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Home My WebLink AboutBRW CONSTRUCTION GROUP ". . .. ' I I I I I I I I I I I I I I I I I ~ It /7 9 so CONTR.A.CT DOCUMENTS AND SPECIFICATIONS FOR AUGUSTA WATER SYSTEM IMPROVEMENTS CHLORINE BOOSTER STATION BOND PROJECT NO. 10110 Augusta-Richmond County, Georgia -=-~== ~ /Y-~~ ~ /, ~ I' ~ .' -. ", " . = ( ( ", .~. ( I 01.11 "'I'~-." lI.t'" 'U'I b "".. ..~.. ." r ~..... v..r'" ~ ~ \. I \ \ f. / \\" "~ illll.mJOO\.~lXlOOm...n!WI.DI '. / / " ~'"- ll1~@ ...-;~ , -=---= ~-= ," ,~~~~ AUGUSTA-RICHMOND COUNTY COMMISSION Cranston, Robertson & Whitehurst, P.C. Engineers - Planners - Surveyors P.O. Box 2546 - 452 Ellis Street Augusta, Georgia 30903 November, 2004 ...,., 01-387 -16-2005 00:04 ARC PURCHASING 7063124602 P.02/02 I ~~ ~10eU/T-e?'nBn.t &~~ 9Ui' @f>>fi ({}h~. &~ R 0 I .A I I I I I I I I I I I I I I I I I ADDENDUM TO: FROM: DATE: SUBJ: All Bidders Geri A Sams May 16, 2005 Addendum #2 Bid Item #OS-061A Please note the following addition/changes to your bid specifications: PROJECT NO. 10110- AUGUSTA WATER SYSTEM IMPROVEMENTS - CHLORINE BOOSTER STATION The bid opening date has been changed from Wednesday, May 18, 2005 @3:00 p.m. to Monday, May 23, 2005 @ 3:00 p.m. I. The following items have been revised or added to the contract documents and specifications: A Revise all references to the time of completion from Ninety (90) to One- Hundred- Eighty (I 80) days. IT. The following clarifications/amendments have been made to the contract drawings: (No revised contract drawing sheets will be reissued.) A. Revise all references to the time of completion from Ninety (90) to One- Hundred-Eiehty (180) days. ' Please acknowledge receipt of addendum in your bid package. If you have, any questions regarding this correspondence, please contact me at (706) 821-2422. Room 605 - 530 Greene Street, Augusta, Georgia 30911 (706) 821-2422 - Fax (706) 821-2811 WWW.llt1rnsta~~OV Register atwww dem8ndstar,c:om/8Uppll~ for alItOmatlc bid notifiC<1tion TOTAL P.02 I I I I I I I I I I I I I I I I I I I Addendum No.1 to the Contract Documents and Drawings for the construction of PROJECT NO. 10110 AUGUSTA WATER SYSTEM IMPROVEMENTS - CHLORINE BOOSTER STATION Our File No. 2001-387 May 10, 2005 1. The following questions from the Pre-Bid Conference and subsequent correspondence have been addressed: A. What is the amperage of the service to the new building? See enclosed detail on Page 2 of 2. B. What type and size of wiring is required for the signal line to the altitude valve pit? The signal line between the sodium hypochlorite system and the altitude valve shall be a low voltage cable to be coordinated with the system supplier. C. What type of breaker is required to match existing equipment? See enclosed detail on Page 2 of 2. D. Is the wiring on Sheet 5 of the contract drawings factory installed or field installed? Internal wiring shall be coordinated with sodium hypochlorite system supplier. IT. The following clarifications/amendments have been made to the contract drawings: (No revised contract drawing sheets will be reissued.) A. Sheet 3 - Revise 2" and 4" PVC conduct for electrical to 1" and 11/2", respectively. B. Sheet 4 - Revise power service note from single phase to three phase. C. Sheet 6. Building, Note IF - Delete in its entirety and replace with "prewired electrical panel suitable for 1201208 volt, 3 phase, 125 amp M.L.O." D. Sheet 8 - Add enclosed detail on Page 2 of 2. Addendum No.1 Page 1 of 2 I I I I I I I I I I 1 ii~ 1 t ~ ~' 1 J~ 1 Ii I I z G' ~ 1\ r~ 1 0 It V) . ~ I I ~i ) 08 ~. II. ) fl~ ~ t'-' q~ ~ . tf~ . "va ~ ~'fl -:;a ~ ~ ,c 1.1 - * . ~'" _ 1 l' Z.. ~ ~ : . - ------." 1 ~ 'i- ..... ~ j:J~\IIi31 \' ~ I"c { ~~ii ~~f.f I J t ~ f ~L "0 n.. ~ .... ",'Yi:i"" , "P . - ~ f\1: V \.fIJ ,-l ~ t ~ \\ '" - f .w ~ ~ ~U~fFI~ r t ~ f\ ~ ... '" :71j ~} .. . t, -I ~ ~ fJ,! i ~ l1:~ ~ iA '=' r ~ ~ f ? ~ '1 fif u 11 S : i Jl ~ 1" ~ ~j! Jq ~:~~~l . \A ~ ~ t t-C!'" '{RGlffiE ~ t ~,~ ~ ..t ~'S'toj t' f ~ f' l:f. :( i?~ r-- , t~ -li1 L.:a I ~..J ~f~~ ~pf" } $: ~ ) "'O~ --.. ~ir' ~ · i I f-Pl-a '')(~ .. \Ill ~ jl \jJ' , 3 · t " !P;t\,li i r r ~, ~ a \0. N \; . \\ Qi)~ -. ~ ~ ~ flP~ i p-t- Addendum No 1 . Page 2 of 2 I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AUGUSTA WATER SYSTEM IMPROVEMENTS CHLORINE BOOSTER STATION BOND PROJECT NO. lOBO Augusta, Georgia AUGUSTA-RICHMOND COUNTY COMMISSION The Honorable Bob Young Mayor Betty Beard Marion F. Williams Barbara Sims Richard Colclough Bobby G. Hankerson Andy Cheek Tommy Boyles Jimmy Smith Williams H. Mays, ill Don A. Grantham Max Hicks Director, Augusta Utilities Department Cranston, Robertson & Whitehurst, P.C. Engineers - Planners - Surveyors Augusta, Georgia November, 2004 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS SECTION TITLE NO. OF PAGES I Invitation for Bids 1 IB Instructions to Bidders 3 P Proposal 3 BB Bid Bond 2 NA Notice of Award 1 A Agreement 3 PB Performance and Payment Bonds 5 NP Notice to Proceed 1 GC-O Index to General Conditions 1 GC General Conditions 57 SC-O Index to Supplementary Conditions 1 SC Supplementary Conditions 7 TS-O Index to Technical Specifications 1 TS Technical Specifications 57 I Invitation To Re-Bid I Sealed re-bids will be received at this office until 3:00 p.m., Wednesday, May 18, 2005: Re-Bid #05-061A Augusta Water System Improvements Chlorine Booster Station for Augusta Utilities Department I I Re-BIDS will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 I Re-BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of$50.00 (non-refundable) Documents may be examined by appointment only during regular business hours at the offices of Augusta, GA Procurement Department. I I A MANDATORY Pre-BID Conference will be held on Tuesday, April 26, 2005 at 10:00 a.m. in Room 605 of the Procurement Department. All questions must be submitted in writing by Friday, April 29, 2004 @ 3:00 p.m. to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. I It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. I No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. I I Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Anypackage found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark BID number on the outside of the envelope. I Bidders are cautioned that sequestration 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. I Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program Human Resources Department at 706-821-2303. I GERI A. SAMS, Procurement Director I Publish: Augusta Chronicle Augusta Focus March 31, April 7, 14,21,2005 April 7, 2005 I cc: Tameka Allen Yvonne Gentry Max Hicks Doug Cheek Jim Rush Augusta, GA Interim Deputy Administrator Augusta, GA DBE Coordinator Augusta, GA Utilities Department Augusta, GA Utilities Department CH2M Hill I. I I I I I I I I I I I I I I I I I I I I I Revision October, 2001 SECTION m INSTRUCTION TO BIDDERS m-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. m-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. ill-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta Utilities Department c/o Augusta Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, ifissued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. ill-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. IB-l I I I I I I I I I I I I I I I I I I I Revision October, 2001 Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer ofthe 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. m-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. m-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 EQUIP:MENT STATE:MENT, 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 ofthe 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-2 I I I I I I I I I I I I I I I I I I I Revision October, 2001 m-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. m-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. m-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders are required to submit a statement of qualification for themselves, a list of qualified subcontractors (including local vendors) and all minority or economically disadvantaged firms with their bid package. If the firm does not fall into this category, no information is necessary. IB-3 I I I I I I I I I I I I I I I I I I I SECTION P PROPOSAL DATE: May 23, 2005 Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and to perform all work for the project referred to herein as: AUGUSTA WATER SYSTEM IMPROVEMENTS CHLORINE BOOSTER STATION BOND PROJECT NO. 10110 in strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: {),(E,. fl~. .$.ff'r p",,~ -rNOrl~AJ ,;.,~ !-Iu,ftJKeb, ~,~-FDve . ,and J, /100dolJars~ The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within Ten am calendar days after the date of written notice to proceed, and that he will complete the work within Ninety (90) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Addendum #1, May 10, 2005 & Addendum #2. May 16,200S Enclosed is a bid guarantee, consisting of in the amount of 'h:>n [ll=>rf'l=>nr of bid alilgYIlt Respectfully submitted, BRW Construction Group, LLC. FlRM NAME PO Box 1806 Savannah,GA.31402 BUSINESS ADDRESS. ByG?L~ ~ Robert K. Beck TITLE: President P-I I I I I l I f I I I I I I I I I I II II II If II II I BID SCHEDULE AUGUSTA WATER SYSTEM IMPROVEMENTS CHLORINE BOOSTER STATION TO ACCOMPANY THE PROPOSAL OF BOND PROJECT NO. 10110 BIDDER: BRW Construction LLC. ADDRESS: PO Box 1806 Savannah, GA. 31402 ITEM NO. 1. 2, 3, 4. 5. 6. 7. 8. 9. 10. 11. 12. DESCRIPTION. OUANTITY. UNIT & UNIT PRICE Precast concrete building complete with accessories and finishes as specified, installed complete 1 EA @ $ 40, S Sq..!!!..IEA CLOR- TEC on-site sodium hypochlorite generation system, complete as specified Lump Sum Electrical service and system wiring, complete Lump Sum System piping (includes all piping inside of building) Lump Sum 111 copper water service, installed complete with service saddle and valve 1 EA @ $ 3,S2Jtf.o lEA 3/4" PVC., sodium hypochlorite injection line, installed compete with service saddle and valve suitable for 0.8% sodium hypochlorite solution3 CZC:. .. 1 EA @ $ ,3c;.1J-"" lEA 311 diameter PVC drain pipe SDR 35, Depth 0' to 6', including Type II bedding material, 411 floor drain and tie to existing storm drop inlet Lump Sum 411 thick concrete sidewalk 150 S.F. @ $ ~ IS.F. 611 graded aggregate base & 211 asphyaving 350 S.Y. @ $ z.. 7~ IS.Y. Subtotal Crushed stone construction outleb. _ 1 EA @ $ l:'/~ lEA Inlet sediment trap '/(, So 2 EA @ $ lEA Pipe bollards IiJO. 2 EA @ $ Z.()~ lEA P-2 AMOUNT cO $ 4o,5Sf=- . $ '{"Si-<fOO CID $ IQ300- $ 3,BI8~ . $ 3S24~ . . $ ~ 38S.J!SL - 3, ,iflD- $ ~1r .- $ '.5~ . $ /4-1, 8lo/~ . $ $ 8qo~ $ I cr,.e $ - '11Z- I ITEM NO. II 13. I I 14. I I I I I I I I I I I I I II I' I, I, I DESCRIPTION. QUANTITY. UNIT & UNIT PRICE Double 10' chain link: gate, installed co~ete 1 EA @ $ 2.,200--- lEA Lump sum construction (includes but is not limited to the items listed) Mobilization, Demobilization Bonds and Insurance Traffic Control Raise to Grade Valve Boxes Miscellaneous Grading Property Restoration and Permanent Grassing Temporary Grassing (ifr~quired) Silt Fence, Type itA" Lump Sum $ Grand Total $ P-3 AMOUNT 8C $ 2r2s~ - 16,81a-- cae. 1Y1, ~31- I I I SECTION llB all) BOND I , BRW Construction KNOW ALL MEN BY THESE I'RESENT.S, tlLat we, cite 0 G LLC Companion Propeny Ol -~~P: .~ ___~_ - as Princ;pal. iUld Casualty Insurance Com,g'!!'.hty. 'Te hereby I I held and firmly boond Uoto the Au~ust'-_ond County CommisoioQ af Augusta, Ceo:r" " . . . Ten Percent of Bid amount, penal sum not to excee Owner J/l the pCl1all>um 01 thirty thousand dollars I :lnd severally bind Clur!:c::lv~s. our heirs. executors, administrators, successors and alo"Signs. tofthe paymtnl of which, well and trlJ!Ytobe ma.de, vve her~byjointly Signed this 23rd day of May 2005, "----.> - I I AugU!>1i1-Richnmnd Couoly Commission of Augusta, Georgia, a certain aid, attached hereto and The cl>ndiriollllflnt: above Llbligatioll is such iliat where:a:5 the PrincipaJ has submitted to the ht:n:by mad\::. part ben~of(o entc:r into Ii contract in writing for AUGUSTA WATER SYSTEM I IMJ~ROV[MENTS> ClfL.ORINI!: .BOOSTER STATION, BOND PROJECT NO. JOllO, for I Augu:na. Gt:orgia. in accordance with plan:! and speci.fications of the AUb'llSta Utilities Department. I NOW. THEREFORE, (.1) If:;ilid Bid ,:{b(lll bl: rejected. or in the alternate, I I (b) I r said Bid shall be: acctpLed and the Principal shall execulc ind deliver a contract in Ihl.:: Foml of COntracl attached hereto (properly completed in accordance \lfith said 8id) and SJlafJ turnisb a bond for his faithful perforrnCUlcc of said contract, and forthe payment of all perSons performing labor or furnishing materials in connection thefewith. and shall in aU olher respects perform the ~ment created by the acceptance of said Bid, thell this obligation shaJJ be void, ot&erwil>e the Sllme shall remain in force and c:ffect; it beillg expressly understood and agreed that the liability oj' the Surety for any Clnd all claims hereunder shaU, in no cvem, exceed the penal amount of this obligation as herein stated. I I lht: S\Jrely. for villuereceive,hereby stipulates and agrec:i: that lhe obliga.tions of said Surety I illld iL:i blind shall be il1llo ''''''''lY impnired or aft'ected by any extension of the time within which the Own~r ma)' ar.;cept such Bid; and said Surety does hereby wltive notice of my such eXI~nsion. I 8B~1 I I I I I I I I I I I I I I I I I I I I iN WiTNESS WHl:.REOF, [he:: Principal and the Surety have hereunto set their hands and thc;;e pre:>enl S [0 he ~ig['ed hy their properofticers, the day and ye~dirst set f"Orth above, seills. and su<:h Clt"them a:: fire corporations h1\vc:; caused their corporate seals to be hereto affixed and S:~Ill:d <Ind );~nJcd this _ _ 23~~ ,.' , __ day of May A.D. 20 _~~. Wirnes's _(iJ~ .iJ. G?~ ~nstruc~Group" L, LC , .!'k ~ ~ jSeaJ) (Principal) At[l:.~1 _.....-. .--..--.-.... By Pre~~ (Title) (Seal) Witness ~~ .....-- Companion Property & Casualty Insurance Company (Seal) (Surety) A[t~,..~ BY.O _UJ/Ld. (TItle) Donald H. Gibbs, Attorney-in~Fact BB-2 I I I I I I I I I I I I I I I I I I I COMPANION PROPERTY & CASUAL TV INSURANCE COMPANY p, O. Box 100165 (29202) 51 Clemson Road Columbia, SC 29229 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY had made, Constituted and appointed, and by these presents does make, Constitute and appoint Andrew C. Heaner of Atlanta, Georgia; 'Richard L. Shanahan of Atlanta, Georgia; Scott Stoltzner of Birmingham, Alabama; Arthur S. Johnson of Atlanta, Georgia; Lenora N. Cape of Gainesville, Georgia; Mary F. Holland of Chamblee, Georgia; James E. Feldner of West Lake, Ohio; Jeffrey L. Booth of Parma, Ohio; or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attomey for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obliges provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount oOhe sumof $1,OOQ,OOO (One Million dollars). This Power of Attorney is granted and is signed' and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY on the 27th day of August 2004. RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof, the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY has caused its official seal to be hereto affixed, and these presents to be signed by its President and attested by its Vice President this 27th day of August 2004. Attest COMPJ\NIOIIrPRC;>PERTY ~~ALTY INSURANCE CO~ANy /J~ By:~m ~ tI..; Charles M. Potok, President Curtis C. Stewart, Vice President & CFO STATE OF SOUTH CAROLINA COUNTY OF RICHLAND On this '\ I-L day of S~~~b...,. . '2.ciJ4 . before me personally came the above named Offi~~"t~~;;:~"()~ who being by me duly swo ,did depose and say that he resides in Columbia, in the County of Richla~~f, ~~te:~~~9ittat';'". Columbia; that he is the President of COMPANION PROPERTY & CASUALTY INSURANCE COMP~N'ft,;ttieAArpofatl?n""./;:~ descri~ed. in and whi~h executed the above instrum~nt; that he knows the seal of th~ said C?rporation; tP.at)Jhe,~~1 aflix~9}p-2 \ the said Instrument IS such corporate seal; that It was so affixed and that he SIgned hIS name th!ilre~ p,u~suaDt to-.dU7--,'f: uth . ti ~ ~- - '" ".....!- a onza on. ~ :')\:::::- / .~" .; ~~ ; . (/J". 'k ~ Notary Public. state of BC. QuaOfied ;n R;chland County Comm;ssK>n Expires: \~.: 1.~.~.'<\~'0~/ ~TATE OF SOUTH CAROLINA "::'J'?"","!J 0.'5 '.-.",.' COUNTY OF RICHLAND' . ':"'i'...,"j!,.... I, the undersigned, an Officer of COMPANION PROPERTY & CASUALTY INSURANCE COMPANY, a South Carolina Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and, furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in the Power of :::~dn::,: foal:e CRy of Colomb;a. Dated the ;yti of ;l1~2c;J ~~d Number 661 Curtis C. Stewart, Vice President & CF'O I NOTICE OF A WARD I I DATE: 06/22/2005 CONTRACTOR: BRW Construction Group. LLC I ADDRESS: PO Box 1806 I Savannah City GA 31402 State Zip Code PROJECT: Chlorine Booster Station PROJECT NO: 20225 I I At a meeting of the Augusta Commission you were awarded the Contract for the following Project: held on (Date) 06/21/2005 I Augusta Water System Improvements - Chlorine Booster Station Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the I paqes. affixinq siqnatures. dates. notary and/or corporate seals. etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. I The Certificate of Insurance must be complete. I Power of Attorney must be submitted in triplicate; an original and two copies is permissible. Very truly yours, Augusta Program Management Team I I Cj~'P James Rush I ~:::::W~::.~~:4~ ~m ~esl.~~t Contractor By Title Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department Attn: Program Managers 2005 I I I 360 Bay Street, Suite 180 Augusta, GA 30901 I I 20225 JR 05 06 22 M NOA SRW CONST.DOC I I I I I I I I I I II I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 2pt of June, 2005, by and between AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and BRW Construction 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 described in the specifications for the project entitled: AUGUSTA WATER SYSTEM IMPROVEMENTS CHLORINE BOOSTER STATION BOND PROJECT NO. 10110 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 -- LIOUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ten QQ) calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within One Hundred Eighty (180) calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDmONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion there of within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the 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 to the Owner the sum of Two Hundred Dollars ($200.00), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. A-I I I I I I I I I I I I I I I I I I I I 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 performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III - PAYMENT (A) THE CONTRACT SUM The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) PROGRESS PAYMENTS On no later than the fifth day of every month, the Contractor shall submit to the Owner 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 quantities in place and at the unit prices 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 and acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by the 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 the 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. A-2 I I I I I I I I I I I I I I I I I I I (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governIng final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (SEAL) / ATTES~ iif7~ 1 rk 'i/a.tf tJ. '7J1t>>ar.: .d~ Witness (SEAL) CONTRACTOR: By ~~it~~ Address~. 0 ~o')(... 1 ~ () {p ATTEST: Secretary ~ iJ.@~ Witness ~auaW"\\'\a..k I ~ alt.!-O~ A-3 I I I I I I I I I I I I I I I I I I I 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-RICHMOND COUNTY COMMISSIQN 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 lias by said written agreement dated entered into a contract with Owner for the c'onstruction of AUGUSTA WATER SYSTEM IMPROVEMENTS, CHLORINE BOOSTER STATION, BOND PROJECT NO. 10110, Augusta, Georgia, 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) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the' contract or contracts of completion arranged PB-l I I I I I I I I I I I I I I I I I I I 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, II 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 (Seal) (Title) By Witness (Seal) (Surety) Attest (Seal) (Title) By PB-2 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, 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 hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of AUGUSTA WATER SYSTEM IMPROVEMENTS, CHLORINE BOOSTER STATION, BOND PROJECT NO. 10110, 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 PB-3 I I I I I I I I I I I I I I I I I I I (3) (4) last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final 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 (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 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 I I I I SECTION NP NOTICE TO PROCEED ~, CUST, .: e --c. NOTICE TO PROCEED DATE: TO: I I I Attn: Address City, State PROJECT: Augusta Water System Improvements Chlorine Booster Station PROJECT NO: 10110 I You are hereby notified to commence WORK in accordance with the Agreement dated I I on or before , and you are to complete the WORK within Ninety (90) consecutive calendar days thereafter. The date of completion of all WORK is therefore I I Very truly yours, Augusta Program Management Team Project Engineer I I I I Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , 2004 Contractor: By: Title Please sign and return one copy of this Notice to Proceed Acknowledgment to: I I I CH2M Hill (Attn: Program Management) 360 Bav Street: Suite 100 AUl!Usta, GA 30901 NP-l I I I ARTICLE I -01. -02. -03. I -04. -05. -06. I -07. -08. I -09. -10. -11. I -12. -13. I -14. -15. -16. I -17. I I I I I I I I I SECTION GC-O INDEX TO GENERAL CONDITIONS Definitions Preliminary Matters Contract Documents: Intent, Amending, Reuse Availability of Lands, Physical Conditions, Reference Points Bonds and Insurance Contractor's Responsibilities Other Work Owner's Responsibilities Professional's Status During Construction Changes In The Work Change of Contract Price Change of Contract Time Warranty and Guarantee; Tests and Inspections: Correction, Removal or Acceptance of Defective Work Payments to Contractor and Completion Suspension of Work and Termination Dispute Resolution Miscellaneous GC-o I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions of clarifications of the Contract Documents which have been duly issued by COUNTY 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 Pcryment-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 3.4 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) 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. GC-l I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 COUNlY-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 deficient, or 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 the 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 and Regulations: 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 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. GC-2 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL who IS assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by 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 consIstmg 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 II and "substantially completed II 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. GC-3 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 Directive Change-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 Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the 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 nontechnical rather than strictly Work-related aspects of the Contract Documents. GC-4 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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, effort, 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 PROJECT MANAGER 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 GC-5 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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 COUNTY 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, Project Manager, 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, 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 Project Manager 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 to and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSlONAL 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. GC-6 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 Proj ect (or part thereot) 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 application 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 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 reasonablyshave known thereof. GC-7 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 3.6.3. a Work Directive Change (pursuant to paragraph lOA). 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 ofa Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9A). 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 oil 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. GC-8 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 4-A V AILABILITY 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, II 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 GC-9 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 CONTRACTOR shall give COUNTY 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 Project Manager 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 Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is 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 OWNERS 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 OWNERS 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 he 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 GC-I0 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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: 4.5 COUNTY 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. COUNTY 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 COUNTY 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 GC-ll I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation 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 a 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: GC-13 I I I I I I I I I I I I I I I I I I I Revision Date August, 200 I 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; 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 coverages and be written for not less than the limits ofliability and coverages 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 lot 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 veal 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. GC-14 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such. other perils as may be provided in the Supplementary Conditions, and shall include damages, 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 GC-I5 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROF- ESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5. 12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the 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 willing 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 GC-16 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 Wode, 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 necessitated thereby. The insurers providing the property insur- ance 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 COUNTY, PROGRAM MANAGER, and its employees and agents from and against al11iabi1ities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such 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 and 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 COUNTY 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 COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-17 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 6--CONTRACTOR'S RESPONSffiILITIES 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 whiten 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 CON- TRACTOR. 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 layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 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 m 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. GC-18 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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 General Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute GC-19 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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 in advance of the specified date 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 falling 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 ,n 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 per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 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. GC-20 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 of patent rights or copyrights incident to the use in the performance or 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 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. GC-21 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR 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 contaminates resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any pan 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. GC-22 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to 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: 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 GC-23 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 ari emergency, a Work Directive Change 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 personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Proj ect, 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 County 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 County staff. 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. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation GC-24 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, 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. 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 Project Managery staff. 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. 6.28. 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 Project Manager 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. 6.29. 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 pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in wilting. GC-25 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates 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 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 PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in pan 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 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, GC-26 I I I I I' I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 7---0THER 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 ailed 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 pans 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 or' 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. GC-27 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 8---0WNER'S RESPONSmILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project 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. Para- graph 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 CON- TRACTOR under certain circumstances. GC-28 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 deter- mine, 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. GC-29 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 m 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 PROFES SIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any, such claim, dispute or other matter (except any which have been waived by the making. or acceptance of final payment as provided in paragraph 14. 16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other 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 OIlllSSlons of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-31 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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). PROF- ESSIONAL'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. GC-30 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE lO--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 Project Manager 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 Project Manager 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 7. 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. lOA. In the absence of an agreement as provided in 11.1.3, OWNER may, at its sole discretion issue a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 12.1.3. The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, 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 Construction Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by O\VNER, 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. GC-32 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE ll-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. GC-33 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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 determine, 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 GC-34 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 PROFESSIONAL's 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 CONTRACTOR's employees incurred in discharge of duties connected with the Wark. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, 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 pans 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). pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for 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 the Work. GC-35 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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, PROFESSIONALs, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, 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 para- graph 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. 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. GC-36 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 CONTRACTOR's Fee: 11.6. CONTRACTORls 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 orl the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTORls Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTORls 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 anyone change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the next 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. GC-37 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 thereofwill 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 sep- arately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, 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. GC-38 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 Project Manager within seven (7) calendar days of the occurrence first happening and.resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager 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. GC-39 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 13--W ARRANTY 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 GC-40 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. 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, 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 whetner fabricated, installed, or completed, or remove it from the site and replace it with non GC-4l I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, all 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. One Year Correction Period: 13.12. If, after approval offinal 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, also 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 PROFESSIONALs, 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 panics 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 and 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 GC-42 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 PROFESSIONALs, architects, attorneys and other PROFESSIONALs, all court costs 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 PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-43 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 best of PROFESSIONAL's knowledge, information and belief, the quality' of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9. 10. and to any other qualifications stated in the recommendatiofr"'-: 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 CONTRAC- TOR'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 set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. GC-45 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 PROF- ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the GC-44 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 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 wilting 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 OWN ER 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 GC-46 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 o(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 will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and 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 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 deficiencies. GC-47 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as- built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14,12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 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 GC-48 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. CONTRACTOR1s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR1s 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. GC-49 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 wilting 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, GC-50 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Wark 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 paragrapn 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 GC-51 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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 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 ofterminating 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 days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until 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 Times 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 GC-52 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 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. GC-53 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 ARTICLE 17-MISCELLANEODS 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 oftime 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 pro- visions 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 offive (5) years from the date offmal 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 GC-54 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 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.CJ.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: Take immediate steps to eliminate or IDllliIDlze the discharge of untreated wastewater. GC-55 I I I I I I I I I I I I I I I I I I I Revision Date August, 2001 Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. r 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, 2822 Central Avenue, Augusta, GA 30909. 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. GC-56 I I I I I I I I I I I I I I I I I I I SECTION SC-Ol. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-lO. SC-ll. SC-12. SC-13. SC-14. SC-15. SC-16. SC-17. SC-18. SC-19. SC-20. SC-21. SC-22. SC-23. SECTION SC-O INDEX TO SUPPLEMENTARY CONDITIONS Scope of the Work List of Drawings Bonds Contractor's Liability Insurance Protection of the Environment Temporary Toilets Plans and Specifications Furnished Record Drawings Shop Drawings Existing Structures Salvage Material Referenced Specifications Construction Order and Schedule Consulting Engineers Inspection and Testing of Work Georgia Prompt Pay Act City Acceptance Disputes Specified Materials Interest Not Earned on Retainage Basis of Payment Compliance with Laws, Codes, Regulations, Etc. Equivalent Materials SC-O-l I I I I I I I I I I I I I I I I I I I 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 each contract. The construction and installation of the cw.orine booster station, appurtenances and site improvements at the Morgan Road ground storage tank site. -02. LIST OF DRAWINGS: The following drawings, prepared by Cranston, Robertson & Whitehurst, P.C. comprise the plans for the project. SHEET NO. 1. 2. 3. 4. 5. TITLE DATE ORIGINAL REVISED 11/05/04 11/05/04 11/05/04 11/05/04 11/05/04 6. 7. 8. Cover Sheet Detailed Estimate Site Plan Sodium Hypochlorite System Floor Plan Sodium HypocW.orite System Process and Instrumentation Diagram Building Plan and Elevations Building Sections and Details Miscellaneous Details 11/05/04 11/05/04 11/05/04 -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 General Aggregate Products Personal & Adv Injury Fire Damage Automobile Liability (any auto) Combined Single Limit $1,000,000 $2,000,000 $2,000,000 $1,000,000 $500,000 $1,000,000 SC-l I I I I I I I I I I I I I I I I I I I Excess Liability (any auto) Each Occurrence Workers Compensation Employer Liability $5,000,000 Statutory Limits $1,000,000 -05. 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, mush show approval of either EP A or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -06. 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. -07. 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. -08. 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. -09. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details, control logic diagrams 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. SC-2 I I I I I I I I I I I I I I I I I I I Five copies of such shop drawings. shall be submitted to the Engineer before ordering any equipment or materials. 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 (10) days of the receipt by the Engineer thereof. -10. 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 Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. -11. 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. -12. 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. -13. 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 bar chart showing the Contractor's order of construction. -14. 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, Cranston, Robertson & Whitehurst, P. C. are authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by SC-3 I I I I I I I I I I I I I I I I I I I the Director. Nevertheless the Director of Utilities! remains the final authority hereunder and is the "Engineer" as used, throughout the Contract Documents. The Program Manager for the' project is CH2M Hill, 360 Bay Street, Suite 100, Augusta, Georgia 30901. The Program Manager's representative on the site will serve as the Resident Project Representative (RPR) for the proj ect. 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 or materials incorporated into the construction work. -15. INSPECTION AND TESTING OF WORK The Owner shall provide sufficient competent engmeenng 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 SC-4 I I I I I I I I I I I I I I I I I I I removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that 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. -16. 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. -17. 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. -18. 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, SC-5 I I I I I I I I I I I I I I I I I I I specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. -19. 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. -20. 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. -21. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and paragraphs 11.91, 11.92 and 11.93 of the General Conditions, payment for all items of construction will be made at the total of the actual number of units installed at the unit prices stated in the Bid Schedule to the Proposal. Partial payments will be made based on the actual number of units of work completed during the month and in-place at the unit prices stated in the Bid Schedule. -22. 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: SC-6 I I I I I I I I I I I I I I I I I I I 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. 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 Safetv & 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. -23. EOUIV ALENT 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-7 I I I I I I I I I I I I I I I I I I I SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS SECTION TITLE NO. OF PAGES TS-l Clearing and Grubbing 1 TS-2 Grading 4 TS-3 Excavation and Backfilling 4 TS-4 Water Distribution System 12 TS-5 Erosion Control Measures 2 TS-6 Grassing (Bermuda) 2 TS-7 On-Site Sodium Hypochlorite Generation System 16 TS-8 Pre-Assembled Precast Concrete Storage Building 5 TS-9 Electrical 3 TS-I0 Concrete Construction 2 TS-l1 Graded Aggregate Base Course 1 TS-12 Bituminous Paving 3 TS-13 Measurement and Payment 2 I I I I I I I I I I I I I I I I I I I SECTION TS-l CLEARING AND GRUBBING -01. SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, posts, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface and occurring within the construction limits or rights-of-way of any excavation, borrow area, or embankment. -02. CONSTRUCTION METHODS: 1. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation, as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface. Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the whole of the tree or to main branches, and the cuts thus made shall be painted with an approved tree wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected by barriers or by such other means as the circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. 2. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth of not less than 18 inches below any sub grade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material ,and compacted to make the surface conform to the surrounding ground surface. -03. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him, provided such disposal is otherwise in accordance with these specifications. All incombustible matter removed shall be hauled away and deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. Burning shall be done at such time and such manner as to prevent fire from spreading and to prevent any damage to adjacent cover and shall further be subject to all requirements of Local, State and Federal Governments pertaining to the burning. No burning will be allowed on the site unless all fires are kept under constant attendance by persons having equipment necessary to prevent the spreading of fire. Such equipment shall include, at the minimum, a bulldozer or front end loader, and an approved pump and hose connected to an acceptable source of water. Disposal by burning shall be kept under constant attendance until all fires have burned out or have been extinguished. TS-1-1 I I I I I I I I I I I I I I I I I I I SECTION TS-2 GRADING -01. SCOPE: This section covers grading for the roadways, parking areas, drives and/or walks, including all excavations, formation of embankments, preparation of sub grade for pavements and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation, trenching, and backfilling for utility lines is specified under the section entitled "Excavating and Backfilling. " -02. CONSERVATION OF TOPSOIL: Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoils and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles convenient to areas that are to receive application of topsoil later, or at locations indicated. Topsoil shall be stripped to a depth on to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials. -03. EXCAVATION: The term "excavation" used hereinafter is defined as "unclassified excavation." Excavation of every description regardless of material' encountered within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits of the work. When directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to passes PT, OR" CR, l\1H, OL, CL, or ML as described under the Unified Soil Classification System.!lUnsuitable and surplus excavation material not required for fill shall be disposed of in designated waste or spoil areas. During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage at all times. Material required for fills in excess of that produced by excavation within the grading limits shall be excavated from the borrow areas indicated or from other approved areas selected by the Contractor, as specified herein. -04. SELECTION OF BORROW MATERIAL: 1. GENERAL: Borrow material shall be selected to meet the requirements and conditions of the particular fill for which it is to be used. The material shall consist of sandy soils or sand- clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Any necessary clearing, grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and shall be performed by the Contractor at no additional cost to the Owner. Unless specifically provided, no borrow shall be obtained within the limits of the project site without written approval, 2. BORROW AREA(S): Borrow material shall be furnished by the Contractor from private sources selected by the Contractor and shall consist of a suitable material of the type mentioned above. The Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the expenses of developing the sources, including rights-of-way for hauling. TS-2-1 I I I I I I I I I I I I I I I I I I I -05. EXCAVATION OF DITCHES AND GUTTERS: Ditches and gutters shall be cut accurately to the cross-sections and grades indicated by the drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches and gutters shall be cut one foot below finish grade. Care shall be taken not to over-excavate ditches and gutters below the grades indicated. Any excessive ditch and gutter excavation due to removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble to form an adequate gutter paving, as directed. The Contractor shall maintain all ditches and gutters excavated under this specification free from detrimental, quantities of leaves, sticks, and other debris until final acceptance of the work. Suitable earth material excavated from ditches and channel changes shall be placed in embankments. Excavated material shall not be deposited within a distance from the edge of any excavation ofless than 1112 times the depth of the excavation. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch pavement shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under the section entitled "Grassing (Bermuda)." The Contractor shall be responsible for maintaining these newly constructed ditches and take immediate action subj ect to approval to keep erosion of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required maintenance. -06. PROTECTION OF EXISTING SERVICE LINES AND UTILITIES STRUCTURES: Existing utility lines that are shown on the drawings or the location of which are made known to the Contractor prior to excavation that are to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired by the Contractor at his expense. In the event that the Contractor damages any existing utility lines that are not shown, or the locations of which are not known to the Contractor, report thereof shall be made immediately to the Engineer. If determined that repairs are to be made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled Changes. -07. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly in such manner as to prevent wedging action or eccentric loading upon or against the structures. Slopes bounding or within areas to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and in formation of the embankments, equipment that will overload the structure in passing over and compacting these fills shall not be used. Backfill for storm drains and sub drains, including the bedding, shall conform to the additional requirements as specified. -08. PREPARATION OF GROUND SURFACE FOR FILL: All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter, rubbish and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or under the fill area. Sloped ground surfaces steeper than 1 vertical to 4 horizontal on which fill is to be place shall be plowed, stepped or benched, or broken up as directed, in such manner that the fill material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or dried as may be required to obtain the compaction specified. TS-2-2 I I I I I I I I I I I I I I I I I I I -09. FILL: Fills and embankments shall be constructed at the locations and to lines and grades indicated. The completed fill shall correspond to the shape of the typical section indicated or shall meet the requirements of the particular case. Suitable material removed from the excavation shall be used in forming the fill., Fill material shall be reasonably free from roots, other organic material and trash, and from stones have maximum dimension greater than 6 inches. No frozen material will be permitted in the fill. Stones having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed in successive horizontal layers of 8 inches to 12 inches in loose depth for the full width of the cross section and shall be compacted as required. -10. COMPACTION: 1. OVERALL OR OVERLOT AREAS: Each layer of the fill or embankment, except in areas indicated as not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-tired roller, three steel wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types of soil encountered to at least 95 percent of maximum Standard Proctor density at optimum moisture content. .2. FIELD CONTROL: In all fill areas field density tests will be performed in sufficient number (minimum of one test on each alternate lift or as recommended by the Engineer) to insure that the specified density is being obtained. These tests will be made at the expense of the Contractor and will be in accordance with ASTM D-698. -11. FINISHED EXCAVATION. FILLS. AND EMBANKMENTS: All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either bladegrader or scraper operations, supplemented with hand raking and finishing, except as otherwise specified. The finished surface shall be not more than 0.10 foot above or below the established grade or approved cross section. Ditches and gutters shall be finished so as to permit adequate drainage. The surface of areas to be grassed shall be finished to smoothness suitable for the application of grassing materials. The surface of embankments or excavated areas for road construction or other areas to be paved on which a base course or pavement is to be placed shall not vary more than 0.05 foot from the established grade and approved cross section. In areas where the bulking of soil as a result of grassing operations 'will tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.1 foot below grade.prior to grassing. -12. DISPOSAL OF WASTE MATERIAL: All vegetation, roots, brush, sod, broken pavements, curbs and gutter, rubbish, and other unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer. The material shall be dumped, spread, and leveled to drain. Surplus excavation shall be hauled to, compacted in accordance with overall and overlot areas, and sloped to drain in the disposal area where directed. The unsuitable material shall be leveled to drain and firmed under the normal operation of spreading and hauling equipment. Any trees, stumps, brush, down timber, etc. in the area to be used for disposal shall be cleared by cutting (to within six (6) inches of the ground) and shall be disposed of by burning, removal from the property or a combination of both. Clearing and disposal of trees, stumps, etc. shall comply with the applicable portions of the clearing and grubbing specifications. TS-2-3 I I I I I I I I I I I I I I I I I I I -13. PLACEMENT OF TOPSOIL: Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract, excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be uniformly placed on these areas to a compacted depth of not less than three (3) inches or more than four (4) inches. The material shall be free from clods of soil, matted mots, mots grater than lf2 inch in diameter, and any other objectionable material which might hinder subsequent grassing and mowing operations. The material shall be placed, leveled, and lightly compacted with at least one pass of a cultipacker or light pneumatic-tired mller, to required cmss sections, but shall be left one- tenth (0.10) of a foot below the finished earth grade. -14. PROTECTION: Newly graded areas shall be pmtected from traffic and from emsion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to the required elevations and slopes, at no additional expense to the Owner. TS-2-4 I I I I I I I I I I I I I I I I I I I Revision Date April, 2001 SECTION TS-3 EXCA VA TION AND BACKFILLING -01. SCOPE: This section covers all excavation, trenching and backfillingfor pipe lines, complete. -02. EXISTING IMPROVEMENTS: The Contractor shall maintain in operating condition and protect from damage all existingimprovementsincludingutilities,roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or sub surface improvements damaged during the course of the work. Where and ifshown on the plans, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such information prior to proceeding with the work. He shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings andif necessary to provide temporary walkways and bridges for crossing of the open trench as directed. Work shall not commence within Augusta right-of-way until a Right-of-Way Encroachment Permit is obtained from the Public Works Department. EXCAVATION: -03. All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the drawings or as specified herein. Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. Excavation methods shall generally meet or exceed Occupational Safety and Health Adminis:ration (OSHA) construction industry standards. All excavated materials not required for fill orbackfill shall be removed and wasted as directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 12 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except forportions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be madein accordance with the recommendations of the j oint manufacturers for the particularjointused. Excavation for structures and other accessories shall be sufficient to leave atleast 12 inches in the TS-3-1 I I I I I I I I I I I I I I I I I I I Revision Date April, 2001 clear between their outer surfaces and the embankmentor timberwhich maybe used to hold the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimumoverdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilledwith loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation shall proceed in a conventionalmannerwith satisfactory effort made to remove hard materials before the Engineer makes a determination of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can andwill show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilledto trenchbottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess excavation below thelevels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete, as directed. A. Grading and Stacking: All grading in the vicinity of trench excavation shall be controlled to prevent surface ground water from flowinginto the trenches. Anywater accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half times the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. B. Shoring and Sheeting: All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the publicshallbe performed. The failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than 1 foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. C. Water Removal: Where water is encountered, it shall be prevented from accumulatingin excavated areas by pumping, well-pointingand pumping, or by other TS-3-2 I I I I I I I I I I I I I I I I I I I Revision Date April, 2001 means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will not cause injury to public or private property, or the work completed or in progress. All efforts to prevent sedimentation shall be made. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. D. Blasting: Explosives are to used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that mayoccur during the use of explosives. No blast shall be set offwithin 50 feet of pipe already laid in the trench. E. Tree Protection: Care shall be exercised to protect the roots of trees to be left standing. Within the branch spread of the tree, trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. -04. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer. The trenches shall be carefully backfilledwith the excavated materials approved for backfillingconsisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materialshaving any dimensiongreater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionallyhigh void content. Backfilling within Augusta right-of-way shall conform to Georgia Department of Transportation and City of Augusta specifications. For backfillup to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 8 inches in depth. Each layer shall be moistened and carefully and uniformly tamped withmechanicaltampers or other suitabletools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. TS-3-3 I I I I I I I I I I I I I I I I I I I Revision Date April, 2001 The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers and eachlayermoistenedand compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subj ect to traffic, the b ackfill shall be placed in 8 inch layers and each layer moistened and compacted to density at least equal to that of the surrounding earth so that traffic can be resumed immediately after backfillingis completed. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilledand compacted with the surface restored to the required grade compaction. Along all portions ofthe trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. Sheeting not specifiedto be 1 eft in place shallbe removed as the backfillingprogresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the Engineer, damage is liableto result from withdrawing sheeting, the sh eeting will be ordered to be left in place. -05. PAVEMENTREMOVALANDREPLACEMEN~ Where necessary existing pavements shall be removed and replaced, the applicable specificationsofthe Georgia DepartmentofTransportation or local authority shall govern this'work. Joints shall be sawed, unless joints equally uniform in the opinion of the Engineer result frornother means. Refer to Augusta-Richmond County Right-of-Way Encroachment Guidelines for pavement removal and replacement. TS-3-4 I I I I I I I I I I I I I I I I I I I SECTION TS-4 WATER DISTRIBUTION SYSTEM -01. STANDARDS FOR WATER MAINS: A. CONTRACTOR RESPONSIBILITIES: 1. The Contractor is responsiblefor verifyingthe exact location, size and material of any existing water facility proposed for connection or use by the proj ect. 2. All work that occurs in the public right-of-way shall comply with the Augusta-Richmond County Planning Commission "Development Documents" (latest version) and Public Works Department's Right-of- Way EncroachmentGuidelines(latestversion). Any field changes that occur in the public right-of-way and are not specifically related to water or sewer items shall be coordinated with the Public Works Department. B. COVER: 1. Standard depth of cover is 4 feet below existing and proposed road surface (and areas designed for normal traffic loading) unless otherwise approved by the Augusta Utilities Department. 2. Minimumcover to finished grade over water mains shall be 36 inches. Minimum cover under ditch bottoms shall be 24 inches. These must be approved by the Augusta Utilities Department on a case-by-case basis. C. HORIZONTAL SEPARATION 1. Ten (10) feet to any existing or proposed sanitary sewer/force main, storm sewer or sewer manhole (less than 10 feet requires pipe material to be Ductile Iron Pipe (DIP) for both Water Main and Sewer/Force Main). 2. Fifteen (15) feet to buildings, top of bank of lakes/streams/creeks, other structures (10 feet absolute minimum- only when unavoidable, . and pipe material is required to be DIP). 3. Ten (10) feet minimum separation to gas mains. 4. Ten (10) feet minimum to underground electric cable. TS-4-1 I I I I I I I I I I I I I I I I I I I 5. Current Georgia EPD separation requirements. 6. All separation distances above are edge to edge. D. VERTICAL SEPARATION: 1. Water main shall cross over other pi pes. 2. Eighteen (18) inch minimum separation (edge to edge) between all pipes and cables shall be maintained (6 inch absolute minimum separation with DIP) when conforming to Georgia EPD separation requirements. 3. When water mains cross under sewers, additional measures shall be taken. At least 18 inches of separation between the bottom of the sewer and the top of the water main shall be provided. Adequate structural support for the sewer to prevent deflection or settling on the water main. The joint of water pipe shall be centered at the crossing. Encasement of the water pipe in concrete shall also be considered. E. WATER MAIN MATERIAL: Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (pVC), or galvanized pipe as outlined below. Any pipe, solder and flux used during installation of the water lines and services must be "lead-free" with not more than 8% lead in pipe and fittings, and not more than 0.2% lead in solders and flux. DIP shall be centrifugally cast and shall conform to AWWA CI50/ANSI A21.50 (latest version) for design and AWWA CI51/ANSI A21.51 (latest version) for manufacture. PVC pipe 6 inch to 12 inch diameter shall conform to AWWA C900 (latest version). PVC pipe 14 inch to 36 inch diameter shall conform to AWWA C905 (latest version). For water mains 6" through 16", DIP Pressure Class350 shall be allowed. Forwater mains 18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date), Class 200, SDR-14 with cast iron equivalent O.D.s, gasket bell end with elastomeric gaskets shall be allowed for water mains 6" through 10" (solvent weld joints are not permitted). Galvanized pipe shall be seamless, American made, Schedule 80 and shall conform with the ASTM Specifications. Flanged DIP shall have threaded ductile iron flanges and shall conform to the requirements of A WW A C115 (latest version). All flanges shall be Ductile Iron Class 150, ANSIB 16.5 (latest version). Flanges shall be flat faced and all joints shall use 1/8 inch black neoprene full-faced gaskets. Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in accordance with A WW A C 1 04/ ANSI A21. 4 (latest version). DIP shall have 1/16" cement mortar liningwithrubber gasket push-onjointsor mechanical TS-4-2 I I I I I I I I I I I I I I I I I I I joints. Mechanical j oint glands shall be ductile iron. Tee bolts and nuts shall be Cor- Ten steel. Rubber gasket j oints shall conform to AWWA Cll1/ANSI A21.11 (latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installingthe pipe. The lubricant shall be approved by NSF for use with potable water m81ns. Pipe dassesdesignated previously in this standard are minimumallowed. Actual pipe class shall be determined based upon the installationand the use intended. Pipe shall be appropriately labeled on the drawings. All PVC pipe for potable water service shall bearthe approved stamp of the National Sanitation Foundation. Copper wire (12 gauge, bare single strand) shall be attached along the top of all buried PVC water lines, wrapped around service corporations and stubbed up into all valves boxesfor locating purposes. 1. DIP shall be required in the following circumstances: a. Within 10 feet of sanitary and storm pipes. b. Within 15 feet of structures (nearside of concrete footing), or top of bank oflakes/streams/creeks. c. Crossings over or under sewers, gas and storm pipes with less than 18 inches separation, withnojointallowedwithin 10 feet of crossing. d. Beneath all paved areas, excluding driveways or sidewalks. e. Within project boundaries of sub divisions with private roads where the Utilities Department will take over the line for operations and maintenance. f. Along all state right-of-ways. 2. The UtilitiesDirector may mandate DIP in any instances of off-site or on-site construction where future abuse to the line is possible due to location or circumstances. 3. Restrained Joints shall be DIP as follows: a. For 12-inch and Smaller- Restrained joint shallbe U.S. Pipe Field Lok, AmericanDuctile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product. b. For 14-inch Diameter and Larger - Restrained joint shall be U.S. Pipe TRFlex, American Ductile Iron PipeLok-Ring, or equivalent product. TS-4-3 I I I I I I I I I I I I I I I I I I I c. If inserting in older cast iron pipe, the restrained j oint shall be as approved by the Augusta Utilities Department. Retainer Glands/Mega-Lug shall not be considered a fitting. The restraint method shall be suitable for the pipe size thickness and test pressure as required for the specified design case. All pipe installed under ground should be retrained joint. d. Mains may be tapped as long as the tapping lineis smallerthan the tapped line unless otherwise approved by the Augusta Utilities Department. See Section G for service tap requirements. Equal size line connections approved by the Augusta Utilities Department shall require that a tee be cut into the main where possible. Tees are also required at locations dictated by the Utilities Director. Tapped connecti ons in pipe and fittings shall b e made in such a manner as to provide a watertight j oint and adequate strength against pull-out. Tapping Sleeves and Valve shall be ductile iron, mechanical joint. Tapping sleeves and valves are required for all taps 4 inches and greater. Taps less than 4 inches shall be provided with a service saddle meeting the requirements of Section G. Valves shall be provided on all taps. Tapping sleeves shall be a minimum of 6 feet from pipe joints. e. Schedule 40 PVC shall only be used as sleeves for the installation of service line tubing under all pavement areas. Use in the water distribution system or other areas are not acceptable. f. Unspecified transitions from DIP to PVC are not allowed. Material for transition shall be indicated and specified and must be approved by the Augusta Utilities Department. g. All construction material shallbe first quality, not previously used. Repair clamps are not acceptable. Damaged or faulty pipe and materials must be properly replaced. All gaskets shall be new. When connecting to existing valveSJr fittings, gaskets shall be replaced, not reused. h. The Contractor shall provide a complete set of shop drawings, which shall indicate the Augusta Utilities Department's specific material requirements. In general, material requirements will be guided by the latest versions of the specifications of A WW A, ANSI, ASTM, and NSF. TS-4-4 I I I I I I I I I' I I I I I I I I I I F. VALVES, FITTINGS AND APPURTENANCES Gate valves, 4 inches to 12 inches, shall be the resilient seat type conforming to A WW A C509 (latest version). Valves larger than 12 inches shall be gear operated butterfly valves, conforming to A WW A C504 (latest version). Wafer valves shall not be accepted. Valves shall OPEN LEFT if installedsouth of Gordon Highway (SR 10), or OPEN RIGHT if installed north of Gordon Highway. Valves shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet. Valve boxes shall be M&H E-2702, Mueller HI0364 or approved equal. Each valve box shall be slip-type to adjust for a minimum cover of36" bury. The flanged base of the valve box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be required for additional depth over valves. Extensions shall be M&H E-3120 or Mueller H-I0375. Covers shall have "WATER" cast on top. All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint systems as outlined in Paragraph 0 1.E.3, or by useof a concrete thrust block in those instances that warrant such an installation. Thrust blocks shall be poured-in-place concrete having a minimum compressive strength of 3,000 psi after 28 days of cure time. All materials, fittings and appurtenances intended for use inpressure pipe systems shall be designed and constructed for a minimumworking pressure of 150 psi unless the specific application dictates a higher working pressure requirement. Standard pressure pipe fittings of size four (4) inch ill and larger shall be ductile iron conforming to AWWA C153 (latest version), with mechanical joints unless flanged or restrained joints are required. Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with AWWA CI04 (latest version). Mechanical joint fittings, 24 inches and smaller shall be rated for 350 psi working pressure. Flanged joint fittings 24 inches and smaller shall be rated for 250 psi working pressure. All fittings 30 inches and larger shall be rated for 250 psi working pressure. For sizes less than four (4) inch ill, fittings shall be suitable to the pipe material and application. Glands for mechanical joint fittings shall be ductile iron, and tee bolts and nuts shall be Cor-Ten steel. Only bolt systems furnished by the manufacturer for mechanicalj oints are acceptable; nuts and bolts shall be new, not reused. Pipe gaskets shall be new as supplied by the pipe manufacturer. All flanges shall beductileiron Class 150, ANSI B16.5. All flanges shall be flat faced. Full face, 1/8 inch black neoprene gaskets shall be used on all flanged joints. All joints shall conform to AWWA C111 (latest version). Bolts, nuts and washers for flanges shall be hot dip galvanized, except T -bolts shall be Cor-Ten steel. TS-4-5 I I I I I I I I I I I I I I I I I I I List of Specifications ANSI!AWW A C151/A21.5l-96 4-FEB-1996 or latest version American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water ANSI!AWWA C150/A21.50-96 1996 or latest version American National Standard for Thickness Design of Ductile-Iron Pipe ANSI! A WW A C 115/ A21.15-94 1994 or latest version American National Standard for Flanged Ductile-Iron Pipe With Threaded Flanges ANSI! A WW A C 111/ A21.1l-95 1995 or latest version American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ANSI!AWWA C153-98 1998 orlatestversion American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 in. through 48 in. (75 mm through 1200 mm), for Water and Other Liquids ANSI!AWWA CI04/A21.4-95 1995 orlatestversion American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water G. WATER SERVICE LINES AND TAPS Tapping sleeves and tapping crosses shall be of a heavy body ductile iron, mechanical j oint suitable for a working pressure of 150 psi for sleeves and crosses larger than l4-inch (200 psi for sleeves and crosses equal to or less than 14-inch), as approved by the Augusta Utilities Department. No direct service taps shall be allowed. All service line taps shall be supplied with corporation stops. Service line tubing shall be rolled of soft continuous and seamless copper Type K conforming to A WW A C800 and ASTM B-88 (latest version). Corporation Stops and Main Connectors: %" FB600 - 3 Ford or Equal I" FB600 - 4 Ford or Equal Taper Thread Inlet by Flare Copper Outlet Eighth Bends: %" LA02 - 33 Flare 1/8 Bend %" LA04 - 33 Compression 1/8 Bend TS-4-6 I I I I I I I I I I I I I I I I I I I I" LA02 - 44 Flare 1/8 Bend 1" LA04 - 44 Compression 1/8 Bend Minimum size for residential use shalhe one (1) inch. The service line shall be laid in a straight line and be of a continuous piece of pipe from corporation to curb cock. The curb cock shalLbe located 6 inches behind and 8 inches below the top of new curb or edge of asphalt. Where service connects to DIP or any pressure-rated pipe, service saddles must be used. Brass double strap tapping saddles shall be used. U-bolt type straps are not acceptable. All water service taps on the main shall be spaced at a minimum distance of 18 inches apart and a minimumof 18 inches from a bell or fitting. If two or more taps are required at a minimumspacing, they shall be offset 450 alternatively. Services greater than one (1) inch shall be seamless galvanized. 2" services shall have two 2" 90-degree galvanized elbows per Augusta Utilities' 2 Inch Water Service detail. Services shall not exceed over 100 feet from the main to the meter. Where possible, meter shall be placed in unpaved area as close to the water main as possible. -02. CONSTRUCTION: A. WATER DISTRIBUTION SYSTEM INSTALLATION: Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a water line. Construction of water infrastructure will be authorized by the Utilities Department upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours prior to starting construction (706-772-5503). Where water lines will encroach publicright-of-way, a Right-of- W ay Encroachment Permit approved by the Public Works Department is required prior to construction. A Right- of-Way Encroachment Permit application is available through the Public Works Department (706-821-1706). Installation of water mains and associated appurtenances shall be in accordance with current A WW A specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage. The interior of all pipe, fittings, valves, etc. shallbe kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Mechanical restraint systems shall be required at each fitting involving a change of direction and as specified in the approved plans. Concrete thrust blocks will be allowed in lieu of mechanical restraint systems. TS-4-7 I I I I I I I I I I I I I I I I I I I Backfill shall be free of boulders and debris, and shall cornform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as designed. Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. All valves shall be placed according to plans. Valve stems shall be installed plumb. Valve stem extensions are required as described in Section F. Air reliefvalves shall be installed at all high points in the water main where air can collect, as shown on the plans or as directed by Augusta Utilities. List of Specifications: ANSI! A WW A C600-93 1993 or latest version Installation of Ductile-Iron Water Mains and Their Appurtenances ANSI!AWWA C605-94 30-JAN-1994 or latest version Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water ANSI!AWWA C512-92 1992 or latest version Air Release, AirN acuum and Combination Air Valves for Water Works Servi ce 1. Handling and Storing of Materials: Unload pipe so as to avoid deformation or other injury thereto. Place no pipe within pipe of a larger size. Store pipe and fittings on sills above storm drainage level and deliver for laying after the trench is excavated. Valves shall be drained and so stored as to protect them from freezing. 2. Pipe Laying(General): The interior of the pipe shall be clean and j oint surfaces wiped clean and dry when the pipe is lowered into trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet,or as shown on the drawings. Give all pipes a uniform bearing on the trench bottom. Allow no trench water or dirt to enter the pipe after laying. Insert a watertight plug in the open end of the pipingwhen pipe laying is not in progress. 3. Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction blocking as shown on the drawings. Reaction blocking shall be made to bear directly against the undisturbed trench wall. Where trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately anchor the piping as shown on the TS-4-8 I. I I I I I I I I I I I I I I I I I I drawings. All the rods and clamps shall be given a bituminous protective coating. 4. Connection to Existing System: All connections to existing mains shall be made under the direct supervision of the Augusta Utilities Department's Inspector. Valves on existing mains shall be operated by or under direct supervision of Augusta Utilities Department personnel. Tapping sleeves and valves shall be pressure tested prior to tapping. If service to existing customers must be cut off, the Augusta Utilities Department shall be notified at least three(3) days in advance to make necessary notifications. The Contractor shall disinfect and secure appropriate Utilities Department clearancesand samples for any service interruptions which occur as a result of a Contract request for shut down or error. The clearances shall be obtained within 72 hours of reactivation. If cut-off of service is required, the Contractor shall be ready to proceed with as much material pre-assembled as possible at the site to minimizethe length of servi ce interruption. Augusta Utilities reserves the right to postpone service cut-off if, in the opinion of the Utilities Director, the Contractor is not ready to proceed on schedule. No customer should be without water for more than four (4) hours. The Owner/Developer shall arrange for temporary services to Customer if water will be shut off for more than four hours. Local chlorination will be required for all pipe and fittings used to complete connections with the potable water sy stem. Tapping sleeves and valves shall be chlorinated in accordance with A WW A requirements. All wet taps shall be witnessed by the Augusta Utilities Department's Inspector. B. CLEANING AND FLUSHING: Upon completion of installation, the mains shall be flushed and the water disposed of without creating a nuisance. Flushing must achieve a minimum water velocity of 2.5 fps in all portions of the pipe. The duration of the flushingwill be determined by the Augusta Utilities Department' s Inspector. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficientwater availablefor proper flushing, the Contractor shall clean the lines by pigging. No flushing or cleaning shall take place without an Augusta Utilities representative present. The existing mains that the new mains are connected to may be required to be flushed under the direction of the Augusta Utilities Department when service is restored. TS-4-9 I I I I I I I I I I I I I I I I I I I C. TESTING AND DISINFECTION: Pressure and Leakage Testing: Before any work will be accepted for payment, the Contractor will fill the piping with water, open outlet as necessary for expellingthe entrapped air. No fire hydrant shall be opened full force during charging operations. Thereafter, furnish the necessary equipment and test the piping under the supervision of the Engineer for a period of at least 4 hours at not less than 1.25 times the design pressure in pounds per square inch, based upon the highest elevation of the section under test. Pressuretestingshallbeinaccordancewith the latest A WW A Standard C600, Section 4.1. at 1. 5 times the working pre.ssure at the point of testing. Inspect all joints, and remedy to the satisfaction of the Engineer any defects discovered. Continue the test until all visible leaks have been eliminated from the part of the system under test, and the pressure remains constant with a maximum pressure drop of 5 psi for the duration of the test. All water mains shall be leak tested. The Contractor shall provide all equipment, materials and labor necessary for pressure and leak testing. This test must be observed by an Augusta Utilities Department representative and the design engineer. A pumping pressure of 200 psi must be supplied at the expense of the Contractor. The main tested shall either be isolated from active potable lines or protected from leakage by a double valve arrangement. All water used for pressure testing must be potable water with an adequate chlorine residual. Water lines shall be tested by valve sections. Maximum allowable leakage shall be as determined in accordance with current A WW A specifications. The standard duration. of test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria. The pressure and leakage test shall be done concurrently. Augusta Utilities shall be notified at least 24 hours in advance to schedule bacteriological testing of water mains. The Contractor shall replace or adjust components of the pipeline which fail the test. Clearance is required from the Utilities Department before the Augusta Utilities Department will allow the main to be put into service. Immediately following the pressure test, and before any work will be accepted for payment, the Contractor shall perform a leakage test. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof necessary to maintain the specified leakage test filled with water to within 5 psi of the test pressure. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L snIP 133200 TS-4-l0 I I I I I I I I I I I I I I I I I I I L = Allowable leakage in gallons per hour. S = The length of pipe in the section tested. D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. The leakage test shall be conducted in accordance with A WW A Standard C- 600, Section 4.1 (latest version). All piping complete with fittings and appurtenances shall be sterilized as specified in the applicable sections of A WW A Specification C651 (latest version) "Disinfecting Water Mains." Piping and appurtenances shall be thoroughly flushed then chlorinated with not less than fifty parts per million (50 ppm). Calcium hypochlorite can be used. Water from the existing distribution system or other source of supply should be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The solution should be retained in the pipeline for not less than 24 hours and a chlorine residual of 10 ppm should be available at this time. The system shall then be flushed with potable water and the sampling program started. Sampling taps and chlorinated water used for disinfection shall be flushed to a location that will not damage property, persons, etc., and shall be provided by the Contractor at the expense of the Contractor. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipelines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the health authorities shall be observed in executing this work. The disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with the latest editions of the A WW A Standard C651 and the EPD's Minimum Standards for Public Water Systems. Two or more successive sets of samples, taken at 24 hour intervals and tested by a State approved private lab, shall indicate bacteriologically satisfactory water and the results submitted to the Augusta Utilities Department. D. WATER/SEWER SEPARATION: A 10 foot horizontal separation shall be maintained between water and sewer lines. Where the horizontal separation cannot be met or where water and sewer lines must cross, an 18 inch vertical separation, water over sewer must be maintained. Where the above conditions cannot be met, water and sewer lines shall be cast iron or ductile iron pipe with joints staggered such that maximum separation between joints exists. The water line shall be installed over the sewer line. E. AS-BUILT DRAWINGS: As the work progresses, record on one set of utility drawings all changes and deviations from the contract drawings in sizes, lines or grade. Record also the exact final location of water lines by offset distances to surface improvements TS-4-11 I I I I I I I I I I I I I I I I I I I such as edge of existing pavement or to property lines, etc. at a maximum interval of 200 feet. Make sufficient measurements to locate definitely all water lines etc., to permanent points. The drawings will show references to all valves, fittings, pipe brand changes, etc. Transfer accurately all such records in red pencil to white prints of the utility drawings and deliver them to the Engineer with montWy payment estimate. TS-4-l2 I I I I I I I I I I I I I I J I I I I SECTION TS-5 EROSION CONTROL MEASURES -01. GENERAL: This section covers erosion control measures required on the job as shown on the plans. These measures are minimum requirements and may be augmented by the Engineer if positive control is not established. -02. CONSTRUCTION SCHEDULE: The initial construction on the site is tentatively scheduled to begin on or about February, 2005. Final stabilization of the soils should be obtained by April, 2005. -03. EROSION AND SEDIMENT CONTROL PLAN: The following steps for reducing erosion and containing sediment are recommended for use during construction, and until the earth areas can be stabilized with vegetation. -04. -05. GENERAL PROCEDURES: 1. Earth areas which are not to be paved shall be grassed at the earliest possible time during the construction phase, so as to minimize exposure to rainfall and run-off. 2. Temporary berms, wherever possible, should be constructed at the end of each day of grading, in order to contain sediment and slow down erosion in the cut and fill areas, should rainfall occur during the night. Berms shall also be constructed, where needed, to prevent sediment from being transported onto areas outside the actual construction limits. 3. Silt and erosion barriers of the type which tend to filter suspended solids from the water flowing through them shall be employed to the extent necessary to contain most of the water -borne silt. Examples of this type ofbarrier include II silt" fence, windrows oflimbs and laps, and stone or rubble riprap. 4. Erosion due to wind is not likely to be of concern on this project, considering the types of soils expected and the strip-like geometry of construction areas. However, wherever possible, trees or groups of trees and bushes should be left standing to serve as windbreaks. 5. Sediment basins shall be constructed if shown on plans and removed when final stabilization is attained. ELEMENTS OF THE PLAN: The plans for the prevention of erosion and sedimentation for this site will be determined in the field. The elements of the plan are discussed as follows, and are listed in chronological order, as far as is practical. The construction activities should proceed in the order listed. 1. Remove all marketable timber from the rights-of-way, the utility easements, the designated fill areas, and other areas to be cleared. TS-5-l I I I I I I I I I r I I I I I I I I I 2. Begin clearing and grubbing operations in the vicinity of the hay dams shown on the drawings. Immediately after the area has been cleared for their placement, install dams and berms consisting of hay or straw bales or limbs and laps as directed, to be silt barriers as shown on the drawings. Care should. be taken not to clear and grub beyond the construction limit. 3. As grading operations commence, the topsoil shall be stripped and stockpiled in mounds surrounded by berms. As mentioned above, berms or windrows should be constructed each afternoon at approximately 100 foot intervals across the graded areas, except in the low-lying areas of the project. This action will tend to check erosion should rainfall be experienced during the night. 4. Construction on the sanitary and storm sewer lines should be commenced as soon as grading operations have been substantially completed. The disturbed strip along each line which is located outside of a street right-of-way should be grassed immediately upon the completion oftrench backfilling, as described below. 5. A graded depression around each catch basin on the site should be used to contain sediment during construction. A ring of hay or straw bales, or silt fencing, secured to the ground by mean of two No.3 reinforcement bars or other suitable anchoring method, should be installed around each catch basin site as soon as the drainage pipes have been laid. These should be spaced leaving a gap of approximately three inches between each bale where hay is used. 6. As soon as the graded areas which are not to be paved, to be built upon, or receive underground utilities have been brought to final grade, three or four inches of tops oil shall be spread over these areas. Grassing operations should be begun immediately, as described in the grassing specifications. Roadway shoulders and slopes should receive a similar treatment as soon as the installation of the utilities has ended. 7. All grassing will be performed in accordance with the section of the specifications entitled" Grassing (Bermuda)". Should seasonal limitations prevent the establishment of the permanent grass cover, the area to be grassed shall be covered with temporary grass cover; then the permanent grass will be established as soon as its growing season is reached. 8. The hay bale dams and silt fencing described above should not be removed until the surrounding pavement base material has been placed and is ready for priming. 9. All silt retention basis, traps, barriers, etc., should be inspected daily and cleaned at least weekly. 10. All work shall be in accordance with good grading practice and shall conform to accepted practices in Erosion Control. TS-5-2 I I I I I I I I I I I I I I I I I I I SECTION TS-6 GRASSING (BERMUDA) -01. SCOPE: This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of Bermuda grass on all areas of the site disturbed by construction operations. -02. SEED BED PREPARATION: Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage after establishment of the turf. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth of at least 6 inches by plowing, discing, harrowing, or other approved methods until the tillage is acceptable as suitable for seeding. During tillage operation, the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting, or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun. -03. FERTILIZATION: At least two soil samples per acre shall be taken by the Contractor and analyzed to determine the suitability ofthe particular soil for planting. Fertilization and lime application rates shall be set accordingly. The rates given in the following paragraphs shall be used for bidding purposes and differing quantities will become the basis for an equitable adjustment in the contract price. Fertilizer shall be distributed uniformly at a rate of 1500 pounds of commercial 6 .12.12 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately 3 inches by discing, harrowing, or other approved methods. The incorporation of fertilizer may be a part of the tillage operation specified above, or a part of the hydroseeding procedure as described below. Immediately following, or simultaneously with, the incorporation of fertilizer, lime shall be distributed at the rate of 3000 pounds per acre and shall be incorporated into the soil to a depth of at least three inches by discing, harrowing, or other acceptable methods. The incorporation oflime along with the fertilizer may forma part of the tillage operation specified above. Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be a com- mercial product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at a rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. TS-6-1 I I I I I I I I I I I I I I I I I ! I -04. SEEDING: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following methods: 1. Between the dates of April 1 and June 1, Hulled Common Bermuda seed shall be applied at a rate of 10 pounds of seed per acre. 2. Between the dates of October 1 and March 1, Unhulled Common Bermuda seed shall be applied at a rate of 10 pounds of seed per acre. 3. If seeding is undertaken between September 15 and Februaryl5, Unhulled Common Bermuda seed shall be applied at a rate of 1 0 pounds of seed per acre simultaneously with Rye seed at a rate of 28 pounds per acre. Seed may be applied by means of a Hydro-seeder or other means approved by the Engineer. -05. COMPACTION: Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The complete planted area shall be left with a firm, even surface, free from abrupt humps and hollows, and to the established grade. -06. MULCHING: All areas planted for temporary or permanent grass shall be uniformly mulched with hay or straw at the rate of 2 'h tons per acre, except where hydro seeding is employed using a cellulose mulch mixed with the seed and fertilizer. -07. ACCEPTANCE: Grassed areas will be accepted when a 95% cover by permanent grasses is obtained and weeds are not dominant. TS-6-2 I I I I I I I I I r I I I -01. A. SECTION TS-7 ON-SITE SODIDM HYPOCHLORITE GENERATION SYSTEM GENERAL: WORK INCLUDED 1. This Section covers the work necessary by the General Contractor and On-site Sodium Hypochlorite Generation System (OSHGS) Supplier to furnish, install, test and make ready for operation an On-site Sodium Hypochlorite Generation System. The Generation System includes, but is not limited to the Sodium Hypochlorite Generator Skid with integral water softeners, piping, valves, system control cabinet with PLC as well as ancillary equipment as specified herein, installation, related testing, start-up and training services. 2. The OSHGS Supplier shall furnish the following components of the Skid Mounted OSHGS Generation System at a minimum: a. Sodium Hypochlorite Generation cells b. 304 Stainless Steel Skid c. Interconnect piping, valves, solenoid control valves and accessories d. Control cabinet, PLC and associated equipment e. Water Softener f Salt/brine tank g. Sodium hypochlorite solution storage tank h. Feed pumps and motors 3. The General Contractor shall install the OSHGS, as specified in this specification and as shown on the drawings. The General Contractor shall be responsible for connecting all conduit, wire, pipe, etc. for the OSHGS supplied equipment to the equipment, including piping from the feed pumps to the injection points to provide a complete and fully operational OSHGS. 4. The OSHGS Supplier shall inspect the installation of the Generation System and the General Contractor correct systems errors if any. Following the correction of all errors, the OSHGS Supplier shall provide a Certification of Proper Installation for the Generation System. 5. The OSHGS Supplier shall submit Shop Drawings required for the fabrication, installation and control of the Generation System equipment. The Shop Drawings shall be submitted to the Owner for review and approval. 6. The OSHGS Supplier shall be responsible for programming the Generation System package control software. The OSHGS Supplier will supply an Allen Bradley MicroLogix 1500 for use in the OSHGS. The Supplier shall program the PLCs compatibility with the Owner's SCAD A control systems. The Engineer or Owner will TS-7-1 I I I I I I I I provide PLC programming protocol to the OSHGS Supplier, and criteria for the interconnection of the Generation System PLC with the SCADA system PLCs. 7. The OSHGS Supplier shall perform functional, performance and start-up testing of the Generation System. 8. The OSHGS Supplier shall submit an Operation and Maintenance Manual and Maintenance Summary Forms for the Generation System. The O&M Manual and Forms shall be reviewed by the General Contractor and issued to the Engineer for review and approval. 9. The OSHGS Supplier shall train Owner's personnel and provide detailed instructions in the operation of the Generation Equipment. B. GENERAL 1. All electrical, mechanical, metal, painting and instrumentation work included herein shall conform to the applicable Sections or Divisions of this project except as otherwise shown or specified. The OSHGS shall be shipped as one self contained unit with all factory piping and wiring complete to input and output, flanged, threaded, etc. connections located at easily accessible points on the skid. The standard for pipe and conduit for the skid interconnect is; schedule 40 PVC. 2. The Drawings show details ofthe components and their overall relationships. Not all items incidental to the OSHGS are shown or specified. It is the intent of these Contract Documents that the OSHGS Supplier is to provide a complete and workable system whether or not any specific component is shown or specified. 3. Power shall be provided by the General Contractor to the system control panels as shown on the OSHGS skid drawings. The General Contractor shall be responsible for providing all necessary conduit and wiring necessary for a complete electrical service to this location. All wiring shall comply with the National Electrical Code, 1996 edition. C. REFERENCES 1. The following references apply: a. American National Standards Institute (ANSI). b. American Society for Quality Control (ASQC). c. American Society of Mechanical Engineers (ASME). d. American Society for Testing Materials (ASTM). e. American Water Works Association (A WW A). f. The Chlorine Institute (CI). g. Confinement of Substances Hazardous to Health (COSHH). h. Institute of Electrical and Electronics Engineers (IEEE). 1. International Standards Organization (ISO). TS-7-2 I I I I I I I I I I J. National Electrical Code (NEC). k. National Electrical Manufacturers Association (NEMA). l. National Fire Code (NFC). m. National Institute of Occupational Safety & Health (NIOSH). n. Occupational Safety and Health Administration (OSHA). o. Standard Fire Code (SFC). p. Uniform Fire Code (UFC). q. Water Environment Federation (WEF). D. SYSTEM DESCRIPTION 1. Feed Points - Under normal operating conditions, site generated sodium hypocWorite solution (nominally 0.8 percent) will be injected into the process at locations shown on the drawings for disinfection. 2. Functional Requirements a. Instrumentation, controls, logic, programming, interlocks and valving shall be provided by the OSHGS Supplier as required for the system to operate as described below. b. General arrangement, piping sizes and accessories are shown on the Contract Drawings. 3. Generator Operation a. The generator shall automatically start and stop based on the high and low levels in the sodium hypochlorite solution day tank. b. The water softener resin shall automatically be regenerated with salt solution from the brine tank. c. The generator shall shut down and alarm for the following conditions: (1) Cell is not full (2) Hypochlorite temperature exceeds 1200F (490C) (3) Inlet flow falls below a preset value (4) Rectifier high voltage (5) Rectifier high temperature d. The following additional alarms shall be provided on the control panel: (1) Low-low level for Day Tank (2) High-high level for Day Tank (3) Alarms for Injection Pump #1 (4) Alarms for Inspection Pump #2 TS-7-3 I I I I I r I 4. Level Indicators for Day Tank a. The OSHGS Supplier shall provide internal ultrasonic level transmitters on each storage day tank for operation of the generation equipment and alarm initiation. Level controls for each tank shall be brought to the operator interface for selection of the active tank. b. The level transmitters shall provide 4-20 mA signals linearly proportional to monitor and send the following four (4) specific level conditions to the hypochlorite system panel and to the SCADA interface panel via the data highway: (1) One (1) high for generator shut-off (2) One (1) low for generator start (3) One (1) high-high for high level alarm (4) One (1) low-low for low level alarm E. SUBMITTALS 1. Shop Drawings - The OSHGS Supplier shall submit the following to the Owner, for approval by the Owner, six (6) sets of shop drawings for each generation system in accordance with the following: a. Manufacturer/Supplier's literature, illustrations, Specifications and bill of materials for each component of the system. Data shall include a complete description in sufficient detail to permit comparison with the technical Specifications. b. Dimensions (including anchor bolt layout), materials, SIze, weight and performance data. c. Drawings showing fabrication, assembly, installation and wiring diagram. Wiring diagrams shall consist of, at a minimum, of control schematics, including coordination with other electrical control devices operating in conjunction with the Sodium hypochlorite generator feed system. d. Motor Data: For each motor furnish a certified motor data sheet for the actual motor. e. Pump Data: For each pump furnish a performance certification indicating: head, capacity, efficiency and horsepower. f A list of all parameters, ratings or other characteristics where the proposed Sodium hypochlorite generator system deviates from the requirements set forth in these Specifications. g. Affidavits of compliance with referenced standards and codes. TS-7-4 I I I I I I r I ! h. Manufacturer/supplier's standards for Sodium hypochlorite generator system equipment. 1. Process flow diagrams. J. Control logic diagrams incorporating the Owner's SCADA System. k. Dimensioned inlet/outlet system connections. 1. The acceptable range of water pressure for proper system operation. If a pressure or flow regulator is required, it shall be provided. 2. Operation and Maintenallce Data - The OSHGS Supplier shall submit two (2) copies of preliminary Operation and Maintenance manuals and four (4) copies of the final manuals for each generation system as described below: a. Required Operation Data (1) Complete, detailed operating instructions for each piece of equipment. (2) Explanations for all safety considerations relating to operations. (3) Recommended spare parts lists b. Required Maintenance Data (1) Maintenance data shall include all information and instructions required by plant personnel to keep equipment properly cleaned, lubricated and adjusted so that it functions economically throughout its full design life. (2) Explanation with illustrations as necessary for each maintenance task. (3) Recommended schedule of maintenance tasks. (4) Lubrication charts and tables of alternate lubricants. (5) Troubleshooting instructions. (6) List of maintenance tools and equipment. (7) Name, address and phone number of manufacturer and manufacturer's local service representative. F. QUALITY ASSURANCE 1. OSHGS Supplier's Qualifications a. The OSHGS Supplier shall have experience in furnishing equipment of similar capacity and service capability to the equipment described herein. As part of their submittal package, the system manufacturer shall submit the following: (1) Evidence that equipment of similar capacity and service capability has been in successful operation in at least five (5) separate installations TS-7-5 I I I I I I I I I I I I I I , , I within Georgia. (2) Current NSF Standard 61 Certification for the system being offered. (3) Evidence of certification by the Environmental Technology Verification Drinking Water Treatment Systems program, conducted by the E.P.A & N.S.F to verify the performance claims of the system manufacturer. (4) The Sodium hypochlorite generation equipment shall be pre- assembled and tested to assure compliance with pressure and operational requirements. G. DELIVERY, STORAGE AND HANDLING 1. The General Contractor shall be responsible for the delivery, storage and handling of products in accordance with the manufacturer's recommendations. The OSHGS shall be provided with a minimum of four lifting lugs integrally welded to the skid framing. H. WARRANTY REQUIREMENTS 1. Prior to acceptance of the Sodium hypochlorite generator system, provide written warranty from the OSHGS Supplier that includes the following statements: a. OSHGS Supplier has inspected the installation.during and after completion and the Sodium hypochlorite generator system is free from faults and defects and is in conformance with the Contract Documents. b. OSHGS Supplier must provide the following after sales services: (1) Must provide a 24-hour 365-day toll free service hot line. (2) On site technician availability. (3) Next day or overnight parts availability. (4) Must provide evidence of spare parts availability on this system such as electrodes, rectifiers, control cabinets, metering pumps. c. Sodium hypochlorite generator system will remain free of defects for a period of two (2) years from the date of final acceptance. d. If the equipment requires repair or replacement because of ordinary wear and tear under normal conditions, the OSHGS Supplier will repair or replace such equipment as required without cost (including shipping and handling) to the Owner. e. OSHGS Supplier will provide a five-year not to exceed cost guarantee for replacement of the anodes. TS-7-6 I I I I I I I I I I I I I I I I I. 1. -02. A. B. f The electrodes shall have a 2-year full replacement warranty and a 3-7 year prorated straight-line replacement warranty from the date offinal acceptance. g. The warranty period shall start from the date of commissioning of the system. SYSTEM START-UP 1. The chlorination equipment manufacturer shall furnish the services of a qualified field engineer to check installation, start-up and instruct operating personnel in the proper operation and maintenance of the equipment. COMPONENT SELECTION 1. Suppliers are strongly encouraged to use materials and/or components made in the US.A. Any component which is not made in the US.A. shall require individual submittals and pre-approval prior to installation. PRODUCTS: PRE-APPROVED MANUFACTURER 1. The pre-approved OSHGS equipment supplier is Severn Trent Water Purification, Inc. / ClorTec. The equipment is indicated as a basis of design and being non- proprietary, this equipment represents the minimum acceptable standard of quality for equipment, materials and methods of construction. Other packaged booster pumping station suppliers shall seek approval by the engineer a minimum often (10) calendar days prior to bid opening. A pre-bid submittal for any alternate equipment substitutions will be required as outlined within this specification. 2. A list offive (5) installations where similar equipment by the manufacturer is currently in similar service; include contact name, telephone number, mailing address of the municipality of installation, engineer, owner, and date of installation. If five installations do not exist, the list shall include all that do exist. If no installations exist, a statement.to that effect must be included. GENERATOR SYSTEM EQUIPMENT 1. Provide one sodium hypochlorite generator system, capable of producing 24 pounds per day chlorine equivalent as 360 gallons per day 0.8% sodium hypochlorite solution. 2. Generation system shall have a 48-hour reserve capacity for sodium hypochlorite solution. 3. The electrolytic system shall generate an aqueous solution of a IDlmmum concentration of 0.8 percent (::l:O.05%) by weight sodium hypochlorite expressed as TS-7-7 I I I I I I I I I I I I I I I I I I I 4. 7. chlorine. The minimum capacity shall be demonstrated to be equal to the capacity specified for each installation while not exceeding the maximum raw material quantities. The electrolytic cell shall consume a maximum of 3 .0 pounds of salt per pound of chlorine equivalent output, using solar salt containing no organic binders, flow control agents or resin cleaning material, and meeting the following specifications: :.. ....... ....... .... ......................... ..... ...... ....~.......... .........." ................ ............ ..............~ :~., i t..~~.r:4...(~g~g)...........................w....J...}Y.~.!gg!.........w...........w.w........w........w.w........J j NaCl: 1 ! r........:.:.:.......:.~.....:.:.........~.:~.:~~~I~..~..~...........:...:r.:.?~.:Ir;:.:~~~g;;........:.:.........:~.:.:..':':':'.] ~ - wet i 93.3% minimum I ~.~~~~~~~~w._nnnnnnnnn_nnnnnnnnn~nnnnnnnnn____n__n_________w._____t ~ Calcium Sulfate ; 0.30% maximum I [::M~g~~~!~~:..~gg2E!~~::...:]:::.:Q;:Q:~~~:~~,~~~:.::....::..:.:.:~::.:...::.:.:.:] ~ Calcium Chloride i 0.10% maximum ! r...'iy.!~gri.~~1~iii...~~!.f~i~..................I....Q.:.2.~~...~~~~.!i..................................] ~ Insolubles ! 0.1% maximum ! E=m~l ~ Iron (as Fe\ i 0.002% maximum ! ................. ............'1............................................................................................... 5. The electrolytic cell shall consume a maximum of2. 0 AC kilowatt-hours of electricity per pound of chlorine equivalent output. 6. The electrolytic cell shall consume a maximum of 15.0 gallons of water per pound of chlorine equivalent output. The raw water supply to the softener shall be free of organics and suspended solids. The generator shall have no waste products associated with its use other than hydrogen gas, which is to be vented to the atmosphere. 8. The generator package shall be mounted in the general location shown on the drawings and shall be factory wired, plumbed and mounted on a self-contained skid assembly. 9. The generator package shall consist of the electrolytic cell( s), flow control panel,. rectifier cabinet, control panel containing system controls, water softener with flow meter and all necessary interconnecting wiring and hardware. 10. The generator package shall have the following redundant interlocked safety features: a. Cell high temperature switch, for each cell b. Cell low level switch, for each cell c. Rectifier over voltage switch TS-7-8 I I I I I I I I I I I I I I I I I I I d. Transformer high temperature switch e. Automatic voltage and current regulation 11. The Bellows Pump shall function to automatically dilute concentrated brine with softened water netting a2.8% solution to be delivered to the cell(s). The flow control panel shall have valving capable of allowing the brine pump to blend muriatic acid into the cell(s) for cleaning purposes. 12. All of the above safety features shall be interlocked to prevent operation if any of the . normal parameters are exceeded. In the event of a trip condition, an alarm contact set will be made signaling a shutdown condition. Each alarm condition, along with normal operating status, shall be individually sent to the plant control system via the data highway if provided by the Owner. 13. The process shall operate in a batch environment allowing for consistent hypochlorite concentrations and greatest efficiencies. 14. The sodium hypochlorite generator equipment shall be the MCT Series as manufactured by Severn Trent Services ClorTec, unless the equipment is approved by pre-bid submittal as outlined within this specification. C. GENERATOR SYSTEM EQUIPMENT 1. The electrolytic cell shall be constructed of clear acrylic materials, allowing for full visual inspection of electrodes from all angles. 2. Cell construction shall be tubular, allowing electrodes to be removed as a single assembly. Any necessary joining of cell materials shall be by solvent welding or mechanical compression. Thermal welding will not be allowed. 3. The tubular cells shall be factory tested to 55 psi, for a period of 3 0 minutes, before final assembly and shipment. 4. The electrodes shall be titanium and the anodes coated with a mixed metal oxide catalytic coating for electrical efficiency and maximum longevity. They shall be vertically oriented solid flat plate construction to maximize the high velocity gas lift between electrodes, which will minimize scaling. Expanded metal electrodes will not be allowed. 5. Maximum allowable cell current density shall be no more than 1.20 amps/sq. in. The OSHGS Supplier shall provide calculations showing all relevant cell data. Data shall include electrode area measurements, and current flows. Electrode service factor shall be expressed as amps per square inch of electrode surface. 6. The Electrolytic Cells shall be mounted for clear and easy access on the OSHGS skid. TS-7-9 I I I I I I I I I I I I I I I I I I I D. CONTROL SYSTEM 1. The OSHGS Supplier shall provide a NEMA 12, 304 stainless steel, Sodium Hypochlorite Control Panel, which shall include controls for the entire sodium hyp 0 cWorite generation and feed system. 2. All controls and operation logic specified herein and as shown on instrumentation loop diagrams required for the system shall be programmed in a Programmable Logic Controller (PLC). The PLC shall be Allen Bradley MicroLogix 1500. General Contractor shall coordinate with OSHGS Supplier, instrumentation supplier and owner for proper integration of system. 3. The control panel shall display all relevant operating parameters and/or alarm conditions. 4. The control panel cabinet will be UL 508 approved and house the operator interface terminal (OIT), PLC, and terminal strips to fully support the functions of generator operation, tank levels and metering pumps proportional control. 5. The OIT shall have the following features as a minimum: a. Operation specific function keys b. Dedicated scrolling keys for multiple message review c. NEMA 4, 6-inch monochrome touchscreen. d. Serial communications port for PLC connection 6. The control cabinet logic will function at the PLC level where operating parameters will be measured, corrected, scaled, reported and controlled. The OIT will serve as the operator interface, data input screen, and alarm log. 7. The generator PLC and display will control and monitor all functions and operational parameters including, but not limited to, the following: a. Cell safety devices b. Rectifier control c. DC amperage and voltage d. Hypochlorite tank levels e. Chlorine residual f. Metering pump flow pacing and dosing g. Alarm history h. Maintenance log 1. Security protection J. Altitude valve status (on Owner's system) 8. A single metering pump shall be activated whenever the existing altitude valve is opened and deactivated when the altitude valve is closed. The status of this valve will be relayed to the control panel via a limit switch on the valve itself. TS-7-l0 I I I I I I I I I 1 I I I I I I I I I 9. The operation of the metering pumps shall be alternated in order to prevent excessive wear of any one pump. 10. Both pumps shall be capable of operating in automatic or manual mode and shall be compatible with the Owner1s SCADA system. 11. Additional controls and parameters to be coordinated with Owner pnor to programmmg. E. GENERATOR SKID - The generation system shall be pre-piped and skid mounted. The OSHGS skid frame shall be constructed of304 stainless steel tube steel. The power brush finishing is a production methoQ of metal finishing that employs wire elastomer bonded wire, or non-metallic (cord, natural fiber or synthetic) brushing wheels in automatic machines, semi- automatic machines, semi-automatic machines and portable air tools to smooth or roughen surfaces, remove surface oxidation and weld scale or remove burrs. Horizontal and vertical tube steel sections shall be of . 25-inch wall thickness and have a depth no greater than thirty- four inches by a length not exceed six feet. The skid frame shall be configured to allow easy access to all components. All vertical and horizontal frame connections shall be welded connections. Skid to be welded per ANSI!AWS A5.22-95, specification for stainless steel electrodes for flux cored arc welding and stainless steel flux cored rods for gas tungsten arc welding. The completed frame with all mounted components shall comply with the UBC structural requirements of seismic zone four. The skid shall be fitted with a minimum of four support legs and four transport wheels. The skid frame shall support as a minimum the following mounted equipment: a. Generator Electrolytic Cells b. Control/Rectifier Panel c. Water and Brine pump d. Water softeners e. Interconnect pipes valves and fittings f. Interconnect conduit and wiring F. . TRANSFORMER RECTIFER - Locate transformer rectifier in the control cabinet. Transformer rectifier at a minimum shall include the following: (1) Air-cooled power supply / linear rectifier, (2) Soft start constant current, (3) Emergency shut off switch. G. WATER SOFTENER - The water softener shall be dual tank, continuously operational and capable of automatically regenerating without the use of electric timers or gear motors. The softener shall be capable of exchanging 14,688 grains of hardness as CaC03 between regeneration cycles. Regeneration cycles shall be flow dependent only. WASTE BRINE SHALL BE DIRECTLY DISPOSED OF INTO A 5 GALLON BUCKET WHICH SHALL BE REMOVED AND REPLACED BY MAINT AINANCE PERSONEL. H. BRINE TANK - The OSHGS supplier shall provide one 78 Gallon HDLPE salt/brine storage tank with the storage capacity of 750 pounds of salt. Brine level control to consist of clear TS-7-11 I I I I I I I I I 1 I I I I I I I I I PVC external sight glass fitted with level sensing switch at 12" that actuate the primary solenoid operated diaphragm valve. All level controls shall be operated and serviced at ground level. Top mounted valves and controls are not acceptable. 1. SODIUM HYPOCHLORITE STORAGE TANK 1. The supplier shall supply one 475 gallon, high-density linear polyethylene hypochlorite storage tanks, 48-inches in diameter. 2. The polyethylene sodium hypochlorite solution tank( s) shall be provided with the following accessories: a. Ultrasonic level sensor and associated flanged connection. The level transmitter shall provide a 4-20 mA level signal for proper operation of the generation system. b. Vent connection. c. Fill connection. d. Pump suction connection. e. Drain and overflow connections. f 12-inch top flanged manway with cover. 1. SODIUM HYPOCHLORITE DOSING SYSTEM 1. The solution inj ection metering pumps shall be positive, hydraulic actuated diaphragm proportioning pumps and shall be manufactured by a single manufacturer. 2. The solution metering pumps shall be suitable to operate 24-hour per day. 3. The metering pumps shall be able to operate with a 10: 1 turn down ratio, which can be manually adjusted by a micrometer dial. Pumps must also have the capability to be retrofitted with an electric positioner for stroke adjustments to be added by the Owner at a later date. 4. Acceptable Manufacturer: Neptune 5. Sodium Hypochlorite Metering Pumps a. Number required: Two b. Maximum Feed Rate Capacity: 18 G.P.H. @ 80 P.S.I. c. Speed Control: Constant TS-7-12 I I I I I I I I I 1 I I I I I I I I I M. d. Materials of construction shall be suitable for use with 0.8% sodium hypochlorite solution. e. Pumps shall be equipped with double diaphragm heads with leak detection and alarm. f. Pumps shall be driven by an electric motor. g. Pumps and components shall be mounted on a corrosion resistant skid. h. Metering pumps shall be pre-set for the following conditions, at a minimum: (1) Primary setting - 0.5 ppm @ 2200 gpm, which equates to an injection rate of 8.2 gph (2) Secondary setting - 1.0 ppm @ 2200 gpm, which equates to an injection rate of 16.4 gph 1. Metering pump controls supplied by the O. S .H. G. S manufacturer as a part of their control package 6. Each pump shall be supplied with a pulsation damper, backpressure valve, pressure relief valve, and calibration column mounted on a polyethylene stand. K. WATER REA TER - A water heater is not required. Plumbing shall be in a configuration which would allow the addition of a water heater at a later time by others. L. TOOLS, SPARE PARTS, AND MAINTENANCE MANUALS 1. The OSHGS Supplier shall furnish, one set of the following spare parts for each installation, with each onsite sodium hypochlorite generator system: a. One (1) complete set of fuses b. One (1) set of spare parts kit for each of the pumps c. One (1) set of spare parts kit for the backpressure and pressure relief valves. d. One (1) electrolytic cell level and temperature switch assembly 2. Spare parts shall be packed in sturdy containers with clear indelible identification markings and shall be stored in a dry, warm location until transferred to the Owner at the completion of the contract. 3. Furnish an initial supply of all greases and lubricants required to start operations. Supply an amount of these materials equivalent to one year of continuous operation for each system. SERVICE CONNECTIONS ON INTERNAL PIPING -All plumbed devices eventually requiring service, such as meters, control valves, pumps and like equipment, shall be easily TS-7-13 1 I I I I I I I I I I I I I I I I I I -03. A. B. removed from the piping by the presence of appropriately placed and sufficient quantity of adaptors and couplings. EXECUTION: EXAMINATION AND :pREPARATION 1. The General Contractor shall inspect all equipment and materials against approved Shop Drawings at time of delivery. Equipment and materials damaged or not meeting requirements of the approved Shop Drawings shall be immediately returned to the OSHGS Supplier for replacement or repair. 2. Equipment and materials shall be stored in a dry location and protected from the elements according to the OSHGS Supplier's instructions. 3. Equipment and materials shall be handled in an approved manner according to the OSHGS Supplier's instructions. INSTALLATION 1. Installation of the generator, metering pumps, tanks and appurtenances shall be performed by the General Contractor and shall be in accordance with the Drawings and with the OSHGS Supplier's instructions and recommendations. Conflicts of information shall be called to the attention of the Engineer. 2. All equipment units or assemblies shall be installed on concrete bases and secured with anchor bolts in accordance with the OSHGS Supplier's recommendations and as shown. The concrete bases shall.be poured up to I-inch below the metal bases, legs or soleplates. Equipment legs or base plates shall be accurately shimmed to grade and the spaces between filled with an approved non-shrink grout. After the grout has reached its initial set, exposed edges shall be cut back 2 inches and the edges neatly finished with 1 to 2-cement mortar. Where channel base plates are used, the void inside the channel shall be filled with non-shrink mortar and the open ends plastered with 1 to 2-cement mortar. The General Contractor shall coordinate with OSHGS supplier for skid placement and anchoring. 3. General Contractor shall inspect all concrete pads for proper elevation, dimensions, cutouts, evenness and anchor bolt locations and correct if necessary. 4. General Contractor shall provide a drain for each piece of equipment, according to the OSHGS Supplier's instructions. 5. Inst~lation shall include furnishing and applying an initial supply of lubricants, as provided by the OSHGS Supplier. 6. General Contractor shall support piping independent of equipment. Equipment shall be free from all loads and stresses induced by the piping. TS-7-l4 I I I I I I I I I I I I I I I I I I I 7. All equipment including motors, belts and drives shall be aligned to the best industrial standards. Field check and adjust all equipment alignments in the presence of the Engineer or Engineer's representative. 8. The General Contractor shall inspect all equipment before installation, if damaged; notify the OSHGS Supplier promptly. Do not install damaged equipment until the Contractor makes repairs in accordance with OSHGS Supplier's written instruction and approval. 9. Tie-down lugs for tanks shall be grouted or shimmed to prevent excessive loads being transferred to the tank shell. 10. Make all electrical connections in conformance with the requirements of the electrical specifications. c. START-UP SERVICES AND TESTING 1. General Contractor and OSHGS Supplier shall verify that structures, equipment, pumps and motors are compatible for an efficient system. 2. General Contractor and OSHGS Supplier shall make equipment adjustments required to place system in proper operating condition. 3. General Contractor and OSHGS Supplier shall test the sodium hypochlorite feed system for proper operation in the presence of the Owner and Engineer. 4. The OSHGS Supplier shall furnish all testing equipment and devices required. 5. If the sodium hypochlorite feed system fails to meet any of the specified performance requirements, General Contractor and/orOSHGS Supplier shall modify and/or replace defective equipment until it meets specified requirements. Re-test system to verify satisfactory operation. 6. Demonstrate the accuracy of each metering pump using job supplied calibration column. 7. The General Contractor, after installation of storage tanks is complete but before piping connections are made, block all outlets and fill each tank with water to again check for leaks. No leakage will be permitted. 8. The OSHGS Supplier's field services - Retain, for a period of not less than Three (3) days for installation assistance of the generation system factory trained representatives of the manufacturer of each component with demonstrated ability and experience in the installation and operation of the equipment. The representative shall performthe services listed below: TS-7-15 I I I I I I I I I I I I I I I I I I I a. Inspect the completed installation and prepare an inspection report. b. Test, calibrate and adjust all components for optimum performance. c. Assist in initial start-up and field-testing. d. Instruct Owner's personnel in the operation and user maintenance of all components. Conduct a training seminar at the site. e. Supervise the correction of any defective or faulty work before and after acceptance by Owner. 9. Dosing pump manufacturer's field services - Retain, for a period of not less than one (1) day, factory trained representatives of the dosing pump manufacturer with demonstrated ability and experience in the installation and operation of the dosers. The representative shall perform the services listed below: a. Inspect the completed installation and prepare an inspection report. b. Test, calibrate and adjust all components for optimum performance. c. Assist in initial start-up and field-testing. d. Instruct Owner's personnel in the operation and user maintenance of all components. Conduct a training seminar at the site. e. Supervise the correction of any defective or faulty work before and after acceptance by Owner. TS-7-16 I I I I I I I I I I I I I I I I I I I -01. A. B. SECTION TS-8 PRE-ASSEMBLED PRECAST CONCRETE STORAGE BUILDING GENERAL: SUMMARY Contractor to furnish precast concrete transportable building. Building to be delivered and placed on owner's prepared foundation in accordance with manufacture's recommendations (PART 3). Precast building to be EASI-SET brand Model AES-I012HL as manufactured by AES PRECAST CO., INC., 3851 17th Street, Northport, AL 35476 or pre-approved equal. Building to be provided by manufacturer with all necessary openings as specified by contractor in conformance with manufacturer's structural requirements. QUALITY ASSURANCE 1. ACI-318-95, "Building Code Requirements for Reinforced Concrete". Concrete Reinforcing Institute, "Manual of Standard Practice". 2. ANSI!ASCE-7-95 "Building Code Requirements for Minimum Design Loads in Buildings and Other Structures". 3. 1996 BOCA. 4. UL- 752 Test Method Level Four (4) for Bullet Resistance certified by an Independent Structural Engineer. 5. Concrete Reinforcing Institute, "Manual of Standard Practice. " 6. Building fabricator must have a minimum of 5-years experience manufacturing and setting transportable precast concrete buildings. 7. PCI Design Handbook - 5th Edition. 8. Uniform Building Code -1997. 9. Manual of Steel Construction - LRFD AISC - 2nd Edition. 10. Manual of Steel Construction - ASD AISC - 9th Edition. TS-8-l I I I I I I I I I I I I, I I I I I I 1 C. -02. A. DIMENSIONS & DESIGN LOADS 1. Dimensions: Exterior: 12' O"W x 10' O"L x 9' 5"H Interior: 11' 6"W x 9' 5"L x 8' O"H Walls are 3" or 4" Thick; Floor is 6" Thick; Roof is 4" @ edge and 5" @ center, giving a 1" slope from center to edge. 2. Design Loads: a. Seismic load performance category IC', Exposure Group III b. Standard Live Roof Load - 60 PSF c. Standard Floor Load - 250 PSF Minimum d. Standard Wind Loading - 130 MPH 3. Roof: Roof panel shall slope I" from center to sides. The roof shall extend a minimum of2 Y2" beyond the wall panel on each side. 4. Roof, floor and wall panels must each be produced as single component monolithic panels. No roof, floor, or vertical wall j oints will be allowed, except at comers. Wall panels shall set on top of floor panel. PRODUCTS: MATERIALS 1. Concrete: Steel-reinforced, polypropylene fiber reinforced, 4000 PSI minimum 28- day compressive strength, air-entrained (ASTM C260). 2. Reinforcing Steel: ASTM A6l5, grade 60 unless otherwise indicated. 3. Reinforcing Fiber: Polypropylene fiber, Fibermesh @ 1.5 pounds per cubic yard. 4. Caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX-lA elastic sealant or equal. 5. Panel Connections: All panels shall be securely welded together with 1/4" thick steel brackets. Steel is to be of structural quality, hot-rolled carbon complying with ASTM A283, Grade C. Cast-in anchors used for panel connections to be Dayton-Superior #F-63, or equal. ' TS-8-2 I I I I I I I I I I I I I I I I I I I 6. Curb: On interior of building there shall be a continuous curb poured around the entire perimeter, with various support curbs within. Curbs shall be steel reinforced and bonded to the floor slab with an epoxy bonding agent. Curbs shall have a minimum dimension of 6" x 6". Sump area shall be coated with two-part epoxy, and sloped to center of building. 7. Grating.: Building shall have Fiberglass Grating, Yellow, covering the entire floor area. Grating shall provide 3 50 PSF minimum loading and shall be slip resistant. B. ACCESSORIES 1. Doors and Frames: The building shall be equipped with one (1) pair 3' -0" x 7' -0" x 1 %" Fiberglass Doors and frames. Door Hardware: a. Hinges: Vandal Proof (primed with non-removable hinge pins), Stainless Steel, 3 per door. b. Lock Set: Stainless Steel Mortise Lock with Removable Core 6 Pin Type. Panic Hardware shall be provided for one side of door. c. Threshold: CECO #897 V raised interior, extruded aluminum threshold with neoprene seal, or equal. d. Door Stop: Ives 1 15B26D Heavy duty cast bracket and welded chain with vinyl cover, or equal. e. Drip Cap: National Guard 15D72. f Astragal: CECO P444/68R, aluminum, or equal. g. Deadbolts: Top and Bottom inactive leaf I" x 6-3/4" Stainless Steel Lever extension flush bolt. C. FINISHES 1. Interior of Building: Smooth Steel Form Finish, painted with an epoxy coating suitable for protection against sodium hypochlorite, color is to be determined by owner. 2. Exterior of Building: Broom Finish, painted to match existing storage tank. 3. Roof to have smooth trowel finish sealed With Hydrostop Premium Coat membrane reinforced liquid applied roofing system, White. 4. All colors to be selected by owner. TS-8-3 I I I I I I I I I I I I I I I I I I I D. E. F. G. -03. A. ELECTRICAL 1. Two (2) 150W VaporproofIncandescent Light Fixtures. 2. One (1) SPST Switch. 3. One (1) wall mounted electrical outlet (to located by owner). 4. One (1) thermostat for control or both exhaust fan and heater. 5. One (1) 125A 3-Phase Main Lug Interior Service Panel. VENTILATION 1. One (1) 12" Corrosion Resistant Shutter Mount Exhaust Fan. 2. Two (2) 12" x 12" Vent Openings with Rain Hoods. HEATING 1. One (1) 5KW Electric Unit Heater. MISCELLANEOUS 1. One (1) Concrete Loading Ramp. 2. All conduit shall be RMC (Rigid Metallic Conduit), Surface Mount. EXECUTION: SITE PREPARATION (Standard Pre-assembled Building) 1. AES Precast Building shall bear fully on a crushed stone base that is at least one foot larger than the length and width of building. 2. Stone shall be a minimum of 4" thick or down to firm sub grade. Substrate below stone must have a vertical soil capacity of 1,500 pounds per square foot. Stone shall be 3/8" or smaller and placed within a perimeter form with flat and level top edge for screeding, such as concrete curbing, railroad ties, or compacted earth. 3. Stone must be screeded to level within 1/4" in both directions. Forming material shall remain around stone after the building is set. 4. The crushed stone base shall be kept within the confines of the soil or perimeter form. TS-8-4 I I I I I I I I I I I I I I I I I I I B. ACCESS 1. Purchaser must provide level unobstructed area large enough for crane and tractor trailer to park adjacent to pad. Crane must be able to place outriggers within 3'_0" of edge of pad and truck and crane must be able to get side-by-side under their own power. No overhead lines may be within 75' radius of center of pad. Firm roadbed with turns that allow 65' lowbedtractor and trailer must be provided directly to site. No building shall be placed closer than 2'-0" to an existing structure. TS-8-5 I I I I I I I I I I I I I I I I I I I SECTION TS-9 ELECTRICAL -01. SCOPE: The work covered by this section of the specifications consists in furnishing all plant, labor, equipment, appliances, and materials in performing all operations in connection with the installation of the electrical system for the project, complete, in strict accordance with this section of the specifications and the applicable drawings, and subject to the terms and conditions of the contract. -02. CODES. PERMITS. AND INSPECTIONS: The Contractor shall obtain, at his own expense, all necessary permits required for the proper execution of the work covered by this section of the specifications. Further, he shall comply with the regulations of the National Electrical Code, and shall deliver to the Owner, without charge, all certificates of inspection issued by inspecting authorities. -03. MATERIALS AND WORKMANSHIP: All materials shall be new and shall conform with the standards of Underwriter's Laboratories, Inc., in every case where such a standard has been established for the particular type of material in question. All work shall be executed in a workmanlike manner and shall present a neat and mechanical appearance when completed. -04. MATERIAL AND EQUIPMENT SCHEDULES: The Contractor shall submit to the Engineer a complete list of materials, fixtures and equipment to be incorporated in the work. The list shall include catalog numbers, cuts, diagrams, dra~ings and other descriptive data as may be required by the Engineer. In order to standardize, all material shall be Square D or equal except as may be specified on the drawings. . -05. ELECTRICAL SERVICE AND METERING: 1. SERVICE: Service voltage for the various elements of the installations shall be as scheduled on the plans. 2. METERING: It shall be the responsibility of the Contractor to coordinate the metering requirements with the local utility to assure that meter sockets are located properly for the various service laterals. -06. EOUIPMENT ENCLOSURES: Unless specifically specified otherwise, equipment enclosures shall be NEMA Type 3R. -07. WIRING METHODS: TS-9-l I I I I I I I I I I I I I I I I I I I Generally, and unless otherwise specified on drawings, wiring shall consist of insulated conductors installed in rigid zinc-coated conduit and direct burial type UP/G wiring. 1. CONDUIT SYSTEM: Conduit shall be threaded, rigid zinc-coated steel or PVC, where allowed by codes and regulations. All conduit shall be installed in accordance with the National Electrical Code. Crushed or deformed raceway shall not be installed. Equipment connections shall be made with flexible conduit with liquid tight covering and connectors. Rigid metal conduit buried underground shall be coated with asphaltic paint. 2. CONDUCTORS: Conductors shall be copper and sizes shall not be less than those shown on the drawings. Branch circuit conductors shall not be smaller than No. 12 AWG. All interior wiring shall have a code grade insulation type THW. Direct burial cable shall be type UP/G. -08. OUTLETS AND DEVICES: Outlet boxes of a type to suit the intended use shall be installed at the locations shown on the drawings. Wall switches shall be mounted within reach of the access hatch and receptacles 18 inches above the floor. 1. Where required, wiring troughs shall be constructed of code-gauge galvanized sheet metal with screw fastened covers and shall be sized as shown on the drawings. 2. Device plates of the one-piece type shall be provided for all outlets to suit the device installed. Plates on unfinished walls or on fittings shall be of zinc-coated sheet metal having rounded or beveled edges. 3. RECEPTACLES: All duplex convenience receptacles located on dry areas shall be specification grade, rated 20 amperes, 125 volts, AH&H 1991, or approved equal. -09. LIGHTING FIXTURES: Lighting fixtures oftypes and sizes as indicated on the drawings shall be furnished and installed complete with lamps. -10. MOTOR STARTERS: Unless otherwise specified, all motor starters shall be furnished with the equipment and installed under this section of the specifications. Enclosures shall be raintight unless otherwise noted on the plans. Selector switches and pilot lights shall be provided in the covers as indicated on the plans. Unless otherwise noted, operating coils shall be 120 volts, Square D Company, Class 8536 and 8538. 1. VERIFICATION OF MOTOR SIZE: The plans indicate the anticipated horsepower of all motors. This information is furnished as a guide and it shall be the responsibility of the Contractor to verify the horsepower of equipment being furnished. TS-9-2 I I I I I I I I I I I I I I I I I I I -11. CONTROL EQUIPMENT: Unless otherwise installed as part of an equipment package, all accessory items for the control of motors shall be furnished and installed under this Section of the Specifications. Conduit and control wiring between control panels and motor starters shall be furnished and installed as required for a complete and operating system. -12. GROUNDING: The neutral conductor and equipment grounding shall be in accordance with the applicable sections of the National Electrical Code: -13. TESTS: After the entire electrical system is completed, and at such time as the Engineer may direct, the Contractor shall conduct an operating test for approval. The tests shall be performed in the presence of the Engineer or his authorized representative, and the equipment shall be demonstrated to perform in accordance with the requirements of these specifications. The Contractor shall furnish all equipment and personnel required for the tests. -14. GUARANTEE: The Contractor shall leave the entire electrical system installed under this contract in proper working order and shall, without additional charge, replace any work or material which develops defects, except from ordinary wear and tear, within one year from the date of final acceptance by the Owner. TS-9-3 I I I I I I I I I I I I I I I I I I I SECTION TS-IO CONCRETE CONSTRUCTION -01. SCOPE: This section covers concrete construction, complete, including reinforcement thereof -02. FORMS: Forms shall be ofwood, metal, structural hardboard or other suitable material that will produce the required surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate alignment to assure a smooth completed surface free from irregularities, and shall be sufficiently tightto prevent the loss of mortar. No forms shall be left permanently in place without approval of the Engineer. Holes resulting from removal of form ties shall be filled solid within 12 hours after removal of forms with cement mortar. -03. REINFORCING AND EMBEDDED METALS: Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the ASTM Designation A15. All bars % inch and larger shall be deformed bars conforming to ASTM Designation A305. Detailing, fabrication and tagging of reinforcement shall be done in accordance with ACI "Manual of Standard Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that where longer laps are indicated on the design drawings, the drawings shall govern. Wire fabric reinforcement shall consist of steel wire conforming to the requirements of ASTM Designation A185. Anchor bolts and structural shapes shall conform to ASTM Designation A36. Exposed surfaces of embedded steel shall be given one shop coat of Red Lead Iron Oxide conforming for Federal Specification TT -P-86c, Type II, unless otherwise noted on the drawings. Anchor bolts and miscellaneous steel items to be embedded in concrete shall be accurately placed in accordance with the drawings, and adequately secured in position to prevent dislodgement during concrete placing operations. Anchor bolts shall be protected after concrete has been placed and set by daubing with grease, wrapping with burlap, and covering bolts with wooden boxes. -04. CONCRETE: All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance with the requirements of ASTM Designation C94 and having a compressive strength at 28 days of 3,000 psi, except as noted herein. The concrete manufacturer shall assume the responsibility of the design ofthe concrete mix in accordance with Alternate No.2 of ASTM C94. Air entrained concrete shall be used for all concrete. TS-lO-l Slabs on grade Footings All others Max. 4", Min. 3" Max. 5", Min. 3" Max. 6", Min. 3" I I I I I I I I I I I I I I I I I I I 1. MATERIALS: A. Cement: Cement shall be Type I or IA "Portland" cement, all one manufacturer, conforming to ASTM, C150 or ASTM C175, respectively. B. Aggregates: Aggregates shall conform to ASTM C33. Coarse aggregate shall be crushed rock or gravel and graded from % inch to number 4 sieve for mass or foundation concrete. Fine aggregate shall be natural sand. C. Water: Mixing water shall be proportioned so that slump when measured with standard slump cone does not exceed the following: D. Joint Filler Strips: Premolded joint filler strips shall be resilient compressive, bituminous and fiber materials saturated with at least 35 percent and not over 50 percent by weight of asphalt. Poured type j oint composition for expansion joints shall be elastic compound made up of asphalt and colloidal mineral fillers. 2. PLACING CONCRETE: Runways for wheeled equipment shall be provided to convey concrete. Runways shall not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24 inches deep. Vibrators may be used provided they are used under experienced supervision and the mixture is dry enough to prevent segregation. Form vibrators shall not be used. Vibration shall not be used for transporting or moving concrete inside forms. No more concrete shall be placed than can be consolidated and finished the same day as placed. Free fall of concrete shall be limited so that no segregation of materials occurs. 3. JOINTS: Construction joints not indicated on drawings shall be approved by the Engineer in advance of pour. Joints in foundation walls shall be keyed. Before depositing the concrete is resumed, the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before the grout has attained its set. 4. FINISHING: After stripping forms, all voids and honeycombs shall be patched by chipping and scarifying the defective areas and treating it with an approved bonding agent. All such voids shall be patched, not merely plastered. Grout mixture shall consist of one part Portland cement and one part sand. Immediately following removal of forms, all fins and irregular projections shall be removed from all surfaces except from those which are not to be exposed or waterproofed. Slabs shall be struck-off and consolidated by approved machine or hand methods, screeding and tamping concrete so that upon completion, the surface shall be true to grade as shown on drawings and free of surface voids. All floors shall have a monolithic steel trowel finish unless otherwise indicated on the drawings. Exterior walls shall be compacted, screeded and floated to a true even surface with wood floats and then broomed.e TS-lO-2 I I I I I I I I I I I I I I I I I I I SECTION TS-ll GRADED AGGREGATE BASE COURSE -01. SCOPE: This section covers a graded aggregate base course to receive bituminous paving under another section, complete. -02. GENERAL SPECIFICATIONS: The graded aggregate base course shall conform to all applicable specifications of Section 300 of the Standard Specifications for Roads and Bridges of the Georgia State Department of Transportation, Latest Edition. -03. PREPARATION OF SUBGRADE: The sub grade to receive the graded aggregate base course shall be constructed in accordance with requirements of Section 209 of the Standard Specifications for Roads and Bridges of the Georgia State Department of Transportation. -04. MATERIALS & CONSTRUCTION FOR SURFACE COURSE: Materials and construction for the graded aggregate base course shall be in accordance with Section 310 of the Standard Specifications for Roads and Bridges of the Georgia State Department of Transportation. TS-ll-l I I I I I I I I I I I I I I I I I I I SECTION TS-12 BITUMINOUS PAVING -01. GENERAL: A. This section covers the construction of pavement for all roads and parking areas, complete. B. Construction of the subgrade, base course and paving of the roadways and parking areas shall be undertaken immediately after completion of all storm drain lines and structures, all curbs and gutters, all yard piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations required within or adjacent to the paved areas. -02. PRODUCTS: A. The asphalt concrete mixture shall conform to the Georgia Department of Transportation, Standard Specifications for Highway Construction, for Type E asphalt concrete. The job mix shall be approved by the Engineer and no material shall be used until approved. B. Lane Marking Paint: Alkyd-Resin type, ready mixed complying with AASHTO M248, Type I. -03. EXECUTION: A. SEASONAL LIMITATIONS No bituminous mixtures shall be applied for surface treatment between October 21 st and April 10th, except as directed by the Engineer. B. WEATHER LIMITATIONS Bituminous mixtures shall not be produced or placed during rainy weather, when the sub grade or base course is frozen or shows any evidence of excess moisture nor when the moisture on the surface to be paved would prevent proper bond nor when the air temperature is less then 45 degrees F. in the shade away from artificial heat. C. APPLICABLE SPECIFICATIONS All work and materials required under this section of the specifications shall conform to the applicable sections of the Standard Specifications of the Georgia Department of Transportation, latest edition. D. SUB GRADE The sub grade shall be prepared as specified under Section TS-ll of these specifications. TS-12-l TS-12-2 E. PRIME COAT A prime coat of 0.3 to 0.8 gallons per square yard of medium curing cut-back asphalt (RC- 250 or emulsion grades RS-2 or SS-l) shall be applied with a pressure distributor at a temperature between 80 degrees F. and 140 degrees F. The prime coat shall be applied to the previously prepared base course when the atmospheric temperature is above 50 degrees F. F. SURFACE COURSE 1. The mixture shall be transported from the mixing plant to the point of use in approved vehicles. Loads shall not be of such size or weight as to interfere with the efficient operation of the spreader. Loads shall not be sent out so late in the day as to prevent the completion of spreading and compaction of the mixture during daylight, unless artificial light is provided. The mixture shall be delivered at a temperature between 225 degrees F. and 325 degrees F. and within 20 degrees F. of the temperature set at the mixing plant. 2. Upon arrival at the point of dumping, the mixture shall be dumped into the hopper and spread by mechanical pavers, true to line, grade and cross section specified and to the loose depth that will secure a compacted thickness of2 inches. The hot mixture shall be free from lumps and shall be spread while it is in a workable condition. After the mixture has been screeded and before roller compaction is started, the surface shall be checked, all fat spots and irregular areas removed and replaced with satisfactory material. All irregularities in alignment and grade along the outside edge shall also be corrected by the addition of removal of mixture before the edge is rolled. 3 . While the mixture is hot, it shall be compacted thoroughly and uniformly by rolling. The surface of the compacted mixture shall be smooth, and true to crown and grade. Any mixture that becomes loose or broker, mixed with dirt or is in any way defective, shall be removed and replaced with fresh hot mixture which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous materials shall be removed and replaced, and the edges shall be kept to a reasonable straight line and trimmed. 4. The density after compaction shall be at least 98 percent of the laboratory-determined density. 5. Protection of Pavement: The newly finished pavement shall be protected from vehicular traffic of any kind until the pavement has cooled and hardened and in no case less than 6 hours. 6. Tolerances: The finished surface shall not vary more than 1/8 inch in 10 feet from the true profile and cross section. SECTION TS-13 MEASUREMENT AND PAYMENT -01. SCOPE: This section describes the methods for measurement and payment of all contract bid items. -02. MEASUREMENT AND PAYMENT: The following item numbers correspond to the contract bid items in the proposal section of this document. Item 1 - Precast concrete building shall be measured individually (each) and shall include the cost for grading, graded aggregate base, building completed with accessories and finishes as specified, precast concrete ramp, and installation. No additional payment shall be made for these items. Item 2 - Clor- Tee on-site Sodium Hypochlorite Generation System shall be measured lump sum and shall include the cost for the Clor- Tee Generation System as specified which shall include at a minimum a dual tank water softener, brine tank, brine proportion system, electrolyzer cell panel, power supply, required metering pumps and sodium hypochlorite storage tank. No additional payment shall be made for these iterns. Item 3 - Electrical service and system wiring shall be measured lump sum and shall include costs for the required electrical service and all system wiring installed complete including all required conduit and tie-ins. No additional payment shall be made for these items. Item 4 - System piping shall be measured lump sum and shall include all piping inside of building installed complete, pressure and leakage testing, pipe sterilization, bacteriological testing and flushing. No additional payment shall be made for these items. Item 5 - 1" copper water service shall be measured individually (each) and shall include costs for piping from main to building, valve with valve box, dewatering, trench excavation, water main connection, normal backfill and property restoration. No additional payment shall be made for these items. Item 6 - 3/4" PVC sodium hypochlorite injection line shall be measured individually (each) and shall include costs for piping from building to main, valve with valve box, water main connection, trench excavation, dewatering, installation, normal backfill and property restoration. No additional payment shall be made for these items. Item 7 - 3" diameter PV C drain pipe shall be measured lump sum and shall include costs for pipe and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, 4" floor drain, and tie to existing storm drop inlet. No additional payment shall be made for these items. Item 8 - Concrete sidewalk shall be measure in square feet and shall include cost for 3000 psi concrete, installation, site preparation, form work, and finishing. Payment shall include all removal and disposal costs. No additional payment shall be made for these items. TS-13-1 Item 14 _ Lump sum construction includes, but is not limited to, the items described in the Bid Schedule. No separate payment shall be made for these items. Item 9 _ Graded aggregate base and asphalt paving shall be measured in square yards and shall include costs for asphalt, aggregate base, installation, and site preparation. No additional payment shall be made for these items. Item 10 - Construction outlet shall be measured individually (each) and shall include costs for materials, installation, cleaning, and removal and disposal. No additional payment shall be made for these items. Item 11 - Inlet sediment traps shall be measured individually (each) and shall include costs for materials, installation, cleaning, and removal and disposal of collected material. No additional payment shall be made for these items. I I I I I I I I I I I I I I Item 12 - Pipe bollards shall be measured individually (each) and shall include costs for materials and installation. No additional payment shall be made for these items. Item 13 - Chain link double gate, installed complete shall be measured individual (each) and shall include the cost for all labor, materials and equipment necessary for a complete installation. No additional payment shall be made for these items. TS-13-2 (NOTE: .- ~ i_ " SECTION PB PERFORMANCE BOND Bond # 0000708 THIs BOND IS ISSUED SIMULTANEOUSLY WITH.PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED .FOR THE PAY:MENT OF LABOR AND :MATERIAL.) KNOW ALL:MEN BY THESE PRESENTS: BRW Construction Group, LLC That as Principal, hereinafter called Contractor, and Companion Property & Casualty Insurance Company Georgia a corporation organized and existing under the laws of the State of witi} its principal office in the City of Columbia , State of South Carolina .as Surety, hereinafter called Surety, are held and finnly bound unto AUGUSTA, GEORGIA BY AND IHROUGH TIffi AUGUSTA-RICHMOND COUNTY COMMISSION as Obligee, hereinafter 'called the Owner, in the penal mnount of ***SEE BELOW Dollars ($ 164,434.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, e1::ecutors, administrators, successors, and assigns, jointly aod. severally, firmly by these presents h'rty ~ .. . . d d . ty f r thousancffour hundred t I ,our for tbe faithful performance of a certam wntten agreement. ***One hun re SIX ou WHEREAS, Contractor has by said written agreement dated 6/21/05 entered into a contract with Owner for the construction of AUGUSTA WATER SYSTEM lMI1l0VEMENTS, CHLORINE BOOSTER STATION, BOND PROJECT NO. 10110, Augusta. Georgia, in accordance with the drawings and specifications issued by the Augusta UtiJities Department and tbe Augusta-Richmond County Commission, which contJ;act 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 shan promptl,y and faithfully perfonn said CONTRACT, then this obligation shalt be null and void; otherwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension. of time m.ade by the 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 m.ay prom~Jy remedy the default, or shall promptly (1) (2) Complete the CONTRACT in accordance with its terms and conditions or . , Obtam. a bid or bids for Completing the Contract in accordance with ita 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 o';t.h.~ lowest responsihle bidder, armnge fur a contract hetween such hidder and Owner, and make available as Work progresses (even though there should be a default or a 8UC~5ion of defaults under 'the contract or contra.cts of completion arranged. PB-l 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, II 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 sui.t under this bond nnist be instituted before the expiration of two (2) years ~ .$e. date on which final payment under th.e CONTRACT falJ.s due. No right of action shall accrue o.n this bond to or for the use of any person or ~oo Qther than the Owner named herein or the heirs, executors, administrators or ~.oftbeOwner. Signed and sealed this 6th day of July AD.20~. :~~.(Y~~.IU J1.~{?hJ A~.:.._ BRW Construction Group, LLC (Contractor) BY@~ ~ (seW) :eh /'t)U.)-r (Title) (Seal) ~~ft?-rr;e()~ ~jJO/tJp~/(aJJ Companion Property & Casualty Insurance Company (Seal) (Surety) By 1t~;J~L L--zseal) , . (Title) Richard L. Shanahan, AttbrneY-In-Fact PB-2 ....-.-1"1I SECTION PJl LABOR ANDMA TERIAL Ii A YMENT BOND Bond # 0000708 (NOIB: TIiIS BOND IS ISSUED SIMULTANEOUSLY WIlli PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL :MEN BY THESE PRESENTS: That BRW Construction Group, LLC as Principal, .::~ cafied. Contractor, and ~.~{;~~;~.~~~~.~.~~:~~~/ :~.. .: :r;:;f~i~ organized and existing under the laws of the State of ~~t.\t..,,:.;..,!, :<::: . . i':: i:W~aI office in the City of Columbia . State of ~~f::.:'.. ::. ' ; I,:~ "; '.: ;.;:: Companion Property & Casualty Insurance Company Georgia South Carolina , as called Surety, are held and finnly bound. unto AUGUSTA, GEORGIA BY , THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, .~ the Owner for the use and benefit of claimants as hereinbelow . defined in . the .....,.:,.. .' . )<:.one hundred sixty four thousand four hundred thirty four Dollars ($ 164,434.00 ) for the payment '. r and Surety bind themselves, their heirs, eJl:ecutors, administrators, successors, ." .:~tlJtIy and severally, firmly by these presents. "WHEREAS, Contractor has by written agreement dated 6/21/05 '~:H".:~ contract with Owner for the construction of AUGUSTA WATER SYSTEM '. ITS, CHLORINE BOOSTER STATION, BOND PROJECT NO. 10110, in drawings and specifications issued by the Augusta Utilities Department. and . County Commissio.n, which contract is by reference made a part hereof, and is >1i&ued to as the CONTRACT. w . NOW, THEREFORE, the condition of this obligation is such that, if the -";-::SWlpromptly make payment to all claimants as hereinafter defined, for all labor . and . .' m: reasonably required to use in the performance of the CONTRACT, then this .::~ be void; otherwise it shall remain in full force aDd effect, subject, however, to the ..~.tions: ~$~) A claimant is defined as one having it direct contract with tbe 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 OD. which the PB-3 last of such claimant's work or labor was done or performed) or materials were. furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final 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. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within. ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to ''-'nom tbe materi.a1s 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 businessl or served in any manner in wbich 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. 'tb) 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 oflimitationpennitted by such law. t.e) 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. ~, ~"-..: The amount of this bond sball be reduced by and to tbe 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 6th day of July AD. 20~. .n.,.,.~ ~ M '\ ,;:'~'1~.;<~ . ~ BRW Construction Group, LLC (Contractor) (Seal) ..~.,-~,..".... " .... .,- J>" ..' .~. ~~~~'~'.j~~,:~~.\:~.. ~~i:~:~ .... B@e~(Seal) Pr~~,ow-r (Title) """'~llf~ .'~",:~,";. .. :1::,,~:f~/<. '/ . , ..~ ._....~, ,J' ..1. .~. . " . ~"(ffi .4J ~ /OJ[ ~~~;:H(':::'.:,,':', 0 :/l, Companion Property & Casualty Insurance Company (Seal) (Surety) BY~~~ I (Title) Richard L. Shanahan, Attorney-in-Fact PR_ t; , . COMPANION PROPERTY & CASUAL TV INSURANCE COMPANY P. O. Box 100165 (29202) 51 Clemson Road Columbia, SC 29229 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY had made, Constituted and appointed, and by these presents does make, Constitute and appoint Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Scott Stoltzner of Birmingham, Alabama; Arthur S. Johnson of Atlanta, Georgia; Lenora N. Cape of Gainesville, Georgia; Mary F. Holland of Chamblee, Georgia; James E. Feldner of West Lake, Ohio; Jeffrey L. Booth of Parma, Ohio; or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obliges provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of $1,000,000 (One Million dollars). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY on the 2ih day of August 2004. RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the futiJre, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof, the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY has caused its official seal to be hereto affixed, and these presents to be signed by its President and attested by its Vice President this 2ih day of August 2004. Attest: CO~~ANIOf\lPR9PERTY ~~AL TY INSURANCE CO~ANy /)~ By: L~--D- (~If ,. ~ ~r. 1 Charles M. Potok, President Curtis C. Stewart, Vice President & CFO STATE OF SOUTH CAROLINA COUNTY OF RICHLAND On this q I-l day of S~\eV"'\b~ , '2.Lwy ,before me personally came the above named officers t(UD~k~6wn, who being by me duly swor , did depose and say that he resides in Columbia, in the County of Rich/and ,$fateof,.s.C),'at Columbia; that he is the President of COMPANION PROPERTY & CASUALTY INSURANCE COMPAf:'JY~:the corpciration. described in and which executed the above instrument; that he knows the seal of the said corporation; that;" .the ,seal affix~d.tp.;: the said instrument is such corporate seal; that it was so affixed and that he signed his name th~re~o pursuant tcdue. authorization. _ >.,. ' (,fi.. 'lv. ~L Notary Public, State of SC, Qualified in Richland County Commission Expires: 7f1~h4'" ' ~TATE OF SOUTH CAROLINA '. .. "; " COUNTY OF RICH LAND ;", I, the undersigned, an Officer of COMPANION PROPERTY & CASUALTY INSURANCE COMPANY, a South Carolina Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and, furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in the Power of Attorney is now in force. .~ ' _ Signed and sealed at the City of Columb;a, Daled lh~day of 0\ ~ '. 2eJD~ . Attached to Bond II 0000708 issued in U/~ t:/. E.:~c/z:.~;;I- Number 1105 5 counterparts. Curtis C. Stewart, Vice President & CFO