901fficialAgency Mailing nOOr Zp mnlrordnvi s(0arrgrrsf e ga - gov E-Mail Address Budget Detail worksheet for State Grants Purpose: The Budget Detail worksheet shall be used to prepare your budget. ln addition to this document, you must also complete and submit a budget narrative. ApplicantAgency: RichmondCountyJuvenite Cou* -FYAO/6 A. Personnel - List each county employee that works on the grant by title and name. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. lf applicable, list seporotely any personnetfringe benefits. Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are only for the percentage of time devoted to the project. Name/Position Computation Cosl Position 1 Position 1 Benefits Position 2 Position 2 Benefits Position 3 Position 3 Benefits >osition 4 Position 4 Benefits Position 5 Position 5 Benefits Position 6 Position 6 Benefits Position 7 Position 7 Benefits Position 8 Position 8 Benefits Position 9 Position 9 Benefits Position 10 Position 10 Benefits TOTAT So.oc B.Equipment-Listnon.expendableltem@ed.Non-expendable"ffi property having a useful life of more than two years and an acquisition cost of S5,oo0 or more per unit. (Note:organization's own capitalization poticy may be used for items costing tess than S5,000). Expendable itemsshould be included either in the "supplies" category or in the "other" category. Applicants should analyze thecost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapidtechnical advances. Rented or leased equipment costs should be listed in the "contractual,, category. Explain 'the equipment is necessary for the success of the project. Attach a narrative describing the procurement hod to be used. ment Entrv 5 C. supplies - List items by type (office supplies, postage, training materials, copying paper, and expendable equipment items costing less that S5,0OO, such as books, hand held tape recorders) and show the basis for computation. (Note: Organization's own capitalization poticy may be used for items costing less than SS,OOO1. Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply ltems Computation Cost SeneralOffice Supplies copy paper,folders,pens, note pads s260.0cnhancement outing Lunches Egqqhing for Success lunch for 5 field trips s1,000.00Comcast lnternet for MST staff $120 monthly service fee x 12 months s1,440.00 Supply Entry 4 Supply Entry 5 Supply Entry 6 Supply Entry 7 Supply Entry 8 Supply Entry 9 iupply Entry 10 iupply Entry 1L iupply Entry 12 Supply Entry 13 Supply Entry 14 Supply Entry 15 TOTAL Sz,zoo.oc )' Travel - ltemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews,dvisory group meeting, etc.). show the basis of computation (e.g., six people to 3-day training at SX airfare, SXlodging, $X subsistence). ln training projects, travel and meals for trainees should be listed separately. show thenumber of trainees and the unit costs involved. ldentify the location of travet, if known. lndicate source of I Policies applied, Applicant or Federal Travel Regulations. Forsyth Ga X 2 310 miles x S.+OS x two meetings 212 miles x S.+OS Field trip outings- Reaching for Success Five Reaching for success field trips Travel Entry 4 Entry 5 Travel Entry 6 Saoo. E. Printing - List printing by method or vender, purpose (training materials, youth handouts, etc.), number of items to be printed, and estimated cost. Generally, all items printed will be expended or consumed during the course of the project. lF. Other Costs: I llndividual items: (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) list by major type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of S100,000. Consultants/Contracts - lndicate whether applicant's formal, written procurement policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (g- hour day), and estimated time on the project. Consultant fees in excess of 5450 per day require additional justification and prior approvalfrom CJCC. Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.) Construction - As a rule, construction costs are not allowable. ln some cases, minor repairs or renovations may be allowable. Check with CJCC before budgeting funds in this category. Description Computation Costl lSl services to provide MST Program supervision 1-clinical supervisor,2 therapist,partial Prgm. Dir S263,ooo.oc Crant Coordinator - Part-time S2S per hour x avg 96 hrs per month x 12 mon S28,8oo.oc Pro-Social Activities Registration & monthly fees for pro-social activities s5,100.0c Other Cost 4 Other Cost 5 Other Cost 6 Other Cost 7 Other Cost 8 Other Cost 9 Other Cost 10 0ther Cost 11 Cther Cost 12 Other Cost 13 Other Cost 14 Other Cost 15 Other Cost 16 Other Cost 17 Other Cost 18 other Cost 19 Other Cost 20 Other Cost 21 Other Cost 22 Sther Cost 23 Other Cost 24 Other Cost 25 TOTAT S296,9oo.oo Budget Summary - When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. lndicate the amount of Federal requested and the amount of non-Federal funds that will support the project. Category A. Personnel B. Equipment C. Supplies D. Travel E. Printing F. Other State Grant Request Non Grant Amount Amount So.oo So.oo s2,700.00 s400.00 So.oo s296,900.00 TOTAL PROJECT COSTS 53oo,ooo.oo SEoo,ooo.oo Richmond County Juvenile Court Memorandum of Understanding This Memorandum of Understanding outlines the agreement between the Richmond County Juvenile Court (hereinafter referred to as the (Court") and Community Solutions, Inc. (hereinafter referred to as ,,CSI"). Backsround on 2018 Juvenile Justice Incentive Grant The purpose of this grant opportunity is to continue to provide funding for local programs designed to serve youth in the community who would otherwise be committed to Georgia's Department of Juvenile Justice (DJJ) or sentenced to the Short Term Program (STP). Core Principles The partners will adhere to the state and nationally recognized principles and evidence-based practices. Staffine The partners agree to provide staff appropriate to support the specialty courts to attend team meetings, court sessions, training and other related events. The partners further agree to mutually support each other's efforts to maintain or achieve the appropriate level of staffing needed to support the program. Fundine For CSI services to be rendered under this contract, CSI shall be paid a total contract amount not to exceed $263,000 for the period of July 1,2017 to June 30, 201g. The contract amount under this Agreement will be paid on a per diem per youth basis ($90 per day, billing begins once intake takes place between family and MST therapist\supervisor). The Contractor will send the invoices to County no later than the 10ft day of each month for the previous month services. In-Kind The Court will provide CSI office space with ofEce furniture, office phone, internet access, basic office supplies, and access to a copier and printer. /+N-25 Parkins CSI and its employees will not have access to the designated parking lot assigned for the building which houses the Court. Polices of Juvenile Court and Augusta-Richmond Countv CSI and its employees shall adhere to the general rules, regulations and policies of Juvenile Court, Augusta-Richmond County while on-site. Education. Outreach and Performance Measurement The partners agree to promote a better understanding through community support of the program and the impact such programs have on public safety by reducing recidivism and promoting the family while decreasing drug use and the negative effects of mental illness. The partners further agree to share data and information necessary to document the performance and outcomes of the program. Role of Richmond County Juvenile Court The Court will be responsible for all aspects of grant management and financial and performance reporting. In addition, the court will seek to provide at least a part-time Program Coordinator during the grant period. During this period, the Program Coordinator will report to the presiding judge. Role of the Vendor Community Solutions Inc. (CS| will provide Multisystemic Therapy (MST) to 30 youth and families, residing in Richmond County, annually. MST is a family-based treatment model for juvenile offenders designed to improve the psychosocial functioning of youth and their families and to reduce delinquent behavior. The foundation of MST is that the family will learn new skills early in treatment that they will be able to use and sustain throughout the rest of treatment and thereafter, thus eliminating the need for future services. Evaluations of MST have demonstrated significant and sustained reductions in delinquency and in the length of stay in out of home placernents. The MST program delivers a home-based service to address the major risk and need factors that predict further involvement within juvenile justice systems. The ultimate goal of MST is to empower families to lrtlc*A(a build an environment that promotes a healthy positive change. The key to this empowerment plan is building a relationship with the family. CSI Therapists will deliver services in the homes. MST services are typically delivered in home and community settings to increase cooperation and enhance generalization, the ability to continue skills learned without the support and oversight of the therapist. Therapists will carry caseloads of 4-6 clients with service duration of 4-6 months. To make ecological changes, MST staff will be available 24 hours per day, 7 days per week, using a on-call schedule of week-ends and holidays. CSI will track program data and provide regular reports to Richmond County Juvenile Court. CSI will provide annual criminal background checks on direct staff to Juvenile Court. Modification or Termination of MOU This MOU will rernain in effect until one ofthe parties notifies the other of its intent to modift or terminate the agreement. Each party will provide 30 days' notice of its intent to modifu or terminate the agreement. Should the modification or termination of the agreement take place while individuals are still being served under the term of this agreement, both parties agree to work together to find alternative services for these individuals. Signed this _ day of 2017. Augusta, Richmond County By: Community Solutions, lnc. By: As: As: N-11 STATE OF GEORGIA RICHMOND COUNTY ) GRANT DTRECTOR/COORDTNATOR )) INDEPENDENT CONTRACT This document outlines an agreement made on July l, 2017 between RICHMOND COUNTY JUVENILE COURT, 971 Broad Street, Suite. B, Augusta, Georgia 30901, and BILL DEAN, 2550 Richmond Hill Road, Augusta, Georgia, 30906. BILL DEAN has been retained as an independent contractor for RICHMOND COI-INry JUVENILE COURT, for the work and project described as follows: a) To serve as the Grant Director/Coordinator for the MST/CJCC Grant; b) Oversee the activity of the team; c) Conducts quality assurance of each team member; d) Maintains participant data; e) Assist with referral process and screening between DJJ, MST and Juvenile Court; 0 Remains informed regarding budgetary concerns of the program; g) Coordinates services from each discipline and the local community in a manner that is most therapeutic to the participant; h) Coordinate, schedule and attend training as appropriate and required; i) Attend court hearings as needed; j) Maintain open coflrmunication and relay updated information to Judges on a regular basis as to the progress or lack of progress of Grant; k) Attend team meetings, planning meetings and any other meetings deemed appropriate for the Grant; l) Complete monthly statistical and quarterly gant reimbursements to CJCC as directed; m) And any other programs or business relating to The Grant as deemed appropriate. The duration of the employment of the contractor for the grant will begin, July 1, 2Ol7 and will end on June 30, 2018 and will work an average of 24 hours per week throughout the duration of this contract. The contractor will be paid in monthly installments as outlined by the grant budget which will total $2,400.00 per month($28,800.00 annually) as an approved administrative costs under the grant. There is no entitlement to benefits such as health insurance, life insurance, retirement, or unemployment insurance. Juvenile Court provides an office, phone and office supplies to assist the Grant Director/Coordinator manage the juvenile court grant. ftkL-21 The contract is in effect as of July 1,2017 through June 30,2018. Signed this _ day of 2017. ,r, /3ti Qae^- Bill Dean - Independent Contractor BY: Judge Douglas J. Flanagan BY: Mayor Hardie Davis, Jr. fr^L-fr Commission Meeting Agenda 7/18/2017 2:00 PM New Position Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve New Position in the Juvenile Court (Administrative Assistant II, Salary Grade 43). (Approved by Finance Committee July 11, 2017) Background:Judge Heath was appointed as Juvenile Court Judge October 2016. The person selected to fill this position will work as Judge Heath's Assistant. He / She will prepare the Judges Court Calendar; Court Orders as required; as well as Office Correspondence for Judge Heath. Analysis:No additional funding required for this position. Will be using funding from approved budget. Financial Impact:The need for the Administrative Assistant II will be reporting to Judge Heath and will be a Salary Grade 43 at $32,019.00,plus benefits. Alternatives:Not to Approve New Position Recommendation:Approve New Position as Indicated Funds are Available in the Following Accounts: Transfer Funds from 101-02-2110 / 5224111 (building rental) to 101-02-2110 / 5111110 (salaries and wages) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Environmental Services Department Department: Department: Caption:Motion to approve authorizing the Administrator to seek quotations from professional services firms to perform a programmatic,operations and financial review of the Environmental Services Department with the option of having an audit if they decide that is necessary. (Approved by Engineering Services Committee July 11, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Fifteenth Street Pedestrian Improvement Project Department:Engineering Department:Engineering Caption:Motion to approve funding for final Design Consultant Services Supplemental Agreement to Wolverton & Associates, Inc. in the amount of $1,347,424.97 for the 15th Street Pedestrian Improvement Project as requested by the AED.(Approved by Engineering Services Committee July 11, 2017) Background:SR4/15 Street Pedestrian Improvement is a SPLOST VI Capital Project and a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. It is a TIA Band 2 project and TIA funds are allocated for design & construction. In March 2017, commission approved award of the initial design phase of the project that included concept development, limited Public Involvement and initial database preparation to Wolverton & Associates. Concept phase of the project is completed and warrants final design development including environmental document, field survey work, utility assessment & coordination, geotechnical assessment, right-of-way plans, lighting design and development of final construction plans. Analysis:On March 29, 2017 commission approved the initial design phases of the project that included concept development. The purpose of this item is to move the project from concept to final design and construction. Financial Impact:Funds are available in Project TIA funds. Alternatives:1). Approve funding for final Design Consultant Services Supplemental Agreement to Wolverton & Associates, Inc. in the amount of $1,347,424.97 for the 15th Street Pedestrian Improvement Project as requested by the AED. 2). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Cover Memo Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: Project TIA Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo (SA01 – For changes less than $25,000) June 2017 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15040146 GDOT Number (s): RC07-000146 PI 0011408 Supplemental Agreement Number: 1 Purchase Order Number: 17ENG230 WHEREAS, We, Wolverton & Associates, Inc., Consultant, entered into a contract with Augusta-Richmond County on March 29, 2017, for engineering design services associated with the improvements to 15th Street Pedestrian Bridge, project RC07-000146, PI 0011408, File Reference No. 17-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering Services For the Design Phase It is agreed that as a result of the above described modifications the contract amount is increased by $1,347,424.97 from $491,688.00 to a new total of $1,839,112.97. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Wolverton & Associates, Inc., Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Wolverton & Associates, Inc. AUGUSTA, GEORGIA Janice Allen Jackson, Administrator Approved Date: Approved Date: __________________________ [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#328-041110-210328103 to award the preliminary engineering concept phase of the Design Consultant Services Agreement to Wolverton & Associates, Inc., in the amount of $491,688.00 for the 15th Street Pedestrian Inprovements Project. Due to a conflict of interest, URS discontinued design services for the project after its merger. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VI 756,120$ TIA Discretionary 109,078$ 865,198$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#328-041110-210328103 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements 1 of 2 6/20/2017 Augusta-Richmond County, Georgia CPB#328-041110-210328103 CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VI (756,120.00)$ -$ (756,120.00)$ 000-0000-0000000 TIA DISCRETIONARY (109,078.00)$ (109,078.00)$ TOTAL SOURCES: (865,198.00)$ -$ (865,198.00)$ USE OF FUNDS ENGINEERING 000-0000-0000000-5212115 865,198.00$ -$ 865,198.00$ TOTAL USES:865,198.00$ -$ 865,198.00$ 2 of 2 6/20/2017 Commission Meeting Agenda 7/18/2017 2:00 PM GDOT SR 4/15th St from Milledgeville Rd to Government Rd Utility Relocations Department:Utilities Department:Utilities Caption:Motion to approve Professional Services Proposal from WK Dickson & Company for the necessary design of Utility Relocations for the GDOT SR 4/15th Street from Milledgeville Rd to Government Rd Project in the amount of $125,000. (Approved by Engineering Services Committee July 11, 2017) Background:Currently GDOT is proposing a design project to widen and improve drainage along State Route 4 from Milledgeville Rd to Government Road. The existing right of way is extremely limited and congested with existing utilities, which makes any design efforts very challenging. WK Dickson has provided a proposal to design necessary water and sewer relocations associated with the roadway work. WK Dickson will also evaluate the need to relocate/rehabilitate/replace existing aging infrastructure in this area, prior to any roadway efforts. Analysis:WK Dickson has been approved to provide professional services related to GDOT work under RFQ #13-124. They have a local office and are the firm most familiar with our water and sewer infrastructure in this area. Financial Impact:WK Dickson & Company has proposed to provide professional design services for this project for a fee of $125,000. We have reviewed the scope of work and associated fees and find them to be reasonable. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the proposal from WK Dickson & Company $125,000 be approved. Funds are Available Cover Memo in the Following Accounts: Funds are available in the following accounts: 512043490- 5212115 / 81700050-5212115 REVIEWED AND APPROVED BY: Cover Memo 1 OF 25 REVISION DATE: June 2006 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND W.K. Dickson & Co., Inc. CONSULTANT CONSULTANT: W.K. Dickson & Co., Inc. PROJECT: GDOT SR 4/15th St from Milledgeville Rd to Government Rd Utility Relocations DATE EXECUTED: DATE COMPLETED: 2 OF 25 REVISION DATE: June 2006 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND W.K. Dickson & Co., Inc. CONSULTANT This Agreement is made and entered into this ______ day of _ ___________, 2017 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and , a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 3 OF 25 REVISION DATE: June 2011 GENERAL PROVISIONS CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the CITY. CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. 4 OF 25 REVISION DATE: June 2011 This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral. 5 OF 25 REVISION DATE: June 2011 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 6 OF 25 REVISION DATE: June 2011 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 7 OF 25 REVISION DATE: June 2011 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT’s Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 8 OF 25 REVISION DATE: June 2011 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 9 OF 25 REVISION DATE: June 2011 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 10 OF 25 REVISION DATE: June 2011 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify the CITY against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's compensation and professional liability policies, and a copy 11 OF 25 REVISION DATE: June 2011 of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE 12 OF 25 REVISION DATE: June 2011 CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION 13 OF 25 REVISION DATE: June 2011 No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONSULTANT: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30911 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this agreement. 27. DEFECTIVE PRICING To the extent that the pricing provided by CONSULTANT is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONSULTANT is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 14 OF 25 REVISION DATE: June 2011 29. HOLD HARMLESS Except as otherwise provided in this agreement, CONSULTANT shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the negligent performance of its Work. 30. GEORGIA PROMPT PAY ACT NOT APPLICABLE The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 31. RIGHT TO INSPECT PREMISES Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CONSULTANT or any subcontractor of CONSULTANT or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 32. E-VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 33. LOCAL SMALL BUSINESS LANGUAGE In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in 15 OF 25 REVISION DATE: June 2011 the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 34. ACKNOWLEDGEMENT “Consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] 16 OF 25 REVISION DATE: June 2011 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA, GEORGIA (CITY) BY: BY: PRINTED NAME: Hardie Davis, Jr. PRINTED NAME AS ITS: MAYOR AS ITS:: Principal ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME AS ITS: Clerk of Commission AS ITS:: Principal DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 17 OF 25 REVISION DATE: June 2006 CONSULTANT’S RESPONSIBILITIES CONSULTANT , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONSULTANT shall review its understanding of the Project requirements with CITY and shall advise CITY of additional data or services which are not a part of CONSULTANT’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. 18 OF 25 REVISION DATE: June 2011 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULTANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 1 OF 6 REVISION DATE: June 2006 ATTACHMENT A – SCOPE OF SERVICES PROJECT DESCRIPTION: This project involves providing Professional Engineering Services related to assisting Augusta Utilities Department (AUD) with the Georgia Department of Transportation (GDOT) Transportation Investment Act (TIA) Project P.I. # 220680 – Richmond County, SR 4 / 15th Street From Milledgeville Road To Government Street (Project). AUD received a letter from GDOT referencing OCGA 32-6-170 & 171 – Request for Project Information, 2nd Submission – Existing and Proposed Utility Facilities which requests utility information and a submission from AUD. AUD has requested W.K. Dickson & Company, Inc.’s (CONSULTANT’s) assistance in responding to GDOT’s request, which will involve the following items: • Check existing AUD facilities as shown on GDOT’s plans for any missing and/or incorrect information and provide mark-ups. • Mark any existing AUD easements within the project limits. • Mark proposed AUD relocations of facilities in conflict with proposed GDOT design on the plans. • Verify any AUD easements currently owned or any applicable AUD easements previously requested for the GDOT to acquire on behalf of AUD to determine if they are appropriately shown on the plans. • Indicate if retention is anticipated for existing AUD underground facilities. • Submit any applicable bridge space requirements for AUD facilities. • Submit a letter or request as outlined in GDOT’s Utility Accommodation Policy and Standards Manual. • Provide applicable utility agreement package for lump sum or actual cost, contract item, and easement limited agreements. • Complete permit application submitted through the Georgia Utility Permitting System (GUPS). SCOPE OF SERVICES: The CONSULTANT proposes to provide the following Scope of services for the fees listed under “Basis of Compensation”. Kick-off Meeting and Weekly Progress Meetings A kickoff meeting and weekly progress meetings will be conducted at AUD’s office to review project status and coordinate AUD’s review and input to items as the project develops. Meetings will be held on or near the following dates: May 8, 15, 22, 30 and June 5 and 12, 2017. This will allow for weekly coordination, input and decisions to be made to shape the GDOT deliverable so that it aligns with AUD’s goals. These meetings will be 1.5 hours each and will be attended by the CONSULTANT’s Project Manager and key members of the Project Team (as needed). CONSULTANT will produce an agenda (for the upcoming meeting) and minutes (from the previous meeting), and distribute the Friday before in preparation for each upcoming meeting. Review of AUD GIS, Record and Master Plan Information CONSULTANT will gather and review AUD’s GIS records and master planning information for comparison to the GDOT Plans and AUD’s long term goals for service in the project corridor. CONSULTANT will meet with AUD Operations staff to gather information associated with condition assessment and location of facilities and easements in the project corridor. Field Review and Evaluation of GDOT Plans CONSULTANT will conduct field reviews of existing AUD utility information and compare to GDOT’s plans for accuracy. AUD will assist CONSULTANT as needed to confirm locations of existing facilities and easements, and to provide information on the condition of facilities in the project corridor. CONSULTANT may request assistance from AUD with subsurface utility exploration (SUE) services, CCTV, etc. CONSULTANT will not provide surveying or condition assessment inspections. Proposed Relocations and Existing Facilities Retention Based upon the findings from the above tasks, CONSULTANT will produce markups of the proposed utility relocations, identify utility retentions, identify easement requirements, and identify SUE services that may be needed to confirm location of AUD facilities. CONSULTANT will assist AUD with the GDOT requested submittal which will comply with GDOT’s Plans Transfer Procedures for Utility Submissions and Utility Accommodation Policy and Standards Manual. Plans, profiles and cross sections (if applicable) will be prepared and submitted by CONSULTANT using Microstation V8i. Estimate Opinion of Probable Construction Cost CONSULTANT will provide an opinion of probable cost to construct AUD facility relocations using recent AUD bid tabulation information for similar GDOT utility relocation projects. CONSULTANT will support AUD with response to GDOT’s request to provide applicable utility agreement package per GDOT’s letter dates January 18, 2017. Permit Application CONSULTANT will support AUD with response to GDOT’s request (from GDOT letter dated January 18, 2017) to provide complete permit application submitted through the GUPS. TIME OF PERFORMANCE: CONSULTANT will begin work immediately upon Notification to Proceed and work diligently to complete the Scope of Services to meet the submittal deadlines requested by Georgia Department of Transportation and approved by AUD. MISCELLANEOUS: Additional Services: AUD may request additional services from time to time. These services will be provided on an as- needed basis only when requested by AUD. Should the need arise for additional services during the course of the project; the CONSULTANT will be pleased to provide AUD with an estimated cost prior to authorization of additional services Services Not Included Upon mutual agreement, AUD may amend this Agreement so that the CONSULTANT may furnish additional services such as those listed below. Additional compensation for additional services rendered will be based on negotiated terms. • SUE services • Surveying services • Preparation of easement plats • Condition assessment and hydraulic capacity evaluations • Professional Engineering services related to additional or detailed design, permitting, bidding, and construction services ATTACHMENT B - COMPENSATION The City shall pay the CONSULTANT for services set forth in Scope of Services, Basic Services The OWNER shall pay the CONSULTANT for services set forth in the Scope of Services on a time and expense basis for a not to exceed fee amount of $125,000.00. The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed. Compensation for design services shall be invoices based on the percentage of work completed under the lump sum agreement. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. ATTACHMENT C – LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: David L. Pond, PE Bryan Odom, PE William Wingate, PE William Young, PE Walter Fletcher, PE Kevin Kopf, EI William Wheeler 23 OF 25 REVISION DATE: June 2011 CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed:  Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT’S understanding of the project limits, design objectives and CONSULTANT’S services to be provided.  Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY’s Request for Proposal.  Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final documents. Prior to submitting 30% review documents:  Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish available information on water and sewer locations however the CONSULTANT must verify to CITY’S satisfaction.  Provide CITY with information on the project site(s), including the following:  Past and present use of the land (specifically identify any landfilling activities in the area); identify any nearby designated wetlands  Soil type(s)  Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant.  Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified  Identification of potential problems in meeting design objectives.  Site Plan (If Required) Throughout project:  Prepare printed responses to comments received from the CITY following reviews.  Provide the necessary plats for easement acquisition and DOT/other permit application.  Prepare Public Works/DOT/Other permit applications for signature by the CITY. 24 OF 25 REVISION DATE: June 2011  Prepare and submit plans to EPD for review and approval when required.  Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY.  Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the submittal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design:  Coordinate with the City Procurement Department to advertise the project.  Fax bid information to CITY.  Attend the Pre-Bid Meeting as a technical reference to the CITY.  Prepare letter of recommendation for award of the contract.  Develop conformed contract documents and forward to the CITY for execution.  Attend the pre-construction meeting as a technical reference to the CITY.  Provide clarification related to the plans/specifications throughout design and construction.  Provide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version).  Provide Services During Construction as follows:  Attend project meetings as scheduled by the CITY  Recommend design changes as field conflicts arise (site visits may be required)  Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULTANT to CITY)  Provide clarification of plans and specifications throughout construction  Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other agencies. AUGUSTA UTILITIES DEPARTMENT CONSULTANT BY: BY: PRINTED NAME: PRINTED NAME: TITLE: DIRECTOR TITLE: Principal DATE: DATE: 25 OF 25 REVISION DATE: June 2006 ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. NOTE: It is the responsibility of the CONSULTANT as contracted by the CITY to provide professional surveying and engineering services. It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of their professional duties. Commission Meeting Agenda 7/18/2017 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for permanent easement – 128 Courtland Drive (Parcel 061-2-206-00-0) Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement – 128 Courtland Drive (Parcel 061-2-206-00-0).(Approved by Engineering Services Committee July 11, 2017) Background:The owner recently passed away, and therefore the City seeks to acquire the property through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 50.61 sq. ft. of permanent easement. The appraised value is $20.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828101-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for permanent easement (Parcel 061-2-206-00-0) 128 Courtland Drive BACKGROUND: The owner recently passed away, and therefore the City seeks to acquire the property through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 50.61 sq. ft. of permanent easement. The appraised value is $20.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: July 11, 2017. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828101-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: June 26, 2017 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of a permanent easement to City of Augusta, Georgia from heirs of Samuel Wright 128 Courtland Drive Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS June 27, 2017 0 50 10025 ft 0 10 205 m 1:564 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Commission Meeting Agenda 7/18/2017 2:00 PM Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-080-00-0) 199 Dan Bowles Road Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-080-00-0) 199 Dan Bowles Road. (Approved by Engineering Services Committee July 11, 2017) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,854 square feet. The appraised value is $7,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 088-3-001-00-0) 2007 Florida Road Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 088-3-001-00-0) 2007 Florida Road. (Approved by Engineering Services Committee July 11, 2017) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,500 square feet. The appraised value is $12,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Rock Creek Relief Sewer Project Department:Utilities Department:Utilities Caption:Motion to approve Award of Bid #17-207 for the Construction of the Rock Creek Relief Sewer Project to Legacy Water Group. (Approved by Engineering Services Committee July 11, 2017) Background:This project will consist of the installation of a new 20” low pressure relief sanitary sewer main that will provide increased capacity to the Rock Creek Trunk Main. The Project is needed to handle increased sanitary sewer flows resulting from commercial and residential growth within the Rock Creek Basin. Analysis:This project is extremely time sensitive, due to current construction taking place for the River Watch Apartments. Because of this, this Agenda Item is being submitted for contingent approval pending Procurement receiving required documents from the contractor. ZEL Engineers and Augusta Utilities Department have reviewed the bid submitted by Legacy Water Group and Strack, Inc. The bid for construction services was deemed to be fair and reasonable by ZEL Engineers, and they provided a recommendation letter to AUD. Financial Impact:We have reviewed the bid from Legacy Water Group and find it to be reasonable. Funding in the amount of $4,250,208.00 is available from accounts: 514043420-5425210/80800010-5425210 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Legacy Water Group in the amount of $4,250,208.00 for the Rock Creek Relief Sewer Project. Cover Memo Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043420- 5425210/80800010-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Rock Creek Relief Sewer Project Map      Lake Olmstead ZIMMERMAN, EVANS & LEOPOLD, INC. 706-724-5627 | Fax 706-724-5789 | 435 Telfair Street | Augusta, GA 30901 www.zelengineers.com June 28, 2017 Mr. Tom Wiedmeier, P.E., Director Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 Re: 0804--01 Rock Creek Relief Low Pressure Sewer System Award Recommendation Dear Mr. Wiedmeier: Two bids on this project were received on June 27, 2016. The low bidder was Legacy Water Group, LLC. The bid amount was $4,250,208.00. Legacy has just completed a very similar project for AUD at Glass Factory Ave. We recommend that Augusta accept the bid and award the project to Legacy Water Group. Please let us know if you need additional information. Very truly yours, ZIMMERMAN, EVANS AND LEOPOLD, INC. Jorge E. Jimenez, P.E. Principal JEJ:slv Enclosures: Corrected Bid Tabulation cc: Bob Leetch CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROCK CREEK RELIEF SEWER AUD PROJECT UB-2016-003 Augusta, Georgia Augusta-Richmond County Commission The Honorable Hardie Davis, Jr. Mayor Mary Davis, Mayor Pro-Tem COMMISSION William Fennoy Dennis Williams Mary Davis Sammie Sias Bill Lockett Ben Hasan Sean Frantom Wayne Guilfoyle Marion Williams Grady Smith Tom Wiedmeier Director Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia Invitation to Bid Sealed bids will be received at this office until Tuesday, June 27, 2017 @ 3:00 p.m. for furnishing: Bid Item #17-201 Rock Creek Relief Sewer for Augusta, GA - Utilities Department Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $115. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, May 18, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Bid Conference will be held on Friday, June 9, 2017 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, June 13, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. 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. A 10% Bid Bond is required to be submitted along with the bidder’s qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bid shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 18, 25, June 1, 8, 2017 Metro Courier May 24, 2017 Revised: 2/2/2016 IB-1 SECTION IB 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 pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 535 Telfair Street; Augusta, GA 30901 and to be given consideration must be received at least ten 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 facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five 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. IB-2 Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the _________________________________ ____________________________________as Principal, __________________________and as Surety, are hereby held and firmly bound unto the Augusta, Georgia Commission of Augusta, Georgia as Owner in the penal sum of___________________________________________________ ____________________________for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this ____________ day of _____________________, 20_____. The condition of the above obligation is such that whereas the Principal has submitted to the Augusta, Georgia Commission of Augusta, Georgia, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the ROCK CREEK RELIEF SEWER, AUD PROJECT UB-2016-003 for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. BB-I the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed and sealed this ______________ day of ___________________ A. D. 20___. Witness _________________________ ___________________________(Seal) (Principal) Attest __________________________ By _________________________(Seal) (Title ) Witness ________________________ ___________________________(Seal) (Surety) Attest _________________________ By ________________________ (Seal) (Title) BB-2 and its bond shall be in no way impaired or affected by any extension of the time within which The Surety, for value receive, hereby stipulates and agrees that the obligations of said Surety SECTION A AGREEMENT AGREEMENT This AGREEMENT, made on the ____ day of_______________,20____, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Legacy Water Group, LLC, party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: ROCK CREEK RELIEF SEWER AUD PROJECT UB-2016-003 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 14 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be substantially completed within 240 calendar days with all such extensions of time as are provided for in the General Conditions. Substantial completion shall be defined as sewer being in service. Final completion shall be 30 days after substantial completion. 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 Four Million, Two Hundred Fifty Thousand, Two Hundred Eight and no/100 ($4,250,208.00)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. A-1 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III – PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID FORM and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor ,including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUGUSTA, GEORGIA ATTEST: SEAL By: __________________________________ By: _________________________________ The Honorable Hardie Davis, Jr. Lena J. Bonner Mayor Clerk of the Commission Date: _________________ Date: _________________ APPROVED AS TO FORM: DEPARTMENT APPROVAL: By: _____________________________ By: ______________________________ Thomas D. Wiedmeier Attorney Director, Augusta Utilities Department Date: _________________ Date: _________________ CONTRACTOR: LEGACY WATER GROUP, LLC ATTEST: SEAL By: ________________________________ By: _______________________________ Name: Name: Title: Title: Date: _________________ Date: _________________ A-3 1 NOTICE OF AWARD DATE: CONTRACTOR: ADDRESS: City State Zip Code PROJECT: ROCK CREEK RELIEF SEWER PROJECT NO: AUD PROJECT UB-2016-003 At a meeting of the held on (Date) you were awarded the Contract for the following Project: Enclosed please find 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, Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, the day of , 20 Contractor By Title Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 1 0802-01R NTP NOTICE TO PROCEED DATE: TO: Name Attn: Address1 City, State PROJECT: ROCK CREEK RELIEF SEWER PROJECT NO: AUD PROJECT UB-2016-003 You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within 270 consecutive calendar days thereafter. The date of completion of all WORK is therefore . Very truly yours, Augusta Utilities 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: 360 Bay Street, Suite 180 Augusta, GA 30901 SECTION PB PERFORMANCE BOND (NOTE : THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That ________________________________________________ as Principal, hereinafter called Contractor, and _______________________________________________________, a corporation organized and existing under the laws of the State of _____________________,with its principal office in the City of ________________,State of ____________________, as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH 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 ROCK CREEK RELIEF SEWER, AUD PROJECT UB-2016-003 in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta-Richmond County Commission, 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) (2) Complete the CONTRACT in accordance with its terms and conditions, or 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 a succession of PB-I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor . Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this ______________ day of ___________________ A. D. 20___. Witness _____________________________________ ______________________________(Seal) (Contractor) Attest _______________________________________ By ___________________________ (Seal) (Title) Witness _____________________________________ _____________________________(Seal) (Surety) Attest _______________________________________ By ___________________________(Seal) (Title) PB-2 SECTION PB LABOR AND MATERIAL PAYMENT BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That _________________________________________________________ as Principal, hereinafter called Contractor, and ______________________________________________________, a corporation organized and existing under the laws of the State of _________________________ with its principal office in the City of ____________________, State of ________________________as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as herein below 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 ROCK CREEK RELIEF SEWER, AUD PROJECT UB-2016-003 in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond County Commission, 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: (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 PB-3 (3) claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 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 ( I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. PB-4 Signed and sealed this ______________ day of ___________________ A. D. 20___. Witness _______________________________ _______________________________(Seal) (Contractor) Attest _________________________________ By ____________________________(Seal) (Title) Witness _______________________________ _______________________________(Seal) (Surety) Attest _________________________________ By ____________________________(Seal) (Title) PB-5 CONSTRUCTION CONTRACT CHANGE ORDER CO NUMBER BID ITEM DATE PROJECT TITLE ROCK CREEK RELIEF SEWER ORIGINAL CONTRACT DATE PROJECT NUMBER AUD PROJECT UB-2016-003 OWNER AUGUSTA, GEORGIA 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 result 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 Revision Date August 2001 Page 1 of 52 GC-1 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year’s Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or Revision Date August 2001 Page 2 of 52 GC-2 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. PROGRAM MANAGER – The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared Revision Date August 2001 Page 3 of 52 GC-3 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 contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR 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. Revision Date August 2001 Page 4 of 52 GC-4 ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR’s request and at CONTRACTOR’s expense, which will be OWNER’s standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. Revision Date August 2001 Page 5 of 52 GC-5 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER , PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) 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 interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. Revision Date August 2001 Page 6 of 52 GC-6 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or Revision Date August 2001 Page 7 of 52 GC-7 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 contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. Revision Date August 2001 Page 8 of 52 GC-8 ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER’s furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR’s cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be Revision Date August 2001 Page 9 of 52 GC-9 performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER’S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER’S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the 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: Revision Date August 2001 Page 10 of 52 GC-10 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER’s own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. Revision Date August 2001 Page 11 of 52 GC-11 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to 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; Revision Date August 2001 Page 12 of 52 GC-12 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written for not less than the limits of liability and coverage’s provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Revision Date August 2001 Page 13 of 52 GC-13 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible 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 required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as 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. Revision Date August 2001 Page 14 of 52 GC-14 Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, Revision Date August 2001 Page 15 of 52 GC-15 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. Revision Date August 2001 Page 16 of 52 GC-16 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Revision Date August 2001 Page 17 of 52 GC-17 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 perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the 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. Revision Date August 2001 Page 18 of 52 GC-18 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting Revision Date August 2001 Page 19 of 52 GC-19 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are 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 performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction 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 performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. Revision Date August 2001 Page 20 of 52 GC-20 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR’s superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: Revision Date August 2001 Page 21 of 52 GC-21 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 property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional’s review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR’s stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written Revision Date August 2001 Page 22 of 52 GC-22 notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL’s approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL’s attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR’s failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) Revision Date August 2001 Page 23 of 52 GC-23 including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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. Revision Date August 2001 Page 24 of 52 GC-24 ARTICLE 7---OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. Revision Date August 2001 Page 25 of 52 GC-25 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 under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. Revision Date August 2001 Page 26 of 52 GC-26 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Revision Date August 2001 Page 27 of 52 GC-27 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. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, 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 performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more 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 Revision Date August 2001 Page 28 of 52 GC-28 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. Revision Date August 2001 Page 29 of 52 GC-29 ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive , CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. Revision Date August 2001 Page 30 of 52 GC-30 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR’s expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. Revision Date August 2001 Page 31 of 52 GC-31 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan 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 performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, Revision Date August 2001 Page 32 of 52 GC-32 machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. Revision Date August 2001 Page 33 of 52 GC-33 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, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. 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 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Revision Date August 2001 Page 34 of 52 GC-34 Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. Revision Date August 2001 Page 35 of 52 GC-35 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR’s control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR’s control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR’s sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. Revision Date August 2001 Page 36 of 52 GC-36 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR’s expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR’s expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. Revision Date August 2001 Page 37 of 52 GC-37 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR’s expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost 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 from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. Revision Date August 2001 Page 38 of 52 GC-38 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs Revision Date August 2001 Page 39 of 52 GC-39 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, OWNER may terminate the contract or CONTRACTOR’s right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the 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. Revision Date August 2001 Page 40 of 52 GC-40 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER’s interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL’s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL’s recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Revision Date August 2001 Page 41 of 52 GC-41 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 payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not 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 written objection to PROFESSIONAL as to any Revision Date August 2001 Page 42 of 52 GC-42 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER’s option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Revision Date August 2001 Page 43 of 52 GC-43 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 Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- 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 equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER’s property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. Revision Date August 2001 Page 44 of 52 GC-44 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR’s surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR’s failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL’s observation of the Work during construction and final inspection and PROFESSIONAL’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL’s recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL’s recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an Revision Date August 2001 Page 45 of 52 GC-45 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 other than those previously made in writing and still unsettled. Revision Date August 2001 Page 46 of 52 GC-46 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of any one or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude Revision Date August 2001 Page 47 of 52 GC-47 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 Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than Revision Date August 2001 Page 48 of 52 GC-48 ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days’ written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days’ written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. Revision Date August 2001 Page 49 of 52 GC-49 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR 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 with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. Revision Date August 2001 Page 50 of 52 GC-50 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. Revision Date August 2001 Page 51 of 52 GC-51 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 (800.241.4113) and the Augusta Emergency Management Agency if Revision Date August 2001 Page 52 of 52 GC-52 appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER’s personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER’s personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER’s personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER’s own personnel. The presence of PROGRAM MANAGER’s personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor’s failure to perform work in accordance with the construction documents. 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 SC‐1  SECTION SC-0 INDEX TO SUPPLEMENTARY CONDITIONS SECTION SC-0l Scope of the Work SC-02 List of Drawings SC-03 Bonds SC-04 Contractor's Liability Insurance SC-05 Project Sign SC-06 Protection of the Environment SC-07 Temporary Toilets SC-08 Plans and Specifications Furnished SC-09 Record Drawings SC-10 Shop Drawings SC-11 Existing Structures SC-12 Salvage Material SC-13 Referenced Specifications SC-14 Traffic Control SC-15 Surveys SC-16 Construction Order and Schedule SC-17 Consulting Engineers SC-18 Inspection and Testing of Work SC-19 Site Access SC-20 Tree Save SC-21 Georgia Prompt Pay Act SC-22 City Acceptance SC-23 Disputes SC-24 Specified Materials SC-25 Interest Not Earned on Retainage SC-26 Basis of Payment SC-27 Compliance with Laws, Codes, Regulations, Etc. SC-28 Equivalent Materials SC-29 After Hours Inspection SC-30 Supplement to the Agreement SC‐2  SECTION SC SUPPLEMENTARY CONDITIONS -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist of the following major elements or portion thereof as outlined in this contract. The construction and installation of 20” Forcemain by Direct Bury. The construction of concrete structures including a discharge box, meter box, pump station and channel monster box. -02. LIST OF DRAWINGS: The following drawings, prepared by Zimmerman, Evans and Leopold, Inc. comprise the plans for the project. See Special Conditions included in this contract. -03. BONDS: The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. -04. CONTRACTOR’S LIABILITY INSURANCE: 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 (any auto) Each Occurrence $ 5,000,000 Workers Compensation Statutory Limits Employer Liability $ 1,000,000 -05. PROJECT SIGN: The Contractor will provide and install one (1) project sign at prominent location on the construction site as directed by the Engineer. The sign will carry in a prominent manner the name of the project, the Owner, and the name of the Contractor and the Engineer and a 24-hour phone number for the Contractor in 4-inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 7-feet above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project sign in the Total Base Bid. SC‐3  -06. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the 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 from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -07. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. -08. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. -09. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day’s work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as-built drawings are to be prepared and submitted by the contractor to the engineer. As-built drawings shall include tap locations and manholes located to a minimum of two separate surface features. -10. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (14) days of the receipt by the Engineer thereof. -11. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the SC‐4  Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. -12. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. -13. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. -14. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Sheriff Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. -15. SURVEYS: The Engineer has established base lines for locating the principal component parts of the work, together with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. -16. CONSTRUCTION ORDER AND SCHEDULE: A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: (1) Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. (2) A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. C. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. SC‐5  D. Progress Schedule Requirements (1) Bar Chart Schedule: Prepare on maximum 11 inch by 17 inch sheet size for each separate stage of Work as specified and shown, to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including, but not limited to, subcontract work, major equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section number. (b) Identify: (i) horizontal time frame by year, month, and week, (ii) duration, early- start, and completion of each activity and sub-activity and (iii) critical activities and Project float. (c) Provide sub-schedules to further define critical portions of the work. (d) Monthly schedule submissions: show overall percent complete, projected and actual, and completion progress by listed activity and sub-activity. (e) Identify the critical path on the schedule. (2) General: (a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows, review times, contract times and milestones set forth in the Agreement, and shall begin with the date of Notice to Proceed and conclude with the date of Final Completion. (b) The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in execution and timely completion of work. (c) Base schedule on standard 5-day work week. (d) When bar chart or network analysis schedules are specified, use Primavera Project Planner, latest version, SureTrak latest version or a compatible and approved software. (e) Adjust or confirm schedules on a monthly basis as follows: Contractor shall submit to Engineer for acceptance proposed adjustments in the progress schedule that will not change the contract times (or milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times (or milestones) may only be made by Change Order. Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float-suppression techniques shall be shared to proportionate benefits to Owner and Contractor. Pursuant to above float-sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts project's critical path, (ii) extends work beyond contract completion date. SC‐6  -17. CONSULTING ENGINEERS: The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer, Zimmerman, Evans and Leopold, Inc. is authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director. Nevertheless the Director of Utilities remains the final authority hereunder and is the "Engineer" as used throughout the Contract Documents. The presence or duties of Consulting Engineer’s personnel at the construction site, whether as onsite representatives or otherwise, do not make personnel in any way responsible for those duties that belong to Owner and/or the Contractor or other entities, and do not relieve the Contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. The Consulting Engineer’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 Consulting Engineer’s own personnel. The presence of the Consulting Engineer's personnel at the construction site is for the purpose of providing to Owner a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). Consulting Engineer 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 or materials incorporated into the construction work. -18. 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 incompetency, 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 SC‐7  for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract 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. The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. -19. SITE ACCESS: In order to minimize damage to existing paving and landscaping, access to the site for the contractor’s personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be required to use on those routes unless written approval is given by the owner. -20. TREE SAVE: Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked, the Contractor shall take every precaution, including tree protection fence, to save these trees. -21. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. -22. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. SC‐8  -23. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. -24. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified will be allowed. Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -25. INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. -26. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and in the “General Conditions”, payment will be made based on the per cent complete per the contractor’s breakdown. -27. COMPLIANCE WITH LAWS, CODES, REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto", and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act"), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. SC‐9  The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. 3. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. -28. EQUIVALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -29. AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right-of-way Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta-Richmond County Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of Augusta-Richmond County are needed to work outside normal business hours, Augusta-Richmond County needs to be notified in advance. -30. SUPPLEMENT TO THE AGREEMENT a) Defective pricing To the extent that the pricing provided by CONTRACTOR is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. b) Specified excuses for delay or non-performance SC‐10  CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. c) Termination of the contract for default Failure of the CONTRACTOR, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. d) Prohibition against contingent fees There shall be no contingent fees allowed under this contract. e) An acknowledgement by all parties contracting with Augusta, Georgia as follows: “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. f) Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. g) Federal Work Authorization Program All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of SC‐11  Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. h) Owner Inspections All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. i) Local Small Business: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-1 INDEX SC - 1 CONTRACT DOCUMENTS AND DRAWINGS SC - 2 ENGINEER FOR THE PROJECT SC - 3 OMITTED SC - 4 BOUNDARIES OF WORK AND STAGING AREAS SC - 5 EXISTING STRUCTURES AND UTILITIES SC - 6 NO OVERFLOWS SC - 7 UTILITIES SC - 8 TEMPORARY SANITARY FACILITIES SC - 9 SURVEYS AND PERMITS SC - 10 DIMENSIONS SC – 11 EROSION AND SEDIMENT CONTROL SC – 12 SAFETY AND HEALTH REGULATIONS SC – 13 SITE CONTAMINATION AND CHEMICALS SC – 14 STORAGE OF MATERIAL SC – 15 TRAFFIC SAFETY SC – 16 CLEANING UP SC – 17 SUBSTITUTION OF MATERIALS SC – 18 RESTORATION OF PROPERTY SC - 19 INTERRUPTION OF PLANT OPERATIONS SC – 20 MANUFACTURER’S DIRECTIONS SC – 21 INSURANCE LIMITS SC – 22 SUBSURFACE CONDITIONS SC – 23 REQUIREMENTS FOR AS-BUILT INFORMATION ON THE DRAWINGS SC – 24 CONTRACTOR’S RESPONSIBILITY SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-2 SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Special Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. Drawings: The Engineer will furnish to the Contractor, free of charge, all copies of the drawings and specifications reasonably necessary for the execution of the work. Location of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated June 2014, comprise the plans for this contract. DRAWING NO. TITLE COVER SHEET LOCATION MAP, DRAWING LIST, KEY PLAN AND GENERAL NOTES 1 STA 0+00 TO STA 12+00 2 STA 12+00 TO STA 24+00 3 STA 24+00 TO STA 36+00 4 STA 36+00 TO STA 48+00 5 STA 48+00 TO STA 60+00 6 STA 60+00 TO STA 72+00 7 STA 72+00 TO STA 84+00 8 STA 84+00 TO STA 96+00 9 STA 96+00 TO STA 107+77 10 NOT IN CONTRACT 11 NOT IN CONTRACT 12 DETAILS – 1 13 DETAILS – 2 14 DETAILS AND SECTIONS 15 WETWELL AND VALVE BOX PLANS AND SECTIONS 16 WETWELL SECTIONS AND ADDITIONAL DETAILS 17 STANDARD STRUCTURAL DETAILS 18 WETWELL STRUCTURAL PLAN AND SECTIONS 19 ELECTRICAL SITE PLAN 1, NOTES, FIXTURE SCHEDULE AND LEGEND 20A ELECTRICAL SITE PLAN 2, DETAILS AND SCHEDULE 20B PCP – POWER DIAGRAM 21 SOIL EROSION AND SEDIMENT CONTROL NOTES 22 SOIL EROSION AND SEDIMENT CONTROL DETAILS 23 SOIL EROSION AND SEDIMENT CONTROL SOILS AND VICINITY MAP SC – 2 ENGINEER FOR THE PROJECT: The ENGINEER for this project, referenced in the General Conditions as the PROFESSIONAL, is Zimmerman, Evans and Leopold, Inc., 435 Telfair Street, Augusta, GA 30901. The Owner’s representative on the site will be the Resident Project Representative (RPR). SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-3 The RPR will:  Provide engineering liaison with the contractor working principally through the Contractor’s superintendent to assist in understanding the intent of the contract documents.  Provide assistance to the contractor with obtaining additional details and information.  Coordinate with on site personnel who are operating the owner’s facilities.  Verify tests, equipment and systems startup.  Provide the initial review of the contractor’s payment requests  Make recommendations for the ENGINEER’s review. The RPR will not:  Authorize deviations from the Contract Documents or substitution of materials or equipment, unless authorized by the ENGINEER.  Exceed the limitations of ENGINEER’s authority.  Undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR’s superintendent.  Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents.  Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work.  Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR.  Authorize the OWNER to occupy the Project in whole or in part. SC – 3 OMITTED: SC - 4 BOUNDARIES OF WORK AND STAGING AREAS: The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or construction easements without written consent of the Owner of such property. Other areas on site and proximate to the work may be utilized through coordination with the Resident Project Representative and the approval of the Engineer. SC - 5 EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field determinations. The Owner's project inspector must be notified before any work begins in the vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-4 utilities or improvements shall be restored to the original or better condition in which they were discovered. SC – 6 NO OVERFLOWS: During the performance of his work, the Contractor shall not cause any raw nor partially treated sewage to be discharged to any ditches, channels, land or other point. The work can be performed without the need for any unauthorized discharge. One possible sequence of construction is provided in these supplementary conditions to demonstrate the project can be constructed without by-passes or discharges. Should the Contractor cause such a discharge that results in fines or other penalties assessed against the Owner by a regulatory agency, the Contractor agrees to reimburse the Owner the costs or have the Owner retain the costs from the payments due the Contractor for the performance of the work. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available from hydrants. The Contractor shall make provisions for telephone service with the phone company. Limited electric power for construction operations is available at the existing buildings on site. Any additional power requirements shall be provided by the Contractor by arrangement with Georgia Power Company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations as necessary. SC - 8 TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. SC - 9 SURVEYS AND PERMITS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Article 10, CHANGES IN THE WORK. SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-5 SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility therefor. SC - 11 EROSION AND SEDIMENT CONTROL: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the 2016 Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall provide a construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problems and who shall have full (24 hr.) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. SC - 12 SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-6 All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. SC - 15 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all. SC - 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. SC - 17 SUBSTITUTION OF MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution 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 - 18 RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. SC - 19 DISTURBANCE OF EXISTING SYSTEM OPERATION: a. General: Operation of the existing sewer system with a minimum of interruption from the construction operations is VITAL. The Contractor shall carefully plan his work to least interfere with operation of existing facilities. The Owner and Engineer shall be contacted by the Contractor so that interruptions or disturbance of the existing system may be scheduled and coordinated not less than 36 hours in advance of the work. SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-7 SC - 20 MANUFACTURER'S DIRECTIONS: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. SC – 21 INSURANCE LIMITS: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth in Article 5 of the General Conditions which may arise out of or result from the CONTRACTOR’s execution of the WORK, whether such execution be by himself or by any SUBCONTRACTOR or by anyone for whose acts any of them may be liable: The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified; CONTRACTOR’s General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof. This provision shall in no way release the CONTRACTOR or CONTRACTOR’S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the law of the state in which the work is performed: Workmen’s Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen’s Compensation Insurance, including occupational disease provisions for all the latter’s employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen’s Compensation statute, the CONTRACTOR shall provide and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. The CONTRACTOR shall secure, “All Risk” type Builder’s Risk Insurance for WORK to be performed and all materials to be used in the construction including the full replacement value of all the Owner furnished equipment. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID plus the replacement value of the Owner furnished equipment. The policy shall cover not less than the losses due to SECTION SC SPECIAL CONDITIONS 0802-01R SC SC-8 fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. SC - 22 SUBSURFACE CONDITIONS: Soil boring information is not available for the site. SC – 23 REQUIREMENT FOR AS-BUILT PIPELINE TO BE FIELD LOCATED: The 20” pipeline is nonferrous, it is required by this Contract that the Contractor provide field location of the top of the pipeline at each 100 ft of pipe. The field location must be measured by standard surveying methods by a qualified Professional Land Surveyor. The location of the top of the pipeline will be determined on X, Y and Z common axis using State Plane Coordinates and the work product must be of a 3 dimensional line representing the location of the top of the pipeline in digital form using AutoCAD or other common computer software as required by Augusta, GA’s GIS methodology. The Contractor shall provide five copies of the data on Compact Disk form. SC – 24 CONTRACTOR’S RESPONSIBILITY: Contractor shall submit all subcontractor’s qualifications for approval. Contractor must use “EJCDC C-620 Contractor’s Application for Payment” unless approved by Engineer. SC-25 ROAD CLEANING: On a daily basis, roads shall be cleaned by the Contractor to prevent tracking or movement of sediment to storm runoff areas. SC-26 BORE PITS: All open bore pits shall be secured and taped off using Safety Caution highly visible tape to prevent any hazard conditions from occurring. SC-27 UTILITY EASEMENTS: The Contractor is not to encroach on private property unless it has secured written permission from the property owner allowing him to occupy the property owner’s land. Private property where the owner has secured easements for the construction are shown on drawings attached to these documents. See attached utility easements at the end of this section. SC-29 GEORGIA POWER LICENSE AGREEMENT: See attached agreement at the end of this section. SC – 29 CSX ENCROACHMENT AGREEMENT – SEWER: See attached agreement at the end of this section. SC – 30 CSX ENCROACHMENT AGREEMENT – WATER: See attached agreement at the end of this section. SECTION TS-0 INDEX TO TECHNICAL SPECIFICATIONS SECTION TS-01 Technical Specification #1 – Site Work TS-02 Technical Specification #2 – Excavation, Filling and Backfilling TS-03 Technical Specification #3 – Concrete TS–05 Technical Specification #5 – Structural Steel and Miscellaneous Metal TS-06C Technical Specification #6C – Water Lines TS-06G Technical Specification #6G – Force Main TS-06I Technical Specification #6I – Underground Crossings of Highways and RR’s TS-07 Technical Specification #7– Valves and Hydrants TS-7D Technical Specification #7D – Control Valves TS-14E Technical Specification #14E – Submersible Pump TS-16 Technical Specification #16 – Electrical TS-17 Technical Specification #17 – Instrumentation and Control Equipment TS-19 Technical Specification #19 – Grassing TS-27 Technical Specification #27 - Fencing TS-28 Technical Specification #28 – Measurement and Payment AUD MEASUREMENT & PAYMENT 2017 1 OF 13 AUGUSTA UTILITIES DEPARTMENT MEASUREMENT AND PAYMENT WATER MAIN ITEMS W-1(A-Z) - All piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, normal joints and gaskets, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W-2(A-Z) - All piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, restrained joints and gaskets, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-3(A-Z) - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, field lok gasket carrier piping, and installation. Shall also include costs for bore pit excavation, trench protection, dewatering, bedding material, asphalt cutting, end seals, casing spacers, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 2 OF 13 ITEM W-4 (A-Z) – Miscellaneous pipe fittings shall be measured individually (each) and include costs for the complete fitting and installation including polywrap and mechanical joint restraint, regardless of material. Miscellaneous Pipe Fittings shall either be Mechanical Joint Fittings unless otherwise specified on the plans or contract documents. All mechanical joint fittings shall be installed using approved restraining glands, no separate payment will be made for these restraining glands. Approved adapters shall be used where necessary to provide a transition between pipes and/or fittings of differing outside diameters. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. Thrust blocking shall only be utilized, in addition to restraining glands, if specified on plans, when tying-into existing non-restrained pipe, or when approved by AUD Construction Inspector, and will be paid for under pay M- 2. ITEM W-5 – Fire hydrants shall be measured individually (each) and shall include costs for hydrants, fire hydrant riser, restrained ductile iron lead pipe, polywrap, valve, valve box, fittings associated with connecting to water main, connection to water main, stone drain bed, soil surface preparation excavation, asphalt/concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W-6 (A–Z) - All vertical gate valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap, hand wheel where specified, valve boxes/vaults, manholes, concrete collar, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W-7 (A–Z) - All horizontal gate valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap, hand wheel where specified, valve boxes/vaults, manholes, concrete collar, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W-8 (A–Z) - All butterfly valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap hand wheel where specified, valve boxes/vaults, manholes, concrete collar, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 3 OF 13 ITEMS W-9 (A–Z) - All combination air valve, dual air valve, and air and vacuum valve line items shall be measured individually (each) and shall include costs for the specified air valve, brass fittings, copper tubing, PVC fittings, PVC schedule 80 pipe, painted air release pipe with cap, bollards, pipeline marker, manhole, concrete collar, excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-10 - Tapping sleeve and valves shall be measured as shown on bid schedule and shall include costs for tapping sleeve, tapping valve, associated hardware, polywrap, valve boxes, concrete collar, temporary plugging/draining of pipeline, excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-11 – Check valves, Actuator valves, and Pressure Reducing Valves shall be measured individually (each) and shall include costs for valves, valve boxes/vaults, manholes, concrete collars, excavation, dewatering, asphalt/concrete cutting, all associated pipe and fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-12 - All cut-in gate valves shall be measured individually (each) and shall include costs for full body ductile iron valves, valve boxes/vaults, concrete collar, manholes, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-13 (A-Z) – Long side water service connections shall be measured individually (each) and shall include costs for piping, all associated fittings, water meter connection, relocating water meter if necessary, dewatering, asphalt/concrete cutting (including service markings), installation: open cut and/or by torpedo, normal backfill, grassing, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-14 (A-Z) – Short side water service connections shall be measured individually (each) and shall include costs for piping, all associated fittings, water meter connection, relocating water meter if necessary, dewatering, asphalt/concrete cutting (including service markings), installation: open cut and/or by torpedo, normal backfill, grassing, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 4 OF 13 ITEM W-15 - Polyethylene pipe wrap shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be 8.0 mils in thickness. No additional payment shall be made for these items. ITEM W-16 – Tie-ins to existing lines shall be measured individually (each) and shall include costs for cutting, removal of any needed existing pipe, concrete anchor block with stainless steel rods to the existing line, and abandoning the existing line. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-17 – Miscellaneous concrete shall be measured in cubic yards and shall include costs for 3,000 psi concrete, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-18 – Abandon valve shall be measured individually (each) and shall include costs for closing valve, removing valve riser, removing valve collar, removing valve lid, filling with flowable fill or dirt, situational specific. No additional payment shall be made for these items. ITEM W-19 – Adjust valve box to grade shall be measured individually (each) and shall include costs for adjusting the height of the riser and the lid, remove and replacing the concrete collar. No additional payment shall be made for these items. ITEM W-20 – Adjust water meter to grade shall be measured individually (each) and should only include costs for fill dirt, dirt removal, grassing, and property restoration. No additional pay item shall be made for this item. SANITARY SEWER ITEMS S-1 (A-Z) - All gravity sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, trench excavation, trench protection, dewatering, 57 stone, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, and mandrel pulling. CCTV camera inspection will be performed by the Augusta Utilities Department. Lines will not be approved or accepted until the Augusta Utilities Department’s Project Manager approves all testing results. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS S-2 (A-Z) - All HDPE force main sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, welded joints, fused joints, normal backfill, pressure testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 5 OF 13 ITEMS S-3 (A-Z) - All force main sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, trench excavation, trench protection, dewatering, bedding material , asphalt cutting, restrained joints and gaskets, , normal backfill, pressure testing. Ductile Iron Pipe shall be Ceramic Epoxy Lined. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-4 (A-Z) - Jack and Bore line items shall be measured in linear feet and shall include costs for casing piping, field lok gasket carrier piping, and installation. Shall also include costs for bore pit excavation, trench protection, dewatering, asphalt cutting, end seals, casing spacers, normal backfill, infiltration and exfiltration testing, and mandrel pulling. CCTV camera inspection will be performed by the Augusta Utilities Department. Lines will not be approved or accepted until the Augusta Utilities Department’s Project Manager approves all testing results. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-5 (A-Z) - Miscellaneous pipe fittings shall be measured individually (each) and include costs for all sewer fittings and installation including polywrap and mechanical joint restraint, regardless of material. Miscellaneous Pipe Fittings shall either be Mechanical Joint Fittings and/or Flanged Fitting unless otherwise specified on the plans or contract documents. All mechanical joint fittings shall be installed using approved restraining glands, no separate payment will be made for these restraining glands. Approved adapters shall be used where necessary to provide a transition between pipes and/or fittings of differing outside diameters and materials. Ductile Iron Pipe shall be Ceramic Epoxy Lined. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. Thrust blocking shall only be utilized, in addition to restraining glands, if specified on plans, when tying-into existing non- restrained pipe, or when approved by AUD Construction Inspector, and will be paid for under pay Item M-2. ITEMS S-6 (A-Z) – Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, ring and cover as specified on the plans, risers, concrete collar, excavation, 57 stone, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor’s expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS S-7 (A-Z) - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 6 OF 13 ITEMS S-8 (A-Z) – Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEMS S-9 (A-Z) – Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM S-10 – Outside drop piping shall be measured individually (each) and shall include the costs for all piping, fittings, joint restraints, brick dam, and 57 stone. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-11 – Dog house/connector manholes shall be measured individually (each) and shall include the costs for excavation, 57 stone, dewatering, asphalt cutting, pipe cutting and removal, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. The costs for the manhole, ring and cover as specified on the plans, risers, and concrete collar shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor’s expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-12 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, rubber boots, any required gaskets, pipe where applicable, concrete collar, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-13A - Sanitary sewer service long side connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, concrete collar or precast concrete valve ring, PVC twist-off plug, mainline wye, 6” wye, cleanout, plug, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, and property restoration. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 7 OF 13 ITEM S-13B - Sanitary sewer service short side connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, concrete collar or precast concrete valve ring, PVC twist-off plug, mainline wye, 6” wye, cleanout, plug, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, and property restoration. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-14 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, reinforcing steel when specified or detailed, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM S-15 – Water main crossings shall be measured individually (each) and shall include costs for pipe cutting, excavation, ductile iron water piping, connection sleeves, normal backfill, and property restoration. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-16 – Polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be 8.0 mils in thickness. No additional payment shall be made for these items. ITEM S-17 - Cut and plug sewers shall be measured in cubic yards and shall include costs for cutting of existing pipelines, plugging of existing pipelines with flowable fill, excavation, dewatering, asphalt/concrete cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-18 – Abandon manhole shall be measured individually (each) and shall include costs for removing the cone, filling the trough with flowable fill, and filling the remainder of the manhole with select fill or flowable fill, situation specific. No additional payment shall be made for these items. ITEM S-19 – Adjust manhole to grade shall be measured individually (each) and shall include costs for adjusting the height of the riser, manhole ring and cover, remove and replacing the concrete collar. No additional payment shall be made for these items. ITEM S-20 – Miscellaneous concrete shall be measured in cubic yards and shall include costs for 3,000 psi concrete, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 8 OF 13 ITEM S-24 – AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEMS S-30 through S-32 – Concrete boxes shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation, dewatering, collars and boots, grouting and/or other connections, installation, normal backfill, and labor, mobilization, demobilization, and reporting. No additional payment shall be made for these items. ITEM S-33 – Concrete Wetwell shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation, dewatering, collars and boots, grouting and/or other connections, installation, normal backfill, and labor, mobilization, demobilization, and reporting. No additional payment shall be made for these items. ITEM S-34 – Air Release Valve & Pre-cast manhole shall be measured individually (each) and shall include costs for manhole with frame and cover and valve, excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor’s expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEM S-35– Remove and replace sanitary sewer pipe shall be measured as shown in bid schedule and shall include removal and replacement with new pipe with cleanout including costs for excavation, dewatering and/or other connections, installation, normal backfill, and labor, mobilization, demobilization, and reporting. No additional payment shall be made for these items. ITEM S-36 – Steel Casing shall be measured in linear feet and shall include steel casing only installed including costs for excavation, dewatering and labor. No additional payment shall be made for these items. ITEMS S-37 – Wet Crossings shall be measured in linear feet and shall include, if using the Jack and Bore Method, all items shown in Item S-4. IF using Directional Drill Method, payment shall include casing pipe, carrier pipe, and seals and installation. No additional payment shall be made for these items. Method of installation does not have to be stipulated by Contractor in bid. ITEM S-38 – Brick Valve Vault shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation, dewatering, collars and boots, grouting and/or other connections, installation, normal backfill, and labor, mobilization, demobilization, and reporting. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 9 OF 13 ITEM S-39 - Concrete boxes shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation, dewatering, collars and boots, grouting and/or other connections, installation, normal backfill, and labor, mobilization, demobilization, and reporting. No additional payment shall be made for these items. PAVEMENT STRUCTURES ITEM P-1 - Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials, tack coat, and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-2 - Aggregate base (10 ½” thick) and asphalt patch (2 ½” thick) shall be measured in square yards and shall include costs for existing pavement removal and disposal, all aggregates (regardless of type), 2 ½” graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-3 – Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P-5 - Concrete sidewalk shall be measured in square yards and shall include costs for existing sidewalk removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS P-6 - Concrete driveways shall be measured in square yards and shall include costs for existing driveways removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 10 OF 13 ITEM P-7 – Asphalt driveway replacement shall be measured in square yards and shall include costs for existing asphalt removal and disposal, asphalt, tack coat, installation, site preparation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-8 - Curb and/or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-9 - Curb and/or gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and/or gutter, concrete, installation, site preparation, formwork, and finishing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-10 – Raised edge asphalt curb removal/replacement shall be measured in square yards and shall include costs for removal and disposal of existing asphalt curb, site preparation, tack coat, asphalt, and installation. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-11A – Concrete cap (8” thick) and asphalt patch (2” thick after compaction) shall be measured in square yards and shall include costs for all concrete, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of six (6) feet outside diameter of pipe for payment purposes. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P-11B - Concrete cap (8” thick) and asphalt patch (2” thick after compaction) shall be measured in square yards and shall include costs for all concrete, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of eight (8) feet outside diameter of pipe for payment purposes. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. MISCELLANEOUS ITEM M-1 - Flowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 11 OF 13 ITEM M-2 – Class A concrete shall be measured in cubic yards and shall include costs for excavation, labor, equipment, formwork, and concrete material placement. 3000-psi compressive strength shall be used. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM M-3 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M-4 - Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation, stockpiling, removal and disposal charges. The volume of material included shall be the actual measured “in-place” volume. The maximum trench width used to calculate the volume will be 7 feet. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM M-5 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-6 (A-Z) – Fence and/or Wall removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence and/or wall with new materials of like quality as necessary for water line installation. No additional payment shall be made for these items. ITEM M-7 - Fiber Optic Cable shall be measured in linear feet and shall include costs for conduit and installation, locating tape, trench excavation, trench protection, dewatering, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEMS M-8 (A-Z) – Concrete Pier and slab for Aerial Crossing shall be measured individually (each) and shall include Class A Concrete and straps including costs for excavation, labor, equipment, and concrete material placement. No additional payment shall be made for these items. ITEM M-9 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-10 – Borrow Material shall be measured in square yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-11 – Rip-Rap shall be measured in cubic yards and shall include costs for the placement and installation as well as all transportation and stockpiling charges. No additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 12 OF 13 ITEM M-12 – Aggregate base shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-13 – Fence shall be measured in linear feet and shall include all costs associated with the installations of fence with new materials. No additional payment shall be made for these items. ITEM M-14 – Double Gate shall be measured individually (each) and shall include all costs associated with the installations of gate with new materials. No additional payment shall be made for these items. ITEM M-15 – Bridge supports shall be measured as a lump sum item and shall include all costs associated with the installations of supports including labor and equipment, steel supports, straps and bolts. This item shall be paid lump sum and no additional payment shall be made for this item. ELECTRICAL ITEM E-1 – Electrical for Site Plan 1 shall include items shown in detail. This item shall include the electrical rack, panel, conduit, wiring, service pole and grounding installed with power and operational as shown on the plans. This item shall be paid lump sum and no additional payment shall be made for this item. ITEM E-2 – Electrical for Site Plan 2 shall include items shown in detail. This item shall include the shelter, electrical rack, panel and VFD, transmitters and LCP, lighting, poles, conduit, wiring, service pole and grounding installed with power and operational as shown on the plans. This item shall be paid lump sum and no additional payment shall be made for this item. ITEM E-3 – Instrumentation programming and checkout shall include all labor and equipment and transportation necessary for the programming and checkout of the LCP and RTU and all related appurtenances for a complete and operational system. This item shall be paid lump sum and no additional payment shall be made for this item. LUMP SUM CONSTRUCTION ITEM LS- 1- Mobilization, Demobilization includes, but is not limited to, performance of preparatory work and operations for the assembling and setting up necessary for work on the Project, such as shops, plants, storage areas, sanitary facilities, moving in of personnel and equipment, incidentals to the Project, and any other facilities, as required by the Specifications and special requirements of the Contract Documents, as well as by Laws and Regulations in effect at the Site. Partial payments will be made with 50 percent payable with the first pay application and the remaining 50 percent payable with the final pay application. No separate or additional payment shall be made for these items. AUD MEASUREMENT & PAYMENT REVISED 2017 13 OF 13 ITEM LS- 2- Bonds, Insurance includes all costs associated with obtaining any bonds or insurance required to perform the work in accordance with the plans and specifications and as required by local and state law. Partial Payments shall be made base on the percentage complete on the current pay application excluding payments made for mobilization (LS-1), bonds, insurance (LS-2), and temporary erosion and sediment control (LS-3). No separate or additional payment shall be made for these items. ITEM LS- 3- Temporary Erosion and Sediment Control includes, but is not limited to, the installation, maintenance, and removal of all temporary erosion and sediment control measures as required by the engineer, local and state law, and in accordance with plans and specifications during construction to ensure no sediment leaves the construction site until a time at which final stabilization is approved by the local issuing authority and/or the state. Partial Payments shall be made base on the percentage complete on the current pay application excluding payments made for mobilization (LS-1), bonds, insurance (LS-2), and temporary erosion and sediment control (LS-3). No separate or additional payment shall be made for these items. ITEM LS- 4- Traffic Control includes, but is not limited to, all flaggers, labor, materials, equipment, and all other items necessary and incidental to completion of the work as required by all local and state laws and permits and in accordance with plans and specifications. Progress payments will be made based upon the percentage of estimated total time that traffic control will be required unless otherwise specified. No separate or additional payment shall be made for these items. ITEM LS- 5- Permanent Grassing includes, but is not limited to, all labor, materials and maintenance required to establish permanent grassing on all disturbed areas in accordance with plans and specifications. Payment will not be made for this item until such a time that the Notice of Termination (NOT) has been filed and the grass is established to the satisfaction of the local issuing authority and/or the state. No separate or additional payment shall be made for these items. ITEM LS- 6- As-built GPS Survey (X,Y,Z) includes all labor and materials required to prepare As-built GPS Survey Drawings in accordance with plans and specifications and to the satisfaction of the engineer. No Partial Payment will be made. Full Payment will only be made after as-built drawings are complete and approved. No separate or additional payment shall be made for these items. ITEM LS-7 – Allowance to be used only at the approval of the Owner. SECTION TS1 SITE WORK 0802-01R TS-01 Site Work TS1-1 SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. GENERAL: Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be safeguarded and protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits have otherwise been obtained. See Special Conditions, Paragraph SC-9 for field layout, staking, and grade setting requirements. Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation or rock excavation. CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for removal together with the down timber, snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface. Trees and stumps in areas to be covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live branches to such heights and in such manner as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts more than 1-1/2 inches in diameter thus made shall be painted with an approved tree wound paint. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other debris not suitable for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish grade in areas to be grassed. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and SECTION TS1 SITE WORK 0802-01R TS-01 Site Work TS1-2 compacted to make the surface conform to the surrounding ground surface. Grubbing will not be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Removal of Debris: All timber, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be removed from the site and properly disposed of by the Contractor. MATERIALS: Borrow Material shall be selected to meet the requirements and conditions of the particular installation for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with sand. Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter. Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or paving, and if it cannot immediately be placed in its final location, it shall be stored for later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed when the soil is so wet that the tilth of the soil will be destroyed. Embankment: This item consists of placing in fills and embankments for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified herein and in accordance with the appropriate lines, grades, sections, contours and dimensions. Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a 2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed stone with 65 percent passing a No. 4 U. S. Standard Sieve. CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed SECTION TS1 SITE WORK 0802-01R TS-01 Site Work TS1-3 promptly. Excavated materials shall not be stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the excavation. Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing, shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no additional expense to the Owner. Site Grading: Site grading shall consist of excavating and placing all necessary materials outside the limits of the various structures. Site grading shall be completed when all surfaces are aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all excavation, filling and compacting required for construction of all ditches, roads, and all other areas disturbed by construction except as otherwise specified. Site grading also shall include excavation and backfill for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than 0.10 foot above or below the established grade. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at the surface. After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient width for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and recompacted around structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the tampers. Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil. Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site grading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation shall be backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or below the appropriate elevations. SECTION TS1 SITE WORK 0802-01R TS-01 Site Work TS1-4 Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to be performed during the progress of the work, or at the completion of any individual unit of the work, or at the time of final inspection of the entire project. Random spot checks of elevation and slopes shall be conducted by ordinary differential level and profile methods. Random spot checks of topsoil thickness shall be conducted by cutting through the surface with a spade or mattock, and measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or subgrade may be measured according to the procedures of ASTM D698. GRASSING: Areas of road shoulders and other property disturbed by construction operations shall be grassed in accordance with the GRASSING section of the specifications. Areas to be grassed shall be planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch sufficient to produce a cover suitable to eliminate significant erosion. MAINTENANCE: Inspection of site work as it is completed shall not constitute final acceptance of the item. The Contractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. PAYMENT: Payment for clearing, grubbing, site grading, sediment containment, and erosion control shall be included in the unit price for water lines, lump sum price and other unit price or lump sum prices as appropriate. Payment for borrow material shall include all costs of the material, hauling, placement, and compaction, complete, in place; payment shall be based on quantities of materials in place determined by differential measurements made in the presence of the Engineer's Representative, before and after placement. SECTION TS1 SITE WORK 0802-01R TS-01 Site Work TS1-5 No other separate payment will be made for the work covered by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the Bid. SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. CLASSIFICATION OF EXCAVATION: Common Excavation shall comprise the satisfactory removal and disposition of all materials not classified as rock excavation and shall include all earth, clay, silt, sand, gravel, hardpan, loose shale and loose stone masses which can be removed without systematic drilling and blasting, and boulders measuring less than one-third cubic yard in volume. Rock Excavation shall comprise and include the satisfactory removal and disposition of the following: (1) All boulders measuring one-third cubic yard or more in volume; (2) all rock material in ledges, bedded deposits and unstratified masses, which cannot be removed without systematic drilling and blasting; (3) concrete or masonry structures; and (4) conglomerate deposits which are so firmly cemented that they possess the characteristics of solid rock and which cannot be removed without systematic drilling and blasting. EXCAVATION: General: The excavation shall conform to dimensions and elevations appropriate for the pipe line or structure. Excavation shall not be carried below the elevation necessary for construction. Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trench above the pipe may be as wide as necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA. The bottoms of trenches for water lines and force mains shall be rounded so that the lower 90 degree quadrant of the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable compacted fill material. Bell holes and excavation for joints shall be dug by hand after the trench bottom has been shaped. These holes shall be so spaced and sized as to permit first class workmanship on the joint and to insure that the maximum length of pipe possible will rest on the prepared bottom of the trench. SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-2 Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be refilled with selected refill material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall be thoroughly tamped. The refill shall be brought to the proper elevation for the pipe. Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or wellpointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. All dewatering methods shall be subject to the approval of the Engineer as to capacity and effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it will neither cause injury to public health, public or private property, the surface or use of streets by the public or work completed or in progress. Protection Against Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in accordance with the angle of repose of the soil. The Contractor alone is responsible for any damage or injury resulting from his failure either to provide adequate protection from the excavation or to comply with OSHA requirements. Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or required for backfill or filling shall be wasted within the limits of the site as directed by the Engineer. Blasting: Where blasting is necessary, it shall be done in accordance with local ordinances by skilled operators and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-3 FILL: Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be compacted at optimum moisture content in a manner approved by the Engineer. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698. BACKFILLING: The Engineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have optimum moisture content when compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698. Under roadway, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6-inch layers and each layer moistened and compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 1557. The top 12” beneath the roadway shall have 100% compaction. FILL AND BACKFILL MATERIAL: Material for fill and backfilling shall consist of the excavated material, if suitable, or borrow approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. Foundation Backfill Material: Material for the replacement of unacceptable material as approved by the Engineer. BORROW MATERIAL FOR TRENCH BACKFILL: Borrow material for trench backfill shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash, and any other deleterious material. SELECTED REFILL MATERIAL: When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 6 inches. Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks, roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use. SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-4 CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT: The Contractor shall replace or repair concrete slab pavement which has been removed or damaged in his trenching operation with equal quality and not less than 6” of 4,000 psi concrete over compacted fill. The existing concrete pavement shall be neatly cut vertically and on a uniform horizontal alignment. The concrete shall be cast solid against the existing slab joint. PAVEMENT REMOVAL AND REPLACEMENT: The Contractor shall replace or repair all pavement which has been removed or damaged in his trenching operation with pavement and overlay as shown in Augusta Utilities Department’s Detail 18. The existing pavement shall be neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching shall be as shown in detail and shall be tied into the adjacent pavement or slab as directed by the Engineer. Pavement subgrade and pavement under the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. EROSION AND SEDIMENT CONTROL: Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed against a stable, post supported wire backing to intercept all runoff from the construction site. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which might significantly alter its physical properties after installation. The fabric shall contain stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pulling away from the fabric. During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall not be exposed to temperatures greater than 140 degrees F. The fabric shall meet the following physical requirements: Tensile Strength (Lbs. Min.) Warp - 120 (ASTM D-4632) Fill - 100 Elongation (% Max.) 40 (ASTM D-4632) AOS (Apparent Opening Size) (Max. 30 Sieve Size) (ASTM D-4751) SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-5 Flow Rate (Gal/Min/Sq.Ft.) 25 (GDT-87) Ultraviolet Stability (2) 80 (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) Bursting Strength (PSI Min.) 175 (ASTM D-3786 Diaphragm Bursting Strength Tester) Minimum Fabric Width (Inches) 24 Filter Fabric Backing shall be woven wire and attached to the posts by wire, cord, staples, nails, or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier. The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4x4 Wl.4xWl.4 or equal. Posts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used. Soft wood posts shall be at least 3 inches in diameter or nominal 2"x4" and straight enough to provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet. Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 per post. Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically produced straw bales shall be anchored to 2x4x4'-0" posts set 2.5' below grade. Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion control features of the work site are complete and ample grass is established, the temporary fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: The Contractor shall carefully restore all private property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No structures or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. SECTION TS2 EXCAVATION, FILLING AND BACKFILLING 0802-01R TS-02 Excavation, Filling and Backfiling TS2-6 PAYMENT: Except as specifically stated in the items which follow, no separate payment shall be made for common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion control and sediment containment measures; and other work covered by this section of the specifications. Such work shall be considered as a subsidiary obligation of the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Foundation Backfill Material: Backfill material installed at the direction of the Engineer as well as transportation and stockpiling charges will be paid for on the basis of the applicable unit price per the bid. Selected Refill Material: Refill material, installed at the direction of the Engineer, to replace unsuitable material below the pipe trench or to refill the authorized over-depth excavation of rock in trenches for water lines will be paid for on the basis of the applicable unit price in the Bid. No payment will be made for crushed stone or sand used by the Contractor in the trench bottom in lieu of dewatering by use of well points or pipe bedding as detailed in the drawings. Borrow Material for Trench Backfill: Borrow material used to backfill the trench above the pipe, where suitable material is not available from the excavation, will be paid for on the basis of the applicable unit price in the Bid. The quantity of borrow will be based on the computed volume in the trench within the maximum permissible trench width for distances as authorized by the Engineer. Concrete Driveway replaced over trench excavations will be paid for on the basis of the applicable unit price per square yard as set forth in the Bid. The maximum permissible width to be used in computing the quantity of concrete paving allowed for payment will be 3’-4” plus the pipe O.D. Pavement replaced over trench excavations will be paid for on the basis of the applicable unit price per square yard as set forth in the Bid. The maximum permissible width to be used in computing the quantity of pavement allowed for payment will be 3'-4" plus the pipe O.D. Resurfacing: For roadway sections which must be resurfaced, payment will be made per square yard for the resurfacing applied over the pavement replacement over trench excavations as well as the adjoining area within the resurfacing limits. Rock Excavation: The quantity of rock excavation which will be paid for is the number of cubic yards of acceptably excavated material as hereinbefore specified and defined as rock excavation, measured in its original position and computed by allowing the width of rock excavation in trenches of 1'-4" plus the outside diameter of the pipe, and 2 feet outside formed walls but not in excess of the amount actually excavated. The measurement will include the authorized overdepth excavation. The payment for rock excavation shall include the cost of disposing of excess materials which cannot be used in the backfill. SECTION TS3 CONCRETE 0802-01R TS-03 Concrete TS3-1 SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The current editions of the following specifications form a part of this specification: American Society for Testing Materials Designation: C 33 Concrete Aggregates C 150 Portland Cement A 615 Reinforcing Steel C 94 Ready-Mix Concrete C 494 Admixtures for Concrete C 31 Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI 318 Building Code Requirement for Reinforced Concrete ACI 315 Manual of Standard Practice for Detailing Reinforced Concrete Structures CONCRETE: Materials: Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one brand of cement shall be used for exposed concrete in any individual structure. Fine Aggregate shall consist of natural sand, manufactured sand or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. Coarse Aggregate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates. Water shall be clean and free from oils, acids, salts, or other injurious substances. Admixtures shall be used to provide entrained air. Other admixtures shall be used only with written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. Curing Materials shall be approved by the Engineer before use. SECTION TS3 CONCRETE 0802-01R TS-03 Concrete TS3-2 Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as otherwise noted on the drawings. Shop drawings are required. Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as to be protected from rusting, oil, grease, and distortion. Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a power operated batch mixer. The contents of the mixer shall be completely discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will not be permitted. Concrete for pipe encasement, blocking, and collars shall have a minimum strength of 3,000 psi. Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking, floors and other members shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No. 2 Common Grade or better. They shall be properly braced and tied so as to maintain their position and shape, and shall be sufficiently tight to prevent leakage of grout. Finish: Floor shall be wood float finished except those normally exposed to view shall be troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off; depressions, holes, and rough spots shall be carefully pointed. Wall surfaces normally exposed to view shall be rubbed. Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength. PAYMENT: Except as specifically stated in the following items, no separate payment will be made for work covered by this section of the specifications and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Class A Concrete shall be measured in cubic yards and shall include costs for excavation, labor equipment, and concrete material placement. No additional payment shall be made for these items. Concrete pier shall be paid each and shall include costs for excavation, labor, equipment, concrete material and steel strap placement. No additional payment shall be made for these items. Concrete slabs for Aerial Crossing shall be paid each and shall include costs for excavation, labor, equipment, concrete material and steel strap placement. No additional payment shall be made for these items. SECTION TS3 CONCRETE 0802-01R TS-03 Concrete TS3-3 Concrete Bridge Supports shall be paid on a lump sum basis and shall include costs for labor, equipment, concrete material and steel strap placement. No additional payment shall be made for these items. SECTION TS5 STRUCTURAL STEEL AND MISCELLANEOUS METAL 0802-01R TS-05 Structural Steel and Misc Metals TS5-1 SCOPE: The work covered by this section of the specifications consists of furnishing all labor, materials, equipment and services necessary for or reasonably incidental to the furnishing and erection of all structural steel, brackets, handrails, stairs, angle frames, grating, bearing plates, anchors, anchor bolts, nosings, and other miscellaneous metal items to fully complete the structures in strict accordance with this section of the specifications and the applicable plans and subject to the terms and conditions of the Contract. GENERAL: Except where specifically called for, no ferrous metals shall be used in any application, including hardware, unless such are totally embedded in structural concrete. APPLICABLE SPECIFICATIONS: The current edition of the following specifications and any specifications shown on the drawings form a part of this specification: American Institute of Steel Construction: "Specification for Structural Steel Buildings" AISC: "Code of Standard Practice for Steel Buildings and Bridges" American Society for Testing Materials: Designation A-36, "Steel for Buildings and Bridges" Designation A-307, "Unfinished Bolts" Designation A-325, "High Strength Bolts" Designation A-386, "Hot Dip Galvanizing" Designation B-241, "Specification for Aluminum Alloy Seamless Pipe" American Welding Society: "Structural Welding Code, AWS D1.1" SUBMITTALS: Shop Drawings, Structural Steel: Fabrication of structural steel, brackets, handrails, stairs, grating, ladders and frames shall not commence prior to approval of shop drawings by the Engineer. Six sets of shop drawings which have been checked by the Contractor for field dimensions and conformance to the plans and specifications shall be submitted for approval. Shop drawings shall include complete details and schedules for fabrication for shop assembly of members, and details, schedules, procedures and diagrams showing the sequence of erection. Submittals shall be made in accordance with the Supplementary Conditions of these Specifications. PRODUCT DELIVERY, STORAGE AND HANDLING: Material Storage: Protect steel members, aluminum fabrications and packaged materials from corrosion and deterioration. Welding electrodes shall be delivered in unbroken packages and stored when opened in a closed, dry heated box. Do not store materials on the structures in a manner that might cause distortion or damage to the members or the supporting structures. Repair or replace damaged materials or structures as directed. SECTION TS5 STRUCTURAL STEEL AND MISCELLANEOUS METAL 0802-01R TS-05 Structural Steel and Misc Metals TS5-2 MATERIALS: Stainless Steel Shapes, Plates, and Tubes shall be AISI Type 304 (18-8). Stainless steel bolts shall be AISI Type 316. All steel shall be AISI Type 304 (18-8) unless specifically noted otherwise. Pipe Railing: Pipe shall be aluminum conforming to ASTM B 241, fy = 22,000 psi for handrails and fy = 35,000 psi for wall rails. Handrails shall be 1-1/2 inch Schedule 40 pipe and the posts shall be 1-1/2 inch Schedule 80 pipe. Finish shall be 204-R1 Natural Anodized having a minimum coating thickness of 0.4 mils. Grating: All grating shall be outside banded, banded around openings and shall be securely fastened to supporting metalwork with appropriate saddle clips and bolts. Frames shall be aluminum similar to Waco Frame ZF 1.25, or comparable product. Portions of frames in contact with concrete shall be coated with Bituminous Paint. Grating, except as otherwise indicated, shall be extruded aluminum plank of 6063-T6 Aluminum, 1-1/4" depth and 3.0#SF, shall have square raised openings, and shall be the standard product of Washington Aluminum Company, or equal. The size of individual sections shall not exceed 4'-0" x 5'-0". Intake Screen: Shall consist of 1 1/2” x 3/8” x 5’-0” long aluminum main bars at 3 3/4” o.c. with 3/8” hexagonal aluminum cross bars at 4” o.c., banded, and shall be the product of Kerrigan Iron Works or equal. Fasteners for aluminum and stainless steel products shall be Type 304 Stainless Steel. Electrodes for Welding: Aluminum and stainless steel welding shall conform to the requirements of the American Welding Society for the grade of aluminum to be welded. Structural Steel Primer Paint: FS TT-P-86e, Type I, red lead mixed pigment- linseed oil. Cast Nosings and Thresholds shall be cast aluminum abrasive type cross hatched style as manufactured by American Abrasive Metals, or shall be the comparable products of White Foundry, or Construction Castings Co., or equal. Except as otherwise detailed, thresholds shall be Style "M", 6 inches wide; nosings for concrete steps shall be Style A, 3/8 inch thickness by 4 inches wide and 6 inches less in length than the full width of the stair. Cement Grout (PC-G): Portland cement (ASTM C 150, Type V) and clean, uniformly graded, natural sand (ASTM C 404, Size No. 2). Mix at a ratio of 1.0 part cement to 3.0 parts sand, by volume, with only the minimum amount of water required for placement and hydration. Expansion Anchors: Fed. Spec. FF-S-325; cinch anchor type, Group I, Type I, Class 2 (2 unit), or Group I, Type II, Class 2, Style 1 (2 unit); wedge type, Group II, Type IV, Class 1 or 2; or self-drilling type, Group III, Type I. Expansion anchors shall be installed in conformity with the manufacturer's recommendations for maximum holding power, but in no case shall the depth of SECTION TS5 STRUCTURAL STEEL AND MISCELLANEOUS METAL 0802-01R TS-05 Structural Steel and Misc Metals TS5-3 hole be less than four bolt diameters. Minimum distance between the center of any expansion anchor and an edge or exterior corner of concrete shall be not less than 4-1/2 times the diameter of the hole in which it is installed. FABRICATION: General: Fabricate items of structural steel in accordance with appropriate AISC Specifications and as indicated on the final shop drawings. Fabricate with natural camber of the member up. Properly mark and matchmark materials for field assembly. Fabricate for delivery sequence which will expedite erection and minimize field handling of materials. Where finishing is required, complete the assembly, including welding of units, before start of finishing operations. Welders shall be certified for all positions and thicknesses and metals appropriate to their work on this project. Connections: Weld or bolt shop connections. Bolt field connections, except where welded connections or other connections are shown or specified. Welding shall be performed by welders certified for the material, material thickness, and for all positions necessary to complete the welding for this project. All butt welds shall be full penetration butt welds. Holes for Other Work: Provide holes required for securing other work to structural steel and miscellaneous metal, and for the passage of other work through the members. Provide threaded nuts welded to framing as needed to receive other work. Miscellaneous Metal shall be fabricated to a quality comparable to the Commercial Quality of the National Association of Architectural Metal Manufacturers. Metal surfaces exposed to view shall be free of surface blemishes, including pitting, seam marks, roller marks, rolled trade names and roughness. Painting: Stainless steel, galvanized steel, and aluminum will not be painted. Except for submerged metalwork, all steelwork shall be shop primed with one coat of Type I (TTP 86e) red lead and linseed oil applied over a surface which has had the scale removed by power cleaning (SSPC-SP6) or better surface preparation. Submerged and partially submerged steelwork shall be blast cleaned and primed in accordance with the PAINTING Section of the Specifications. Where paint has been withheld from areas to be welded and other bare spots, scrapes, etc., the areas shall be touched up with the original primer. Minimum prime coat dry thickness shall be 2 mils. ERECTION: Structural steel and miscellaneous steelwork shall be erected in conformance with current edition of AISC Specifications. The Contractor's written welding procedures and welder's certification shall be submitted for approval prior to any welding work. PAYMENT: No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum items for the completed work. SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-1 SCOPE: Before work is begun, the Contractor will furnish to the Engineer for approval, six sets of Shop Drawings for pipe, fittings, hydrants, valves and all appurtenances. All necessary details, dimensions and choice of material shall be shown on each submittal. The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation and testing of the water line and appurtenances, complete, in strict accordance with this section of the specifications and the applicable plans, and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The latest editions of the following specifications form a part of this section of the specifications. American Society of Testing Materials (ASTM) Specifications: A 377 Ductile Iron Pressure Pipe D 1784 Rigid PVC Compounds for Pipe D 2321 Underground Installation of Flexible Thermoplastic Pipe D 3139 Joints for Plastic Pressure Pipes using Elastomeric Seals F 477 Elastomeric Seals (gaskets) for joining Plastic Pipe American Water Works Association (AWWA) Specifications: C 110 Ductile-Iron and Gray-Iron Fittings, 3” – 48” for Water and Other Liquids C 153 Ductile-Iron Compact Fittings, 3” – 64” for Water Service C 600 Installation of Ductile-Iron Water Mains and Their Appurtenances C 651 Disinfecting Water Mains C 800 Underground Service Line Valves and Fittings C 900 Polyvinyl Chloride (PVC) Pressure Pipe, 4” through 12” GENERAL: All piping and accessories furnished by the Contractor for incorporation in the work shall be new, unused, and of the type specified herein, and listed in the Bid. All material and construction must be in accordance with the AWWA Standards and any PVC material or plastic service line used must bear the National Sanitation Foundation (NSF) seal of approval for potable water use. All pipe, solder and flux used during installation of the water lines must be "lead-free" with not more than 8% lead in pipes and fittings, and not more than 0.2% lead in solder and flux. In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe which has its alignment, grade, or joints disturbed after laying shall be taken up and re-laid. The interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and shall be kept clean during laying operations by means of plugs or other approved SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-2 methods. The pipe shall not be laid in water or when trench or weather conditions are unsuitable for work, and water shall be kept out of trenches until the pipe joints have been completed. When work is not in progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or other foreign substance cannot enter the line. Plug shall be on site before trench excavation begins. Multiple plugs shall be on site if trenching is starting in more than one area. EXCAVATION, TRENCHING AND BACKFILLING: See the EXCAVATION, FILLING AND BACKFILLING section of these specifications for trench excavation of ductile iron pipe and PVC pipe, pipe bedding and backfilling requirements. Excavation required for construction of the water lines shall be either common excavation or rock excavation. SERVICE PIPING SCHEDULE: Unless otherwise indicated, pipe and fittings shall be constructed of the materials shown in the following schedule for the service indicated. Cast iron pipe or ductile iron pipe and fittings shall be used for all piping except as may be otherwise indicated in the following schedule: Service Pipe Material Fitting Material Water Line Piping not D.I.P. Flanged (CL 53) Flange – above ground; otherwise listed below Underground Push-on, M.J. or R.J. Pressure Class 350 below ground. Polyvinyl Chloride PVC Pipe C900 Pipe (PVC) 2” & Smaller Type K Copper, Red Brass Threaded Brass General: All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Handling: No pipe fittings, valves or hydrants shall be transported with a loader fork inserted into the pipe or water way as means of transportation. Free dropped pipe, fittings, valves or hydrants may constitute removal and replacement. Storage of Materials: All pipe, fittings, valves and hydrants shall be stored on site such that they are elevated off the ground at least 6” to prevent any water or form of debris to enter the pipe or pipe openings. All materials shall be properly supported to prevent excess stress while stored. All water systems materials that come into contact with any foreign material shall be thoroughly cleaned before installation in strict accordance with AWWA C651. SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-3 DUCTILE IRON PIPE: Underground: Underground pipe shall be ductile iron. Pipe sizes 4” to 12” shall be Pressure Class 350, 14” to 36” shall be Pressure Class 250, and in accordance with ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron. Pipe shall be coated on the outside with a bituminous coating, and lined with cement lining in accordance with ANSI A21.4. Approved Ductile Iron Pipe Manufacturers shall be American Cast Iron Pipe Company, U.S. Pipe Company, Griffin Pipe Products Company or McWane Incorporated only. Fittings: Fittings shall be manufactured from ductile iron grade 70/50/05 in accordance with ANSI A21.10 / AWWA C110 or ANSI A21.53 / AWWA C153. All fittings shall be interior lined in accordance with ANSI A21.4 / AWWA C104 and have an asphaltic exterior coating the same as DIP. All fittings for underground use shall be mechanical joint. All retainer glands shall be manufactured of ductile iron in accordance with ANSI A21.1 / AWWA C111. Cast iron fittings or accessories are not permitted. Payment for fittings shall be made on the basis of published weights less accessories (MegaLug®, etc.). Fittings shall be as manufactured by American Cast Iron Pipe Company, Union Tyler Foundry Company, Clow, Star Pipe, U.S. Pipe Company or Sigma. Service line fittings and appurtenances shall be red brass and as manufactured by Ford Meter Box Company or Mueller. Red Brass fittings shall be a “Grip Joint” type as manufactured by Ford or 110 Compression as manufactured by Mueller. Joints and Jointing Materials: Joints in underground ductile iron pipe shall be mechanical joint, push-on joint or restrained joint where indicated. All joints and jointing materials shall conform to the requirements of ANSI A21.11. Push-on Joints for underground pipe shall have gaskets made of vulcanized natural or synthetic rubber compound conforming to ANSI A21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating effect on the gasket material. Mechanical Joints shall conform to ANSI A21.10 and A21.11, and shall have gaskets smooth and free from any porosity or imperfections; gaskets shall be made of vulcanized natural or vulcanized synthetic rubber. Bolts for mechanical joints shall be standard, high-strength, heat-treated cast iron tee- head bolts with hexagon nuts meeting the requirements of ANSI A21.11. Restrained Joints: All joint restraint for underground ductile iron pipe and fittings shall be rated for a minimum of 250 psi. Restraining gaskets shall be clearly marked 6” thru 20” pipe and shall utilize “Fast Grip” restraining gaskets for ACIPCO (American) Pipe only or “Field Lok” restraining gaskets for U.S. Pipe, Griffin Pipe and McWane Pipe only. Restrained Joints for pipe 24” to 36” shall be ACIPCO “Flex Ring”, U. S. Pipe “TR Flex” or comparable product SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-4 which utilizes a positive restraining joint. Accessories including Megalug® series 1100 and 1700 and Sigma ONE-LOKTM (up to 20”) may also be used as restraint for ductile iron pipe 6” to 36”. All horizontal bend fittings and connecting pipe shall be restrained as shown on drawings. For number of lengths to be installed, refer to chart on drawings. Concrete Blocking for Restraint: Unless otherwise shown, fittings not connected to restrained joint pipe shall utilize concrete blocking for restraint. The blocking shall be poured as to provide access to all joints. No bolts, glands or restraint shall be in direct contact with concrete. The concrete blocking shall be formed against undisturbed trench wall. All temporary forms shall be removed before backfilling. Vertical changes in the pipe line shall utilize restrained joint pipe and fittings, or the combination of, with concrete restraining collar (see detail) only. Concrete blocking will not be acceptable for restraint in the vertical position. Before installation of concrete blocking for restraint, submittal for approval by Engineer is required. Concrete Thrust Collars: Concrete thrust collars shall be poured continuous around pipes and bearing against undisturbed earth. All concrete and reinforcing shall comply with the concrete section of these specifications. Thrust collars shall be poured at least 7 days prior to the tie-in connection of the water lines. Restraining rods used shall be a minimum of A307 steel and completely field coated with bituminous coating. Where concrete collars utilize a mid-span retainer gland as restraint, polyethylene must be installed to protect the gripping rings from concrete intrusion. Mid-span retainer glands shall be MegaLug® series 1100SDB or approved equal for ductile iron pipe applications. Concrete forms that must remain in place, shall be treated lumber. All backfilling around thrust collars shall be compacted to 100% density (ASTM D698) and tested. Where unsuitable material is discovered around thrust collar, the unsuitable material shall be removed and replaced with borrow material as directed by the Engineer. INSTALLATION: Handling: Pipe and accessories shall be handled in such a manner as to insure delivery on the site and installation in the trench in a sound, undamaged condition. Particular care should be taken not to injure the coating. Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe or its coating. Cutting shall be done by means of an approved type of mechanical cutter. After cutting, all burrs and other roughness shall be removed and the exterior of the spigot end suitably beveled to facilitate SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-5 assembly. If cutting is not possible, short lengths of pipe shall be furnished as necessary. Placing and Laying: Pipe and accessories shall be examined for defects and tapped with a light hammer to detect cracks while suspended in the sling before installing. All damaged, defective or unsound items will be rejected and removed immediately from the site of the work. All water shall be removed from the trench before pipe is to be laid. Temporary Plugging: All ends of pipelines shall be properly plugged and watertight to eliminate any foreign material from entering the pipe at the end of each work session. DEFLECTION: Deflection of water lines (ductile or PVC) and fittings shall be made in strict accordance with manufacturer’s requirements. If alignment requires deflections in excess of the manufacturer’s limitations, the Contractor shall provide special bends or a sufficient number of shorter lengths of pipe to provide angular deflections within the limits set forth by the manufacturer. JOINTING: Push-on Joints shall be assembled by pre-positioning a continuous, molded rubber ring gasket in an annular recess in the pipe socket and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to affect a positive seal under all combinations of the joints and gasket tolerances. Contractor shall furnish to Owner one copy of the pipe manufacturer's joint assembly instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly instructions. Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-half cup of granulated soap in one gallon of water. The cast iron gland shall then be slipped on the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the gasket evenly positioned around the entire joint. The cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened alternately to produce an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with maximum torque as recommended by the manufacturer. Cleaning: A pipe swab shall be kept in the pipe at all times to prevent debris from entering the newly laid pipe. Whenever pipe laying operations are ceased, SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-6 a watertight, inflatable plug shall be installed in the open end of the pipe to prevent ground water from entering the newly laid pipe. Tapping Sleeves shall be full circle style constructed completely of stainless steel. The tapping sleeve flange shall also be stainless steel. All bolts, nuts, and washers shall be stainless steel. The tapping sleeve shall be Ford style FTSS rated for a minimum working pressure of 250 psi. The existing water line to receive the tapping sleeve shall be checked for “out-of-round” and thoroughly cleaned before installing the sleeve. 4” – 12” Smith-Blair #663 Ford Meter Box Style FTSS Mueller H-304SS 14” – 24” Smith-Blair #662 Mueller H-304SS CONNECTIONS TO EXISTING MAINS: The Contractor shall verify existing conditions of tie-in and submit to Engineer for approval a sketch of the connection if conditions differ from Contract Documents. The Contractor shall contact the Augusta Utilities Department at 706-312-4160 and request approval 5 days prior to the intended connection date. The Contractor shall furnish and install all fittings and appurtenances necessary (unless otherwise noted) to make connections to the existing distribution system. All solid sleeves used to cut into existing pipes shall have a maximum gap of 3/4” between butted plain end pipes. Where this is unable to be achieved, a filler ring shall be installed to close the gap between the cut pipes. All sleeves shall be restrained joint. All restraint necessary, existing pipe and new piping, shall be the responsibility of the Contractor Dewatering the existing pipe shall be done to prevent any cross contamination of trench water. The Contractor shall provide a pump sufficient for the rate of flow and/or appropriate drainage to ensure there is no backflow into the existing water line. The cut or break in the existing water line shall be at the highest point of the connection. All fittings, pipe, valves and appurtenances used to connect to the existing water system prior to standard disinfection shall be clean, free of foreign material and disinfected. Disinfection shall utilize a bleach solution of 1 1/2 parts water to 1 part bleach that shall be sprayed inside pipe, valves, fittings and appurtenances before the connection is to be put back on line with the existing water system. TESTING: General: After completion of the piping, it shall be tested for leaks in accordance with AWWA C600 (latest revision) and proved tight at 250 psi (at low point). The Contractor shall provide, at his expense, all labor, supervision, pumps, measuring devices, power, miscellaneous equipment, temporary plugs or valves and water necessary for performance of all testing and disinfection on all piping in accordance with the requirements of these specifications. SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-7 Contractor MUST provide a plan to flush all lines to AWWA Standards, 2.5 fps. Contractor MUST also submit to Engineer on how the Contractor will diffuse the water to not cause any erosion during flushing. The contractor is responsible for strategically planning all of the injection points, sample taps and flushing points required for the disinfection process in order to best manage the end result. The contractor is responsible for providing all taps as required including appropriate sizing for the disinfection process when injecting chlorine. In addition, the contractor must ensure there is proper flushing points along the pipe line where not already shown on the plans and in accordance with the flushing and disinfection plan to be submitted to Engineer. Hydrants shall be utilized for flushing but cannot be used to pull a TCB sample. The contractor shall coordinate all disinfection process through the Engineer Taps(s) shall be installed on each side of in-line valves where areas can be sectioned off and disinfected as separate entities. The disinfection procedure that follows in these specifications is based on the continuous feed method and requires 24 hour periods of no water movement within the pipe line for appropriate sampling. The contractor may submit and request to utilize the “slug method” for all pipe lines larger than 12” in diameter for review and approval. The submission of the appropriate plans does not guarantee approval of slug method. The request must include a complete and detailed flushing plan, chlorination plan and de-chlorination plan. Hydrostatic Tests: Pressure Test: All sample taps shall be installed before pressure testing. The contractor is required to thoroughly flush the newly laid water line prior to pressure testing. All newly installed pressure pipe or any valved section thereof shall be subjected to the appropriate hydrostatic pressure based on the elevation of the lowest point in the line or section under test and corrected to the elevation of the test gage. The duration of each pressure test shall be two hours. Before applying the specified test pressure, all air must be expelled from the line. The Contractor will make the necessary taps and insert plugs to complete the test. All taps installed shall be marked in red on the Contract Drawings that will serve as the record drawings. Any exposed pipe, fittings, valves, and joints shall be carefully examined during the open trench test. All defective joints shall be repaired or replaced to the satisfaction of the Inspector. Any cracked or defective pipe, joints, fittings, valves or hydrants discovered in consequence of this pressure test shall be removed and replaced with sound material and the test shall be repeated until satisfactory to the Inspector. Leakage Test: The duration of the leakage test shall be for a minimum of two hours, and during the test the main or section of the main under test shall be subjected to the above noted pressure based on the lowest point in the line or section under test and corrected to the elevation of the test gage. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-8 section thereof, necessary to maintain the specified leakage test pressure after the air has been expelled and the pipe has been filled with water at the test pressure. No pipe installation will be accepted until leakage is less than the number of gallons per hour as determined by the formula L = Allowable leakage in gallons per hour per 1,000 ft. pipe. D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. All visible leaks shall be repaired regardless of the allowance used for testing. CHLORINATION/DISINFECTION: All piping complete with fittings and appurtenances shall be flushed until thoroughly clean, and sterilized as specified in AWWA C651 and in accordance with these specifications. Disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with AWWA C651. Heavily chlorinated water shall not be deposited directly into a live creek or stream. The requirements of this paragraph apply equally to new pipe and fittings, and to existing pipe lines into which connections have been made, or which may have been otherwise disturbed to the extent that contamination may have occurred. All disinfection methods and practices are thoroughly described in the AWWA manual “Disinfection of Pipelines and Storage Facilities Field Guide” (ISBN 1- 58321-423-2). Chlorine Chemicals All chlorine chemical concentrations shall be in accordance with ANSI/AWWA B300. All chemicals used to create chlorine solutions shall be new and have been properly stored before use in disinfection process. All chlorine solutions introduced into the pipe line shall not exceed 100ppm. Chlorine liquid, calcium hypochlorite tablets, or calcium hypochlorite for swimming pools are not acceptable chemicals for disinfection. The only chlorine chemicals permitted for disinfection shall be as follows: Sodium Hypochlorite in liquid solution containing 5-15% available chlorine. The chemical solution shall be mixed as required and injected into the water line. Calcium Hypochlorite in granular or powdered form containing approximately 65% available chlorine. Calcium hypochlorite chemical shall be solely used as a pre-mixed solution and introduced into the water line as a liquid. Granules or powder dumped or thrown into the inside the pipe line is not permitted. Chlorine Testing shall be the contractor’s responsibility in order to produce the proper dosage (ppm) of chlorine during all phases of disinfection. The contractor shall be responsible for adequately flushing all air out of the system before chlorine testing. L D P 148 SECTION TS6C WATER LINES 0802-01r Ts-06c Water Lines TS6C-9 Chlorine Injection shall be pre-mixed and made a homogenous solution before injecting into the water line. The injection tap shall be done thorough an adequately sized tap not less than 1” diameter. All chlorine injection points shall be within 10’ of the water feed source. Sample Tap All sample taps installed shall extend a minimum of 12” above finish grade and supported to be readily available to be sterilized by an open flame. Where sample taps shall only serve as sampling sites, the appropriate pressure rated polyethylene tubing may be used along with proper brass end point for sterilization. A hydrant shall not be used as a sample location. Galvanized pipe or PVC are not permitted as sample line material. Securing Sample Taps shall be performed by the contractor. Each curb stop shall be locked using a combination padlock or keyed padlock before disinfection begins. The contractor is responsible for purchasing and installing all locks necessary to secure taps before the disinfection is complete. Sample/Injection Tap Removal shall consist of removing curb stop, tubing and plugging, or capping corporation stop in closed position. CONNECTION TO EXISTING WATER SYSTEM: Disinfection of connections or repairs to the existing water system shall utilize a bleach solution of 1 1/2 parts water to 1 part bleach. The solution shall be sprayed inside pipe, valves, fittings and appurtenances before the connection is to be put back on line with the existing water system. A CCWU Inspector shall be present to witness all stages of connection. CLEAN-UP: Upon completion of the installation of the water lines and appurtenances, all equipment and debris remaining as a result of the Contractor's operations shall be removed from the site of the work. RECORD DRAWINGS: Upon completion of the work, the Contractor shall furnish to the Engineer a complete set of marked-up drawings showing all changes in the location of all underground and above ground piping, valves, and drains. PAYMENT: No payment for pipe installation will be made to contractor until pipe has passed pressure testing. Payment for all items covered by this section of the specifications shall be paid in accordance with the bid item list. No other separate payment will be made for the work by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the bid list. All work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation and testing of the force main and appurtenances, complete, in strict accordance with this section of the specifications and the applicable plans, and subject to the terms and conditions of the Contract. GENERAL: All piping and accessories furnished by the Contractor for incorporation in the work shall be new, unused, and of the type specified herein, and listed in the Bid. In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe which has its alignment, grade, or joints disturbed after laying shall be taken up and relaid. The interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and shall be kept clean during laying operations by means of plugs or other approved methods. The pipe shall not be laid in water or when trench or weather conditions are unsuitable for work, and water shall be kept out of trenches until the pipe joints have been completed. When work is not in progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or other foreign substance cannot enter the line. EXCAVATION, TRENCHING AND BACKFILLING: Excavation, trenching and backfilling shall be in accordance with the requirements of Section TS2. Excavation required for construction of the water lines shall be either common excavation or rock excavation. SERVICE PIPING SCHEDULE: Unless otherwise indicated, pipe and fittings shall be constructed of the materials shown in the following schedule for the service indicated. Cast iron pipe or ductile iron pipe and fittings shall be used for all piping except as may be otherwise indicated in the following schedule: Service Pipe Material Fitting Material Test Pressures Force Main HDPE, PE 340, SDR 17 HDPE 50 psig. – 12.5 psig. As Called D.I.P. (Pressure Class 150’) Flg. above ground; Push-on, or M.J. Below ground 50 psig. –12.5 psig. Ceramic Epoxy Lining Epoxy Ceramic Lining Push-on, or M.J. 50 psig. –12.5 psig. Trench Bedding Drain PVC SCH 40 PVC SCH 40 None SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-2 PIPE: DUCTILE IRON PIPE: General: Before work is begun the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal and vertical curves, restrained joints, and all other specials and special joints. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Mechanical joint fittings may be standard conforming to AWWA C110 or compact ductile iron conforming to AWWA C153. Ductile Iron Pipe (EDIP): All gravity sanitary sewer or force mains and associated fittings that are to be Ductile Iron shall be epoxy lined. Standard cement lined ductile iron pipe or fittings are not permitted for sewer use. Each piece of sewer pipe must be labeled as sewer pipe and contain trade name of lining. Interior Lining of the ductile iron pipe for sanitary sewer use shall be epoxy lined. Epoxy lined ductile iron pipe and fittings shall have a completely covered inner surface of the pipe and fittings from bell to spigot. The lining shall be Protecto 401 Ceramic Epoxy lining, or approved equal. Sewer pipe with lining defects such as cracking or holes in the lining shall not be installed and shall be removed from the site immediately. Field repair of the epoxy lining is not permitted. Ductile Iron Pipe (EDIP): Shall conform to ANSI specification C151. Ductile Iron Pipe shall be as follows: Diameter Pressure Class 6” to 12” 350 14” to 36” 250 Ductile Iron Pipe and Fittings shall be the Protecto 401 lined products of American Ductile Iron Pipe or U.S. Pipe Ductile Iron Pipe or engineer approved equal products of other manufacturers. Underground Fittings shall be mechanical joint and conform to C110/ANSI A21.5 or AWWA C153/ANSI A21.53. Push-on Joints for Ductile Iron Pipe shall have gaskets made of vulcanized natural or synthetic rubber compound conforming to ANSI A21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating effect on the gasket material. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-3 Underground Restrained Joint Pipe shall utilize a form of positive restraint which shall be either a restraining gasket or a retainer clip or ring. All restraining gaskets shall be rated for a minimum working pressure of 250 psi. Restraining gaskets shall have stainless steel gripping wedges to completely retain the pipe. Gaskets shall be “Fast-Grip” as manufactured by ACIPCO, “Field-Lok” as manufactured by U. S. Pipe or approved equal. Restrained joint pipe shall be “Flex-Ring or Lok-Ring” as manufactured by ACIPCO, “TR-Flex” or “HP Lok” as manufactured by U. S. Pipe or approved equal. Dissimilar Pipe Joints shall utilize an appropriate standard adapter approved by Columbia County Water Utility and the Engineer. Flanged Ductile Iron Pipe and Fittings shall be 4” and larger. Flanged pipe shall be a minimum of Class 53 pipe per AWWA C115. Flanged pipe, fittings and appurtenances are for above ground use, inside vault, or lift station wet well only. Flanged pipe shall be shop fabricated, faced drilled, lined and exterior coated by the manufacture or manufacturers lining company. Fabrication or lining of flanged pipe on site is not permitted. Complete shop drawings of all pipe, fittings and appurtenances shall be submitted the Columbia County Water Utility Engineering Department for approval before delivery to the site. Installation: Handling: Pipe and accessories shall be handled in such a manner as to insure delivery on the site and installation in the trench in a sound, undamaged condition. Particular care should be taken not to injure the coating or lining. Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe or its coating. Cutting shall be done by means of an approved type of mechanical cutter. After cutting, all burrs and other roughness shall be removed and the exterior of the spigot end suitably beveled to facilitate assembly. If cutting is not possible, short lengths of pipe shall be furnished as necessary. Placing and Laying: Pipe and accessories shall be examined for defects and tapped with a light hammer to detect cracks while suspended in the sling before installing. All damaged, defective or unsound items will be rejected and removed immediately from the site of the work. Deflection from a straight line and grade as required by vertical or horizontal curves or offsets shall not exceed the values presented in the following schedule. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-4 SCHEDULE FOR MAXIMUM DEFLECTION Pipe Size Max. Deflection (Inches per 18 ft. length) (Inches) Push-on Joint Mechanical Joint 6 21 30 8 21 22 10 21 22 12 21 22 16 21 15 18 21 12 20 21 12 If alignment requires deflections in excess of the above limitations, the Contractor shall provide special bends or a sufficient number of shorter lengths of pipe to provide angular deflections within the limits set forth. Pipe shall be placed in the trench and bedded as required in Section TS2. Except where necessary in making connections with other lines, or as authorized, pipe shall be laid with the bells facing in the direction of laying. Jointing: Push-on Joints shall be assembled by pre-positioning a continuous, molded rubber ring gasket in an annular recess in the pipe socket and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to effect a positive seal under all combinations of the joints and gasket tolerances. Contractor shall furnish both the Owner and the Engineer with one copy of the pipe manufacturer's joint assembly instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly instructions. Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-half cup of granulated soap in one gallon of water. The cast iron gland shall then be slipped on the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the gasket evenly positioned around the entire joint. The cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened alternately to produce an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with maximum torque as recommended by the manufacturer. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-5 Restraining Gasket Assembly Instructions: For cold weather assemblies, keep the temperature of the Gaskets above 40º F. For cut pipe, select pipe with diameters or circumferences at the cut location which conform to the table given below. For cut pipe, assure that a tapered bevel similar to the one furnished with the pipe is ground onto the end of the pipe. Measure the socket depth and make a mark on the pipe spigot that distance from the end of the pipe. This mark will indicate when the joint is fully “home”. Keep the joint in straight alignment during assembly, especially when handling fittings. Do not fully “home” the joint if joint deflection is required. Set the joint deflection after the assembly is made. Approximately twice as much assembly force may be required to assemble a Restraining Gasket into a joint than is required for a conventional push-on joint Gasket. Check for correct positioning of the restraining Gasket by inserting a feeler gauge in the space between the bell and the pipe OD in several locations around the socket to assure that the gasket is in proper position in the socket in accordance with the manufacturer’s instructions. Cleaning: A pipe swab shall be kept in the pipe at all times to prevent debris from entering the newly laid pipe. Whenever pipe laying operations are ceased, a watertight, inflatable plug shall be installed in the open end of the pipe to prevent ground water from entering the newly laid pipe. Incidental Items: Reaction Support: All plugs, caps, tees, wyes, and at bends deflecting 11-1/4o or more on pipe lines 6 inches in diameter, or larger, shall be given reaction support as hereinafter specified. Reaction support shall be of 3,000 lb. concrete bearing directly against undisturbed earth of the trench wall. Sufficient thrust block bearing area shall be installed to distribute the thrust into undisturbed earth at a rate not exceeding the allowable soil bearing value. Where conditions are such that the bearing value of the trench wall will not provide satisfactory support or where the angles or direction of pipe line deflections will not permit adequate thrust block restraint, the Contractor will be required to furnish and install restrained joints, American CIP "Fast Grip", U. S. Pipe "Field Lok", or equal, on each restrained mechanical joint of ductile iron pipe. Joint restraint gaskets may be used for restraint of underground push-on joints. Where restrained joints are used in lieu of thrust block restraint, at least three lengths of pipe in each direction from the turn shall be fitted with restrained joints also. After installation, any tie rod assemblies shall be fully field coated with coal tar bitumastic to prevent corrosion. Flanged Fittings shall be ductile iron in accordance with the requirements of AWWA Specification C110, coated and lined same as pipe. Flanges shall be faced and drilled to match AWWA C115 threaded-on flanges. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-6 HDPE PIPE: General: Before work is begun the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal and vertical curves, restrained joints, and all other specials and special joints. All curves shown and called with a radius <60° must be fabricated from HDPE pipe with a maximum of 7-1/2° per segment. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Underground: Underground pipe shall be High Density Polyethylene PE 3408 as manufactured by Driscopipe or Poly Pipe Industries, HDPE PE 3408 SDR 17, pipe size 34” O.D. The pipe shall conform to ASTM D3350 classification 345 434C, PE 3408 or other HDPE pipe conforming to AWWA C906 polyethylene piping system, O.D., D.R. 17, WPR=100 psi. Joints shall be by fusion in accordance with C906-90 or latest editions of the specification. Operators of the butt-fusion equipment must be certified by the manufacturer of the joining equipment or the manufacturer of the pipe for large diameter HDPE pipe. Detection Tape: Pipe installed underground shall be marked by the use of a continuous inert bonded layer plastic tape with a metallic foil core, buried in the pipe trench 24 inches below the surface. Tape shall be yellow, 2 inches wide with continuous imprinting; “CAUTION – PIPELINE BURIED BELOW”. Tape shall be Seton Metallic Lined, or equal. Detection wire shall be installed as shown in detail. CONCRETE: All concrete for encasement and reaction blocking shall have a minimum 28-day compressive strength of 3,000 psi. CONCRETE COLLARS, CRADLES, SADDLES, AND ENCASEMENT: Collars, cradles, saddles, or encasement shall be constructed of concrete with a minimum 28-day strength of 3,000 psi. CONNECTIONS TO EXISTING MAINS: The Contractor shall furnish and install all fittings and appurtenances necessary to make connections to the existing pipelines. The Contractor shall coordinate his activities with the Augusta Utilities Department so that the work can be accomplished in a manner and at such time that a minimum interruption of service will occur. The tapping sleeves and valves shall conform to the requirements of Section T- 7. The Contractor shall verify the material and size of the pipe line to be tapped or connected to. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-7 TESTING: General: After completion of the piping, it shall be tested for leaks in accordance with AWWA 600-82 and proved tight at 50 psig and at -12.9 psig. The Contractor shall provide, at his expense, all labor, supervision, pumps, measuring devices, power, miscellaneous equipment and water necessary for performance of all testing on all piping in accordance with the requirements of these specifications. Hydrostatic Tests: Pressure and Vacuum Test: After pipe has been laid and partially backfilled, all newly laid pressure pipe or any valved section thereof shall be subjected to the appropriate hydrostatic pressure based on the elevation of the lowest point in the line or section under test and corrected to the elevation of the test gage. The duration of each pressure test shall be at least one day (24 hours). Before applying the specified test pressure, all air must be expelled from the line. The Contractor will make any necessary taps and insert plugs after the test is completed. Upon completion of the pressure test the pipeline shall be subjected to a vacuum test. With the pipeline full of water, a negative pressure gage shall be installed in the pipeline connecting the test pump to the force main. The pressure test pump shall be reversed to apply a vacuum to the pipeline of 2 psi absolute pressure (-12.9 psi gage). Upon reading that pressure the connection to the pipeline will be shut off. The gauge shall read the pressure in the force main. The test shall be conducted for twenty four (24) hours. All exposed pipe fittings valves, and joints shall be carefully examined before backfilling. All defective joints shall be repaired or replaced to the satisfaction of the Engineer. Any cracked or defective pipe, joints, fittings or valves discovered in consequence of this pressure test shall be removed and replaced with sound material and the test shall be repeated until satisfactory to the Engineer. Leakage Test: The duration of each leakage test shall be two hours, and during the test the main or section of the main under test shall be subjected to the above noted pressure based on the lowest point in the line or section under test and corrected to the elevation of the test gage. Leakage is defined as the quantity of water to be supplied into or withdrawn from the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test pressure after the air has been expelled and the pipe has been filled with water at the test pressure. No pipe installation will be accepted until leakage is less than the number of gallons per hour as determined by the formula 148 PDL L = Allowable leakage in gallons per hour/1000 feet D = The nominal diameter of the pipe in inches P = The average test pressure during the leakage test in pounds per square inch gage(absolute value of number) The computed maximum leakage for the total length of force main is as follows: Pressure Test: 39 gallons, vacuum test: 10 gallons. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-8 MANHOLES: General: Manholes shall be constructed with cast iron frames and covers. The base and invert channels of the manhole shall be constructed of 4000 psi concrete. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the size of the manhole will permit. Precast Concrete Manholes: All precast concrete structures shall be manufactured in a plant that is certified through the National Precast Concrete Association (NPCA). All manholes shall be precast concrete structures consisting of a precast base section, riser sections, eccentric cone section, and frame and cover. Manholes shall have a minimum depth of 6’. All manholes up to a depth of 16’ shall have a minimum inside diameter of 4’-0”. All manholes greater than 16’ deep and up to a maximum depth of 23’ shall have a minimum inside diameter of 5’-0”. Manholes with a depth greater than 23’ are not permitted. Brick manholes or adjustments made using brick are not permitted. Joints in risers shall be sealed with a mastic gasket similar and equal to Henry Company “Ram-Nek”. Precast manholes shall be as manufactured by Hanson, Foley, Tindall, or Georgia-Lina. Manhole Steps shall be installed in all sections of each manhole. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damages to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. The first step shall not be greater than 2’-0” below the finished grade of the frame and cover. Steps shall be located only on the vertical inside face of eccentric cones and shall be aligned with the steps in the lower sections. Manhole steps shall be 1'-0" O.C., grade 60 carbon steel and covered with copolymer polypropylene plastic. Steps shall not be installed over pipe openings. Manhole steps shall be as manufactured by MA Industries, Inc. #PS1-PF or approved equal. Manhole Frames and Covers: General: Frames and covers should have a 22” clear opening and be a round opening type. Manhole frames and covers in improved areas or streets shall be set flush with the finished grade; the Contractor shall set and adjust manhole frames and covers as necessary to meet this requirement. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set one (1) to two (2) feet above the existing ground, unless otherwise directed. The word "SANITARY SEWER" shall be cast on the cover. The frames shall be cast into the manhole cones. All manholes installed within the 100 yr Flood Plain shall be a water tight frame and cover. Standard Frames and Covers: Frame and covers shall be round built up type and weigh approximately 285#. Frame and cover shall be designed for heavy duty loading conditions. Frame height shall be 7-1/2” tall and as manufactured by US Foundry USF 668 KL or USF 924 approved equal. Covers shall have two pick holes and no vent holes. SECTION TS6G FORCE MAIN 0802-01R TS-06G Force Main TS6G-9 Watertight Frames and Covers shall be similar and equal to standard frames and covers specified above in all respects except that covers shall be gasketed and bolted to the frames. Gaskets shall be 1/8 inch thick rubber and bolts shall be 1/2 inch diameter hex head brass cap screws, minimum 6 bolts. Bolt holes in cover shall be counter bored for bolt heads. CLEAN-UP: Upon completion of the installation of the water lines and appurtenances, all equipment and debris remaining as a result of the Contractor's operations shall be removed from the site of the work. PAYMENT: Payment for force main and fittings will be made on the basis of the applicable unit prices as set forth in the Bid. Measurement to determine the length of force main for payment shall be along the centerline of the various sizes furnished and installed, from center to center of fittings, with no deductions for the space occupied by valves or fittings. The payment shall cover all costs of every kind required for clearing and grubbing, excavation, pavement removal, any damage to house service lines, water meters or relocating service lines or water meters, maintenance of driving surfaces, backfill, protection of utilities, cleaning up, restoration grassing, erosion control, sediment containment, furnishing the materials, installation, disinfection, testing and completing the installation. Carrier pipe involved in underground crossings will be paid for under the applicable lump sum price for each crossing and will not be included in the measurement for payment under this section of the specifications. Except as specifically set forth in the Payment paragraph of Section T-2 of these specifications, all excavation, trenching, backfilling, and other related work necessary for the completion of the work will be considered a subsidiary responsibility of the Contractor and no separate payment will be made therefore. Payment for ductile iron fittings will be made on the basis of published weights of compact cast iron or ductile iron mechanical joint fittings less accessories. HPDE joints will be included in the price of the pipe in the Bid. Payment for connections to existing lines shall cover all costs associated with increasers, reducers, installation and connection to the existing lines. No separate payment will be made for removal of existing plugs or blocking incidental in connecting new line to existing water line. Payment for AC Water Main Crossing Treatment shall include all labor, equipment and materials, dewatering and testing necessary for the complete installation of the treatment. No other separate payment will be made for work included in this section of the specifications and all costs associated therewith shall be included in the appropriate lump sum or unit price item in the Bid as a subsidiary obligation of the Contractor. SECTION TS6I UNDERGROUND CROSSINGS OF HIGHWAYS AND RR’S 0802-01R TS-06I Underground Crossings of Highways and RR'sTS6I-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials and in performing all operations in connection with the installation of dry bored and jacked underground crossings as shown on the drawings complete, in strict accordance with the specifications and the applicable plans, and subject to the terms and conditions of the contract. GENERAL: Work on road, street or highway right-of-way shall be under the supervision of the Chief Engineer of the agency, or his authorized representative who shall be notified at least 15 days before actual work on the installation is started. BORE AND JACK: Force Main: Underground crossings for the force main shall consist of a carrier pipe installed in a casing pipe. The casing pipe shall be installed under the roadbed by dry boring and jacking. The carrier pipe shall be pushed through the casing pipe spiders securely fastened to the carrier pipe, or in the case of HDPE carrier pipe, without pipe spiders. WATER LINES: Underground crossings for water lines shall consist of a carrier pipe installed in a casing pipe. The casing shall be installed under the roadbed or railway by dry boring and jacking. The carrier shall be pushed through the casing pipe on casing spacers securely fastened to the carrier pipe. CASING: Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000 psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the tabulated pipe data in lieu of any coating and wrapping requirement. CARRIER PIPE: WATER LINES: The carrier pipe for the water lines shall be restrained ductile iron pipe conforming to the requirements of the WATER LINES section of the Specifications. Force Main: The carrier pipe for force main shall be a pipe conforming to the requirements of the Force Main section of the Specifications. Gaskets shall be restrained joint type. Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on spiders securely fastened to the carrier pipe or in the case of HDPE carrier pipe, without pipe spiders. The jacking operation shall utilize soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to the forces from the jacking device. Any damaged pipe shall be cut off and removed from the site. After the carrier pipe has been checked and tested, the casing pipe shall be filled with sand and the ends sealed with pull on rubber seals. SECTION TS6I UNDERGROUND CROSSINGS OF HIGHWAYS AND RR’S 0802-01R TS-06I Underground Crossings of Highways and RR'sTS6I-2 ABORTED BORES: Unsuccessful bore and jack installations which must be abandoned because of failure to meet alignment and/or grade requirements, bore and jack attempts frustrated by obstructions, or otherwise unusable bore and jack installations shall be completely filled with concrete or flowable fill. The steel casing may be left in place or withdrawn simultaneously with the filling of the hole with concrete. Relocation for additional bore and jack attempts shall be made after consultation with the Engineer. Casing Spacers: Casing Spacers shall be Collins stainless steel Carrier pipe supports, Advanced Products & Systems (APS) Model SSI Casing Spacers or approved equal appropriate for installation. Casing Spacers, nuts, and bolts shall be heavily coated with the manufacturer’s Bituminous paint or shall be stainless steel. Pressure grouting where a bore and jack is called to be pressure grouted, the Contractor shall cement pressure and grout any void outside the casing at eight foot intervals along the top of the casing. If the injection point accepts grout, then injections will be provided at four foot intervals. Pressure cement grouting shall conform with Specification GA D.O.T. Section 450. PAYMENT: Payment for force main and water line under highways within the payment limits shall be made on the basis of the applicable lump sum prices for the crossings listed in the Bid, complete, including carrier pipe, casing pipe, casing spacers (if applicable) and all other incidental items of work involved. Payment for Aborted Bores shall be made on the basis of the unit price in the Bid for the measured length of the aborted bore filled with concrete, complete in place. To qualify for payment, the aborted bore shall have resulted from obstructions encountered through no fault of the Contractor. SECTION TS7 VALVES AND HYDRANTS 0802-01R TS-07 Valves and Hydrants TS7-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation of the valves and appurtenances complete, in strict accordance with this section of the specifications and the applicable plans and subject to the terms and conditions of the Contract. GENERAL: All valves and hydrants and accessories furnished by the Contractor for incorporation into the work shall be new, unused, and of the type specified herein. Those valves for buried service shall be furnished with mechanical joint connections and those valves for above-ground service shall have flanged or screwed joints. All valves shall be opened by turning counter-clockwise and shall have an arrow cast into the metal of the operating nut or on the handle or wheel to indicate direction of opening. Each valve shall have the identifying mark of the manufacturer, year of manufacture and the pressure rating cast on the body. GATE VALVES: Gate Valves shall be of the resilient seat type designed for a minimum working pressure of 250 psi. Valves shall have flanged ends, bell or spigot ends, mechanical ends or screwed joints as required for the piping in which they are installed. Gate valves shall have a clear waterway equal to the full normal diameter of the pipe and shall be opened by turning counterclockwise. The operating nut or wheel shall have an arrow cast in the metal indicating the direction of opening. Each valve shall have the initials of the maker, pressure rating and year of manufacture, cast on the body. Prior to shipment from the factory, each valve shall be tested by hydraulic pressure equal to twice the specified working pressure. All valves shall use O-ring seals. Gate valves 2 inches and larger shall be iron body, brass mounted and shall conform to the specifications for Gate Valves for Ordinary Water Works Service, C500- 61, by the AWWA. Valves smaller than 24 inches to be installed underground shall be non-rising stem type with 2-inch square operating nut. Gate valves located inside structures shall be non-rising stem type with hand wheel or operator as required. Valves smaller than 2 inches shall be stainless steel ball valves. All valves larger than 16” shall be fitted with gear operators. CHECK VALVES: Check Valves 3 inch size and larger shall be wafer style double door type, 125 lb. iron body, aluminum bronze doors, stainless steel hinge pin, spring, and stop pin, bronze seat and raised face, APCO 9000 series, Gulf Valve Company Water Check or equal. Check valves 2 inch size and smaller shall be 150 lb. bronze with bronze seat, Buna-N disc, threaded ends, Milwaukee No. 510S, or equal. Flap Check Valve shall be Val-Matic Surgebuster or approved equal. SECTION TS7 VALVES AND HYDRANTS 0802-01R TS-07 Valves and Hydrants TS7-2 BALL VALVES: Ball Valves in Steel Pipe shall be stainless steel, 150 psi, screwed pattern, Nibco T-595-S6-R-66, or equal. Ball Valves in PVC Pipe shall be PVC, true union, full port, 150 psi, Teflon seat, Viton seal. Valves 3 inches and larger shall be ANSI B16.5 flanged; 2 inch and smaller shall be socket end, Nibco, or equal. AIR AND VACUUM RELEASE VALVES: Air valve shall be a Ventomat Model 050RGXv1021 Air Valve as manufactured by Mulric Hydro Projects, Ltd. Or approved equal. Height from bottom of inlet flange (excluding studs) to the very top of the valve must be restricted to not more than 34 inches. The valve must not allow air back in the pipeline. VALVE APPURTENANCES: Valve Boxes: All underground valves shall be installed with cast iron valve boxes having a suitable base and shaft extension sections to cover and protect the valve and permit easy access and operation. Extension stems and position indicators for underground butterfly valves shall be as specified under "Manual Operators" for Butterfly Valves. Box assemblies shall be Clow Figure F-2450, Grinnell, Mueller, or an approved equal. The word WATER shall be cast on covers for valve boxes on potable water lines only. Floor Stands for valves shall include a position indicator and shall be furnished by the valve manufacturer as a component of the valve assembly. Stems and Extension Stems and the stem couplings shall all be of suitable length and diameter as required for the service and shall be bronze unless otherwise indicated and have all-weather covers. Stem Extension is required for gate valves or tapping valves deeper than 7’-0”, a stem extension shall be added to the valve stem to bring the 2” operator nut to within 5’-0” of finished grade. All stem extensions shall be bronze bar stock with a bronze or stainless steel connector to the valve stem. The connector shall be fitted with a shear pin and locked into place. Stem Guides shall be high strength cast iron with bronze bushing, size as suitable for the service intended, and shall be similar and approved equal to Clow F-5660. Handles and Handwheels shall be of the size, diameter and length normally supplied for the valves to which they are attached. Installation: Valves and valve boxes shall be installed on the lines as indicated or as directed by the Engineer. Valves and valve boxes shall be plumb and valve boxes shall be centered directly over the valves. Earth fill shall be carefully tamped around valve boxes to 3 feet on all sides or to the undisturbed face of the trench if less than that distance. Valves shall have the interiors cleaned of all foreign matter before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both opened and closed SECTION TS7 VALVES AND HYDRANTS 0802-01R TS-07 Valves and Hydrants TS7-3 positions to see that all parts are in working condition. All piping and valves shall be properly and adequately supported to prevent movement or undue strain on the piping and equipment. Valve boxes for underground valves shall have 12 inch square by 4 inch thick concrete pad cast around them with the top of the pad 2 inches above finished grade. HYDRANTS: The contractor shall furnish and install hydrants in conformance with the following requirements: Materials: Hydrants shall be cast iron, fully bronze mounted designed for 250 psi working pressure, and shall conform to the requirements of AWWA C502. Hydrants shall be suitable for connection to pipe having a minimum of 48 inch cover. Stem and barrel extensions shall be installed where necessary to bring the hydrants to an approved mounting height. Hydrants shall have a minimum valve opening of 5-1/4 inches, and shall be equipped with two 2-1/2 inch hose nozzles and one 4-1/2 inch pumper nozzle, with National Standard Hose Thread, and shall be Mueller Super Centurion 250, M & H Style 129 or American Flow Control # B84B. Each hydrant shall have the standard red enamel paint finish. Installation: Hydrants shall be set plumb and at such elevation that the connecting pipe shall have at least 48 inch cover plus ½ the diameter of the water line over the pipe. 5’-0” bury depth. The entire fire hydrant assembly shall be restrained joints. The top of the hydrant operating nut shall be a minimum of 32” higher than finish grade. The Contractor shall furnish and install a fire hydrant extension if the water line is installed deeper than the minimum depth and at no additional cost to the Owner. Earth fill suitable for backfill as previously defined, shall be carefully placed in 6 inch layers and to 3 feet on all sides, or to the undisturbed face of the trench if nearer, and carefully tamped. Not less than 7 cubic feet of crushed or broken stone shall be placed around the base of the hydrant to insure drainage. The interior of the hydrant shall be thoroughly cleaned of all foreign matter prior to installation, and after installation, each hydrant shall be operated to assure proper operation. The 6 inch auxiliary valve shall be independently secured to the hydrant and main line tee. Concrete blocking will not be permitted. End line hydrant installation detail shall be submitted to Engineer for approval. The fire hydrant assembly will be completely restrained from the water line to the fire hydrant. PAINTING AND TESTING: All surfaces of the valve shall be clean, dry and free from grease before painting. The valve surfaces except for seating, shall be evenly coated with a suitable primer to inhibit rust or black asphalt varnish in accordance with Federal Specification TT-V-51C. AFFIDAVIT OF COMPLIANCE: Upon completion of manufacture, the Vendor shall provide to the Owner an "Affidavit of Compliance" in accordance with AWWA C504 or C500 as applicable. SECTION TS7 VALVES AND HYDRANTS 0802-01R TS-07 Valves and Hydrants TS7-4 PROOF-OF-DESIGN TEST: Vendor shall include with his submittal certified copies of Proof-of-Design Tests in accordance with AWWA C 504 or C500 as applicable. INSTALLATION OF VALVES AND VALVE BOXES: Valves and valve boxes shall be installed where indicated or as directed by the Engineer. Valves and valve boxes shall be plumb and valve boxes shall be centered directly over the valves. Earth fill shall be carefully tamped around valve boxes to 3 feet on all sides or to the undisturbed face of the trench if less than that distance. Valves shall have the interiors cleaned of all foreign matter before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both opened and closed positions to see that all parts are in working condition. All piping and valves shall be properly and adequately supported to prevent movement or undue strain on the piping and equipment, and shall have cast concrete collars at grade. Tapping Sleeve: Tapping sleeve shall be of split mechanical joint design with separate end and side gaskets. The fitting shall be constructed of high strength steel, ASTM 283 Grade C or ASTM A-36. The mechanical joint end dimensions shall conform to AWWA Standard C-110. Inside and outside surfaces of the sleeve shall receive a fusion bonded epoxy coating conforming to AWWA C550. Tapping Sleeves shall be JCM 414 Mechanical Joint Tapping Sleeve or approved equal. Tapping Sleeve shall be ANSI/NSF 61 Standard Certified. The Contractor shall have the tapping sleeve supplier present for the installation inspection. The tapping sleeve supplier shall provide a Certificate of Installation to the owner. Tapping Valve: The tapping valve shall be a gate valve and shall conform to the valve requirements of the specifications. The valve shall be fitted with a tapping flange on one side. The flange shall be furnished with an aligning lip and drilled and faced to match the tapping sleeve. The valve shall be furnished with a special gasket designed for the tapping flange. Installation: The Contractor shall verify the material and size of the carrier pipe to which the connection is to be made. The tap shall be made per Bypass piping construction procedure. The connection shall be made perpendicular to the carrier pipe and shall be horizontal. Performance: Contractor shall provide adequate support for tapping sleeve and tapping valve such that the original seating of tapping sleeve on the 48” DIP shall not be disturbed after completion of the work. Means and Methods of supporting the 36” tapping valve to prevent movement of mechanical joint tapping sleeve shall be provided by the contractor. TESTING AND CLEAN-UP: Testing and clean-up shall be performed in accordance with the provisions of Section T-4 of these specifications. All valves shall be in place when lines are tested. Any cracked or defective valves discovered in consequence of the testing shall be removed and replaced with sound material and the test shall be repeated until a satisfactory test is achieved. SECTION TS7 VALVES AND HYDRANTS 0802-01R TS-07 Valves and Hydrants TS7-5 SHOP DRAWINGS AND DATA: Six sets of vendor shop drawings, installation and maintenance manuals, test data and other documentation shall be submitted in accordance with the Supplementary Conditions of these Specifications. PAYMENT: Payment for air release valves shall be for the complete installation as shown in detail, complete and in place. Payment for all other items covered by this section of the specifications shall be paid in accordance with the bid item list. No other separate payment will be made for the work by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the bid list. All work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. SECTION TS7D CONTROL VALVES 0802-01R TS-07D Control Valves TS7D-1 SCOPE: The work covered by this section of the specifications consists of furnishing all labor, materials, equipment and incidentals required to install, test and make ready for operation, plug valves and actuators with water fitted hydraulic cylinders. The valves and actuator system shall be located as shown on the drawings and are as follows:  V1, Discharge, 20” with Hydraulic Actuator  V2, Siphon Line, 20” with Hydraulic Actuator  V3, Pump Prime Line, 8” with Hydraulic Actuator DESIGN REQUIREMENTS: Each plug valve shall be used as a shutoff and check valve to prevent back flow through each line when that line is not in operation. The valve manufacturer shall be responsible for providing a complete and operable system. FACTORY TESTING: Each valve shall be fully assembled in the shop prior to testing. Test heads shall be bolted to each waterway flange and with the plug in a partially open position, each valve shall be tested hydro-statically at a test pressure equal to twice the specified shutoff pressure (not to exceed 100 psi). This test pressure shall show no evidence of structure failure, seeps or leakage at any point. Each set of valve seats shall also be tested for leakage, with one test head removed and the plug closed. A test pressure equal to the specified working pressure shall be applied and maintained for 15 minutes, during which time the leakage through the valve shall not exceed 0.03 gallon per minute per foot of valve waterway diameter. After complete assembly, each valve shall be opened and closed at least three times. Each complete valve and control assembly shall be operated as a unit. SUBMITTALS: Submit six (6) copies of shop drawings and engineering data for approval in accordance with the requirements of the Supplementary Conditions of these specifications. Installation, operation, and maintenance manuals shall be furnished in accordance with the requirements of the Supplementary Conditions of these specifications. SECTION TS7D CONTROL VALVES 0802-01R TS-07D Control Valves TS7D-2 STORAGE AND PROTECTION: The equipment shall be stored and protected in a clean dry environment by the contractor. QUALITY ASSURANCE: The manufacturer shall provide the Engineer with written certification that all products furnished comply with all applicable requirements of these specifications. MATERIALS AND CONSTRUCTION: General: The equipment covered by these specifications is intended to be standard equipment of proven ability, as manufactured by reputable concerns having long experience in the production of such equipment. The equipment furnished shall be designed, constructed and installed in accordance with the best practice and methods and shall operate satisfactorily when installed as shown on the drawings. The equipment shall be designed and built for 24 hour continuous service at any and all points within the specified range of operation without overheating, cavitation and excessive vibration or strain. All parts shall be designed and proportioned as to have liberal strength, stability and stiffness and to be especially adapted for the work to be done. Ample room and facilities shall be provided for inspection, repairs and adjustments. Stainless steel nameplates giving the name of the manufacturer, serial number, model number and all other pertinent data shall be attached to each valve and actuator. Plug Valves: Valves shall be 90 degree turn non-lubricated eccentric type with resilient faced plugs. Design of the valve shall provide that contact between the seat and the plug shall only occur in the final degrees of plug movement. Valves shall be suitable for throttling service and service where valve operation is infrequent. Valves shall provide drip-tight shutoff up to full pressure rating with pressure in either direction. Pressure ratings shall be established by hydrostatic tests conducted in accordance with ANSI B16.1. Valves shall be rated at a minimum of 150 psi. Port area shall be equal to at least 80 percent of the full pipe area. Bodies shall be cast-iron, conforming with ASTM A 126 Class B. All exposed nuts, bolts, springs, washer, etc. shall be zinc coated in accordance with ASTME B 151, Class 125. Flanged valves shall have ANSI 125 pound standard flanges. SECTION TS7D CONTROL VALVES 0802-01R TS-07D Control Valves TS7D-3 Valve seats shall be raised; welded-in overlay of not less than 90 percent pure nickel, machined to mate with the resilient faced plug. Overlay shall be a minimum of 1/8-inch thick. The plug shall be of semi-steel, conforming to ASTM A 126 Class B. Plug facing shall be a synthetic rubber compound of approximately 70 durometer hardness bonded to the plug. Facing material shall be abrasion resistant and suitable for service in sewage applications. Valves shall be furnished with replaceable sleeve-type bearings in the upper and lower journals. Bearings shall comply with applicable requirements of AWWA C 507. Bearings materials shall have a proven record of service of not less than five years. The valve body shall be fitted with a bolted bonnet incorporating a stuffing box and pull-down packing gland. Pacing shall be the split chevron type. Design of exposed valves shall allow visible inspection of the shaft seal, adjustment of the packing, and replacement of the packing, all without disturbing the bonnet or valve operator. The shaft seal shall comply with the requirements of AWWA C 504. Valves shall be equipped with double-acting water hydraulic cylinder actuated operators for operation on 50 psi minimum cylinder supply. The operators shall be capable of closing the valve against the ultimate pump shutoff head of 81 feet. The operators shall be designed to operate against 1 psi back pressure on the cylinder discharge. Operators shall be scotch-yoke or rack and gear type and shall be enclosed, running in oil, with seals provided on all shafts to prevent entry of dirt and water into the operator. All shaft bearings shall be permanently lubricated bronze bushings. Operator shall clearly indicate valve position and an adjustable stop shall be provided to set closing torque. Construction of operator housing shall be semi-steel. All exposed nuts, bolts and washers shall be zinc plated in accordance with ASTM A 153. Operators shall be equipped with mechanical means to isolate the cylinder actuator from the gear operator so that the valve can be operated through the gear operator without disconnecting hydraulic lines. Cylinder actuated operators shall comply with requirements of AWWA C 540. Each operator shall be equipped with a 4-way and a 2-way solenoid valve suitable for 120 VAC operation. Each valve operator shall be equipped with limit switches for fully open, partially open, and fully closed positions. Each limit switch shall be provided with a dry contact for remote indication of valve position. Valve Control Devices: Limit Switches: 120 VAC, double pole, silicon bronze body, NEMA 4X and NEMA 7, watertight corrosion resistant, and hazardous location. Equal to Cutler- Hammer Type CBX. Solenoid Valves: 120 VAC, watertight and explosion-proof body, forged brass. Equal to ASCO Red Hat Bulletin 8223 for 2-way solenoid valve and Bulletin 8344 for 4-way solenoid valve. SECTION TS7D CONTROL VALVES 0802-01R TS-07D Control Valves TS7D-4 VALVE OPERATION AND CONTROL FUNCTION: Cylinders shall be furnished with necessary accessories and controls required to accomplish the functions as described in the “Functional Descriptions” in Section 17D of these specifications. TOOLS AND SPARE PARTS: One set of all special tools required for normal operation and maintenance, shall be furnished in a suitable steel tool chest, complete with lock and duplicate keys. All spare parts shall be properly protected for long periods of storage and packed in containers which are clearly identified with indelible markings as to contents. INSTALLATION: Installation shall be in strict accordance with the manufacturer’s instructions and recommendations in the locations shown on the drawings. Supports shall be provided in accordance with the contract drawings and the manufacturer’s approved shop drawings. SURFACE PREPARATION AND SHOP PAINTING: All surfaces shall be prepared and shop primed as part of the work under this section. Surface preparation and shop priming shall be as specified in Section T8 of these specifications. FIELD PAINTING: Field painting is specified under Section T8 of these specifications. The primer and paint used in the field shall be products of the same manufacturer as the shop primer to assure compatibility. All name plates shall be properly protect during painting. Gears, bearing surfaces and other similar surfaces obviously not to be painted, shall be given a heavy shop coat of grease or other suitable rust- resistant coating. This coating shall be maintained as necessary to prevent corrosion during periods of storage and erection and shall be satisfactory to the OAR up to the time of the final acceptance test. INSPECTION AND TESTING: The Engineer shall have the right to inspect, test or witness tests of all materials or equipment to be furnished under these specifications, prior to their shipment from the point of manufacturer. The Engineer shall be notified in writing and in ample time prior to initial shipment so that arrangements can be made for inspection by the Engineer. SECTION TS7D CONTROL VALVES 0802-01R TS-07D Control Valves TS7D-5 The Engineer or representative shall be furnished all facilities, including labor, and shall be allowed proper time for inspection and testing of materials and equipment. Materials and equipment shall be tested or inspected as required by the Engineer, and the cost of such work shall be included in the cost of the equipment. The Contractor shall anticipate that delays may be caused because of the necessity for inspection, testing and accepting materials and equipment before their use is approved. When fully shop assembled, each valve shall be submitted to leakage test with valve in closed position and seats under maximum working pressure, leakage shall be negligible. Each valve, when fully shop assembled, shall be given at least two operational tests. The valve and its respective controls shall be operated as a unit to test the function of control. Field tests shall not be conducted until such time that the entire installation is complete and ready for testing. MANUFACTURER SERVICE: The Contractor shall submit a certificate from the equipment manufacturer stating that the installation of the equipment is satisfactory, that the equipment is ready for operation and that the operating personnel have been suitably instructed in the operation, lubrication and care of each unit. The equipment manufacturer shall furnish the services of a competent and experienced representative, having complete knowledge of proper operation and maintenance of the equipment, for a period of not less than seven days, in two separate visits, to inspect the installed equipment, supervise the initial test run, and to provide instructions to the Owner’s personnel. ACCEPTABLE MANUFACTURERS: Plug valves shall be a as manufactured by DeZURIK, or approved equal. PAYMENT: No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. E N G I N E E R S SECTION T14A CHANNEL GRINDER 2008-01 T14A T14A-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation of the Channel Grinder and appurtenances complete, in strict accordance with this section of the specifications and the applicable plans and subject to the terms and conditions of the Contract. GENERAL: The Contractor shall install Channel Grinder as shown on drawings. Channel Grinder shall be stainless steel and manufactured by a maker who has supplied similar apparatus in wastewater treatment plants successfully for five years. OPERATING CONDITIONS: Maximum flow 3.6 USMGD Channel width 24 inches DESCRIPTION: The grinder unit shall consist essentially of a mechanism and drive, and structural frame, and shall be factory assembled and tested prior to its delivery. Design shall be such that all maintenance to the mechanism can be performed from the operating level. Grinder shall be JWC Environmental Model CMD-2410 or approved equal. Screens/drums, Grinder, and Motor Controller shall meet the requirements of the following industry standards: 1. National Electrical Manufacturer’s Association (NEMA) Standards 2. National Electrical Code (NEC) 3. Underwriters Laboratory (UL) Guide rails fabricated of 136 stainless steel shall be provided. guide rails shall adapt channel width to grinder and shall be arranged to provide easy removal of grinder unit to top of flow channel. Fabricate from 2x2x 1/4 inch angles, 2x2x1/4 inch tubing, all stainless hardware and attachments to concrete channel. Hydraulic Power Unit Shall be Provided as Follows:  Provide overload protection for Grinder.  3000 PSIG design, 200-400 PSIG operating pressure.  Peak operating pressure 2000 PSIG.  Pressure switch set at 2850 PSIG.  Automatic reversing upon excess pressure.  Automatic return to operating conditions.  Automatic shutdown and alarm after 9 reversals in 45 seconds. E N G I N E E R S SECTION T14A CHANNEL GRINDER 2008-01 T14A T14A-2 Components Shall be Provided as Follows:  Oil reservoir  Hydraulic oil pump  5 HP TEFC motor  Gauges and filters  Oil temp limit switch  Oil level switch  Solenoid valve  Relief valve  Pressure gauge  Strainer  3500 PSIG rated flexible hose.  Hydraulic fluid MOTOR CONTROL: The controller shall be the supplier’s standard UL listed Model PC2240. The controller shall be equipped with a HAND-OFF/RESET-AUTO three-position selector switch. In OFF/RESET the grinder shall NOT run. In HAND the grinder shall run. In AUTO the grinder start and stop will be controlled by a remotely located dry contact. When the grinder jam condition occurs in either the HAND or AUTO mode the controller shall stop the grinder and reverse its rotation to clear the obstruction. If the jam is cleared, the controller shall return the grinder to normal operation. If the jam condition still exists, the controller shall go through eight additional reversing cycles within 45- seconds (nine-times total) before signaling a grinder overload condition. When a grinder overload condition occurs the controller shall shut the grinder off and activate a fail indication and relay. If the grinder is stopped due to a fail condition and a power failure occurs, the fail indicator shall reactivate when power is restored. Controller reset shall be from the controller only. The controller shall provide overcurrent protection for the hydraulic power unit oil pump motor through an overload relay mounted directly on the oil pump motor starter. The controller shall have indicator lights for POWER ON, RUN, GRINDER OVERLOAD, MOTOR OVERLOAD, OIL OVERTEMP, and LOW OIL LEVEL conditions. The controller shall be rated 5-HP, 460-volts, 3-phase, 60-Hz. Short circuit protection requires that a properly sized circuit breaker or fuses be installed by others. E N G I N E E R S SECTION T14A CHANNEL GRINDER 2008-01 T14A T14A-3 Enclosures shall be fabricated of fiberglass reinforced polyester resins and shall be suitable for wall mounting. Doors shall have hinges and corrosion resistant latches. Each enclosure shall be NEMA 4X rated and house the control devices, relays, terminal blocks, and non-reversing motor starter. Pilot devices shall be mounted on the enclosure front panel. Indicators shall be integral transformer type with low voltage long life 6- volt lamps. Lamps and selector switches shall be heavy duty NEMA 4X type. Two sets of contacts shall be included. One for a FAIL signal output and one for a RUN signal output. The contacts shall be rated 10-amp, 240-VAC, resistive load. A non-reversing contactor type motor starter shall be provided for the hydraulic pump oil motor. The overload (OL) relay shall be adjustable so that the range selected includes the FLA (full load amps) rating and service factor. The motor controller shall be shipped unmounted, and shall be installed in the MCC Room as shown on the drawings. The contractor shall furnish and install a disconnect switch on the steel frame to be furnished with the pump set. The disconnect switch shall be non-fused, 480 volts, 30 amp, 3 pole, with an auxiliary contact to open control circuit, in a NEMA 4X enclosure. The contractor shall install interconnecting wiring in accordance with the vendor’s wiring diagrams and as shown on the drawings. SPARE PARTS: The manufacturer shall maintain a complete inventory of spare parts within 250 miles of the plant site. The manufacturer shall provide an exchange program so that a replacement cutter cartridge assembly can be at the plant site before removing an operating unit from service. The manufacturer shall provide the service of rebuilding a cutter cartridge assembly for only the cost of the parts supplied. FACTORY TEST: Each grinder and controller shall be factory tested to ensure satisfactory operation. INSTALLATION: Channel Monster grinder and controller shall be installed in accordance with the suppliers installation instructions and in compliance with all OSHA, local, state, and federal codes and regulations. E N G I N E E R S SECTION T14A CHANNEL GRINDER 2008-01 T14A T14A-4 FIELD QUALITY CONTROL: Supplier shall provide the services of a factory trained representative to check installation and to start-up each Channel Monster. Factory representative shall have complete knowledge of proper installation, operation, and maintenance of equipment supplied. Representative shall inspect the final installation and supervise a start-up test of the equipment. SHOP DRAWINGS AND DATA: Six copies of vendor shop drawings, installation and maintenance manuals, and other documentation shall be submitted in accordance with the Supplementary Conditions of these specifications. PAYMENT: No separate payment will be made for work covered in this section. SECTION TS14E SUBMERSIBLE PUMP 0802-01R TS-14E Submersible Pump TS14E-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and performing all operations in connection with the furnishing, testing and initial operation of the pumping and electrical equipment, complete with all appurtenances, in strict accordance with this specifications and the applicable drawings, and subject to the terms and conditions of the contract. The pumps and motors specified herein and the motor control center and controls specified in THE INSTRUMENTATION AND CONTROL EQUIPMENT, Section T17 of these specifications shall be furnished by one supplier to make a completely coordinated installation. PUMPING EQUIPMENT: GENERAL: Standard Products: The equipment furnished under this section of the specifications shall be standard products in regular production by manufacturers who are regularly engaged in the production of equipment of this type, and who have produced such units which have been in satisfactory and successful wastewater treatment plant works operation for a period of at least five years. Pumps: Furnish two (2) submersible non-clog pumps meeting the following performance requirements. The pump’s submersible electric motor shall be capable of operation on 460 Volts, three (3) phase, 60 Hz service. The motor shall be supplied with properly sized electric submersible power cable and control cable sized in accordance with NEC standards. Capacities (GPM) TDH (Feet) Minimum Efficiency (%) 2000 45.0 - - 2600 35.0 58% 3000 28.0 - - Shut Off 60.0 - - Two pumps will be installed. The pumps shall be Ebara Inc. Model 300DLFU6374 (1770 RPM) explosion proof submersible pumps or equal Model from KSB or Flygt. The pumps shall include 50 H.P. VARIABLE FREQUENCY CONTROLABLE motors and 30 ft. long power and control cable. Referenced Standards: American Iron & Steel Institute (AISI) American Society for Testing and Materials (ASTM) Factory Mutual (FM) Hydraulic Institute Standards for Centrifugal, Recip, Pumps (HI) National Fire Protection Association (NFPA) National Electrical Code (NEC) SECTION TS14E SUBMERSIBLE PUMP 0802-01R TS-14E Submersible Pump TS14E-2 National Electrical Manufacturers Association (NEMA) Anti-Friction Bearing Manufacturers Association (AFBMA) WARRANTY: The pump manufacturer shall warrant the pump and motor to the OWNER against defects in workmanship and materials for a period of seven (7) years under normal use and service for municipal Wastewater Sewerage System Lift Station applications. The pump manufacturer’s warranties shall be in published form and shall apply to all similar units. A copy of each warranty shall be provided to the OWNER. PUMP DESIGN: The pump’s design shall allow for removal and reinstallation of the pump without the need for personnel to enter the confined space of the wet well and without the removal of bolts, nuts or other fasteners. The pump shall connect to a permanently mounted discharge connection by simple downward motion, without rotation, guided by at least two non-load bearing Type 316 stainless steel guides. No part of the pump shall bear directly on the floor of the wet well. Each pump shall also be supplied with a tall stainless steel bail permanently affixed to the pump top. This bail shall have a distance of not less than twenty-four (24) inches between the pump and top of the bail. The bail shall be arranged so as to allow a crane to attach directly to the pump and to lift the pump out of the pit in one motion. PUMP CONSTRUCTION: Pump casing and motor housing shall be of at minimum ASTM A48 Class 35 cast iron with smooth surfaces devoid of blow holes and other irregularities. Impeller and intermediate housing shall be manufactured of Nickel, Manganese, Molybdenum Cast Iron having a brinnell hardness of 300. Chemical Composition: Carbon 3.0 – 3-5% Silica 1.2 – 2.0% Manganese 0.7 – 1.0% Nickel 1.8 – 2.2% Molybdenum 0.6 – 0.9% All exposed fasteners shall be ASTM A 276 Type 316Ti stainless steel. Mating surfaces between components where watertight integrity is critical shall be machined and fitted with Nitrile Rubber or Viton O-rings. No secondary sealing compounds, greases, or other devices shall be used. COOLING SYSTEM: The motor shall be adequately sized and designed so that integrally cast motor cooling fins have sufficient surface area to allow the motor to run continuously in submerged or partially submerged conditions without the need for internal oil circulation systems. The motor’s design shall allow it to SECTION TS14E SUBMERSIBLE PUMP 0802-01R TS-14E Submersible Pump TS14E-3 be capable of running for extended periods in a dry mode without damage to the motor or seals. Motors cooled by the pumped medium will not be acceptable. CABLE AND CABLE ENTRY SEAL: The power cable shall be suitable for the submersible applicable and sized in accordance with NEC requirements. The cable entry shall consist of a grommet compressed by two stainless steel washers with strain relief being supplied as part of the entry design. The entire end of the cable shall be sealed inside the cable entry housing through the use of a non-shrink epoxy resin. Each individual cable lead shall be sealed by a monolithic solder dam formed on a bare stripped section. The cable entry design shall insure that not entry of moisture is possible into the high-voltage motor terminal area even if the cable is damaged or severed below water level to a submerged depth of up to 85 feet. MOTOR: The submersible motor shall be squirrel cage, induction in design, housed in a completely watertight and air filled chamber. The motor shall have at minimum a 1.10 service factor and be suitable for use in Class 1, Division 1, Group C & D atmospheres as Explosion Proof. The motor stator shall use at minimum Class F insulation rated for 311 Degrees F. The motors shall be designed, rated, and warranted for continuous operation and capable of at minimum fifteen (15) starts per hour. Temperature monitors shall be embedded in the motor windings for use in conjunction with and supplemental to external motor overload protection. The pump’s control shall shut down the pump should any of the monitors detect high temperature and automatically reset once motor temperature returns to normal. The motor shall also be supplied with a sensor in the motor’s stator cavity which allows a control panel mounted relay to indicate any leakage into the motor stator chamber and shut down the pump. Motors containing di-electric oils used for motor cooling or bearing lubrication will not be considered. BEARINGS: Furnish upper and lower bearings as needed to provide a B10 bearing life of at minimum 50,000 hours at anticipated axial and radial loadings. The bearings shall be open, regreasable type. Open-type bearings shall be provided with re- lubrication ports with positive anti-leak plugs for periodic addition of lubrication from external to the pump in accordance with the bearing manufacture’s recommendations without requiring disassembly of pump or motor. The pump and motor design shall accommodate storage of the old displaced grease inside the motor and pump without requiring disassembly of the motor or pump. The upper and lower thrust bearing shall both be provided with a temperature monitor. This sensor shall be Resistance Type (RTD) with a linear relationship between temperature and resistance. A supervision relay shall be supplied for each sensor to provide dry contact closures indicating “Status OK’, “Pre-Alarm” and “Alarm Shutdown” plus a 0-10 VDC analog signal follower for temperature indication. SECTION TS14E SUBMERSIBLE PUMP 0802-01R TS-14E Submersible Pump TS14E-4 MECHANICAL SEALS: Each pump shall be provided with two totally independent mechanical shaft seals, installed in tandem, each with its own independent spring system acting in a common direction. The upper seal shall operate in an oil-filled chamber with drain, inspection plug, and positive anti-leak seal for access from external to the pump. The lower seal shall be of bellows type with both faces of Silicon Carbide. The seals shall require neither routine maintenance nor adjustment, but be capable of being easily inspected and replaced. The seals shall be non-proprietary in design, with replacements available from a source other than the pump manufacturer. Double mechanical seals with single or multiple springs acting in opposed direction; cartridge- type mechanical seals, or seals with face materials other than those specified will not be considered. Motors shall contain paraffin base oil in the seal chamber. SEAL LEAKAGE DETECTION: The pump shall be furnished with a monitoring system to signal in the event either the upper or lower mechanical seal leaks. The monitoring system shall be a stainless steel mechanical float switch located in a separate seal leakage collection chamber. This seal leakage monitoring and collection system shall be designed so that no seal leakage is allowed to penetrate into the motor chamber or lower bearing assembly. Sealing of the bearing assembly shall be accomplished through the use of two (2) rotary shaft seals each with its own shaft sleeve. These seals shall be in addition to the mechanical seals as described. Seal leakage designs allowing leakage in to motor stator cavity for detection will not be considered. SHAFT: Provide a common pump and motor shaft of sufficient size to transmit full driver output with a maximum deflection of 0.002 inches measured at the lower mechanical seal. The shaft shall be of ASTM A576 Gr 1045N and be isolated from the pumped media by a replaceable Type 420 stainless steel shaft sleeve under the lower mechanical seal. IMPELLER AND WEAR RINGS: Provide non-clog type impellers, capable of passing at minimum a two and one half (2 1/2) inch spherical solid. The impeller shall be statically and dynamically balanced. The pump shall be provided with hard metal wear rings on both the casing and impeller. Wear rings shall be of 400 Series stainless steel material having a brinell hardness of at minimum 300. SOURCE QUALITY CONTROL: Certified tests shall be performed on the actual assembled pumps to be supplied. These tests shall be performed in accordance with the Test Code for Centrifugal Pumps per the Standards of the Hydraulic Institute. Tests shall cover a range from shut-off to a minimum 20% beyond the specified design performance capacity. The test conducted on all supplied pumps shall be certified and generate a curve showing actual flow, head, BHP and SECTION TS14E SUBMERSIBLE PUMP 0802-01R TS-14E Submersible Pump TS14E-5 hydraulic efficiency. These test curves shall be submitted to the engineer for approval prior to shipping. VERIFICATION OF PERFORMANCE: All pumps shall be field tested after installation to demonstrate satisfactory operation without excessive noise, vibration, cavitation or over-heating. Any pump which fails to meet any of these specifications will be modified, repaired, or replaced by the VENDOR at no additional cost to the PURCHASER. SHOP DRAWINGS AND DATA: Six copies of vendor shop drawings, installation and maintenance manuals, and other documentation shall be submitted in accordance with the Supplementary Conditions of these specifications. PAYMENT: No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum bid price for the completed work. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances and materials, and in performing all operations in connection with the electrical work associated with this project, complete and in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. GENERAL: The Contractor shall be responsible for providing a complete, safe and workable electrical system. All components or equipment furnished under this specification shall be new and unused. All electrical connections whether made by the Contractor or made by vendors furnishing equipment packages shall be the responsibility of the Contractor. All electrical connections shall be checked for proper torque, tension, compression or tightness by the Contractor. All electrical connections determined to need attention shall be corrected by the Contractor. Trench excavation for underground conduits and duct banks shall conform to Section T2 of these specifications. CODES: All electrical work shall be in conformance with the requirements and recommendations of the latest edition of the National Electrical Code, the National Electrical Safety Code, and all local codes and ordinances. Materials shall bear the label of the Underwriter's Laboratories, Inc., whenever applicable labeling is available for such materials. STANDARDS: The latest issue of the specifications and standards of the following organizations are by reference made a part of these specifications. All electrical work, unless otherwise indicated, shall comply with their requirements and recommendations wherever applicable: Illuminating Engineering Society (IES) Institute of Electrical and Electronic Engineers (IEEE) American National Standards Institute (ANSI) American Society for Testing Materials (ASTM) American Concrete Institute (ACI) Insulated Cable Engineers Association (ICEA) National Bureau of Standards (NBS) SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-2 National Fire Protection Association (NFPA) National Electrical Manufacturer's Association (NEMA) Underwriter's Laboratories, Inc. (UL) TESTS DURING CONSTRUCTION: All tests are to be conducted in the presence of the Engineer and RPR. Prior to energization, insulation resistance between individual conductors in conduit and from conductors and equipment windings to ground shall be measured. Measurements shall be made using a "Megger" ground tester (500 volts) as manufactured by the James G. Biddle Company, Philadelphia, Pennsylvania, or "Vibraground" tester manufactured by the Associated Research Company, Inc., Chicago, Illinois. Wiring and equipment not measuring up to minimum insulation resistance required by the Underwriters' Laboratory regulations shall be put in good condition at the electrical contractor's expense. All ground connections, ground buses, and equipment ground resistances shall be read using methods and test devices as manufactured by the James G. Biddle Company, or equal. The Contractor shall have available 2 phase rotation meters to verify phase rotation of utility connection to Transfer Switch. Rotation shall be A-B-C Clockwise, left to right, or top to bottom, when viewed from front of equipment. The rotation of the generator connection shall match that of the Utility. Phase rotation shall be confirmed in the presence of the Engineer. Rotation checks shall be made on all motors before final mechanical connections are made. Changes necessary to obtain correct rotation shall be performed by the Contractor. TESTS OR CHECKS BY INSPECTING AUTHORITY: The Contractor shall cooperate with code-enforcing authorities during inspections or checks. PRELIMINARY TRIALS: The electrical contractor shall, in the presence of the Engineer or his authorized representative, run preliminary trials of the equipment connected by him. These trials or tests shall consist of, but not be limited to, checking motor rotation, checking all interlock circuitry for correct operation and checking all equipment connected by him for proper operation. FINAL ACCEPTANCE TESTS AND INSPECTIONS: After the wiring system is completed, and at such time as the Engineer shall direct, the Contractor shall conduct operational checks to demonstrate that all equipment performs in accordance with the requirements of these specifications, contract drawings and vendor information. The Contractor shall cooperate with the Engineer in performing final inspections. Panel covers shall be removed, doors opened, etc. at the SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-3 direction of the OAR, to facilitate checks and inspections. All equipment opened or disturbed shall be returned to operational condition after the inspection and approval. TEST RESULTS: All results from tests, preliminary trials and final acceptance tests shall be documented by the Contractor and turned over to the Engineer at the completion of the job. Six copies of complete test results are required. CORRECTIONS: Any wiring installation or connection errors discovered during the test and/or trials shall be corrected by the Contractor at his own expense. Any equipment, materials or components damaged or destroyed as a result of improper installation or connection by the Contractor shall be replaced by him at his own expense. CONTRACT DRAWINGS: The drawings indicate the general arrangement of equipment. Do not scale drawings. Dimensions for layout of equipment shall be obtained from architectural, mechanical, structural plans or by field measurement, unless specifically indicated on electrical plans. Coordinate electrical work with details, sections, elevations and plans found on architectural, mechanical and structural drawings and specifications. Modify electrical work to conform to requirements of equipment being served and conditions encountered in serving that equipment. SHOP DRAWINGS, VENDOR PRINTS AND DATA: Shop Drawings: The plans show the extent and general arrangement of the equipment and may be modified as required to suit the equipment furnished, subject to the approval of the Engineer. As soon as practicable, and within 45 days after the award of the Contract, the Contractor shall submit the following descriptive literature and drawings for all equipment furnished under this section of the specifications: Six (6) complete sets of shop drawings, vendor data sheets, wiring diagrams, etc. Each submittal item shall be marked to show the specification section and page numbers(s) covering that item, equipment name and number. Submittals for lighting fixtures shall include photometric data and exact type of ballast and lamps to be used. The Engineer reserves the right to require sample fixtures to be submitted for approval. Record Drawings: The Contractor shall reserve one complete set of electrical prints for as-built drawings. Any approved deviation from the contract plans shall be recorded on these prints by the Contractor. As-built drawings will SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-4 be checked on the last working day of each month for accuracy and completeness by the Engineer or his authorized representative. Documentation: At the end of final inspection, the Contractor shall provide six sets of complete data on electrical materials and equipment used on this job. This data shall be in bound form and shall include the following items: A complete table of contents. Data sheets indicating electrical and functional characteristics of all devices and equipment. Copies of all approved submittals. Panelboard circuit directories reflecting all field changes. The Contractor shall turn over all as-built drawings (record drawings) to the Engineer at the time of final inspection. MATERIALS: Materials shall be furnished in accordance with the requirements of this specification, applicable drawings, agreement and "Codes and Standards" as set forth hereinbefore. All material furnished by the Contractor shall be new, without defects and shall be delivered to the job site in the original cartons or packages. All material of the same type shall be the product of one manufacturer where feasible. Equipment grouped together to serve a common purpose shall be the product of one manufacturer or supplier (e.g.; lineup of starters, contactors, controllers, transformers, etc.) The use of manufacturer's name and catalog number in these specifications is to define the type and quality of electrical components required. Where possible, two or more sources have been listed. Other manufacturer's products may be used only with written approval of the Engineer to assure overall system compatibility and reliability. WORK: The term "Work" is taken to include "labor, supervision, installation" and other action needed to complete the electrical system. All work shall be of the highest quality. No sub-standard work will be accepted. All work shall be performed by workmen skilled in the trades involved. CONDUIT: Provide conduit as indicated in these specifications unless specifically noted on drawings. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-5 All interior exposed conduit shall be Intermediate metal conduit with threaded couplings and fittings. Thin wall (EMT) conduit shall not be used. All exterior exposed conduit shall be galvanized rigid conduit with threaded couplings and fittings. Conduit runs smaller than 3/4" trade size shall not be used except 1/2" conduit may be used for making attachments to equipment which, because of its construction, will not accept a larger size conduit. Lengths of 1/2" conduits shall be as short as possible. All exposed conduit shall be run at right angles or parallel to structural members. Vertical runs shall be plumb. Diagonal conduit runs shall not be made except with written permission of the Engineer or when conduits are run below grade or above ceilings. Below grade runs of conduit shall follow paths as specified on the electrical drawings. Conduit runs installed underground in or below concrete slabs, below grade in duct banks, or in concrete walls shall be rigid galvanized steel conduit for sizes 2” and below. Sizes above 2” may be rigid galvanized steel or rigid plastic conduit not less that Schedule 40. All 3 phase underground conduit runs, whether single or multiple runs in duct banks shall be encased in concrete with the top of the concrete envelope not less than 24 inches below grade. The concrete envelope for single conduit runs shall be not less than 3 inches on all sides while duct banks shall be as detailed on the plans. Encased rigid plastic conduit runs shall use cemented socketweld couplings or integral bells on conduit. All underground conduit runs shall be terminated with rigid galvanized steel elbows and fittings. Concrete for electrical conduit encasement shall be standard mix with pea gravel aggregate, f'c = 2000 psi, with admixture to produce red color. Admixture shall be 3% by weight of pure synthetic red iron oxide uniformly mixed into the concrete. All cuts on conduit shall be square. Conduit ends shall be reamed after cutting. Couplings and threaded hubs shall have no less than five (5) full threads of the conduit engaged and shall be screwed up wrench tight and butted. Seamless pipe shall be used for all bends made in the field. Conduit bends shall be made with standard "hickeys" to prevent kinks or flats in the bends. The proper size hickey shall be used for each size conduit. The radius of the curve of the inner edge of any bend shall not be less than six (6) times the internal diameter of the conduit. All bends shall be carefully inspected for flaws before installation. Flexible conduit connections shall be used at all motors or wherever vibration may make rigid conduit connections impractical. Flexible conduit in non- hazardous areas shall be flexible metal conduit covered with a polyethylene jacket. Metallic portion of all flexible conduit shall be bonded to boxes. Wherever conduits cross building expansion joints, conduit expansion joints shall be provided. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-6 The installation of all conduit shall be properly coordinated with the work of other trades. Field routed conduit paths must be approved by the Engineer before installation. Use galvanized rigid conduit where conduit changes from underground and/or concrete embedded to exposed, under equipment mounting pads, in exterior light pole foundations, and for analog circuits. PULL BOXES: Pull boxes shall be constructed of stainless steel or copper free aluminum of not less than the minimum size recommended by the National Electrical Code. Pull boxes shall be weatherproof, NEMA 4X unless noted. The Contractor shall provide pull boxes where shown on the drawings or as required by the code, whether shown on the drawings or not. Pull boxes shall be approved for use in the area where they are installed. All pull boxes and junction boxes shall be sized to permit pulling of conductors out of boxes and feeding back into the boxes without exceeding the bending radius of cables as recommended by the cable manufacturer. Pull boxes, junction boxes or suitable conduit fittings shall be provided in accordance with the following schedule: Run Max. length without pull box Straight not over 200 feet One 90o bend not over 125 feet Two or more 90o bends not over 75 feet Conduit runs between outlets shall contain not more than the equivalent of four (4) quarter bends. RACEWAY CLEANING: The electrical contractor shall be responsible for cleaning all conduit, wireways and ducts, both overhead and underground before pulling cables. For underground ducts, the minimum cleaning shall consist of pulling a flexible mandril 1/4 inch smaller in diameter than the duct, followed by two passes with wire brushes the same diameter as the duct and one pass with a swab. The Contractor must be satisfied that ducts are free of burrs or obstructions which might damage cables before beginning pulls. If cables are damaged while being installed they shall either be adequately repaired in a manner suitable to the Engineer, or shall be replaced by the Contractor with new cable of comparable quality and description, at no cost to the Owner. Underground ducts for all services, including active, spare and telephone shall be cleaned as specified in this section. RACEWAY SUPPORTS: "Raceway" is defined as conduit or any other material or equipment used to enclose or hold cable or wire, such as wireway or cable tray. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-7 The electrical contractor shall provide material and labor to design, fabricate and install raceway supports. Raceway shall be installed with at least six (6) inches clearance from uninsulated hot pipes or other hot surfaces. Conduit shall be spaced far enough apart on supports so that the conduit fittings are accessible for pulling or splicing wires. Raceway shall not be supported from process piping. All conduit one (1) inch trade size and smaller shall have supports spaced not more than eight (8) feet apart on horizontal runs and ten (10) feet on vertical runs. All other raceways shall be supported at intervals not to exceed ten (10) feet horizontally or vertically. Supports shall be provided on each side of conduit bends or elbows and not more than 3 feet from any outlet or termination point. Where raceway requires support between structural framing members, suitable supplementary steel members shall be provided by the Contractor to span between them. Drilling of holes in flanges of structural framing members for hangers or supplementary steel will be permitted only with the approval of the Engineer. Under no circumstances shall holes be permitted in the center portion of any structural member. Conduit not located in main racks shall be supported in a suitable manner by one (1) hole malleable clamps, U-bolts, Korns Clamps or similar means. Perforated strap or plumbers strap will not be permitted. Raceway supports shall be secured to concrete work by approved expansion anchors or bolts, or by inserts set at the time the concrete is poured. When conduit supports or racks are attached to structural members, properly drilled holes shall be used. Burning of holes in structural steel members shall not be permitted. Supports or racks may be welded to structural steel members only if welded areas and cut ends are repaired with Galvalloy or equal. All structures or supports for raceway shall be constructed for free draining, such that condensation or precipitation will not be trapped. WIRE AND CABLE: General: Conductors for lighting and power circuits shall not be less than #12 AWG, stranded copper and conform to the following standards and/or specifications. Conductors for control use shall not be less than #16 AWG, stranded copper with type THHN/THWN insulation. Conductors shall not be smaller than indicated on the drawings nor less than that required by the National Electrical Code (NEC). SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-8 Solid wire shall not be accepted in any service except thermocouple lead wire, if used. The Contractor shall, at his own expense, replace any solid wire used on this job with correct type and size stranded wire. Cables and conductors shall be tagged for identification by the electrical contractor using printed tape, or equal method, at each end and at all intermediate junction, tap or splice points. Use individual wire numbers as shown on the wiring diagrams and elementaries for all wires so numbered. Use cable numbers as shown on cable or circuit schedules. All power wires shall be colored black. Control and lighting wires shall be color coded in accordance with the design drawings, ICEA standards or the NEC if not indicated by the design drawings. All feeders entering or leaving distribution equipment, junction and pull boxes shall have conductors tagged as to phase identification; i.e., 'A', 'B' 'C' or '1', '2', '3', and circuit designations. Each coil or reel of wire and cable furnished by the electrical contractor shall bear a tag containing the Underwriter's listing stamp, name of manufacturer, trade designation and month and year of manufacture. Material shall be of recent manufacture and in no case older than six (6) months. 600 Volts and Below: Wire sizes through #6 shall have THHN/THWN insulation. Wire sizes larger than #6 shall be Type XHHW-2 chemically crosslinked polyethylene insulation and shall meet or exceed ICEA S-95-658, NEMA WC-70, and UL 44. Insulated ground conductors shall have THHN/THWN or XHHW green insulation. Conductors shall be manufactured by Service Wire Co., Okonite, BICC or an approved equal. Instrument Cable: Single pair instrument cable shall be 2/c shielded twisted pair rated 600 volts, with #16/AWG stranded tinned copper conductors, PVC insulation with nylon jacket, tinned copper braided shield, and overall PVC jacket. Cable shall be Belden No. 9952 or approved equal. Multi-pair instrument cable shall be similar to above except each pair to have a metallic foil shield with drain wire and an overall metallic foil shield. Cable shall be Belden No. 1055A for 2 pair, 1037A for 3 pair, etc., or approved equal. Special instrument cable shall be as specified on the contract drawings. WIRE CONNECTIONS AND DEVICES: Wires and cables shall be installed without joints or splices, as far as practical. Splices, connections and terminations, when needed, shall be made with approved pressure-type solderless fittings. Wire nuts will not be SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-9 permitted except on lighting and receptacle circuits where necessary. Connectors, splices and terminations shall be securely fastened with double indent tools designed to bring uniform pressure on all sides and shall not loosen under normal vibration or strain. Fittings shall be of the correct size for the conductors and strands shall not be cut from conductors. Splices, if used, shall be insulated such that insulation will be equal to or better than the insulation on wires which are spliced. Installing Wire And Cable: All wire and cable shall be installed in raceway systems. No wire or cable shall be installed until the raceway system for that wire or cable is complete. Wire pulling lubricant shall be used when installing wire or cable in raceway whose length from feeding point to pulling point exceeds 25 feet (except tray). Care shall be taken to ensure conductor maximum pulling tension is not exceeded while pulling wire into conduit. Installation in Panelboards, Cabinets, Control Panels, Etc.: Wiring in such installations shall be neatly formed, grouped and laced with non-conductive binders. BOXES, CABINETS AND ENCLOSURES: Pull boxes shall be supplied in conformance with a prior subsection of this specification. Junction boxes, cabinets and other enclosures for electrical materials or equipment shall be provided as shown on the drawings or as required by the National Electrical Code. Size shall be the larger of that shown on the drawings or as required by the National Electrical Code. Material shall be stainless steel or copper free aluminum. All boxes and cabinets installed outdoors shall be of NEMA 4X construction and shall be fitted with covers suitable for the environment in which they are located. All connections to boxes and cabinets installed outdoors shall be by threaded hubs or fittings meeting NEMA 4 minimum requirements. Outlet boxes of a type to suit the intended use shall be installed at the locations shown on the drawings. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-10 Location of outlet boxes shall be closely coordinated with the work of other trades to avoid interferences and provide efficient service to the devices or equipment served. All supports fabricated for outdoor boxes shall be aluminum or galvanized steel. PANELBOARDS: Furnish and install circuit breaker type lighting and power panelboards as indicated on the drawings and schedules. Panelboards shall be of the dead-front safety type employing thermal-magnetic molded case circuit breakers. A steel circuit directory frame and card with a clear plastic covering shall be provided on the inside of the door. The directory card shall provide a space at least 1/4" high x 3" long for each circuit. The directory shall be typed to identify the load fed by each circuit. Panelboard fronts to be hinged door-in-door trim. Interiors shall be completely factory assembled devices. They shall be designed such that switching and protective devices can be replaced without disturbing adjacent units and without removing the main bus connectors. Surface trims shall be same height and width as box. Main bus bars shall be copper sized in accordance with UL standards to limit temperature rise on any current carrying part to a maximum of 65oC above an ambient of 40oC maximum. A system ground bus shall be included in all panels. Full-size (100%-rated) insulated neutral bars shall be included for panelboards shown with neutral. Bus bar taps for panels with single-pole branches shall be arranged for sequence phasing of the branch circuit devices. Neutral busing shall have a suitable lug for each outgoing feeder requiring a neutral connection. 200%-rated neutrals shall be supplied for panels designated on drawings with oversized neutral conductors. Enclosures shall be at least 20 inches wide made from galvanized steel. Provide minimum gutter space in accordance with the National Electrical Code. Where feeder cables supplying the mains of a panel are carried through its box to supply other electrical equipment, the box shall be sized to include the additional required wiring space. At least four interior mounting studs with adjustable nuts shall be provided. Enclosures shall be provided with blank ends. Provide an engraved nameplate for each panel section. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-11 Surfaces of the trim assembly shall be properly cleaned, primed, and a finish coat of gray ANSI 61 paint applied. Install 6 feet to top of panelboard; install panelboards taller than 6 feet with bottom no more than 4 inches above floor. Manufacturer to be Square D. SWITCHES, RECEPTACLES AND DEVICES: All wiring devices shall be of heavy duty industrial grade or hospital grade construction. Wiring connections shall be made only via looping conductors around terminal screws. Devices employing only "slip-in" wire connections shall not be used. (Compression type connections are permitted with power receptacles and plugs.) Devices shall be held securely in place by threaded screws attached to outlet boxes. Devices shall, in no way, depend on cover plates for support. Wiring devices installed outdoors or in potentially wet areas shall be installed in FS boxes with weatherproof covers. Plates shall be properly aligned horizontally and vertically. All surface mounted plates shall be same height and width as box. Switches: All switches shall be rated 20 amps, 120/277 volt, silent type. Unless noted otherwise, switches shall be set 48 inches above walking surface. 120 Volt Convenience Outlets (Receptacles): All receptacles shall be single or duplex grounding type rated 20 amps, 125 volts, A.C., NEMA 5-20R, except as noted on drawings. Receptacles shall be ground fault interrupting type (GFCI) where noted on drawings or required by codes. All receptacles located outdoors or in damp locations shall be the ground fault interrupting type with a weatherproof hinged cover. Control Switches: Push buttons and selector switches shall be industrial, heavy duty, oil tight construction to mount in a standard 1-7/32 inch diameter hole. Contact blocks shall be suitable for side-by-side and/or tandem mounting to the base of the operator. Terminals shall be pressure clamp type to accommodate #12 - #18 stranded copper wire. Contacts to be rated at least 60 ampere make, 6 ampere break at 120 volts AC. Switches shall be manufactured by Square-D, GE, or Eaton/Cutler-Hammer. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-12 Pilot Lights: Pilot lights shall be industrial, oil tight construction, 120 volt transformer type, with interchangeable colored lens, to mount in a standard 1-7/32 inch diameter hole. Terminals shall be pressure clamp type to accommodate #12 - #18 stranded copper wire. Relays: Unless otherwise noted on drawings, all relays shall be industrial machine tool type with convertible 600 volt AC contacts with minimum ratings of 60 ampere make, 6 ampere break at 120 volts AC. Coils shall be of molded construction, matched to the circuit voltage and continuous duty rated. Terminals shall be provided with pressure wire connectors. DISCONNECT SWITCHES: Switches shall be provided as shown on the drawings or as required by the National Electrical Code and shall be of heavy duty, industrial rated construction. Switches shall be type and size as shown on the drawings. All switches shall be rated NEMA 4X if located outdoors, NEMA 1 minimum if located indoors, unless otherwise noted on drawings. Switches shall be installed to be fully accessible in accordance with the NEC. Switches shall be constructed to simultaneously disconnect all ungrounded conductors. Switches shall be identified with name and number of circuit(s) or motor(s) served. Rating and Over-current Protection: Low voltage switches used to disconnect motor circuits shall be horsepower rated. Rating must equal or exceed the horsepower of motor(s) fed by the switch(es). If a fused disconnect switch is called for, fuses of size and rating specified on the drawings or schedules, by the equipment manufacturer, or by the NEC shall be supplied by the Contractor. OVER-CURRENT PROTECTIVE DEVICES: Rating: All devices shall be rated to conduct at least the maximum full load current of the circuit in which it is used. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-13 All protective devices which interrupt overload or short circuit current shall be rated to interrupt and withstand the maximum bolted fault current which may occur in the circuit to which it is connected. All devices shall be furnished to agree with any additional requirements listed on the drawings and schedules. Fuses: Fuses shall be one-time type. Renewable fuses are specifically prohibited. Fuses, unless noted otherwise, shall be current-limiting type. Only cartridge-type fuses may be used. Plug-type fuses are prohibited. Circuit Breakers: Molded case circuit breakers for panelboards and similar uses shall be thermal- magnetic type. Magnetic-only type may be used in combination motor starters. Molded case circuit breakers shall be bolt-on type. Plug-in type connections shall not be used. Load side lugs shall be furnished to match the number, type and size wire or cable attached. All breakers shall be manufactured by the supplier of the panelboard. Motor Overloads: Motor overload relays shall be 3 pole, ambient compensated type. The Contractor shall provide all motor overload relay heaters. Heaters shall be sized according to manufacturer's recommendations and according to actual motor nameplate data. Motor overload relays shall be furnished as integral components of all motor starters. GROUNDING: Install ground system as shown on drawings and as specified herein. Non-current carrying metal parts of all electrical equipment shall be grounded to equal or exceed the requirements of the National Electrical Code. In general, a separate ground conductor shall be attached to each item for which grounding is required. Switchgear assemblies, motor control centers, motors, motor starters, feeder breakers or switches and switch racks shall be connected to the ground system. All metallic conduit and raceway shall be grounded directly or through the equipment. All neutral conductors shall be grounded, except where specifically exempted. Neutrals shall be connected to ground at only one point, as specified by the NEC (usually at system distribution panel). SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-14 Ground rods to be copper-clad steel rods not less than 3/4 inch in diameter, 10 feet long driven full length into the earth. For below grade connections, provide exothermic-welded type of connectors as manufactured by cadweld, thermoweld, or equal. For above grade connections, provide exothermic-welded, or compression type LIGHTING: Lighting fixtures and lamps as shown on the drawings, schedules and/or this specification shall be furnished and installed by the Contractor. Lighting fixtures shall be located approximately as shown on the electrical drawings. The Contractor shall review drawings of other trades to provide lighting fixtures compatible with surrounding conditions, to provide effective lighting for the work areas and to prevent interference between lighting equipment and other equipment. Installation and proper support of lighting fixtures shall be the responsibility of the Contractor. Fixtures shall be aligned and mounted uniformly. Aiming to accomplish effective lighting of areas to be illuminated shall be performed by the Contractor. The Contractor shall supply all hardware and accessories necessary for proper mounting and installation of fixtures. All fixtures to be UL listed. Support surface mounted luminaires on grid ceiling directly from building structure. Provide safety clips to secure fixture to ceiling grid, and locate at opposite corners of fixture. Install recessed luminaires to permit removal from below. Install recessed luminaires using accessories and firestopping materials to meet regulatory requirements for fire rating. Install clips to secure recessed grid-supported luminaires in place. Support directly from building structure. Exterior Lighting Fixtures: All exterior lighting fixtures shall be industrially rated, enclosed, gasketed, and weatherproof. BALLAST: All ballast to be UL listed. Ballast to match lamp type and voltage. See fixture schedule. Make every effort to provide all ballast from the same manufacturer. Ballast within luminaries of a given type must be from the same manufacturer. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-15 Fluorescent Ballast specifications: 1. Ballast shall be instant start. 2. THD of less than 20% unless otherwise noted on drawings 3. Power factor of greater than .95 4. Ballast shall operate from 60 Hz input source of 120V, 277V, or 347V as applicable with sustained vaiations of  10% (voltage and frequency) with no damage to the ballast 5. Ballast shall be high frequency electronic type and operate lamps at a frequency between 20 kHz and 30 kHz or above 42 kHz to avoid interference with infared devices and eliminate visible flicker. 6. Ballast shall provide for a lamp current crest factor of 1.7 or less in accordance with lamp manufacturer recommendations. 7. Ballast shall have a Class A sound rating for all 4-foot lamps and smaller. 8. Ballast shall have a minimum ballast factor for primary lamp application as follows: 0.75 for low watt, 0.85 for normal light output, and 1.20 for high light. 9. Ballast shall have a minimum starting temperature of -18°C (0°F) for standard T8 lamps. 10. Ballast shall contain auto restart circuitry in order to restart lamps without resetting power. 11. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. 12. Ballast shall carry a five-year warranty from date of manufacture against defects in material or workmanship, including replacement, for operation at a maximum case temperature of 70°C. 13. Manufacturer shall have a fifteen-year history of producing electronic ballast for the North American market. HID Ballast Specification 1. Constant wattage autotransformer or regulator, high power factor type 2. Single lamp ballast. 3. Minimum starting temperature of –30oC and designed for installation in a normal ambient temperature of 40oC. 4. Use ballast constructed so that open circuit operation will not reduce the average life. 5. Ballast shall contain auto restart circuitry in order to restart lamps without resetting power. 6. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. 7. Ballast shall carry a two-year warranty from date of manufacture against defects in material or workmanship, including replacement. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-16 8. Manufacturer shall have a fifteen-year history of producing magnetic ballast for the North American market. Lamps: Lamps shall be provided for all fixtures. Lamps installed during construction, which have experienced more than 50% of burning hour life, as published in manufacturer's data, shall be replaced with new lamps prior to final inspection. Incandescent lamps shall be rated for a minimum of 2500 burning hour life and shall be vibration resistant. Fluorescent lamps shall be high efficiency type employing latest technology designed to yield maximum lumens output per watts input. HID Lamps shall be furnished with fixtures as specified on the drawings. All lamps shall be of the same manufacturer. Lamp type and color will be as noted on drawings. All lamps to be UL Listed. VARIABLE FREQUENCY DRIVE: Drive: The VFD shall be sized to operate the AC motors as defined in the specifications and drawings. Alternate control techniques, other than pulse width modulated (PWM) control, are not acceptable. The VFD shall be 480 VAC three phase 40 hp. The VFD manufacturer shall use a 6-pulse bridge rectifier design with a 3% line reactor. The power section shall be insensitive to phase rotation of the AC line. The VFD shall be sized to operate a Variable torque load. The VFD shall operate from an input frequency range of 47 – 63 Hz. The displacement power factor shall not be less than 0.95 lagging under any speed or load conditions. The efficiency of the VFD at 100% speed and load shall typically not be less than 96%. Efficiency shall vary with the power rating of the VFD. The VFD shall have protection against short circuits, protection between output phases and; and protection between the logic and analog circuits. SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-17 The VFD shall have a coordinated short circuit rating designed to UL 508C and listed on the nameplate. Provide with a Human Interface Module for local programming and display panel. At a minimum the following faults shall be displayed at the Human Interface module: Power Loss, undervoltage, Overvoltage, Motor Overload, Heat Sink Over-temperature, Maximum Retries, Phase to Phase and Phase to Ground Faults The drive shall be capable of using analog inputs for controlling motor speed. Include a Modbus tcp card with the drive. The Variable Frequency Drive shall be an Square D ATV61. TRANSFER SWITCH: Rating of the automatic transfer switch shall be 200 amps, 480 volts, 60 Hz, three phase, 3 pole. Unit shall be NEMA 4X rated. Include integrated multilingual user interface for configuration and monitoring. Emergency source failure alert indication. Auxiliary contacts to indicate position of main contacts. Two (2) for normal and two (2) for emergency position. Solid neutral termination. Unit shall be ASCO Series 300 Power Transformer Switch. MOTORS: Motors for the pumps will be furnished with the pumps under Section T14E of this specification. Motors furnished under other sections of these specifications shall be of sufficient size for the duty to be performed and shall not exceed 100% of the full-load rating when the driven equipment is operating at specified capacity under the most severe conditions likely to be encountered. Unless otherwise specified, all motors shall be for operation on 460 volts, 3 phase, 60 Hertz and shall be totally enclosed suitable for continuous-duty based on a 40 degree C. ambient temperature of reference. Polyphase motors shall be squirrel-cage type, having normal-starting-torque and low-starting-current characteristics, unless other characteristics are specified elsewhere. The horsepower ratings indicated on electrical drawings are for guidance only and do not limit the equipment size. When electrically driven equipment furnished under other sections of these specifications materially differs from the contemplated design, the Contractor shall make the necessary adjustments to the wiring, SECTION TS16 ELECTRICAL 0802-01r Ts-16 Electrical TS16-18 disconnect devices, branch circuit protection and starters to accommodate the equipment actually installed, without additional cost to the Owner. EQUIPMENT CONNECTIONS: Equipment Connections: All wiring (conduit, conductors and connections) for the interconnection of electrical equipment and its controls shall be furnished and installed under this section of the specifications. Connections shall comply with all applicable requirements of this section of the specifications. Flexible raceways six feet or less in length shall be provided to all electrical equipment subject to vibration or movement and for all motors. Liquid tight raceways with compression fittings shall be used in damp or wet locations. LABELS: General: Labels and tags are to be provided on all electrical equipment as specified in other paragraphs of this section, as indicated on the drawings, or as required for proper identification. EQUIPMENT REFERENCES: Particular attention and reference shall be made to the other sections of these specifications for the proper coordination of all material to be furnished and/or installed and all work to be accomplished under this section, and for descriptions of control equipment furnished thereunder as well as the manner in which the equipment will function. Equipment requiring electrical connections and coordination shall include, but not be limited to the following: TS7D – CONTROL VALVES TS14E – SUBMERSIBLE PUMP TS17 – INSTRUMENTATION AND CONTROL EQUIPMENT PAYMENT: No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-1 SCOPE: The work covered by this section of the specifications consists of furnishing all labor, equipment, appliances and materials and performing all operations in connection with the satisfactory installation of the instrumentation and control system complete with all appurtenances, accessories, control piping, and listed wiring in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. GENERAL: The instrumentation and control system furnished and installed under this section of the specifications shall consist of, but not be limited to, the following:  Magnetic flow meters, and associated transmitters, indicators, totalizers, converters, etc.  Instrument devices, relays, enclosures, etc. as listed herein, as shown on contract drawings, and/or as required. The Instrument Integrator shall coordinate his work with equipment being furnished under other sections of these specifications. GENERAL DESIGN CRITERIA: Equipment Design: All of the equipment shall be the manufacturer’s latest and proven design. These specifications and associated drawings describe basic functions and pertinent features but do not purport to cover all details entering into the design of the instrumentation system. The completed system shall be compatible with the functions required and the equipment furnished under this Contract. Power Sources and Electrical Interconnection: All electrical components of the system shall operate on 120 volts, single phase, 60 cycle current unless otherwise noted. The drawings and specifications indicate the energy sources that will be provided. Any other devices necessary to obtain proper operation of the instrumentation from these energy sources shall be furnished with the instruments. All necessary fuses or switches required by the instrument manufacturer for his equipment shall be provided with the equipment. All instruments requiring an internal power supply shall have an internal ON-OFF switch. Electrical Interconnections: All conduit and wiring between panels and all field mounted devices; between panels; between field mounted devices; and between all instrumentation and power sources will be furnished and installed under the ELECTRICAL section of these specifications unless noted herein to be installed under this section of the Specifications. The instrumentation contractor shall provide necessary wiring information where not shown on the contract drawings. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-2 Miscellaneous Requirements: All components furnished shall be the manufacturer’s standard for the service intended unless otherwise indicated in the specifications or noted on the drawings. All components shall be tagged with the item number and nomenclature used in the specifications and shown on the drawings. SHOP DRAWINGS AND INSTRUCTION MANUALS: Shop Drawings: The plans show the extent and general arrangement of the equipment and may be modified as required to suit the equipment furnished, subject to the approval of the Engineer. As soon as practicable, and within 60 days after the award of the Contract, the Contractor shall submit for approval the following descriptive literature and drawings for all equipment furnished under this section of the specifications: Six (6) copies of a complete set of equipment, wiring, and piping installation drawings showing complete details of the installation and any necessary changes in arrangement, piping, etc., from that shown on the plans. Partial submittals or sales bulletins will not be reviewed. Six (6) copies of equipment specifications, outline dimension drawings, wiring and/or piping diagrams for each item of equipment being furnished. Instruction Manuals: Upon completion of the control system, the Contractor shall supply six (6) copies of operating and maintenance instruction bulletins with separate parts lists for each item of equipment being furnished. Operating instructions shall also incorporate a functional description of the entire system including the system schematics which reflect “As Built” modifications. Special maintenance requirements peculiar to the system shall be clearly defined along with special calibration and test procedures. The Instrument Integrator shall assign instrument numbers to all instruments and devices. Numbering system shall be consistent with system existing at the site, and shall be submitted to the engineer for approval. INSTRUMENTS: Flow Meter: Flow meters shall be furnished for installation by piping where indicated on the drawings. The flow meters shall operate on electromagnetic induction principle and give and output signal directly proportional to the liquid rate of flow. Each meter shall have a stainless steel metering tube and a non-conductive liner suitable for the liquid being metered. End connections shall be steel flanged. ANSI Class 150#. The housing shall be epoxy coated steel and welded at all joints. Bolted coil enclosures shall not be acceptable. The field coils of the meter shall be supplied with a precisely adjusted bi- polar direct current. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-3 There shall be no electronic components on the primary flow head. Coil drive power shall be supplied by an integral or remote signal converter. Output signal from the primary shall be fed through ‘DS’ proprietary cable supplied with the meter to the signal converter. The meter body shall have a housing rated IP68 for constant submersion in water. Electrode material shall be compatible with the process fluid. Liner material will be hard rubber. Meter will have field replaceable electrodes with access parts. The instrument shall be manufactured in an ISO 9001 approved facility. The meter shall be provided with corrosion resistant grounding rings. Meter calibration shall be performed by a direct volumetric comparison method. A calibration certificate shall accompany each meter. Calibration facility shall be certified to .03% accuracy, and be traceable to national standards. The meters shall be Rosemount 8750WA. The magnetic inductive flow converters shall be remote mounted in a NEMA 4X panel at the equipment rack and provide precisely controlled and regulated, bi-polar DC primary field excitation pulses at a keyed frequency which is user configurable. It shall convert the primary flow meter signal into a standard linear analog output directly proportional to the flow rate of flow total. The converter shall be capable of up to (4) inputs. Outputs to be 4- 20 mA DC with HART superimposed digital signal. Cables as recommended by Rosemount and as shown on the drawings shall be installed to connect the flow meters and converters. The converter shall display flow in GPM and shall have non-resettable totalizers to display total flow on demand. The converters shall have a 4-20MA output for connection to the SCADA system. Level Transmitter: Device shall be a loop powered device that supports both Foundation fieldbus, and the analog 4-20 mA with superimposed digital HART. The transmitter housing shall have two integral ½” NPT cable entries for conduit/cable connections. Provide Dual compartment housing to separate cabling from the electronics for increased moisture resistance. Unit shall be IP67 rated. The antenna assembly is the only part in contact with the tank, and it consistent of an antenna, an O-ring, a tank seal, a flange or a thread. Level Transmitter shall be Rosemount 5402 two wire radar level transmitter. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-4 Pressure Transmitter: Provide pressure transmitter capable of measuring -10 to 50 psi. Transmitter shall be Turck PS010V-503-LI2UPN8X-H1141pressure sensor. Also, provide with Turck WK4.4T-10/S618 mating cable. Level Transmitter (Submersible Pressure): Submersible liquid level sensor. Provide field-mounted Phoenix Contact “Boxtrap” AC Power protection and analog surge protection for each level transmitter. Level Transmitter shall be Mercoid Submersible Liquid Level Sensor PBLT2-15- 60. Range to be 0 to 15 psi.. Provide with 60 ft cable. Pump Control Panel (PCP): PCP shall be comprised of variable frequency drives (VFD), terminal strips, circuit breakers, line reactors, utility light, GFI utility outlet, enclosure, and other appurtenances as required for a fully functioning and fully operational system. See Specification TS-16, Electrical for VFD requirements. The control panel shall be suitable for 480 V, 60 Hz, three-phase power with adequate control power transformer to supply 120 V, 60 Hz power for devices listed. Provide following circuit breaker for 120V control power: One (1) circuit breaker for panel LCP One (1) circuit breaker for PCP internal power supplies and control power. Two (2) spare circuit breakers. Terminal strips shall be mounted using DIN rails. A single pole limit switch shall be mounted on the door frame of the PCP enclosure and shall be wired to a non-relay-isolated input of the PCP to provide an intrusion signal to the SCADA system. Limit switch shall also turn on an interior fluorescent light mounted to top panel. When door is open light turns on and door closes light turns off. A Square D AC power surge protector shall be installed integral to the PCP to provide transient and surge protection for incoming AC power. A phase monitor shall be provided for 480 Volt 3 phase monitoring. Enclosure shall be NEMA 4X stainless steel as shown on drawings. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-5 Anti-corrosion inhibitor blocks shall be mounted inside PCP enclosure to reduce corrosion. Corrosion inhibitors shall be Hoffman Model A-HCI10E. Provide Thermal Edge NE080486-4X 8000 BTU/HR AC in Nema 4X Enclosure. Local Control Panel: LCP: The Instrumentation and Control System Integrator shall make use of readily available products with a proven history of reliable service when used in municipal water and wastewater applications. Local Control Panel (LCP) shall be comprised of a Modicon M340 programmable logic controller (PLC), surge arrestors, relays, power supplies, terminal strips, solar shields, heater and thermostat, circuit breakers, utility light, GFI utility outlet, Cellular modem, enclosure, and other appurtenances as required for a fully functioning and fully operational system. Cellular modem shall be Sixnet SN-6801HSPA. Include with 4” portable hinged dual-band antenna Sixnet FANDK819SMAH3. Verify data carrier with Augusta Utilities Department prior to ordering. As a minimum, each LCP shall be capable of supporting the following I/O complement: 16 Digital (discrete) Inputs, 12 Digital (discrete) Outputs, 6 Analog Inputs (4-20 mA or 1-5 VDC), and 2 Analog Outputs (4-20 mA, isolated, into 750 ohms minimum). All field wiring terminations shall be made to terminal strips capable of accommodating up to #12 AWG wire. Terminal strips shall be mounted using DIN rails. All analog inputs and outputs, including spare analog inputs and outputs, shall be protected from surges using three separate levels of surge/transient suppression. The first level of protection shall be via a 1/4 Amp 3 AG size fast acting fuse. Secondary and tertiary protection shall be fulfilled using combination gas discharge tube and metallic oxide varistor (MOV) surge protection with current limiting resistors. Terminals shall be installed to allow each of the four analog inputs to be configured for 2-wire or 4-wire process transmitters and to produce either 4 to 20 mA or 1 to 5 VDC outputs to the PLC and any future display or signal conversion devices. Terminals shall be installed adjacent to the analog surge protection to provide 24 VDC power for connections of future 2-wire transmitters. All digital inputs, including spare digital inputs, shall be isolated via electro-mechanical relays. Minimum contact rating for relays shall be 5 Amps at 250 VAC. A minimum of eight digital inputs shall be connected to field wiring via DIN rail mounted terminal strips. A 2 Amp 3 AG size fuse shall protect digital inputs. A minimum of eight (8) relays shall be provided and shall be fully wired to eight (8) digital inputs. Additional inputs shall be wired via interposing relays and terminals if required to accommodate additional field signals. Digital outputs shall be isolated from field wiring through terminal strips and electro-mechanical relays with contact ratings of 10 Amps at 250 VAC minimum. A minimum of six (6) relays shall be provided and shall be fully SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-6 wired to six (6) of the digital outputs. Additional outputs shall be wired via interposing relays and terminals if required to accommodate additional field signals. Separate DC power supplies shall be provided for the PLC, cellular modem, and for field analog and digital inputs. All DC power supplies shall be protected via indicating 3 AG size fast-acting fuses. Indicating fuse holders shall be utilized and shall be DIN rail mounted. A single pole limit switch shall be mounted on the door frame of the LCP enclosure and shall be wired to a non-relay-isolated input of the LCP to provide an intrusion signal to the SCADA system. Limit switch shall also turn on an interior fluorescent light mounted to top panel. When door is open light turns on and door closes light turns off. Surge protectors shall be provided internal to the LCP enclosure to provide transient and surge protection for the phone line (where telephone line communications are used.) A 750 VA (minimum) Uninterruptible Power Supply shall be provided integral to each LCP enclosure. The control panel shall be suitable for 120V, 60 Hz, single-phase power. Control power shall be sized to serve the breakers being provided to service lights and receptacle listed below. One (1) circuit breaker shall be provided for the LCP’s internal power supplies and control power. One (1) circuit breaker to serve four-150 Watt lights mounted under electrical shed. Provide one (1) circuit breaker for convenience outlet. Provide one (1) circuit breaker to serve flow transmitters. Provide two (2) spare circuit breakers. A Square D AC power surge protector shall be installed integral to the LCP to provide transient and surge protection for incoming AC power. A separate GFI duplex utility outlet shall be protected by the surge protector and shall be used only for the UPS system. LCP enclosures shall be constructed in accordance with the following requirements: LCP enclosure shall be a NEMA 4X Stainless Steel, door stop, hinged exterior door, easy open latches (no tools required) and padlocking provisions. Panel shall be provided with a hinged interior panel. All breakers, lights, pushbuttons, switches, and accessories shall be visible and operable without opening the hinged interior panel. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-7 Anti-corrosion inhibitor blocks shall be mounted inside each LCP enclosure to reduce corrosion. Corrosion inhibitors shall be Hoffman Model A-HCI10E. Through the hinged interior panel the following indicating lights, readouts, and switches shall be provided: Control power indicator light HOA Switch for each pump Run/Stop indication light for the pump Alarm Silence Push Button Drive Reset Push Buttons Provide a Red Lion G3 series 10.4” HMJ panel for view of wetwell level, magmeter flow, pressure and pump run time. RTU-1: RTU-1 purpose is to control the open/close operation of the gate valve at STA 0+22 as described in the functional description periodic pressure cycle. The RTU will consist of a cellular modem, Web controlled Relay, power supply and enclosure. Cellular modem shall be Sixnet SN-6801HSPA. Include with 4” portable hinged dual-band antenna Sixnet FANDK819SMAH3. Verify data carrier with Augusta Utilities Department prior to ordering. The web controlled relay will be WebRelay-Dual™ configured to accept a Ethernet connection from the Sixnet modem and switch a relay to open and close the valve. Power supply will be a PULS MiniLine with 120 VAC input and a 24VDC output. Enclosure shall be NEMA 4X Stainless Steel, hinged exterior door, easy open latches (no tools required) and padlocking provisions. Provide back panel for mounting all devices. FUNCTIONAL DESCRIPTIONS: Normal Operation: When water level reaches 161.00’ the 20” valve (V1) and the 20“valve (V2) will open allowing the siphon line to operate. V1 and V2 will remain open until the wet well level reaches 152.00’ and then both will close. A submersible pressure transmitter will be set at level 161.50’ for backup to level transmitter to open valve. The submersible pressure transmitter will be set at 151.50’ for backup to level transmitter to close valve. 20” Magmeter flow, pressure, and wet well level will be recorded and trended by SCADA. SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT 0802-01R TS-17 Instrumentation and Control Equipment TS17-8 Periodic Pressure Cycle: Once a week when the water level is full, initiate a pressure cycle. Turn pump on at 70% speed, then initiate 8” valve (V3) to open. Adjust pump speed to maintain less than 30 PSI. Control the pump speed between 50% and 100%. If pressure exceeds 30 PSI at minimum pump speed close V3 and then turn off pump. If wet well level falls below 152.00’, close V3 and then turn off pump. A high level float will be set at level 161.50’ for backup to level transmitter to open valve. A low level float will be set at 151.50’ for backup to level transmitter to close valve. At the completion of the pressure cycle, return to normal mode. When the pump signal to run is given during the Periodic Pressure Cycle, the 20” hydraulic valve (V1) at STA 0+22 will be given a signal to close. When the pump is turned off at the end of the Periodic Pressure Cycle, V1 will return to normal operation. 8” Magmeter flow, pressure, pump run time, and wet well level will be recorded and trended by SCADA. Siphon Loss of Prime: If the wet well is full and the 20” hydraulic valve (V2) is open but no flow is detected on the 20” Magmeter, close the 20” hydraulic valve and run a periodic pressure cycle. The periodic pressure cycle should prime the line. Pumps: Station contains two pumps. Pumps shall be cycled to ensure even run times. Controls will only allow one pump to operate at a time. Channel Grander: Channel Grinder will operate 24 hours a day 7 days a week. Provide remote run indication and Fault signal to SCADA. ON/OFF controls will be local. TRAINING: The Instrument Integrator shall provide training for the plant operators and maintenance personnel. A minimum of 1 day should be included. PAYMENT: No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. SECTION TS19 GRASSING 0802-01R TS-19 Grassing TS19-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and performing all operations required to establish a satisfactory cover of grass within all unpaved areas disturbed by this construction. All work shall be performed in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. GENERAL: The grassing operations shall consist of preparation of the soil, including tillage, liming and fertilizing, seeding, mulching, and watering, and maintenance and repair of planted areas until a satisfactory grass cover is obtained and the work is finally accepted. MATERIALS: Seed: All seed shall be Hulled Bermuda grass seed tested and approved by the Georgia Department of Agriculture not more than 6 months prior to the date of sowing and packaged and labeled in accordance with the Georgia Seed Laws and Rules and Regulations in effect on the date of the Invitation for Bids. Seed which has become wet or moldy or otherwise damaged prior to the time of sowing will be rejected. Agricultural Lime shall be a pulverized limestone having the following certified chemical and physical properties: Total Carbonates, not less than 85% Passing 10-mesh screen, at least 100% Passing 100-mesh screen, at least 25% Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10 fertilizer suitable for application by a fertilizer distributor, grain drill, planting machine or similar standard equipment. The fertilizer shall be certified to meet the requirements of Fertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes caked or otherwise damaged prior to the time of use will be rejected. Mulch: Any of the mulch materials, consisting of forest litter, hay, straw, hulls of cotton balls or peanuts, ground corncobs, stalks of corn, cane, potato vines, tobacco or other stems, or peat, which are permitted under Standard Specifications of the State Highway Department of Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain seeds of species of weeds or plants which would germinate and be harmful to the proposed planting will not be accepted. Before collection of mulch material is begun or delivery is made, the Contractor shall submit samples for approval. Only approved mulch from approved sources will be accepted. Water for use in connection with the grassing operation may be purchased from Augusta-Richmond Utilities Department, or obtained from any other approved source. Such water shall be free of excess chlorine, or other chemicals or substances harmful to plant growth. SECTION TS19 GRASSING 0802-01R TS-19 Grassing TS19-2 GROUND PREPARATION: Prior to preparing the ground for grassing operations, all weeds, brush and other vegetation in the areas to be planted which has not been removed during clearing and grubbing and grading operations shall be removed from the site. All irregularities in the surface shall be smoothed out and all roots, stone and other foreign material detrimental to tillage, planting and proper growth and maintenance of the grass shall be removed. In all areas where the topsoil has been removed during grading operations, the topsoil which has been stockpiled shall be returned and evenly distributed over these areas. Objectionable foreign materials contained in the topsoil shall also be removed as the topsoil is distributed. LIMING AND FERTILIZING: After the areas to be seeded have been brought to finished grade, agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate of one ton per acre and fertilizer at the rate of 1000 pounds per acre. In areas where mechanical spreaders cannot be used, the lime and fertilizer may be applied by hand methods. The lime and fertilizer shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE: The lime and fertilizer shall be thoroughly and uniformly mixed with the soil to a depth of approximately 3" by plowing, discing and harrowing until the soil is friable and well pulverized. Hand tillage will be required in all areas where mechanical equipment cannot be operated. SEEDING: Hulled Bermuda grass seed conforming to the requirements of this specification shall be uniformly sown by approved mechanical power drawn drills or seeders or, in small areas, by mechanical hand seeders, at the rate of 40 pounds per acre. The seeds shall be covered and compacted to a depth of 1/8 to 1/2 inch by means of a cultipacker and an empty traffic roller or another roller weighing less than 3 tons. Broadcast seeding shall not be done when the wind makes it difficult to get satisfactory distribution. The Bermuda grass seed shall not be planted prior to April 15 or after September 15. Seed shall not be sown unless the soil has the optimum moisture content or more through a depth of at least 3 inches. WATERING: After the seeds have been sown, the moisture content of the soil will be tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling until an adequate moisture content has been reached. In the absence of adequate rainfall during the germination and early growth period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling operations. SECTION TS19 GRASSING 0802-01R TS-19 Grassing TS19-3 MULCHING: Mulching of seeded areas will not be required but may be employed at the option of the Contractor as an aid in reducing eroding and conserving soil moisture. If employed, the mulch shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture of the mulch. The proper application will allow some sunlight to penetrate and air to circulate, at the same time shading the ground. If desired, immediately after the mulch is spread, the material may be anchored to the soil by a cultipacker, disc harrow, or other suitable equipment. ESTABLISHMENT AND MAINTENANCE: The Contractor is responsible for providing a satisfactory stand of living seeded grass in which gaps larger than 12 inches do not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever shall be reseeded with Hulled Bermuda seed, and such reseeding shall be repeated until acceptance by the Engineer. The Contractor shall properly water, mow and otherwise maintain all grassed areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and reseeding at no additional expense to the Owner, if such damage occurs prior to acceptance of the project. GRASSING TO CONTROL EROSION: In the event completion of grading operations of areas to be planted extends beyond the specified grassing periods, grassing must be postponed until the following spring season. The Contractor will be permitted to seed such areas with Rye grass at his own expense, or by mulching shall control erosion of the graded areas. All mowing and maintenance operations during the fall and winter seasons will be the obligation of the Contractor. Erosion must be controlled by acceptable methods to prevent damage to the Owner's property, to adjacent property owners, and to limit migration of silt to the streams. GRASSING TABLE Permanent Cover: Fertilizer: 6-12-12; 800 lbs. per acre Agricultural Lime: 2 tons per acre Mulch: 2-1/2 tons mulch hay per acre Hulled Common Bermuda 10 lbs./Ac. 11/1 - 1/31 and Browntop Millet 10 lbs./Ac. 4/15 - 9/15 Temporary Cover: Fertilizer: 10-10-10; 500 lbs. per acre Agricultural Lime: 1000 lbs. per acre Mulch: As Needed Rye Grass 15 lbs./Ac. 9/15 - 12/31 SECTION TS19 GRASSING 0802-01R TS-19 Grassing TS19-4 PAYMENT: No separate payment will be made for the grassing and other work covered by this section of the specifications. All costs in connection therewith shall be included in the applicable lump sum or unit price item in the Bid for the completed work. SECTION TS27 FENCING 0802-01R TS-27 Fencing T27-1 SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, and materials, and in performing all operations in connection with the construction of chain link fence, complete with all appurtenances, in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. MATERIALS: General: The fence shall have an overall height of 7’ including the 3 strands of barbed wire on the top, arms vertical. The fence shall be the standard product of Cyclone Fence Corp., or American Chain & Cable, Anchor Post Products, or equal. Pipe, posts and braces shall be heavy galvanized. Submittals: Within 30 days of Contract award, the Contractor shall furnish for approval six (6) copies of manufacturer’s literature and cut sheets on all items to be furnished. Also, furnish six (6) copies of arrangement drawings. Fabric shall be No. 9 gauge, 2” mesh, aluminum coated chain link fence fabric in conformance with ASTM A 491. Posts: Line posts shall be 2-1/2” O.D. @ 3.65 lbs/FT. Corner posts shall be 3” O.D. @ 5.79 lbs/FT. Posts for the gate leafs shall be 4” sched. 40 @ 10.8 lbs/FT. Toprail: A 1-5/8” O.D. @ 2.27 lbs/FT. toprail shall be provided for the entire fence. Fabric Reinforcing Wire: All fabric reinforcing wire shall be provided along the bottom edge. It shall be not less than No. 7 gauge coiled spring wire. Ties or clips shall be provided for attaching reinforcing wires to fabric at intervals of not more than 2 feet. Post Braces: Nominal 1-5/8” O.D. @ 2.27 lbs./FT. galvanized tubular post braces extending to each adjacent line post at mid-height of the fabric shall be provided for each corner, pull and end post. A 3/8” diameter truss rod shall also be provided from the line post back to the corner, pull, or end post, with a turnbuckle or other equivalent provision for adjustment. Stretcher bars 3/16 x 3/4 inch in size, with length 1” less than fabric height, shall be provided for stretching and securing the fabric at each end, corner and pull post, one for each end post and two for each corner and pull post. Post Tops: All posts shall be provided with post tops which will fit over the outside of posts to exclude moisture and shall be combination tops with barbed wire supporting arms. Post tops shall be provided with a hole suitable for the through passage of the top rail. Barbed wire supporting arms shall be vertical and shall be fitted with clips or other means for securing three lines of barbed wire, the top line approximately 12” above the top of the fabric and the other lines spaced uniformly between the top line and the top of the fabric. SECTION TS27 FENCING 0802-01R TS-27 Fencing T27-2 Barbed wire shall consist of 2 strands of 12-1/2 gauge wire with 14 gauge 4 point barbs spaced approximately 5” apart. The wire shall be aluminum coated. The barbs may be aluminum coated or galvanized. Ties, Bands, or Clips of adequate strength shall be provided in sufficient number for attaching the fabric to all line posts, corner posts, top rails, stretcher bars or gate frames. Spacing for attachment of fabric to line posts, corner posts, or top rails shall not be more than 15” or 12” for attachment to gate frame or stretcher bars. Gates shall be swing-type complete with latches, stops, keepers and hinges, with 3 strands of barbed wire mounted on vertical arms above the fabric. Stretcher bars shall be provided for each gate to facilitate tight installation of the fabric in each gate frame. Frames for Gate Leafs shall have primary frame members of 4” O.D. @ 9.1 lbs/FT. for 16’ and 3” O.D. for walk gates. Gates shall be trussed and braced in such a manner as to provide a rigid frame and ample strength to insure a gate free from sag and twist. The end members of each frame shall be extended approximately 12” above the top member and arranged for attaching 3 uniformly spaced lines of barbed wire. Hinges shall be of heavy pattern, of adequate strength for the gate, and with large bearing surfaces for clamping in position. The hinges shall not twist or turn under the action of the gate. The gates shall be capable of being opened and closed easily by one person. Latches, stops and keepers shall be provided for all gates; the latches shall be the plunger bar type arranged to engage the stops when closed and the keepers when open. Latches shall be arranged for locking by padlock. Center stops shall consist of a device arranged to be set in concrete and to engage the plunger of the latch bar of the double gate. Keepers shall consist of a mechanical device for securing the free end of the gate when in full open position, one being required for each gate leaf. Finish: All metallic units or items not otherwise specified shall be hot- dip galvanized finish. INSTALLATION: Post Setting: All posts shall be securely anchored in concrete footings, neatly crowned to shed water. Footings shall be poured in cored holes unless the soil will not permit coring, in which case alternate methods will be permitted subject to prior approval by the Engineer. Footings for line posts shall be 10” diameter by 2’-9” deep; for corner and end post, footings shall be 16” diameter by 3’-6” deep; for the gate posts, the footing shall be 20” diameter by 4’-6” deep. In all cases, the posts shall extend to within 3 inches of the bottom of the footing. Posts shall be aligned and set to permit fabric and top rail installation at a uniform grade approximating the general slope of the ground. Where necessary, to prevent short length sags or dips in the top of the fence, post heights shall be adjusted as directed by the Engineer. SECTION TS27 FENCING 0802-01R TS-27 Fencing T27-3 Post Spacing: Each run of fence shall be set up so that a uniform spacing of posts will result. The spacing shall be approximately, but not more than 10 feet. Corner and gate posts shall be used as pull posts and shall be installed to facilitate proper stretching of the fabric during its installation. PAYMENT: Payment for all items covered by this section of the specifications shall be paid in accordance with the bid item list. No other separate payment will be made for the work by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the bid list. All work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. Commission Meeting Agenda 7/18/2017 2:00 PM Solid Waste Collection Change Department:Environmental Services Department:Environmental Services Caption:Motion to approve a request for Solid Waste Collections change in Yard Waste/Bulky Waste Services. (Approved by Engineering Services Committee July 11, 2017) Background:In the Solid Waste Collections Contract, which began services June 1, 2013, the collection of yard waste and bulky waste was required to be performed by separate vehicles. The logic for this was because at the landfill, the yard waste and other garbage was placed in separate landfill areas. The yard waste went to the inert area and the bulky waste and other municipal solid waste was placed in the main landfill cell. Since that time, the EPD allowed landfills with active gas collection systems to place yard waste in the regular landfill cell, and to close the inert area. Analysis:The current subcontractors who collect the yard waste and bulky waste are looking for a means and method of increased efficiency in their daily operations. As such, they are requesting that changes are made to the way in which the yard waste and bulky waste are collected. This, however requires the modification to not only their current subcontract agreements with Advanced Disposal and Inland Waste; but also a modification to the existing Solid Waste and Recyclables Collection Agreement Augusta has with Advanced Disposal and Inland Waste, respectively. Bulky waste and yard waste are currently collected once per week; and each residence is permitted 10 cubic yards of each material (in addition to other operational guidelines). Making this change requires a re- route of the vehicles working in each day's service area. Having the vehicles use the on-board technology, indicate a positive or negative collection (including pictures), and following the prescribed routes each day is vital to providing excellent customer service to the customers each and every day. Notification to the customer base is also vital to the success of any such change in collections, and as such, a marketing campaign that will reach each customer will need to occur.Cover Memo Financial Impact:The benefit in changing the style of collection is to the subcontractor and the resident. It should simplify the set-out of materials by the resident; and should allow increased efficiencies by the subcontractors. The impact to ESD is the multi-media marketing to the customer. Newspaper ads, direct mail pieces, email notifications, and social media items will work to educate the customer and reinforce the notification. Using an Augusta Utilities water bill insert or other direct mail piece will also be used. Alternatives: Recommendation:1. Allow the mixed collection of yard waste and bulky waste; with a limit of 20 cubic yards of material collected at each residence (including other operational limitations on the size and packaging of items place for collection) per week. 2. Make the change in collection style effective September 1, which allows time to make route changes in the software and insure on-board computers are operational so that completion of each route can be verified on a daily basis, and photos are available of each non-collection. Also if collection does not occur, customer service can assist the customer with options to have their materials collected. 3. Immediately allow the subcontractors to operate a single "cleanup" or "miss" truck that can collect mixed loads. This allows for time to make sure that each vehicle, each route, and the customer service support provided by ESD and 311 are ready for such a change. Further, it allows time for notification to each residence of the change in their services. Inception of a "grace period" providing additional courtesy collects would be requested from the haulers while the residents are learning the new system. And finally formal contract modifications denoting and allowing each party to agree to any such change. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular and Legal/Executive Session meetings of the Commission held June 29 and July 11, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 6t29t2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission. INVOCATION: Dr. Michael Mitchell, Senior Pastoq Restoration Ministries Intemational Christian Fellowship. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE T]NITED STATES OF AMERICA. Five (5) minute time limit per delesation DELEGATIONS A. Introduction: Dr. Jerry L. Hardee, President of Paine College. (Requested by Item Commissioner Bill Fennoy) Action: None B ltemAnprovalsheet.html Motions Motion Motion Textrype Presentation is made by Dr. Seconded MotionBy Result Citizens Advisory Board Item Action: None Made By B. Hardee. Ms. Shannon Rogers, Augusta Animal Services regarding report from the Animal Services Board. E Shannon Rogers Animal Services.pdf lB ltemAoorovalsheet.html Motions Motion \rrnrin-.Fava Made Seconded Motion;:--'-" Motion TextrYPe By By Result Unanimous consent is given to delete this item from the agenda. C. Ms. Aliegha Brigham, Richmond County Tax Commissioner's Office regarding Item their partnership with Fort Gordon. Action: None IB ItemAnprovalsheet.html Motions $otion Motion Text Made Seconded MotionrYPe By By Result Unanimous consent is given to delete this item from the agenda. CONSENT AGENDA (Items 1-5) ADMINISTRATTVE SERVICES l. Motion to approve revised Rocky Creek Enterprise Zone Ordinance. Item (Approved by commission June 2012017- second reading) Action: Approved tB Ord reauthorization Rockv Creek Feb 2t 20l7.ndf lB ltemAnnrovalsheet.html Motions X:j]" Motion Text Made By seconded By Motion I ype -.---- -.' Result Motion to Approve ffi3,l""h.sses e- ff,T,T,:'Ji*.' f;i,i##I:ffi:, passes 0. ENGINEERING SERVICES 2. Motion to approve an Ordinance to amend the Augusta, Georgia Code, Title 8, Item Chapter One, Flood Damage Prevention Ordinance, in its entirety. (Approved Action: by the commission June 20,2017 - second reading) Approved lE2017-6-7 Flood Ordinance - amended June 2017 - linal withouf freck ohrnops roflllnrtr lB ItemApprovalsheet.html Motions X:jl" Motion Texr Made By seconded By MotionrYPe ''---- -r Result Motion to a _ , _-_--- approve. Commissioner CommissionerApprove vtotion passes 9- Sammie Sias William Fennoy Passes 0. PETITIONS AND COMMUNICATIONS 3. Motion to approve the minutes of the regular and Executive Session Item meetings of the commission held June 20, 2017. Action: Approved lB Resular Commission_MeetinLJuneJ0_20l7.pdf [E Called Commission Meetins June 20 20l7.pdf lB ItemApprovalsheet.html Motions X:11"t Motion Text Made By Seconded By Motion I YPe - ----- -r -------- -J Result Motion to Aoorove approve. Commissioner CommissionerI rvvrv vv Motion passes 9- Sammie Sias William Fennoy Passes 0. APPOINTMENT(S) 4. Motion to approve the appointment of Ms. LaQuita W. Logan to the Augusta Item Transit Citizens Advisory Board representing District 8. Action: Approved B LaOuita Logan.ndf E ItemAnorovalsheet.html Motions X:t:"' Motion Text Made By Seconded By Motionrype ----- -.t Result Motion to Approve ffi3,',H'r"sses e- ff##,:'Jl#' fii,il##';:& passes 0. 5. Motion to approve the appointment of Ms. Tamlar Walton to the Augusta ltem Transit Citizens Advisory Board representing District 5. Action: Approved IB ItemApprovalsheet.html Motions X:j*1" Motion Text Made By Seconded By Motion f Ype --'- -" --------- -r Result Motion to Approve ffi5ffi,ssese- ff,T,*:'Ji*.' fi,",il,T,ii}:ffi passes 0. *,f **END CONSENT AGENDA:I'(** AUGUSTA COMMISSION 6129t2017 AUGUSTA COMMISSION REGULAR AGENDA 6t29t2017 (Items 6-1I) PUBLIC SERVICES 6. Approve amendments to the Augusta, Georgia Code, Title 6, Chapter 6, Article Item 3, Regulated Businesses, to add a new Section 6-6-48 to provide regulations for Action: Special Entertainment Permits, and to Title 2, Chapter 1, Article 1, Business Tax Approved Certificate, Section 2-l-3 Administrative and Regulatory Fee Structure, to establish the Special Entertainment Permit regulatory fee. lB Soecial Entertainment Permit Code Amendment 20170605 l.docx IB Special Entertainment Permit Regulatorv Fee code Anrendment 20170607.docx lB ltemAoorovalsheet.html Motions Motion .. __ m, 1 rr r Motion;----- Motion Text Made By Seconded Bylype ----- -r Result Motion toapprove. Commissioner Commissioner a _-__.._-_ Motion Passes 9- Sammie SiasApprove 0. ADMINISTRATIVE SERVICES 7. Discuss staffs misrepresentation of a request (Requested by Commissioner Marion Williams) William Fennoy passes with willful inaction. Item Action: Rescheduled {B E-Ntail Chandleliqht Jazz 6,l8.t7.pdf lB ItemAporovalsheet.html Motions Motion;----- Motion TextI ype Made Seconded MotionBy By Result Unanimous consent is given to refer this item to the Public Services Committee meeting on July I 1. 8. Discuss/approve scheduling a joint meeting with the Augusta Commission, ItemBoard of Education and Chamber of Commerce Business Education Action: Advisory Council to discuss how local government can aid in improving Approved education in our community. (Requested by Commissioner Dennis Williams) lB ItemAporovalsheet.htmI Motions Motionh MotionI VDC Text Made By Seconded By Motion Result Motion to ^ aDDrove.APProve uotio, passes 9- 0. Commissioner Commissioner Dennis Williams Mary Davis Passes ADMINISTRATOR 9. Motion to adopt an Authorizing Resolution in connection with the Cyber Item initiative Redevelopment Plan to authorize Augusta to enter into an Agreement Action: of Sale with the Urban Redevelopment Agency of Augusta and to execute such Approved other ancillary documents necessary in support of the issuance of bonds by the Urban Redevelopment Agency of Augusta for the acquisition and construction the Cyber Initiative Parking Garage as approved by the General Counsel. IE lntersovernmental Agreement Authorizing Resolution.odf lB ItemAonrovalsheet.html Motions X:11"' Motion Text Made By Seconded By Motion r ype - ---- -r Result Motion to Approve il3ffi"ssese- ff##,:'Jl*.' fii,ffi]:& passes 0. ADDENDUM 10. Motion to approve going into an Executive session. Item Action: Approved E ItemApprovalsheet.html Motions Motion Motion Texr Made By seconded By f;Xilrype Motion to approve going into an Executive Approve trfilIy,:uii, una fii;i##;:ffi:, !:#T;;:H Passes Motion Passes 7-0. 11. Motion to approve payment of nine (9) additional straight time hours to Fire Item Department Suppression Personnel, to be paid on the August 4th paycheck, as Action: compensation for the granting of the July 3rd holiday to all other Augusta, Approved Georgia employees. IB ItemAnnrovalsheet.html Motions X:'i"' Motion Text Made By Seconded By Motion I YPe '.---- -r Result Motion to Approve ii3i""Y,'r"sses e- S:#lliilfil,h, fi,iil,T,f}:ffi:, passes 0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 12. Motion to approve execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: Approved Motions X:ll" Motion Text Made By seconded By MotionrYPe -'---- -J Result Motion to approve. Mr. Approve M. Williams out. Commissioner Commissioner Motion passes g_0. Ben Hasan Sammie Sias Passes U.pcoming Mgglings www.augustaga.gov CALLED MEETING C9MMISSISN CHAMBER July 1 1,2017 Augusta Richmond County Commission convened at 1l:00 a.m., Tuesday, July ll,2Ol7,the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams,Hasan and Smith, members of Augusta Richmond county commission. ABSENT: Hon. Guilfoyle, member of Augusta Richmond County Commission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attomey MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discusspending and potential litigation, real estate and personnel. Mr. D. Williams: f so move. Mr. Frantom: Second. Mr. Mayor: Voting. Attorney MacKenzie, I think I'm going to need legal representation.My chair has been moved again. The Clerk: We'll put your name on it. Mr. Fennoy, Mr. M. Williams and Mr. Smith out. Motion carries 6-0. [LEGAL MEETING] 2. Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia's Open Meeting Act. Mr. D. Williams: I so move. Mr. Frantom: Second. Mr. Mayor: We've got a motion and a second. Voting. Motion carries 9-0. Mr' Mayor: .The-Chair recognizes the attomey from the 5ft for a motion. I,m sorry. Thecommissioner from the 5ft. Mr. Jefferson: Ird like to make a motion to hirestormwater service Manager at a starting salary of $9,g75.05. Mr. Sias: You want to say that again. Say that again. Mr. Mayor: Would you repeat the salary, sir? Mr. Jefferson: $90,875.05. Mr. Sias: Second. Mr. Mayor: We've got a motion and a second. Voting. Motion carries 9-0. Oscar Flite as Engineering Mr. Mayor: Thank you. The Chair recognizes the commissioner from the 7e for a motion. Mr. Frantom: I'd like to make a motion to authorize the purchase of the property located at2820 OId Highway 1 in the amount of $137,500 and the granting of the peaesi.ian easement for the property located at Alexander Drive. Mr. Hasan: Second. Mr. Mayor: We've got a motion and a second. Voting. Motion carries 9-0. Mr. Mayor: Okay. AU right. The Chairrecognizes the distinguished Engineering Services Chair for a motion. Commissioner from the 1tt. Mr. Fennoy: Yes. I'd like to make a motion to approve lease of a portion of theproperty and building located at 1546 Broad Street to Southeastern Stages and to authorizean amendment to the MacDonald Transit agreement to allow for utitity cost to be paidproportionately between MaeDonald Transit and southeastern Stages. Mr. Hasan: Second. Mr. Mayor: I've got a motion and a second. Voting. Motion carries 9-0. Mr. Mayor: All right. All right. The Chair recognizes the gentleman from the south side,commissioner from the 6ft. Mr. Hasan: Thank you, Mr. Mayor. Motion to appoint Lori Videffo as InterimEnvironmental Services Director effective July 7r2017. Mr. Fennoy: Second. Mr. Mayor: A proper motion and a second. Voting. Motion carries 9-0. Mr. Mayor: The chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to authorize the settlement of all claims of John Johnson in the amount of $551000 and authorizing Corvell, the third party Workers Comp administrator, to disburse this amount. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Mayor: All right. Motion and a proper second. Those in favor will vote yea and those opposed vote no. Commissioner from the 6ft, we're waiting on you. Mr. Hasan: Oh,I'm sorry. Mr. Mayor: Stay with us. Stay with us. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: Finally, a motion to approve the settlement of all claims by plaintiffs against Matthew Perkins in the amount of $501000 and authorizing the Administrator to disburse this amount. Mr. Hasan: Motion to approve. Ms. Fennoy: Second. Mr. Mayor: We've got a motion and a proper second. All right. We've got a motion from the commissioner from the 6ft and a second from the commissioner from the l.t. Voting. Ms. Sias: It's a good day today. Mr. Mayor: Yeah, yeah. Motion carries 9-0. Mr. Mayor: Attorney MacKenzie, is there any additional business? Mr. MacKenzie: That,s all. Mr. Mayor: Okay, thank you. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on fUy11,2017. Clerk of Commission Commission Meeting Agenda 7/18/2017 2:00 PM District 1 appointment Department: Department: Caption:Motion to approve the appointment of Mr. Lowell Greenbaum to the Augusta Canal Authority representing District 1. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo BE EMAIL ADDRESS: TALENT BANK INFORMATION QUESTIONNAIRE BY PERSONS DESIRING TO VOLUNTEER THEIR SERVICES ON , BOARD OR COMMISSION FOR AUGUSTA, GEORGIA NOTE:ANY INFORMATION ENTERED ON THIS QUESTIONNAIRE WOULD BECOME PUBLIC INFORMATION UPON YOUR SUBMISSION/APPOI NTMENT. ************************ *t** *** ************ ************ **** ******** *** ** ***** **** ***** **** *** *** ********** **t******** **** ******** t****** ** ko w LhL- t-^ , Gng4()frfr o t4 ,3 lef f a o tzDATE: 1.NAME:l^ o WfZ ht Q naew'D r+0tn HOME PHONE: HoME ADDRESS: /3 J ltl+tzp.s EtsE*b ', KtoHt4ntt)b 6+ 3r,?o / COUNTY sEx,ffi\-/- 2. 3. 4. 5. 7. L 9. 10. 11. STATE FEMALE SEPARATED ztP DATE OF BIRTH: REGISTERED VOTER: VOTING DISTRICT MARITAL STATUS:SINGLE ENGAGED EDUCATION:HIGH SCHOOL NO_acL-D RELATIVES WORKING FOR THE COUNTY: occUpAloN: ft Ll rt(-e- o'1-^ <> €TZe9o z--> ,: RACE: ( WHITE AFRICAN.AMERICAN ASIAN AMERICAN t---.z- SPANISH SURNAMED AMERICAN INDIAN OTHER (specify) LIST BOARDS YOU PRESENTLY SERVE ON: SautaR tT ('7,8 N S u /d)C IL 7re e-oultiffTEF n1o O//7V STREET 7 12.LIST ANY AREA IN ICH YOU HAVE A PARTICULAR INTEREST OR EXPERTISE.WH {\(t/A t /Lt(:Pot'tT/a* Rev. 6-2016 Commission Meeting Agenda 7/18/2017 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:New Location Application: A.N. 17-21: A request by Kweli J. Hall for a retail package Beer & Wine License to be used in connection with Greene Street Grocery located at 1002 Greene Street. District 1. Super District 9. (No recommendation from Public Services Committee July 11, 2017) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Foundry Place Project Department: Department: Caption:Motion to adopt an Authorizing Resolution in connection with the Laney-Walker and Bethlehem Redevelopment Plan to authorize Augusta to enter into an Intergovernmental Redevelopment Contract with the Urban Redevelopment Agency of Augusta and to execute such other ancillary documents as approved by the General Counsel which are necessary in support of the issuance of bonds by the Urban Redevelopment Agency of Augusta in with the construction of the Foundry Place project. (Requested by Commissioner Sammie Sias) Background:The commission has received several briefing on this project. The last briefing was a work session on June 14, 2017 conducted by the Community and Housing Development Department. At that work session the Foundry Project was endorsed by the Augusta URA, the Augusta Financial Advisor, the Augusta Finance Department, and the Community and Housing Advisory board. The contractor selected for the project was present and had been vetted by all appropriate agencies to include the URA, Procurement, and Finance. Models were ran on the project feasibility by the Finance Department and all reflected nothing negative concerning the project. The contractor has a spotless record of successful projects. Future: It time to allow this project to move forward and benefit this city to the extent that we absolutely need this kind of engagement to move this entire city forward by eliminating blight and despair of which we have a sad abundance. Analysis: Financial Impact: Alternatives:Cover Memo Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: IO: Cc: Subject: Ms Bonner, Commissioner Sammie Sias Thursday, July 13, 2017 8:00 AM Lena Bonner Janice Allen Jackson; Hawthorne Welcher Foundry Project Please add this item to the Commission Agenda for 18 July 2OL7. Additional supporting documents may be provided by the Community H Motion to adopt an Authorizing Resolution in connection with the Laney-Walker and Bethlehem Redevelopment Plan to authorize Augusta to enter into an lntergovernmental Redevelopment Contract with the Urban Redevelopment Agency of Augusta and to execute such other ancillary documents as approved by the General Counselwhich are necessary in support of the issuance of bonds by the Urban Redevelopment Agency of Augusta in with the construction of the Foundry Place project. Background: The commission has received several briefing on this project. The last briefing was a work session on June L4,2OL7 conducted by the Community and Housing Development Department. At that work session the Foundry Project was endorsed by the Augusta URA, the Augusta Financial Advisor, the Augusta Finance Department, and the Community and Housing Advisory board. The contractor selected for the project was present and had been vetted by all appropriate agencies to include the URA, Procurement, and Finance. Models were ran on the project feasibility by the Finance Department and all reflected nothing negative concerning the project. The contractor has a spotless record of successful projects. Future: lt time to allow this project to move forward and benefit this city to the extent that we absolutely need this kind of engagement to move this entire city forward by eliminating blight and despair of which we have a sad abundance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not an Option" Please consider the environment before printing this email. Commission Meeting Agenda 7/18/2017 2:00 PM Suspension/Debarment of City Contractors Department: Department: Caption:Discuss the suspension and/or debarment of contractors involved in Environmental Services Department's use of ARC Equipment in Lincoln County on private property in accordance with but not limited to Procurement Section 1-10-80 of the Augusta Code. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo ARTICLE 8 SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER Sec. 1-10-76.Authority to suspend or debar from qualified bidderiproposer list for consideration of contract award. AuthoriQ to debar or suspend. The Procurement Director, after consulting with the General Counsel, is authoized to debar a person for cause from participation in any Augusta, Georgia procurements at any tier and consideration for award of contracts. The debarment shall be for a period of not more than five (5) years. The period of time during which the debarment will be imposed is to be determined by the Procurement Director based upon the severity of the causes for debarment. After consultation with the using agency and General Counsel, the Procurement Director is authorized to suspend a person from participation in any Augusta, Georgia procurement at any tier and consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding the greater of: (1) three months; (2) the period during which administrative review of the suspension is pending; or (3) the period during which judicial review of an administrative decision that was adverse to the suspended firm is pending. Sec. 1-10-77. Causes for debarment or suspension. The causes for debarment or suspension include: (b) (a) (c) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract. Conviction under state and federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as an Augusta, Georgia contractor. Conviction under state or federal antitrust statutes arising out of the solicitation and submission of bids or proposals. Page59oflll (d) (e) (1) Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement Director to be so serious as to justifz debarment action: Deliberate failure to perform in accordance with the provisions or within the time limit provided in any Augusta, Georgia contract. A recent record of failure to perform or of unsatisfactory perfornance in accordance with the terms of one or more contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment. In the event that the contractor asserts in a suspension or debarment proceeding that such recent failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts was caused by acts beyond the control of the contractor, the contractor must introduce documentation from the applicable contract/project in which it provided notice of such acts beyond its control and/or invoked its rights to equitable adjustment or other similar remedies under the applicable contract as a result of force majeure or other similar events; provided, however, that Augusta, Georgia's determination on such issue will be independent from the contract/project at issue. It is insufficient in a debarment proceeding for the contractor to raise this issue for the first time concerning a prior contract under which it failed to perform or performed unsatisfactorily. For violation of any ethical standards set forth in Article 3, Ethics in Public Contracting. Submission to Augusta, Georgia of a claim for additional compensation that is without merit, including, but not limited to claims seeking to recoup: (2) (0 (1) (2) (3) Costs incurred by\he contractor but not included in its bid or proposal due to its own error; Costs that it has already been paid or willbe paid under the contract; Costs asserted simply for the purpose of forcing Augusta, Georgia to consider a settlement at a reduced amount; Page60of111 (4) Costs that the contractor has not certified pursuant to the contract documents; and Costs that the contractor would not be entitled to recover under the contract documents, including, but not limited to attorneys fees and interest on unpaid sums. (5) (e)Material misrepresentation of the composition of the ownership or work force of a business entity registered with Augusta, Georgia as a local small business. Any other cause the Procurement Director, in consultation with the using agency and General Counsel, determines to be so serious and compelling as to affect responsibility, including, but not limited to, debarment by another goveflrmental entity. (h) Sec. 1-10-78 . Notice. The Procurement Director shall issue a written notice of the decision to debar or suspend. The notice shall state the reasons for the action taken and the effective date of the debarment or suspension and shall inform the debarred or suspended person involved of the right to administrative review as provided in this division. Sec. 1-10-79. Finality of decision. A decision under this section is final and conclusive, unless fraudulent or any person adversely affected by the decision appeals administratively to the Administrative Services Committee in accordance with the appeals and remedies of Article 9 of this Chapter. Sec. 1-10-80. Board of Commissioner's initiated debarment. The Board of Commissioners, by enactment of an appropriate resolution, may request that the Procurement Director initiate an investigation into whether a particular person should be debarred and/or suspended and, after consulting with the General Counsel, the Procurement Director is authorized to debar or suspend such person for cause from participation in any Augusta, Georgia procurements at any tier and consideration for award of contracts. Page 61 ofl1l v 7 271 ORDINANCE NO. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: ANORDINANCEToAMENDTHEAUGUSTA,GEORGIACODE, ARTICLEoNE,CHAPTERTEN,RELATIN9ToTHEPROCUREMENT OF GOODS iNU SERVIC;J'__iTTB L_OCAL SMALL BUSTNESS OPPORTUNITIESpnocnalnlANDTHEDBEPROGRAMFoR FEDERALLYASSISTEDPROJECTSSoASToPROVIDEUPDATES AND TO ESTABLISH TOTTCiBS' PROCEDURES AND GUIDELINES REGARDING TIIE PNOCUNNVTTNT PROCESS AND THE LOCAL SMALL BUSTNESS Opponrfi',urlEs PROGRAM; TO REPEAL ALL ORDINANCES AND PA.NTi OF ORDINANCES IN CONFLICT HEREWITH;ToPROVIDEANEFFECTIVEDATEANDFoRoTHER PURPOSES. WHEREAS, it is the desire of the Augusta, Georgia commission to update code provisions relating to the- p.o"rrr*;; "f goodJ and services so as to reflect changes i, c"o.gil law and to improve the effrciency of the procurement process; WHEREAS, it is the desire of the Augusta, Georgia commission to increase the effectiveness of the Local Small Busiriess opportunities program and to broaden the number of businesses eligible to farticip:" i" the program and to implement race and general neutral ,n"urrrr", to .iAr,t iiscriminati'on in Augusta' Georgia; *HEREAS, it is the desire of the Augusta, Georgia Commission to update and improve its DBE Progr* f"i;.t;-."t 9r iransportatign (DoT)' Federal Transportation Adminifuation efej, Federal A-viation Administration (FAA) u'd other federaly funded projects una to'.rsure fu[ compriance with state and federal regulations; WHEREAS, the DBE Program for DOT, FTA and FAA funded projects is to be approved uv tr,. o.pu,-'*"",. of Transportation before it is effective; *HEREAS, based on the foregoing, the Augusta, Georgia Commission recommerra, u-.rrding Article one, bt upt"t ten of the AUCUS14' GA COOr' SECTION 1. Aucusra, GA' Conr Aucusra, GA. CooE, re-adoPted JulY Article one, Chapter ten as set forth in the lA,2007,is hereby amended by striking this chapter in its entirety. A new Chapter ten is hereby inserted to replace the repealed Code Chapter ten as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. Lba,g*r 1Og (DBE Program) shall be effective only following approval of the Department of Transportation. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this 30 day of 1st reading June 21 zOlL June 2011. mmlsslon CERTIFICATION the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ? _ - . _) 2}ll and that such Ordinance have not been modified or-----Juft#U- rescind6i ii of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the Published in the Augusta Chronicle. Date: July 14 bpenhaver , Clerk of Commission Commission Meeting Agenda 7/18/2017 2:00 PM Joint Law Enforcement Center Department:Augusta Judical Circuit Superior Court Department:Augusta Judical Circuit Superior Court Caption:Discuss the preservation of the Joint Law Enforcement Center, 401 Walton Way. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee nreetings: Second and last Tuesdays of each month - l:00 p.m. CommissionlCommittee: (Please check one and insert meeting date) Dale of Meeting Dale of Meeting Date of Meeting Date of Meering Date of Meeting Date of Meeting Contact Information for Individual/Presenter Making the Request: R.aw Telephone Number: Fax Number: Z E-Mail Address;ry.300 *"{;rission Public Safety ConT mittee Public Seryices Comminee Adrninistrative Services Committee Engineering Services Commifiee Finance Comminee tionil'opic of Discussion Please send this reguest form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Nunrber: Fax Number: E-Mail Address: 706-821-1820 70682r-r838 nmorawski@augustaga.gov Requests may be faxed, e-nrailed or deliveretl in person antl Office no later than 9:00 a.m. on the Thursday preceding meeting of the follorving rveek. A five-minute time limit will must be received in the Clerk's the Commission or Committee be allowed for presentations. Commission Meeting Agenda 7/18/2017 2:00 PM Probation Services Order Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve revised Probation Services Order (7.11.17). (Approved by Public Safety Committee Committee July 11, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Page 1 of 21 IN THE STATE AND MAGISTRATE COURTS OF RICHMOND COUNTY STATE OF GEORGIA ORDER Pursuant to the provisions of O.C.G.A. §42-8-101, the Judges of the State and Magistrate Courts of Richmond County, with the approval of the consolidated government of Augusta, Georgia, the governing authority of said County, do hereby continue the established county system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in these courts and placed on probation in Richmond County. These services of supervision, counseling and collection are to be administered through a Probation Services Office (hereinafter “P.S.O.”) which is a division of the Richmond County State Court. The P.S.O. shall have probation and supervisory jurisdiction of all misdemeanor offenses authorized by statute. The P.S.O. shall be authorized to provide any other such services as deemed appropriate and as ordered by said Courts. The P.S.O. of said Richmond County Courts is hereby authorized to collect a monthly probation supervision fee of an amount set by the P.S.O. not to exceed the maximum amount allowed by law, to be paid into the general funds of Augusta, Georgia, if such fee is authorized by the sentencing judge and is contained in the sentencing order. The P.S.O. is authorized by this Order to proceed with the supervision and enforcement of any provisions of a defendant’s sentence by order of the courts, including the supervision and Page 2 of 21 enforcement of a probated or suspended sentence, and to do any and all acts necessary and proper to carry into effect the orders of these courts. Richmond County Probation Services Advisory Board There is hereby created the Richmond County Probation Services Board (hereinafter “Board”). The Board shall be comprised of the Chief Judge of State Court, the Chief Judge of Magistrate Court, the Augusta, Georgia Administrator and the Chair of the Public Safety Committee. In the absence of said Judges, each court may, during said absence, substitute that representative with another judge; and, any judge of said Courts may participate in discussions. The Commission member’s term of service as a member of the Board will run concurrent with the position as Chair of the Public Safety Committee. The Board shall have the following duties: 1. Prescribe the knowledge, skills and abilities required for Chief Probation Officer; 2. Recommend comments on the performance appraisal of the Chief Probation Officer to the Chief Judge of State Court; 3. Approve the default supervision fee amount when such amount is not stated by the sentencing court; 4. Review and approve standard operating procedures including supervision and other procedures and make recommendations, including any changes, in that regard; 5. Review regular reports, such as those summarizing rates of compliance, fines and fee collection, community service, and attendance at court-ordered programs; and 6. Consider and review requests from the Augusta, Georgia Board of Commissioners regarding modifications to the probation services program or this Order. Page 3 of 21 Chief Probation Officer and Probation Officers There is hereby created position of Chief Probation Officer, as authorized and approved by the governing authority of said county. The Chief Probation Officer shall be appointed by a hiring panel and shall serve at the pleasure of the Chief Judge of State Court. The hiring panel for the Chief Probation Officer shall consist of the Augusta, Georgia Administrator, the Augusta, Georgia Human Resources Director, the Court Administrator of the State Court, and at least one (1) outside consultant with probation expertise as agreed by the Chief Judge of the State Court and the Augusta, Georgia Administrator. The Chief Probation Officer shall report directly to the Chief Judge of State Court and as needed through his/her designee and shall serve at the will of the Chief Judge of State Court. The Chief Probation Officer shall hire all Probation Officers, Probation Office Supervisors and all support staff and such employees shall serve at the will of the Chief Probation Officer. The Chief Probation Officer and other Probation Officers shall have such duties, responsibilities, and authority as a probation officer under existing Georgia law, except as may be inconsistent with this Order, the Official Code of Georgia Annotated, or except as may be specifically modified from time-to-time, in writing by the Board. The Chief Judge of State Court, in coordination with the Board and the Augusta, Georgia Human Resources Department, shall establish a job description for the Chief Probation Officer, and other Probation Officers and staff, which job description shall set out in such detail as deemed appropriate, the duties, responsibilities, and authority of the Chief Probation Officer and Probation Officers and staff. Chief Probation Officer, Probation Officers and Staff Officers and employees of the P.S.O. will at all times observe and comply with all laws, ordinances, and regulations of the federal, state, and local governments which may in any Page 4 of 21 manner affect the performance of this Agreement. Officers and employees of the P.S.O. shall comply with the O.C.G.A. §42-8-101, et seq., as well as all standards and qualifications as set forth by the DCS and/or P.O.S.T. and/or this Order and/or the Chief Judge of State Court, and shall comply with any rules and regulations promulgated by the DCS Board, and/or P.O.S.T. and/or the Chief Judge of State Court to include any amendments as may be made from time to time. The standards and qualifications for officers and employees of the P.S.O. shall include: 1. Richmond County Probation Employee Requirements: A. Administrative/Support Staff: (1) Will be at least 18 years of age; (2) Will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; (3) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the Department of Community Supervision, (hereinafter “DCS”), as well as operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; and, (4) Consent to a criminal background check; and, (5) The following persons are not eligible for employment as an administrative or support staff person: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; Page 5 of 21 c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. B. Probation Officer Standards: (1) Will be at least 21 years of age at time of appointment; (2) Will be eligible to serve as a Probation Officer as defined in O.C.G.A. §42-8- 100, will be registered with DCS, approved by DCS and be in compliance with all DCS training standards or have proof of successful completion of the P.O.S.T. basic course of training for supervision of probationers and parolees, or P.O.S.T. Certified as a peace officer. A Probation Officer terminated for failure to maintain the ability to serve as a Probation officer is not eligible for re-hire until they have obtained such designation. (3) Will have completed a standard two-year college course of study (90 quarter hours/60 semester hours) or have four years law enforcement experience at the time of appointment; (4) Documentation of education, law enforcement experience, P.O.S.T. certification, and authorization to serve as a Probation officer pursuant to O.C.G.A. §42-8-100 shall be maintained in the employee’s personnel file; (5) Will sign a statement cosigned by the Chief Probation Officer that the employee has received an orientation on the rules of the DCS as well as Page 6 of 21 operations guidelines relevant to that employee’s job duties. A copy of the statement will be maintained in the employee’s personnel file; (6) Will receive training in and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file; and, (7) Consent to a criminal background check; and, (8) The following persons are not eligible for employment as a Probation Officer: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. (9) Supervising Probation Officers: Probation Officers in positions where they supervise other probation officers must be P.O.S.T. Certified as a Georgia peace officer. C. Chief Probation Officer: (1) Will have a minimum of five years’ experience in corrections, parole or probation services; (2) Will be P.O.S.T. Certified as a Georgia peace officer at time of application. Losing peace officer P.O.S.T certification while employed as a Chief Page 7 of 21 Probation Officer will result in termination of employment as Chief Probation Officer and such person is not eligible for re-hire as Chief Probation Officer unless they have obtained P.O.S.T. certification as a peace officer; (3) Be at least 21 years of age at time of appointment; (4) Will sign a DCS provided confidentiality statement agreeing to hold the identity of offenders and records confidential; (5) Consent to a criminal background check; and, (6) The following persons are not eligible for employment as Chief Probation Officer: a. A person convicted of a felony; b. A person with misdemeanor convictions sufficient to establish a pattern of disregard for the law; c. A person with a conviction, guilty plea or nolo contendere to any misdemeanor involving moral turpitude; d. A person with an outstanding warrant; and, e. A person with pending charges for felony, domestic violence or misdemeanors involving moral turpitude. 2. Criminal Records Checks Each employee of the Richmond County Probation Office will submit to a criminal background check completed by the DCS in accordance with O.C.G.A. § 35- 3-34. Completed fingerprint cards will be submitted with the Probation Employee Registration Form. Page 8 of 21 The Chief Probation Officer will notify the DCS and the Chief Judge of State Court in writing if that officer or other employee of the probation office has been charged, arrested, or pled guilty or nolo contendere to, or has been convicted of any misdemeanor or any felony. Notification will be made within ten (10) business days. 3. Training and Staff Development A. General All employees will receive training concerning and sign a confidentiality statement agreeing to hold the identity of offenders and records confidential. A copy of the statement will be maintained in the employee’s personnel file. All employees will be trained in the “Open Records Act” as found in O.C.G.A. §50- 18-70, through 50-18-77. A review of said Act will be conducted yearly and will be documented in the employee’s file. All employees will be trained in Part 2, of Title 42, of the Code of Federal Regulations governing confidentiality of alcohol and drug abuse patient records. A review of said regulation will be conducted yearly and will be documented in the employee’s file. B. Probation Officer Training: (1) Probation Officers will be required to be registered with DCS, approved by DCS and comply with all DCS training standards as a condition of employment; and (2) Will complete 20 hours of annual in-service continuing education training consisting of a curriculum approved by the DCS and/or P.O.S.T.; and Page 9 of 21 (3) All P.O.S.T. certified Probation Officers will comply with all annual P.O.S.T. training requirements; and (4) Training records will be maintained in the employee’s file. (5) Probation Officers desiring to become P.O.S.T. certified as Georgia peace officers will be provided an opportunity to do so in accordance with the guidelines established by the Probation Advisory Board. C. Chief Probation Officer Training: (1) The Chief Probation Officer is subject to all of the requirements of the Probation Officer training above except that the Chief Probation Officer will have current P.O.S.T. Certification as a Georgia peace officer upon hire. Probation and Related Services Provided P.S.O agrees to provide the following misdemeanor probation services for an on behalf of the Court: 1. Attend regularly scheduled Court sessions for the purpose of obtaining sentencing information and personal history information for each offender placed on probation and provide information in regard to current probation status if relevant. Dates of regularly scheduled court sessions will be made available to P.S.O. in advance. 2. Conduct an initial interview with each probationer at the time of his or her sentencing or as soon thereafter as is practicable for purposes of explaining the scope of the court order relative to fines, fees and/or restitution imposed. All requirements and conditions of the sentence and probation supervision will be explained to the probationer. Page 10 of 21 3. Collect from probationers, court ordered fines, restitution and other costs associated with the order of the Court. 4. Prepare referrals and lend assistance to probationers either ordered to receive or desiring counseling or employment assistance. Probationers identified by the Court as having special treatment needs will be referred to appropriate community programs and their progress followed and noted in their case record. 5. Alcohol/drug testing will be provided to probationers identified by the Court as having drug or alcohol related problems. Unless otherwise ordered probationers will assume the cost of regular and random drug and/or alcohol testing. 6. Provide electronic monitoring and intensive probation services to the Court and at the direction of the Court. 7. Coordinate community service work with agencies in Richmond County and other locations when ordered as a condition of probation by the Court appropriate and consistent with the skills of the probationers. Community service work programs shall include, but not be limited to, Richmond County Correctional Institution and other work clean-up programs. 8. Maintain information in case files for each probationer regarding compliance with the terms and conditions of probation, reporting dates, contacts as they occur and the amounts and dates of monies collected. 9. All reports, files, records, and papers shall be confidential and maintained as may be required by the DCS, and shall all be available only to the Court, and to others as specifically authorized by the Court or pursuant to O.C.G.A. §42-8-108, and O.C.G.A. §42-8-109.2, as hereinafter may be amended. Page 11 of 21 10. The following records must be maintained for a period of two years and records must be available and accessible for inspection by the Augusta, Georgia government, any Judge of State or Magistrate Court, Department of Audits and Accounts or the DCS upon request: a. Written contracts or agreements for probation services; b. All court orders for all probationers assigned to the entity for supervision; c. All accounting ledgers and related documents; d. All payment receipts issued to probationers for all funds received; e. All probation case history and management reports and documents; f. All other documents pertaining to the case management of each probationer assigned to the entity for supervision; g. The probation entity application for registration and supporting documents submitted to the DCS; and, h. The registration approval issued to the probation entity by the DCS. 11. Provide the Clerk of Court with a monthly listing of cases for which all fines and fees have been collected. In this manner, the Clerk will be notified as to when to remit amounts owed to other authorities for which amounts are collected, including restitution. Funds shall be disbursed on a monthly basis. 12. Provide to the Chief Judges of the Courts, the Board, and to the DCS a quarterly report containing the information required by the O.C.G.A. §42-8-108, or as may be required by the DCS. This information shall also be submitted annually to the Page 12 of 21 governing authority of Augusta, Georgia through the Augusta, Georgia Clerk of Commission. Other reports shall be provided in such detail as Augusta, Georgia, the Chief Judge of State Court, Department of Audits and Accounts or the DCS may require. To the extent required by law, all records of the probation office will be open to inspection pursuant to the O.C.G.A. §42-8-108(b). The DCS may produce aggregate reports summarizing statewide probation activities. 13. Reconcile all records with the Clerk’s Office on a monthly basis. 14. Assist the Court and law enforcement authorities in tracking absconders through the submission of a report that details the probationer’s personal history and employment information, the circumstances of his/her violation and his/her last known whereabouts. 15. If a determination is made that the probationer is lacking the resources to be able to make weekly or monthly payments, every effort will be made to convert the remaining fines or costs to community service hours. Probationers will be credited a dollar amount determined by the Court for each one (1) hour of community service performed and, the Court shall determine the procedure for determining eligibility. 16. All efforts will be made to deal promptly with indigent cases at the mid-point juncture, if not earlier, in order that there will be enough time remaining on the sentence for an appropriate disposition. 17. When the P.S.O receives confirmed notice or verifies information that a probationer has committed a material breach in conforming to the conditions of probation, it shall take appropriate contempt of court and/or revocation of probation action to bring the Page 13 of 21 breaches to the attention of the Court. The P.S.O. shall receive from the Court an executed court operating procedure that outlines the timelines associated with the reporting of probationer non-compliance. 18. Make every effort to provide consistent supervision so that each probationer generally has only one probation officer during the term of probation. 19. No Probation Officer or employee will engage in any employment, business, or activity that interferes or conflicts with the duties and responsibilities of this agreement. 20. No Probation Officer or employee shall have personal or business dealings, including the lending of money, with any probationers. 21. Provide to the Court as requested written reports on defendants on probation that appear before the Court for arraignment, trial or other hearings. 22. In the event criminal offenses are decriminalized by the Georgia Legislature, P.S.O. will monitor and collect fines and/or fees in such cases as may be required by the Court. 23. Provide the capability to accept payments by credit card and by any other method. Any fees or costs shall be paid by probationers. 24. Maintain on its staff a Spanish speaking employee who is appropriately qualified to communicate with Spanish speaking probationers/offenders to ensure that these individuals fully understand their obligations to the Court. 25. Maintain sufficient staffing levels and standards of supervision including the type and frequency of contacts that are in compliance with the agreed upon Court operating procedures. As determined by the Court, supervision levels will be as follows: Page 14 of 21 a. High Risk cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 250 active participants; b. Standard cases will be scheduled at a minimum of once a month for face to face meetings. Probation officers will maintain an average caseload of 325 active participants; c. Low Risk cases will be required to check-in via kiosk, telephone or mail-in on a monthly basis and will be scheduled at a minimum of once every 90 days for a face to face meeting. Probation officers will maintain an average caseload of 375 active participants; d. Financial Services participants will be scheduled for payment on a monthly basis and will not require face to face meetings unless non-compliant; and, e. These levels of supervision may be modified by the Court as conditions may require. f. The Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, designate additional criteria to be used for assessing the appropriate probation risk level for their court. 26. The P.S.O. shall not require probationers to continue to address probation conditions beyond the term established in the original sentence, or for a time period beyond that which is provided under appropriate tolling procedures. 27. Supervise participants of a Pretrial Intervention and Diversion program as requested by the Prosecuting Attorney and approved by the Court. Page 15 of 21 28. Provide for the supervised release of pretrial defendants as ordered and directed by the court. 29. Provide for the supervision of bond condition(s) and Temporary Protective Order compliance as ordered and directed by the court. 30. Assist in the development, implementation and reporting for grants as appropriate. 31. Attend any and all sessions of various accountability court programs as directed and supervise participants as directed. 32. Provide other services to the courts or county departments as permitted by law. Service Fees 1. Each sentence shall provide for a probation or monitoring fee and technology fee payable for each month of the probation or suspension period of the sentence. Other fees and charges shall be charged and collected as provided in this Order. All the fees and charges in this Order may be changed by the Probation Services Advisory Board or the Chief Judge of State Court at any time. Unless otherwise adjusted by the Board or the Chief Judge of State Court, starting April 1, 2018 and continuing annually on each April 1st, all of the fees and charges contained in this Order shall be increased by the annual Southeast Consumer Price Index for All Urban Consumers (CPI-U) of the previous year. In the event that the Southeast CPI-U is a negative number, the charges and fees shall remain the same for such year. The initial fees from the time this Order is executed through March 31, 2018 shall be as follows: a. One dollar ($1) per month technology fee. b. Nine dollar ($9) one-time fee for the Georgia Crime Victim Emergency Fund. Page 16 of 21 c. Thirty-two dollars ($32) per month in those cases in which the P.S.O. is collecting fines, and surcharges ordered by the Court in a probated or suspended sentence. The maximum fee imposed shall be as set forth in the O.C.G.A. §42-8-103. d. Thirty-five dollars ($35) per month in those cases in which the P.S.O. is providing probation supervision or monitoring services for conditions inclusive of victim restitution. When all special conditions of the probated or suspended sentence, other than payments of fines and surcharges, are completed, the supervision fee shall then be reduced to Thirty-two dollars ($32) per month and limited as set forth in paragraph “a”. e. The P.S.O. may charge a one-time fifteen dollar ($15) enrollment fee to defendants who require supervision of conditions of the Court’s sentence. The enrollment fee may not be charged in pay only cases in which P.S.O. is only collecting fines, and surcharges. f. Probationers will pay for random drug and/or alcohol testing and the P.S.O. will provide such testing at a rate of fifteen ($15) for initial on-site testing and twenty- five ($25) for lab confirmations at the request of the probationer. g. Probationers will pay for electronic monitoring services and the P.S.O. will provide such services at a rate of six ($6), per day for house arrest, nine ($9) per day for GPS tracking, eight ($8) per Portable Breath Alcohol test, six ($6) per day for MEMS in-home Breath Alcohol testing, and eleven ($11), per day for SCRAM. h. Probationers will pay for enrollment fees for the electronic monitoring services described in subsection (e) herein at the following rates: Page 17 of 21 i. Electronic monitoring - $25.00; ii. GPS tracking - $40.00; iii. MEMS in-home Breath Alcohol testing - $25.00; iv. BART - $40.00; and v. SCRAM - $40.00. These enrollment fees shall be due and payable for each instance that the electronic monitoring services are ordered by the Court. i. The P.S.O. shall transfer each case to an unsupervised status and all probation supervision fees shall cease when all conditions of the probated/suspended sentence that require supervision have been successfully completed, unless the Court specifically orders otherwise. Pay only sentences shall be terminated upon full payment of the amount owed by the probationer. 2. Probation and/or the monthly probation or monitoring fees may be modified, suspended or terminated by the Court as determined necessary in the Court’s discretion. 3. Payment of fines and fees will be set according to the sentencing order of the Court. For those probationers requiring a payment plan due to financial inability to pay in full, a payment plan will be set out for each probationer by the P.S.O. The P.S.O. in establishing each payment plan will take into consideration the ability of each probationer to pay. 4. After three months of noncompliance of the terms of probation, probation fees shall cease, the P.S.O. shall advise the Court of said noncompliance by sworn affidavit of Page 18 of 21 the probation officer. Probation fees shall recommence at the conclusion of any rule nisi hearing based on the Court’s ruling. 5. The P.S.O. will complete a financial assessment on those probationers reporting financial hardships and requesting assistance. The Court will be advised of any confirmed financial hardships and appropriate sentence modifications will be sought including addressing probation supervision fees. 6. The P.S.O. will not collect probation supervision fees in advance and will not collect probation fees for any months not authorized by court order. 7. Probation supervision fees will be assessed on a monthly basis. Individuals, who are being supervised by the P.S.O. via electronic monitoring, remote alcohol testing, or GPS tracking, will not be charged a monthly probation supervision fee while on monitoring. Previously paid fees will not be reimbursed to the probationer when a conversion to community service occurs during the probated term. 8. P.S.O. fees collected from the probationer will be disbursed first toward the Georgia Crime Victims Emergency Fund (“G.C.V.E.F.”), second in payment to restitution recipients and the balance to the Augusta, Georgia consolidated government, to be disbursed as provided by law. 9. The P.S.O. will collect the G.C.V.E.F. fee pursuant to O.C.G.A. §17-15-13, as directed by the Court, from each probationer placed on probation as required by Georgia law unless the Court exempts the probationer. The P.S.O. will remit all collections on a monthly basis to the Georgia Crime Victims Compensation Board. Department of Community Supervision Page 19 of 21 The P.S.O. must be registered and in good standing with the Department of Community Supervision. Further, the P.S.O. must adhere to all duly promulgated rules and regulations of said Department established by DCS per O.C.G.A. §42-8-106. Term, Default and Agreement Termination Procedures Richmond County Probation Office records will be open to audit by the courts and the Augusta, Georgia Finance Department (or their designees) with appropriate written notice to ensure compliance with state law, Augusta, Georgia policy, and the rules and regulations of the DCS. Probation records will be open to inspection and investigation by the DCS or its designated representatives to determine and monitor compliance with requirements. The probation office will diligently work to correct areas of noncompliance prior or subsequent to their discovery by the DCS. Augusta, Georgia understands that the DCS has the authority to impose sanctions, deny, suspend, or revoke the registration approval of a probation entity for noncompliance with registration requirements. Augusta, Georgia further understands that the Chief Judge of State Court and the Chief Judge of Magistrate Court may, by order, implement procedures consistent with the intent of this agreement. The said Courts of Richmond County have established the Probation Services Office, with the approval and consent of the Augusta, Georgia Board of Commissioners, to directly supervise participants and probationers as set forth herein as evidenced by its execution of this agreement by its properly authorized official. The Courts and Augusta, Georgia further agree that prior to termination or reduction of the services contained herein, the party requesting such changes shall provide at least sixty (60) Page 20 of 21 days’ notice of the intended action. Termination or reduction of services may be addressed by one of the following actions: a. By Commission formal action after discussions with the Courts or b. By Order of the Court, with approval from the governing authority. The Courts and Augusta, Georgia further agree that, in the event there is action taken by the Georgia legislature causing probation services to no longer be a judicial function, this agreement shall be reconsidered by both parties within sixty (60) days of the passage of such legislation. This Order shall be effective until December 31, 2021. This Agreement may be renewed thereafter by mutual consent of the parties. This Order may be amended from time to time by mutual consent of the parties. Approvals On behalf of the Courts of Richmond County: ____________________________________________ Richard A. Slaby, Chief Judge State Court of Richmond County ____________________________________________ David D. Watkins, Judge State Court of Richmond County ____________________________________________ Patricia W. Booker, Judge State Court of Richmond County ____________________________________________ Kellie K. McIntyre, Judge State Court of Richmond County Page 21 of 21 ____________________________________________ William D. Jennings, III, Chief Judge Magistrate Court of Richmond County ____________________________________________ H. Scott Allen, Presiding Judge Magistrate Court of Richmond County On behalf of the Augusta, Georgia Government: _____________________________________________ The Honorable Hardie Davis, Jr., Mayor Commission Meeting Agenda 7/18/2017 2:00 PM 2016 Audit Report Department:Finance Department:Finance Caption:Receive as information the results of the 2016 financial audit. Background:As part of the annual financial audit process, the results of the audit are presented to the commission by our audit firm - Mauldin & Jenkins Analysis: Financial Impact:none Alternatives: Recommendation:Receive as information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Revenue Street Lighting Department: Department: Caption:Discuss/approve revenue source for Street Lighting. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/18/2017 2:00 PM Affidavit Department: Department: Caption:Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo