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Home My WebLink About2000 Water System Improvements Old Waynesboro Road Water Line Augusta Richmond GA DOCUMENTNAME~()()D UJ&feI Sq<sk-m ./rxwrDvet;n.' e:n+3 . Old W~Yle.~'ooro.~ A G20-.-ki LA (I e.., . DOCUMENTTYPE: LO(l-/f t1G~ . YEA~: ~Otfj BOX NUMBER: I 0 FILE NUMBER: ) 4 ~ rIle NUMBER OF PAGES: ~J ro 'I I I I I I I I I I I I I I I I I I I ;)b iFlf)17& AUGUSTA UTILITIES DEPARTMENT 2000 WATER SYSTEM IMPROVEMENTS OLD W A YNESBORO ROAD WATER LINE ,,' CONTRACT DOCUMENTS March 2000 Project 9909-01 PREPARED BY 2EL PHONE (706)724-5627 j. ! 435 TELFAIR ST. AUGUSTA, GEORGIA ENGINEERS ZIMMERMAN, EVANS AND LEOPOLD, INC. .....;.~. DATE: "7/10/00 TIME: 09:18 AM TO: Patrick S. Dillard Chi~f Esti~tor @ +1706 (868) 1855 PAGE: 002-00! ACORD". CERTIFICATE OF LIABILITY INSURANCE DATE (MM"'DIY't) 06/30/2000 ~ROOUCER (770) 246-8300 (770) 246-8301 leMur .. Sutter, Mclellan & Gilbreath, Inc. ONL v AND CONFERS NO RIGHTS UPON THE CERTlFlCATE HOLDER. THIS CERTlRCATE DOES NOT AMEND, EXTEND OR 3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Norcross, GA 30092-2205 INSt,lRERS AFFORDING COVERAGE NSURED Blalr Constructlon Inc INSURER A: Transportation Ins. Co. Blai r Properties, LLC INSURER B: Transcontinental Ins. Co. P. O. Box 770 INSURER c: Evans, GA 30809 INSURER D: I INSURER E: COVERAGES 1HE POLICIES OF INSURANCE LISTED BELDW HAVE BE8'J ISSUED TO 1HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RFQIJ/RFMFNT. TFRM OR ~ONnITlON OF ANY ~ONTRA~T OR OT11FR nn~IJMFNT WITH RP.';PF~TTO WHIC".H T111~ ~FRTIFI~AT1= MAY RF 1~~IJFn OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEABN IS SUBJECT TO ALL THETERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~SR TYPE oF INSURANCE POUCYNUMBER Pg.+e CMM,oDIYVl UMITS _TR DATE CMMJt)DIYVl GENERAL UABIUlY ",,1035739868 12/31/1999 12/31/2000 EAQ-l OcaJRRENCE $ l,OOO,OO<<l - X COMMEAOAL GENERAL UABIUTY FIRE DAMAGE (Any ooe fire) $ SO, DOll I a.AJMS MADE [!] OCCUR MED EXP (Any me P"'BO"l) $ 5,OO<<l A PERSONAl & ADV INJURY $ l,OOO,OOll - GENERAL AGGREGATE $ 2,OOO,00(J - GEN'l AGGREGATE UMIT APPUES PER: PRODUCTS. COMP/Of' AGG $ 2,000,000 ~ PaJCY fXl j~g n LOC AUTOMOBILE UABlUlY ~1035739871 12/31/1999 12/31/2000 ca..lBINED SINGLE UMIT 'X , (Ea accidenl) $ l,OOO,OO(J ANY AUTO '-- ALL OWNED AUTOS BOOILYINJURY - $ Sa-tEDULED AUTOS ~er perBO"l) B X HIRED AUTOS BOOIL Y INJURY X $ NON-OWNED AUTOS ~er aetidenl) - - - PROPERTY DAMAGE $ f'er Betidenl) GARAGE UABlUTY AUTO ONLY - EA AOODENT $ R ANY AUTO. OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS UABILITY 1035739885 12/31/1999 .12/31/2000 EAQ-lOcaJRRENCE $ 5,000,Ooc o OCCUR o a.AJMS MADE AGGREGATE $ 5,OOO,OO<<l B $ ~ DEDUCTIBLE $ X RETENTION $ 10, OOC $ WOFlKERS COMPENSATION'AND '. r.vcCI035739854 . . - -. -_. --. -- 12/31/1999 .12/31/2000 )( I TrnVUMITS I . \UER- - EMPLOYERS' UABIUlY . 500,000 B E.L. EAa-t AOODENT $ E.L. DISEASE. EA EMPLOYE! $ 500,000 E,L DISEASE - POUCY UMIT $ 500,000 OTHER C1035739868 12/31/1999 12/31/2000 $150,000 limit c Leased and/or Rented A Equipments $1,000 deductible "' )EsqRIPTlON OF OPERATlONSt\..OCATlONS/VEHI~CLUSlONS A9DED BY ENDORSEMENT/SPECIAL PROVISIONS 'roJect: Old Waynesboro R Water llne ' Augusta, GA Contract Amount: $565,561.00 o ADDITIONAL INSURED; INSURER lETTER: CANCEUATION CERTlFICATE HOLDER Augusta-Richmond County Commission Room 605 Municipal Building, Augusta, GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POUCES BE CANCEU..ED BEFORE THE EXPIRATION DATE THERECF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL .-.!!L. DAYS.WRITTEN NanCE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NanCE SHAll. IMPOSE NO OBUGATlON OR UABIUTY CF ANY KJNO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -"/o/.-e c h-- ACORD 25-5 (7/97) Mark Jaynes CSP /LINDAM @ACOflD _.~. ON 1988 'I I I I I I I I I I I I I I I I I I I- AUGUSTA UTILITIES DEPARTMENT 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE CONTRACT DOCUMENTS March 2000 Project 9909-01 [ PREPAREDBY ~-' 'Ell PHONE (706)724-5627,. . IIiii 435 TELFAIR ST. AUGUSTA, GEORGIA ENGINEERS ZIMMERMAN, EVANS AND LEOPOLD, INC. I I I I I I I I I I I I I I I I I I I SECTION IND INDEX ADDENDA INVITATION TO BID INSTRUCTION FOR BIDDERS BID BID BOND NOTICE OF AWARD AGREEMENT PAYMENT BOND PERFORMANCE BOND NOTICE TO PROCEED CONTRACT CHANGE ORDER GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS TECHNICAL SPECIFICATIONS SECTION TITLE PAGE NUMBER T1-1 thru Tl-5 T2-1 thru T2-6 T3-1 thru T3-3 T4-1 thru T4-B T5-1 thru T5-3 T6-1 th~u T6-2 T7-1 thru T7-4 T-l T-2 T-3 T-4 T-5 T-6 T-7 Site Wcrk Excavation, Filling and Backfilling Concrete Water Lines Valves and Hydrants Underground Crossings of Highways Grassing LIST OF DRAWINGS COVER LOCATION MAP, LEGEND & DRAWING LIST 1. OLD WAYNESBORO ROAD WATER LINE STA 2+42 TO STA 50+00 2. OLD WAYNESBORO ROAD WATER LINE STA 50+00 TO STA 93+00 3. OLD WAYNESBORO ROAD WATER LINE STA 93+00 TO STA 135+35 4. OLD WAYNESBORO ROAD WATER LINE STA 1+00 TO STA 31+00 5. WATER LINE DETAILS 6. EROSION & SEDIMENT CONTROL DETAILS FOR UTILITY LINE CONSTRUCTION 'ZEL,-~~~: ')909-0t WD.doc IND-1 I I I I ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR BID NO.00-059 2000 WATER SYSTEMS IMPROVEMENTS OLD WAYNESBORO ROAD WATERLINE AUGUSTA, G~ORGIA MARCH 2000 ZIMMERMAN, EVANS AND LEOPOLO, INC., CONSULTING ENGINEERS - Ma'1 9, 2000 I SECTION ITB Page ITB I I CHANGE bid date from the 17 day of May to 24 day of May. EACH BIDDER IS REQUESTED TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY ATTACHING THIS COPY TO THE FRONT FLYLEAF OF THE CONTRACT DOCUMENTS AND NOTING RECEIPT OF SAME ON PAGE B-1 OF THE BID. I I I END OF ADDENDUM NO. 1 ZEL PROJECT 909-01 I I I I I I I I I "909-') 1 ,\dd !Il, Joe I I I I I I I I I I I I I I I I I I I ADDENDUM NO. 2 TO CONTRACT DOCUMENTS E'OR BID NO.00"'"059 2000 ii/ATER S'[STEMS IMPROVEMENTS OLD NAYNESBORO ROAD 'NATER LINE AUGUSTA, GEORGIA f:v1.ARGl 2000 ZIMMERMAN, EVANS AND LEOPOLD, INC., CONSULTING ENGINEERS - Mav 17, 2000 SECTION BID REPLACE SCHEDULE OF PRICES with ENCLOSED REVISED SCHEDULE OF ?R:CES. DRAWINGS REPLACE ALL DRAWINGS WITH ENCLOSED SET OF DRAWINGS. EACH BIDDER IS REQUESTED TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 BY ATTACHING THIS COPY TO THE FRONT FLY1EAF OF THE CONTRACT DOCUMENTS AND NOTING RECEIPT OF SAME ON ?~GEB-l OF THE SID. END OF ADDENDUM NO. 2 ZEL PROJECT 9909-01 ~909-01 Add ~2,Joc I I I I I I I I I I I I I I I I I I I 2: E ~35 Telfair Street ~ Augusta, Georgia 30901.2494 ~ ENGIN.EERS ZIMMERMAN, EVANS AND LEOPOLD, I~c. (706)724-5627 Ted W. Ellis. P,E., Chm, of Board. Emeritus J. J, Tankersley. P.E.. President J, R, Armstrong. P.E.. Vice.President May 22. 2000 Attention All PIan Holders Re: AUGUSTA GEORGIA 2000 Water Systems Improvements Old Waynesboro Road Water Line CLARIFICATION: The PR V details that were shown on original drawing #4 still applies. Please direct any inquiries to the Wldersigned. JEJ: 1mt 'NO~lI C1ariliC:Jlion ML'IT10,dol; Jorge E. Jimenez. P.E.. Secretary J, T, Eubanks. P.E.. Treasurer . C. D. Drown. P.E, I I I I I I I I I I I I I I I I I I I SECTION ITB INVITATION TO BID SEALED BIDS for the construction of 16,000 L. F. of 16" waterlines, fire hydrants, valves, and 2 Bore and Jack crossings, and other appurtenant items. Bid Item: 00-059 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATERLINE AUGUSTA-RICHMOND COUNTY hereinafter referred to as the OWNER at the offices of: Ms. Geri A. Sams' PurchasingD~partment Room 605 MunicipaI Building' Greene Street Augusta, Georgia 30911 3-Y' ' until 11: 00 A.M. the ?' day of May, 2000 at which time all bids will be publicly opened and read in the presence of those interested. The CONTRACT DOCUMENTS may be 'examined during regular business hours at the office of Zimmerman, Evans and Leopold, Inc., Consulting Engineers; Augusta- Richmond Purchasing Department, Augusta Builders 'Exchange, F. W. Dodge Plan Rooms, Augusta and Atlanta,' or at Construction Market Data, Atlanta. Copies of the CONTRACT DOCUMENTS may be obtained at the office of Zimmerman, Evans and Leopold, Inc., 435. Telfair Street, Augusta, Georgia 30901, upon payment 0:( $ 75.00 for .each set. General Contractors submitting a bona fide bid and upon returni.ngthe CONTRACT DOCUMENTS in good condition within ten (10) days of the Bid openi.ng will be refunded full payment for the first set and one-half for additional sets. General Contractors not submitting a Bid, materia~ suppliers and subcontractors will be refunded one-half upon return of the CONTRACT DOCUMENTS in g~od condition wi thin ten (10) days of the Bid opening. A 10% bid bond is required;"a 100% performance bond and 100% payment bond will be required. The OWNER reserves the right to' .wai ve any informalities and to rej ect any or all bids. Date Ms. Ger i A; ;Sams Purchasing Director 'ZEL, ENGINEERS 9909-01 ITB.doc ITB I I I I I I I I I I I I I, I I I I I I' SECTION IB INSTRUCTION FOR BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed tc the Owner. The proposal must be filed with the Owner on or before the time stated in the invitat10nfor.bids. Mailed proposals will be treated' in every respect as though filed in person and will ,be subject to the same requirements. Proposals received subsequent to the time stated will be.returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been'opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location. of the work, the conformation of the' ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all 'other,matters whi.ch can in anyway affect ,the work ,or the cost thereof under the contract. No ora~ agreementorconv~rsation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any cf the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of project PROFESSIONAL, 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 supplem.ental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids., Failure of any bidder to receive any such addendum.or interpretation shall not relieve such bidder frornany obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB~04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or hi~ authorized representative. Any corrections to, entries 'made on bid forms should be'initialed by the person signing the bid. BiddeJ=s must quote on all' i terns appearing on the bid forms, unless specific directions in ~he advertisement, on the bid form, or in the special specifications allow fo.r partial bids. Failure to quote on all items, may disqualify the bid. When quotations on all items are not required, bidders shall insert the "lords "no bid" where appropriate. for. Al terrlative bids will not be considered unless specifically called 9909-01 IB.doc IB-1 I I I I I I I I I I I I ,I I I I I I I 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. Modificaticns shall be submitted as such, and shall not reveal the total ~mount of either the original or revised bids~ Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature aftested'by the secretary thereof who will affix the corporate seal to the proposal.. A Bid Bond of 10% payable to the owner is required in all cases and shall accompany the Bid. A certified check may be used in ~ieu of a Bid Bond. The Bid Bond of the successful Bidder will be retained until the Performance and Payment Bond have been executed. and approved, after which it will, be returned. IB'-05BASIS OF AWARD The bids will be compared on the basis of Bid prices, which will include and cover the furnishing of all material and the performance of all labor requisite of proper, and. completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. The project will be awarded to the low,' responsive and responsible bidder. IB-06,BIDDER'S QUALIFICATIONS , No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meei all obligations to be-incurred in carrying out the work. He shall submit with his proposal, sealed in a separate enveiope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and ge~eral 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 oid if the evidence submitted' by, the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the .obligations of the contract and to complete the work contemplated therein. Part' of the evidence required above shall consist of a list of the names and' addresses of not less than five (5) firms or corporations for wh~ch'the bidder has,done similar work. IB-O? 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, o~ all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all qost and tharge~ 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 satisfac~ory to the Owner and authorized by law to dObus,iness in'the. state of Georgia. Attorneys-in-fact who sig~ bonds ,must file with each copy thereof a certified and effectively dated copy of the power of attol:'ney. 9909-01 Ia.doc IB-2 I I I I I I I I I I I I I I I I I I I IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-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 effcrt 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 ora firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a ,statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information~is necessary. IB-lO ENGINEER The Engineer for the Project is Zimmerman, Evans and Leopold, Inc. (ZEL Engineers), 435 Telfair street, Augusta, GA 30901. 9909-01 IS.doc ,18-3 I' I I I I I I I I I I I I I I I I I I SECTION BID I?ROPOSAL OF '-B/a..'-"" C:r?~+-'__C...f,-oV1', =Z:-",c.. (hereina.fter) called "BIDDER", ol~ganized and existing under the laws of the state of be'47'91 'c.- t Cor /'>0'-<:0- /-,'=-"1 , doing business as &:.. * *Insert "a corporationR, "a partnership", or "an individual", as applicable. TO: City of Augusta Purchasing Department 605 MUnicipal Building Augusta, Georgia 30911 (hereinafter called "OWNER"). SUBJECT: 2000' WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE Gentlemen: The BIDDER, in compliance with. your Invitation for a:lds for the constructicn of the subject project, having examined the plans and specifications with related documents and the site. of the proposed work, and being familiar with all of the conditicns surrounding the construction of the proposed project including the availabili ty of ma.terials and labor, hereby proposes to furnish all labor, materials, and supplies, and to ccnstruct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in perfo~~g the work required under the Contract Documents, of which this proposal is a part. BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in written NOTICE TO PROCEED of the OWNER' and to fully complete the PROJE:CT within 120 consecutive calendar days thereafter as stipulated in the specifications. BIDDER further' agrees to pay as liquidated damages, the sum of $300 for each consecutive calendar day thereafter as hereinafter provided in Ar':icle II of the Agreement. BIDDER acknowledges receipt of the following ADCENDOM(A) : No. I (5"/'7/00) No. 2... ("s-/%o) , , I , BIDDER agrees to perform all the work described in the Base Bid of the CONTRACT DOCUMENTS for the total sum of: .c;v~ I-I.....d,..d 5;"'+7 ;:;'ve -rho"sG.4d h've jf.......,d-cI !J I 00 S;....~y O"e. /. lVo/IOO Dollars ($ S~S; IP - I I --------------------------------------------------------------------------- Subject to reductions or additicns resulting from omission or addition of the uni t priced item. 991I!Hl1 II%Il 'ZEL, ENGINeERS B-1 I' I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES Contract Item No. Description of Work Prices - Words Estimated Quantity 1 Bore & Jack Crossing Old W'aynesboro Road @Mark Walter Road; 34 U: of24" dia Casing Pipe and 44 Lf. of Restrained 16" dia Carrier Pipe, complete, in place. 6. Unit Price Figmes ~~n /q.,-F..nc! "7h~t!'e )./...."d-c1 - Dollars 00 ~o Cents $ "7, 300 - LS. Lump Sum Lump Sum 7. 1 Furnish and Install Pressure Reducing Valve and Pit: including 1-12" Pressure Reducing Valve, 2-12" Gate Valve~ Concrete Pit. Access Hatch, 8" Bypass Piping and Gate Valve, complete, in place. --';;do#7 -r;,~..t.' nOwJG'*7d ,c;;....- )./vnc!""c! Dollars 00 $ 23 4-00 - Cents I Lump Sum LS. ;<Ie;;> Lump Sum . New 12" Cross Connection to Existing 12" Water Line; includes 12" Restrained Pipe Pressure Class 350, and 12" Tapping Sleeve and valve, complete, in place. 8. 2 5,',/- ",.....f-17d tMt!' f./vwcl_d -,e., - ;..Jc;> 9. L.S. 1 Lunm Sum Connection to Existing 12" Water Line near Goshen Elementary School; including 16"x12" Reducer and connection. complete, in place. L.S. ;J,-"e HlAntd~c1 ~ ,c;"v~ - ;..b Lump Sum Do lIars ..x:> $ 94-5'- Cents Lump Sum BID 9909-l)lSOPREV .::19 Total Figmes c>c> $ 13'00- $ 2f/ 4-00 ~ $ /2/ 2.20 ~ $ 94-5" ~ Revised Page 3 I I I I I I I I I I I I I I I I I I I Contract Item No. to. 11. 12. 13. 14. Estimated Quantity 3 L.S. 1 SC~DULE OF PRICES Description of Work Prices - W oreis Unit Price Figures Connection to Existing 6" Water Line; complete, in place. E?,~-I- J.I~.d ;:::;;1+/ ,e;-....e ;.Ie:> Total Figures DO $ Z;!)fD 5'" - $ 0280 ~ 00 $ 24- t..,4-o - / $ 24-10 ~ I 00 $ /~ 9'f Z. Lump Sum Connection to Existing 2 " Water Line @Myrtis Drive; including 2" Gate Valve, 2" Pipe and 2 joints 6" Restrained PressW'e Class 350, complete, in place. ae -rh~-...-d ~v J-I~cI-c1 E?H7 He:> L.S. 7 Dollars 00 Cents $ ~Z.$o- LUIIlD S urn , l.ump Sum Furnish and Install 16" dia. Resilient Seated Gate Valve and Valve Box., complete, in place. Ale:> I-I.-/-.l~ , / Do llars 00 CeIrts $ ~ S- zo - Each -rJ,,,t!'e -rh._,_c1 ';::;'ve EA. 5 EA. 6 Each Furnish and Install 6" dia. Resilient Seated Gate Valve and Valve Box., complete, in place. ,c;~__ tI""-'7d-d &:'>-1"7 ~o He;> Each Furnish and Install Fire Hydrant with 6" Auxiliary Valve, Valve Box., pipe, restraint and appurtenant items, complete, in place. Dollars Cents $ Each Ao 00 <;'02 - O...e IhQ....~..,J 6?rrI-- )./..."d.cd -r;,,~7:..o Dollars $ 1/832. ~ ~o Cents EA Each Each 9909-01S0PREV. ::ls BID Revised Page 4 I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES Contract Item No. 15. 19. Estimated Quantity 20 16. L.F. 6.5 Description of Work Prices - Words Furnish and Install Creek Crossing; in.cluding 16" Ductile Iron Pipe, and concrete encasement, complete, in place. Unit Price Figures Total Figures 00 $ 3' 100 - / 5'0 $ /~ 757 coo $ J; 4-00 - 00 $ // "too - $ 5"33 00 - ae J.lw.-dcl-d ;:::;~ hOve - Dollars /~:) ~ f-/~ Cents $ Per Lineal Foot Lineal Foot Furnish and Install Compact Cast Iron or Ductile Iron Fittings, complete, in place. t7< lhe>.....Je....c! ?/~ !-I..."d-d Ct.+-y ,c; ve. ;../0 17. Ton 10 Dollars $ II (P5'S" ~ Cents Per Ton Per Ton Reconnect existing house services to new 16" water line (same side as main): install new tapping saddle, corporation stop and extend service lillle, complete, in place. --;h~t'! ;.I....,.,tI-c1 ;:::;,. ~y f./ c:> Each Reconnect existing house services to m:w 16" water line (opposite side as main): install-new tapping saddle, corporation stop, complete, in place. Dollars 3+o~ Cents $ Each 18. EA 10 EA. 6.5 C.Y. 9909-01S0PREV .;:.ls ~"e", lI...."d-cI fJ,:'ry No Each Furnish and Install Concrete for Reaction Blocking, and Collars, complete. in place. 00 - E?H7 -r-.....o ;...10 Per Cubic Yard, Dollars 8z ~ Cents $ Per Cubic Yard BID Revised Page 5 I' SCHEDULE OF PRICES I Contract Estimated Description of Work Unit Price Total Item No. Quantity Prices - Words Figures Figures I 20. 50 Furnish and Install Borrow Material, complete, in place. I ;.J'-.-te Do llars Cents $ '7~ $ 4,0 0" S; ~-!I.. ' , DO - I C.Y. Pf-T Cubic Yard Per Cubic Yard 21. 30 Abandon and Refill aborted bores including all construction neccessary, I complete in place. I -r;.t9--7 &;"..-1- Do llars ;vo Cents $ 28 ~ $ 84-0 ~ L.F. PtT Lineal Foot Per Lineal Foot I 22. 50 Furnish and Install Select Refill Material; complete, in place. -I ~o~7 Dollars 00 I 000 ~ ;....10 Cents $ zo - $ I I c.Y. Per Cubic Yard Per Cubic Yard 23. 200 Asphalt pavement replacement over I trench. complete, in place. ,c; iJ+-.; -r;.. ,'"' Dollars Cents $ S-z. ~ 00 I No $ /0/9-00 - S.Y. Per Square Yard Per Square Yard I 24. 84 Gravel Drive Replacement over tI't;:nch. complete, in place. I 5,'w.. Dollars --r:.dry ,c; 'v e Cents $ ~~ $ S-,ZS' ~ I S.Y. Per Square Yard Per Square Yard 25. 180 Concrete pavement replacement over trench. complete, in place. I .c;./y G:;n-J- Do Ilars , 4-,8 ~ 9. r.:.4-0 ~ )./ c;> Cents $ $ I I S.Y. Per Square Yard Per Square Yard I BID I 9909-01SOPREV .;(1::1 Revised Page 6 I' I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES Contract Estimated Description of Work Unit Price Total Item No. Quantity Prices - .W ords Figures Figures 26. 15' Concrete Curb and Gutter replacemen4 complete, in place. --r"..,erl-l-"j hOve Do lIars h-My Cents $ 25"~ $ 38 z.. e L.F. Per Lineal Foot Per Lineal Foot 27. 35 Asphalt Curb replacement, complete, in place. 5eV'e.., Do lIars 7~ 6'"0 ,c: t-Aj Cents $ $ 2~Z. - - . L.F. Per Lineal Foot Per Lineal Foot 00 TOTAL $ 5"~S; ~(ol_--- TOTAL BASE BID FOR ITEMS 1 TIIRU 27: ;:::;~e )I_d_d ~-~7 C;-.e -n.~-'__c/ ;:::;."e j h'~d..-ec:l 5;~-I-y ~e _d .M:>hOCl DOLLARS ($ 5""'~ s'(PI. ~ I / .._-------------------------_.._------------------~---------------------------------------------------------------------------. AMOUNTS ARE TO BE SHOWN IN BOrn WORDS AND FIGURES. IN" CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN. BID 990~-OlSOPREV. ;:13 Revised Page 7 I 'I SECTION BID I The BIDDER agrees that this Bid shall be good and may not be withdrawn for a ,period of 60 calendar days after the sc..~eduled closing time for recei vinq Bids . I Opon receipt of written Notice of Acceptance of this Bid, BrODER will execute the foI:mal Contract attached. within' 10 days and deliver a Surety Bond or Bonds as required by Article 5 of the General Conditicn5. The bid security '~~7. 5,-)10. ~-d 'c've H_4ckd 10 attached in the sum of .c,~ -5"'1- ~ I~oc:>-Dollars ($ 5~1 5'S'"G:. - lis to become the prcperty of the OWNER in the event the Contract and Bcnd are not executed within the time above set forth as liquidated damages for the delay and additional expense to the OWNER caused thereby. I I Respectfully submitted: I ByJl) ~OQ,\.~ t<.~ Signature I I Title 7.e. 13., / l> G 1-11 E'irm Name 7J/~;/- ~"'I';"'r.-e.k",..., ::z:;.c. "i Address: ~o. 8o~ 770 &~ I"" l..DcJ::;~ ,ed. I c.;=- ~ C;A I" fog 0'1 I (SEAL - IE' Bid is by a Corpcration) I I I I I I I 199Cl9-G1 aDl 'ZEL, eNGINeERS B-7 I, I - ':~.. I I I I I I I I I I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS I ....,.... Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe Blair Const.ruction, Inc. IH... '''HI! 1,,11 1"'4"'" ."12 ",Jo:J't'\\ 0' It&.1 'III, 01 Corl1q(!o. PO Box 770, Evans, Georgia 30809 is Principal, hereinafter called the Principal, and National fire Insurance Comp'any c: ''''''f ''''U,I hI" 1"1,"", p..tJ ,dd',\\ Ot Ifl,1 III t 0' \.o,,:.t'.. Hartford, CNA Plaza, Chicago, Illinois 60685 I corporation duly organized under the laws of the Slate of Connect.icut is Surety, hereinafter called the SurelY, are held and firmly bound unlO Augusta-Richmond County .,....', 1"",'1 1...11 1"Il.",,~ '''u 'del"" 0' 1'1,1 I.Ut Qt CJ....".,. Augusta, Georgia 30911 Commission, 530 Greene Sb/Municipal Building, as Obligee, hereInafter called the Obligee. in the sum o( Ten percent of amount bid Dol/ars (S 10% of Bid I, for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind ourselve:, our heirs, executors, administrators, SUCcessors and Jss,!::ns, JOlnl>{ af"\d severalll. r"ml'{ :;. these presen ts. WHEREAS, the Principal has submitted a bid (or 2XO vater,~,,~~~ ,%4,~~~,~ vaterli.rE NOW, THEREFORE, If Ih. Obligee sh.1I ,eeepl Ine bid of Ihe P,inClp,1 ,nd Ihe P,inc'o~1 \h,II en Ie' inlO , COnrll(1 willi Ine Obligee in ,ecOrd,nee Willi rne le,ml 01 luell b.d, ,.",~ ,"~ ,~(t- ~lC:"d (;' bO"~1 ,\ ,'"'Jv :,., 'PH,I'ed ,~ I/'\e :"l'do'-~ or Conl"CI Dncumenll W,ln good 'nd luH,elenl lu'ely '0' It-e """'", IJe"O''''',''''' ", 'v(" C'.'~",',el It'd 10' !/'\~ nrr)",":) , p.ymenl 01 I,bor ,nd mllefl.1 (urn'lned In Ihc P'QltCu,.on I""r"~ol ", ,"' "'e I'Vl'~' ,,, '''I' 'J':"", "I "'c P""~'O,I 't') e~'~' Iven Coner,el 'nd give sven bond 0/ bond!. 01 Ine P"ne,o,1 11'0,1: :.II> 10 '''1' ')""~('e ",(' <.J,/I("....r', "",' '" "'(.C('cJ "'e ="'''''''' lIereol between Ihe ,n'Ovnl Ipeeified in uld b,d ,nd lueh I~'lle' ""Ch,'" I". _/,\,(/,\ "'e Qr,l'l!el' '"'Iv ," gc,Od I,,,,, eO"I,,:' wilh ,nOlher Pltty 10 perform Ihe Work cove,ed bv I,.d hid, I"e" 1/'\'1 Clhl'~,l"n" ,h,lI be "ull ,nr: yc.d, 01"('''''''1(' 10 'e""'.'. in lull force ~nd tHeel. Signed and sealed this 17th Miy, :am day of 19 ~~ I Blai.r co\nstruction, Inc. IPrinelof). /J.-'" (SUI)., UJ.d!J,~--- R ~I~AA.-P~S~ (TllIt) s_-:v~ (WIlnIlU) --2lt .Y ~ ....l;.~ iw) Nat.ional Fire Insurance I (Su"'YJ ~~~ Company of Hartford (S e.1) At t.o,rney-in-Fact '414 OOCUMrl'olT 4310' SIQ BONO. AlA ~, FfBRu^n lQ70 fD ' rHr ,~.....r~I('''", '''''STJTV~1 01 A~CHITlC1S, 17)~ N,Y, ... v!. , N", WASI""'':; IU... J ~ .,"" I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut.corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint James D, Thaxton, Theodore J, Marek, Buck Leigh, G, A. Weathersby, Individually I I I I of Columbia, South Carolina their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the cce Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October 1999 State of Illinois, County of Cook, S5: On this 28th day of October 1 999 ,before me personally came Marvin J, Cashion, to me known, who, being by me duly sworn. did depose and say: that he resides in the City 'of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by Ihe Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ...........................: A ~ : .OFF1CIAL SEAL a . : DIANE FAUU<NER : ~ . ' () I : ....., NIIia. __ of IIlinM : ~ . My CoIMtIalOft IbqIiNs 9117101 : 14,.......................... I I I I I I I I I CERTIFICA TE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA .II1'Ufl1t-: ,j ~~ Marvin J, Cashion Group Vice President My Commission Expires September 17, 2001 Diane Faulkner Notary Public I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force, In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 17th day of M:ly :;;nx). I I I (Rev, 10/1/97) I CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a Mary A. Ribikawskis Assistant Secretary I I I I I I I I I I I I I I I I I I I SECTION NOA NOTICE OF AWARD TO~ BLAIR CONSTRUCTION, INC. P.O. BOX 770, EVANS TO LOCKS ROAD EVANS, GA 30809 PROJECT: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE The OWNER has considered the BID submitted on May 24, 2000, by you for the above described WORK in response to its Advertisement for Bids dated April 19, 2000, and Information for Bidders. You are hereby notified that your BID has been accepted in the amount of: Five Hundred Sixty-Five Thousand Five Hundred Sixty One 00/100 Dollars ($565,561.00) . You are required by the Information for Bidders to execute the Agreement and furnish the requi.red Contractor's Performance Bond and Payment Bond within ten calendar days from the date of this Notice to you. You are also required to show proof of insurance coverage as required by the General Conditions. Six sets are enclosed for execution. If you fail to execute said Agreement and to furnish said Bonds within ten days from the date of the Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. In the Agreement and Bonds, please note that the date of agreement is to remain blank on line 1 of the Agreement, in the second paragraph and last line of both bonds and in the last line of the Power of Attorney. After execution of all copies, please return all copies to this office for coordinating the execution by the Owner. Executed copies will then be returned for you and your Surety along with the Notice to Proceed. Submittal of your Insurance Certificate at an early date will permit work on the project to begin when the Notice to Proceed is issued. A Preconstruction Conference will be scheduled after contracts are executed. Please return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this ~ day of June, 2000. AUGUSTA-RICHMOND COUNTY COMMISSION AUGUSTA, GEORGIA ACCEPTANCE: By Title Receip~ of the above NOTICE OF AWARD is hereby acknowledged by This the ,2000 _ da y 0 f By Title ;_________,_-=--==--==:::_,___________=~_==__===__::::==____._J ZEL I EN GIN E E R S 9909-01 NOA.doc NOA I I I I I I I I I I I I I I I I I I I SECTION AGR AGREEMENT THIS AGREEMENT, made on the ~ day of June, 2000 by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and BLAIR CONSTRUCTION, INC., party of the second part, hereinafter called CONTRACTOR. WITNESSETH, that the Contractor and considerations hereinafter named, agree as follows: the for the Owner, ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans, and described in the specifications for the project entitled: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE for the Base Bid 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. THE CONTRACTOR has given the ENGINEER written conflicts, errors of discrepancies that he has discovered DOCUMENTS and the written resolution thereof by the ENGINEER the CONTRACTOR. notice of all in the CONTRACT is acceptable to ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed wi thin 120 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for th~ awarding of this contract, to pay the Owner the sum of Three Hundred Dollars ($ 300.00), 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. I _________'______________u______-:-___._____________'____--~- ___, ZEL I~~-~~~~~ 9909-01 I\GR,doc AGR-l I I I I I I I I I I I I I I I I I I I SECTION AGR AGREEMENT The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay Contract the amount as stated Thousand Five Hundred Sixty-One made in the amount except as set hereto. to the contractor for the performance of the in the Base Bid: Five Hundred Sixty Five Dollars ($ 565,561). No variations shall be forth in the bid and specifications attached (B) Proqress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job. up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the "City's vendor payment 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. Interest on the retainage is waived. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that' the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed I'=-~~-=-=-_=.==:='::-:::"-::==-=-=-=,-=-::_,=.-:::--==':-=:'::::._==":':'-=::::~:=:'::::-~--=:":'=--=====-'::=-"::~_==J ZEL L~.!l G '~ ~_ E R::~j ~'909-0l i\GR,doc AGR-2 . I I I I I I I I I I I I I I D I ..1 ~I -I .,r SECTION AGR AGREEMENT amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than thcse arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) I f 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. IN WITNESS WHEREOF, the parties in three (3) counterparts, each in the yea~~~,day first mentione _""C', '''1\,!! -ciF' \J.JCHMoJ\t '.1'\" ..",.,/ -, }\ "l.. ..c;,."':f' ,,~ ooo.>>e-1)(j~'~ (') ~ll.. P.:$' ,0,,0 "0" 0 ~ "~ "" C; .,0 _ "0" t::}r ~.. l..:;:;i ,f i.""') 0..... T:l ~~: ". ';,..~~ ~.: '$.~ ~ -.0 : :! .,. '" ,.., ("f') . a "-J "- o , :'1# .. i' "PI 1996 00 P .......e.o.. .# - h GeORG\1'- _-- .!l ~..., governing claims. Each final shall except payment payment, Agreement original, (SEAL) (SEAL) ~~ ~ ~~~fn~ Secretary ~ - t ~..:i;:::.., ~. ~~ Witness be made that it conditions wai ver of under shall the terms and not constitute a have shall executed this be deemed an CONTRACTOR: BLAIR CONSTRUCTION, INC. By: UJ~~ P.M~. ~,eGr-Il>G,..n- As its - .... ,,,"~"'\\. ' ,../~....: .,.,...;:~ ... ~_ ,.'" ...... I " ,,~ ~ 7 /' ... - "- 1...," ~-,- .. ,A C ~"'_ ~ -. ~ ......... / ~ Address: P.O. Box 770, Evans to Locks Road Evans, GA 30809 "':: , ~ ";. ........ -------~-. ..----------------------1Z. EL I~NGIN._E.~__R_~.. +_____...1 9909-011\GR,doc AGR-3 ::=-: - SECTION PB PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that BLAIR CONSTRUCTION, INC. (Name of Contractor) P .0. BOX 77 0, EVANS TO LOCKS RD., EVANS, GA 308'09 (Address of Contractor) a (Corporation, Partnership or Individual) <l::lrp::lratial , hereinafter called Principal, and Nitia:a1. Fire :Uau:an::e Q:m::anV of H:rrtfard (Name of Surety) CNA. Plaza, 0rlCEg:>, III 6CX585 (Address of Surety hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia, (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER,. in the penal sum of Five Hundred Sixty-Five Thousand Five Hundred Sixty One 00/100 Dollars ($565,561.00)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF ~rHIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the ~ day of June, 2000 a copy of which is hereto attached and made a part hereof fo~ the construction of: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATE~ LINE NOW, THEREFORE, if the principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modi'fication thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be 'void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteraticn or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. \;: .. ,: ,- , ... ._.. .." _.. ..............". ".:-_~=, ::,:':::':':':::':';.'.:,;,::':.: ;':::.-=:.::'-=::::7'.':-,::-_-::=:':~:.. .::::::.==-::..-::::-.::---, ZEL . .e._~~_~,~_~ s_, .-------. PB-l ~909-0i ~B. doc =f!'; , c. -~ SECTION PB PAYMENT BOND IN WITNESS WHEREOF, this instrurriemt is executed ih 5 (number of copies) counterparts, each one which shall be deemed an origina( this the ~ day of June , 2000. 11~~{J~v~-~ Principal , .: " . '... .., I' ATTEST: ~L 70 ~ (Principal) Sec tary '-' .- .::: " :. ;~ .:::::.i " /' :""- ~~... '\., ..... ~ ~~: ~ ~.i"''' ~ .... r.-.... ... By: BLAIR CONSTRUCTION, P.O. BOX 770, EVANS EVANS, GA 30809 (Address) INC. TO LOCKS RD. (SEAL) ~~ S.~.vIL- Witness to Principal PO. 60" ?7o (Address) &~r'75 , , c/l- :?oE3o?' N:iticnal Fire Insuran:e Cl:npIDy of I-artfard Surety ATTEST: 2lf: ~ 4A-~ ;';/~rety) S cretary ~~ Attorn -in-Fact ~c~ Witness to Surety ED BJx 24167 (Address) Cblmbia, g; 292244167 ro :Ebx: 24167 (SEAL) ....,......;~:-\ ,.,.. ~.z.~ ~t . ~,~ Cblurbia, ~ 29224-4167 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute' bond. "'"."'..- .~o - ~, ::.,..~-- >i;:~>:_ "" IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. \. \,: ,,' ... ' ., ''''ZEL ENGINEERS _...~ . ,- .... -.-.---.... . 'h....._.,._.__.~._._ ~909-01 PB.Joc PB-2 ~- :-...~ 929 147 268 SECTION PFB PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that BLAIR CONSTRUCTION, INC. (Name of Contractor) P.O. BOX 770, EVANS TO LOCKS RD., EVANS, GA30809 (Address of Contractor) a rn............,.."tim = ~~u , hereinafter called Principal, and (Corporation, Partnership, or Individual) N:ltirnal Fire Insuran::E O:npmy of Hrrtford (Name of Surety) Q\lA:, Pla2a, Olic:ago, III fa385 (Address of Surety) hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called Owner, in the penal sum of Five Hundred Sixty-Five Thousand Five Hundred Sixty one 00/100 Dollars ($565,561.00)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ~ day of June, 2000, a copy of which is hereto attached and made a part hereof for the construction of: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice, to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur, in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the'specifications. \;; \:. '" '=:-::::::~-=====---==.:': ':: ::~::::.::==::::::::':::::::::,-'--:-.-:' ':.::':::::.:::'J ZEL Il,~:,~,I~ ~:~,t~:: , PFB-1 CIS ~ ~ A;;(- AD. ~~.A'" ~ /~__ GA resid:nt agent 9909-01 Pfll.dOC ~, ." SECTION PFB PERFORMANCE BOND PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is execute~.: in ~ (Number) counterparts, each one which shall be deemed an original, this the 22..- day of June , 2000. ATTEST: '"",, r ,~" ., ",-' -~'.22 :-~ lAJ~ t.?-~~A^ (Principal) , yY\~ ~~. ~. (Principal) ~etary \ ~: :.; -.r ~ ~ ;'" -- ...~ ~ h :::;:~ ~ (SEAL )7 ..... c .....'" ....t " ~ "l,;,_.,~ By: BLAIR CONSTRUCTION, INC. P.O. BOX 770, EVANS TO LOCKS ROADS EVANS, GA 30809 (Address) .--,:::>~ ~. ~~ (Witness) to Principal 70. ?Ov. 770 Ev'a-s/ 6.4- (Address) , 71080"1 AT~T: ~ ~LJ ~:tty) se~etary N3.timal Fire Insuran:E Q:npmy of H3rtfard Surety By PuLl~.lh~ Attorne in-Fact ~c~ itness) to Surety .J- ro B:lx 24167 (Address) Cblurbia, s:; 29224-4167 ro B:oc 24167 (SEAL) .... ":4 .~~. ~ r~ ~l -~ ...~. ~:_/.;;, -'~ 1. ',;:.:'-- .' (Address) Cblurbia, s:; 29224-4167 NOTE: Date of Bond must not be prior to date of Contract. Partnership, all partners should execute bond. ~~ ~ ~/<.,-,j;f :-::::,'-, ' If Contractor is IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. , ..-_.-. ....-....- ..~..:.,- ,--._.. ~'~o~-u 1 pm. aoe , PFB-2 "', :';:'-:,::-'-::-::'J ZEL .E N G ~ N E E,R S , 1.___ . _ ___._.. _....._., POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint James D, Thaxton, Theodore J. Marek, Buck Leigh, G, A, Weathersby, Individually of Columbia, South Carolina their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations, In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October 1999 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA /J1~. ,j twt~ Marvin J, Cashion Group Vice President State of Illinois, County of Cook, ss: On this 28th day of October 1999 ,before me personally came Marvin J, Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations, :..........................: . · OFFICIAL SEAL. : : DIANE FAULKNER · . : Notary ~. a.t. of 101"01. . · My CommlMion I!xpIrM 8117101 : I........................... >>~ ~~ My Commission Expires September 17, 2001 CERTIFICA TE Diane Faulkner Notary Public I, Mary A, Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force, In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of (Rev, 10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a~ Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company, "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto, The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company, "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Section 2, Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto, The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993, "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company, "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993, "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation, Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." ~ ' ~ . . 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",,"/ "-"t>-,", ,~, ~~"~".--.,\, ~\/> ... ~C\,.,:,- e~RQINA: ,'@S: FJ:Ee,SE '" ES'l'~,Ol":::Js:€'0~A~-=Da"~" .. #: ::~.~;"~(r:~,~t((:;-\;J>~\~':.:J{(r;I~:'f.:'!n..\ V f/;"" v, ,."~w ('''0 :;y'[!t'~~/I~~" ({~., {r;)~~' ~" "I f\'~f "''.' t',;:;\. ~J f: ,.,~1" :r~!..r...." .~r v',: {p',.,~,' 11.;;:;;9"'" -",;it!<>\;j'.r;;-,;,.V - v/,:~,X" .......',), _':;"'U"~"'/"-;"""{/-::::;:;:'.Y/~Y,.~;.,~,'f1 ...,....... ...........' f~~' ~ , , 61 -- -G!'J ___ y~..::-,y~.T'_ ..Th'---., I~~y~, --=::-''''/-- '. ',-c;:-Y" Ii' ~ ~~~:.\.~~0~~~J!:'Q\;.!{(O~~~j,!.!Q~~.li~-c-::L' t9'~\X.~-~"'\~~t:::rQ")Yrl9' ;r::~: I~~;~ f:"9)1 '?9 ~ ..~Q)~ ~~Q~.~!.'~':J((q~~9~:Y~?~':v. (~Q\:. '~;!'o;:Y~"ify~:.'f./!o:: ~.z (o:~\~r'''''\ ,~ '-;'i~~' '"1,~ iP"'iH~ ,.~ ~:,~ ~~~~~~',J" '\ ~<,,~ ~,f""""/f' ,'.' I I' I" 1 1 1 1 I I I I I I I 1 I I I .1 SECTION PB PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that BLAIR CONSTRUCTION, INC. (Name of Contractor) P.O. BOX 770, EVANS TO LOCKS RD., EVANS, GA 30809 (Address of Contractor) a (Corporation, Partnership or Individual) , hereinafter called Principal, and (Name of Surety) (Address of Surety hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia, (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of Five Hundred Sixty-Five Thousand Five Hundred Sixty One 00/100 Dollars ($565,561.00)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal ,entered into a certain contract with the OWNER, dated the ~ day of June, 2000 a copy of which is hereto attached and made a part hereof for the construction of: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE NOW, THEREFORE, if the principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed,or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ,==-=---===:~~-,-------------------=--,-~-=--==--= ZEL I::-E~_~.'!l_~1 ~1909-01 PB. doc PB-1 I I I I I I I I I I I I I I I I I I I SECTION PB PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in ~ (number of copies) counterparts, each one which shall be deemed an original, this the 20 day of June , 2000. ATTEST: Principal (Principal) Secretary By: BLAIR CONSTRUCTION, INC. P.O. BOX 770, EVANS TO LOCKS RD. EVANS, GA 30809 (Address) (SEAL) Witness to Principal (Address) Surety ATTEST: Attorney-in-Fact (Surety) Secretary (Address) Witness to Surety (SEAL) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute. bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. ,"-------.- -_. _.- j ----._~---- ._~ --- ----,----- ..----- -.' :-.'~.--.~,--., :..'..:J ZEL EN GIN E E R S r---------: 9909-01 PB.doc PB-2 I I I I I I I I 'I I I I I I I I I I I SECTION PFB PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that BLAIR CONSTRUCTION, INC. (Name of Contractor) P.O. BOX 770, EVANS TO LOCKS RD., EVANS, GA 30809 (Address of Contractor) a (Corporation, Partnership, or Individual) , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called Owner, in the penal sum of Five Hundred Sixty-Five Thousand Five Hundred Sixty One 00/100 Dollars ($565,561.00)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ~ day of June, 2000, a copy of which is hereto attached and made a part hereof for the construction of: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the Owner from all ccsts and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. -----------)ZEL,~_NGINEERS , PFB-l 9909-01 pm, doc I I I I I I I I I I I I I I I I I I I SECTION PFB PERFORMANCE BOND PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 2 (Number) counterparts, each one which shall be deemed an original, this the ~ day of June , 2000. ATTEST: (Principal) (Principal) Secretary By: BLAIR CONSTRUCTION, INC. P.O. BOX 770, EVANS TO LOCKS ROADS EVANS, GA 30809 (Address) (SEAL) (Witness) to Principal (Address) ATTEST: Surety (Surety) Secretary By Attorney-in-Fact (Witness) to Surety (Address) (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract. Partnership, all partners should execute bond. If Contractor is IMPORTANT: Surety companies Department's most current list transact business in the state executing bonds must appear (Circular 570 as amended) and where the project is located. on the Treasury be authorized to L_________ ---------~--~---------' ZEL EN GIN E E R S J-----r PFB-2 gg09-0 1 pm. doc I I I I I I I I I I I I I I I I I I I SECTION NTP NOTICE TO PROCEED Date TO: BLAIR CONSTRUCTION, INC. P.O. BOX 770 EVANS TO LOCKS ROADS EVANS, GA 30809 PROJECT: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE The Contract for the above work is being signed today by the City of Augusta, Georgia. Two signed copies will be mailed to you promptly. You are hereby notified that the commencement date of work in accordance with the Agreement dated June 20, 2000 is and you .are to complete the WORK within 120 consecutive calendar days thereafter. The date of completion of all WORK is therefore CITY OF AUGUSTA, GEORGIA By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the _____ day of 2000. By Ti tle I .=-:-:.:-.--::,:-=::~-:~-~~' -..:- :--::..---~~.-=-~ _-: -,~: ==-=====---=.~~,:-~~==-.==-~ =-=-::::-: =:-' ~:-=::=I ZEL I - ~_~_C;~~_,~_~ NTP-1 9909-01 NTP, Joe I I I I I I I I I I I I I I I I I I I SECTION CO CHANGE ORDER Order No. Date Agreement Date: June 20, 2000 PROJECT: 2000 WATER SYSTEM IMPROVEMENTS OLD WAYNESBORO ROAD WATER LINE OWNER: CITY OF AUGUSTA, GEORGIA CONTRACTOR: BLAIR CONSTRUCTION, INC. P.O. BOX 770 EVANS TO LOCKS ROAD EVANS, GA 30809 The following changes are hereby made to the CONTRACT DOCUMENTS: JUSTIFICATION: CHANGE TO CONTRACT PRICE: Original CONTRACT PRICE $ Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ New CONTRACT PRICE including this CHANGE ORDER $ CHANGE TO CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by calendar days. The date for completion of all work will be (Date) . Requested by Recommended by Ordered by Accepted by I -====-=--=----=.- : ::'.::::::::::::::::_ .:.- .--:. _.- m:_ ___',:.-.=J ZEL I~:~:~~:~~~~~:; 9909-01 co. doc CO-l I I I I I I I I I I I I I I ,I I I I II GENERAL CONDITIONS INDEX ARTICLE 1 - DEFINITIONS.......................................... 1-4 ARTICLE 2 - PRELIMINARY MATTER.. . . " . . . . . . . ... . . . . ... . . .. .. . .. . . . 4-6 ARTICLE 3 - CONTRACT DOCUMENTS, INTENT, AMENDING, REUSE.......... 6-7 ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; .... ..... 8-10 REFERENCE POINTS ARTICLE 5 - BONDS AND INSURANCE.. ... ... ... ....... ...... .......... 11-16 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.. ....... ..... .......... 16-24 ARTICLE 7 - OTHER WORK. . . . . .... . . . . . .. . . . . . . . . . . . . ... . . . .. . . . . . .. 25 ARTICLE 8 - OWNER'S RESPONSIBILITIES.............. ..... ....... ... 26 ARTICLE 9 - PROFESSIONAL'S STATUS DURING CONSTRUCTION............ 26-29 ARTICLE 10 - CHANGES IN THE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 11 - CHANGE OF CONTRACT PRICE.............. .... ........... 30-35 ARTICLE 12 - CHANGE OF CONTRACT TIME;....... ....... ....... ..... ... 35-36 ARTICLE 13 - WARRANTY & GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-39 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION... '" ....... ... 40-45 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.. ................. 45-48 ARTICLE 16 - DISPUTE RESOLUTION................................... 48 ARTICLE 17 - MISCELLANEOUS........................................ 48-49 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions cr 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 Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed.. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order--A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or, an adjustment in the Cont'ract 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 amenctments, 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. ZEL AUGUSTA UTlLmES GEN CON,doc 1 I I I I I I I I I I I I I I I I I I I COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Gecrgia, 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 inspecticn, 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. ordinances, codes and/or orders. rules, regulations, Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the ccnditions precedent ,enurneratedtherein, 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- Au~usta, 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 enginee,r services for the Work. ' ZEL AUGUSTA lJ11LmES GEN CON,doc 2 I I I I I I I I I I I I I I I I I I I 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, brcchures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially'comp1ete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attaclunents, 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, t~affic or other control systems or water. ZEL AUGUSTA UTILmES GEN CON,doc' 3 I I I I I I I I I I I I I I 'I I I I I Unit p~ice Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incor- porating 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 Amendrnent-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. ARTICLE 2-PRELIMINARY MATTERS De~i vezy 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 Dccuments for execution of the wcrk. 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. cozmziencement 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. za AUGUSTA UTILmES GEN CON. doc 4 I I I I I I I I I I I I I I I I I I I 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 prcceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract Dccuments, if CONTRACTOR knew cr 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: and 2'. 6.2. a preliminary schedule 0 f Shop Drawing and Sample submissions: 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 ccnstruction. Such prices will include an appropriate a'mount 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. Fina.~izing Schedul.es: 2.9. At least ten days before submission of the first Application for Payment a conference attend~d by 'CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will beheld 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 tc CONTRACTOR until ZEL AUGUSTA UTlLmES GEN CON,doc 5 I I I I I I I I I I I I I I I I I I I 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 PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling cr 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. ART:ICLE 3-CONTRACT DOCUMENTS; :INTENT , AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for-by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the state of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3..7, the provisions of the -Contract Documents shall ,take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated, by reference in the Contract Documents)and the provis~ons 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), Cl,arifications, and interpretations of the Contract Documents shall be issued by PROFESSIONAL as.provided in paragraph 9.4. j.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 ZEL AUGUSTA UTILITIES GEN CON.doc 6 I I I I I I I I I I I I I I I I I I I 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 befcre 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 reascnably have known thereof. Amending and SUpp~ementing 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 ahd 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 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, .in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). , 3.7.2. PROFESSIONAL's approval of a Shop Drawing or samPle (pursuant to paiagra~hs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4). Reuse of documents: 3'.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person,or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquir~ 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 cr' 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. ZEL AUGUSTA UTILmES GEN CON,doc 7 I I I I I I I I I I I I I I I I I I I ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availabili'ty 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 CON- TRACTOR. 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 CONT~CTOR 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 Conditicns, 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 safet'y precautions and programs incident thereto, or' 4.2.2.2. other data, interpretations, opinions and infcrmation 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 ~ncountered, excluding existin~ utilities,' at the,sitewhich are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Dccumentsor (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction' activities of the character provided 'for in. the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. ZEl AUGUSTA UTILmES GEN CON,doc 8 I I I I I I I I I I 'I I I I I I I I I 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditionp, 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 deter,mination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physica~ Conditions-underground Faci~itieB: 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 cr 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 protecticn 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 nct shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, prcmptly 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 det~rmine 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 tne extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract, Documents 'and which CONTRACTOR could not reasonably have, been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. ' ZEL AUGUSTA UTILITIES GEN CON,doc 9 I I I I I I I I I I I I I I I I I I I Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL I 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, Petro~eum, Hazardous Waste or Radioac;tive 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 v-Triting). 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 ccndition 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 nctice, 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 anYi in Contract Price, or Contract Times as a result of deleting such portion of the Work, 'then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or others in accordance wi th Article 8. ' , 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ZEl AUGUSTA UTILmES GEN CON,doc 10 I I I I I I I, I I I I I I I I I I I I ARTICLE 5-BONDS AND INSURANCE Perfor.mance 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 name~ 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 ~ssue 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 Xnsurance: 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 Subccntractor, 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: ZEl AUGUSTA UTIlmEs GEN CON. doc 11 I I I' I I I 1 I I I I I I I I I I I I 5.3.1. Claims under workers' or workmen I 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 writte'n for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. Thecomprehensi ve 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 and PROFESSIONAL and Program Manager 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. Contractua~ Liabi~i~ 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 Liabi~i ty 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. ZEL AUGUSTA UTILITIES GEN CON.doc 12 I I I I I I I I I I I I I I I I I I I Propert:y 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, Subcontra'ctors, PROFESSIONAL and PROFESSIONAL's consultants and Program Manager 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, attcrneys 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 cn 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 amcunts that are provided in the Supplementary Conditions. The risk of loss wi thin the deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such, 'lcss 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 comrnencementof the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. ZEL AUGUSTA UllLmES GEN CON. doc 13 I I I I I I I I I I I I I I I I I I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of' insurance held by OWNER as trustee or otherwise payable under a?y 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 pclicies shall ccntain 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 PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and App~ication of Proceeds: 5.12. Any insured loss under the policies of insu!ance 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 wi th the insurers unless one of the parties in interest shall obj ect 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 set- tlement 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. ZEL AUGUSTA UTILmES GEN CON,doc 14 I I I I I I I I I I I I I I I I I I I 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 cf 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 Dccuments, CONTRACTOR shall notify ,OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. ,OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by e-ach 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 insur- ance purchased by the other as complying with the Contract Documents. Partia~ Uti~ization-Property Insurance: 5.15. I f OWNER finds it necessary to occupy or use a portion or portions of the Work pricr to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or deat~, 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 CONTRAGTOR, 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 CONTRAC~OR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. ZEl AUGUSTA UTILmES GEN CON,doc 15 I I I I I I I I 1 I I I I I I I I I I 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. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of ot!1ers in the design or specification of a specific means, method, technique, sequence o~ procedure of construction which is shown cr 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 cf CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materia~s 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 ctherwise 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 ZEL AUGUSTA UTILmES GEN CON,doc 16 I 1 I I I I I I I I I I I I I I I I I assign to PROFESSIONAL, or any of PROFESSIONAL I 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 respcnsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedul.e: 6.6. CONTRACTOR shall submit to PROFESS IONAL for acceptance to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon cf 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. Substi tutes or "Or-Equa~" 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 indica~ed. The application will also contain an itemized estimate ~f all costs that will result directly or indirectly from acceptance of such substitute, including costs cf 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 ZEL AUGUSTA UTILmES GEN CON,doc 17 I I I I I I I I I I I ,I I I I I I I I provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish 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. Supp~iers 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 sub- mitted 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 failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due Investigation, in which case CONTRACTOR shall submit, an acceptable substitute, the Contract Price will be increased by the difference ,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 beqfully responsible to OWNER and PROFESSIONAL for all acts and omissicns of the Subcontractors, Suppliers and other persons and organizations performing or %urnishing any of the Work under a dire~t or indirect contract' with CONTRACTOR just as 'CONTRACTOR ,is respcnsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create .any contractual relationship. between OWNER or PROFESSIONAL and any such $ubcontractor, 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. ZEL AUGUSTA UTILITIES GEN CON,doc 18 I I I I' I I I 1 I I I I I I I I I I I 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditicns 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 Roya~ties: 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. Pezmits: 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 b,e 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 nctices 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. ZEL AUGUSTA UTILmES GEN cOl'I,doc 19 I I I I I I I I I I I I I I I' I I I I 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 cf 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 cwner or occupant because of the performance cf 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 ~o, 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 Do~uments: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents 'a~d all Drawings and Specifications. These documents shall be annotated on a continuing 9asis 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. ZEL AUGUSTA UTILITIES GEN CON,doc 20 I I I I I I I I I I I I I I I I I I I 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 joss 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 cr 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 adj acent 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 I s duties and responsibilities for the safety and prctection of the Work shall continue until such time as all the. Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRAC,TOR 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 cf its organization whose dUt'y 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. ZEL AUGUSTA lJTILmES GEN CON,doc 21 I I I I I I I I I I ,I I I I I I I I I Emergencies: 6.22. In emergencies affecting the safety or protection of persons cr the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change In the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall irrunediately 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 Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samp~es: 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 determinectand 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 cormnence'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 ZEl AUGUSTA UTILITIES GEN CON,doc 22 I I I I I I I I I I I I I I -I I I I I 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 quanti ties, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. 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 Dccuments 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 prcject 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 rel~eve 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'ofshop drawings and sample submlssions accepted by PROFESSIONAL as 'required, . any -'related work perfonned prior, to Profes'sioIial' 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 carryon the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements" except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. ZEL AUGUSTA UTILmES GEN CON,doc, 23 I I I I I I I I I I I I I I I I I I I Cleaning ~: 6.31. . CONTRACTOR shall maintain the site free frcm 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 withhclding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those pcrticns of the site not designated for alteration by the Contract Documents. Indemnifi ca t:ion: 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 theperformarice of the Work, provided that any such claim, damage, loss or expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, 'regardless of whether or not it is caused in part by a party indemnified hereunder or, arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consul tants, 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 anyway 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. ZEL AUGUSTA UTIUTIES GEN CON.doc 24 I I I I I I I ,I I I I I I I, I 1 I I I ARTICLE 7---0THER WORK Re~ated 'Hork at Site: 7.1. OWNER may perform other work related tc the Project at the site by OWNER's own forces, have other work performed by ailed OWNER's 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 non- appare~t defects and deficiencies in the other work. Coordina tiOD: 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 cont.ractors 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.: Vnle~s otherwise provided in the Supplementary Conditicns, neither OWNER nor PROFESSIONAL shall have, any authority or responsibility in respect of such ccordination. ZEL AUGUSTA lTTlLmES GEN CON.doc 25 I I I I I I I I I I I I I I I I I 'I I ARTICLE B---OWNER'S RESPONSIBILITIES 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. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5,5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9---PROFESS:IONAL' S STATUS DURING CONSTRUCTION OWner's Representative: 9.1. PROFESSIONAL will be OWNER I 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 fcrth in "the Contract Documents and shall not be extended without written consent' of OWNER and PROFESSIONAL. Visi ts t:o Si t:e: 9.2. PROFESSIONAL wi1lrnake visits to the site at intervals appropriate to the various, stages of constru"ction" to observe the 'premises and quality of the executed Work and to' determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required"to make exhaustive or continuous on-site inspections to check the quality or ZEL AUGUSTA UTILmES GEN CON,doc 26 I I I I I I I I I I I I I I I I I I I 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 Dccuments. 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 Inte.z:pretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will bc 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 Ccntr~ct 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 ther~for 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 Wcrk as provided in paragraph 13.9, whether or not t~e Work is~abricated, installed or completed. Shop Drawings,- Change Orders and Pa,yments: , , 9.7. 'In connection with PROFESSIONAL,' s responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. ZEL AUGUSTA UTILmEs GEN CON,doc 27 I I I I I I I I I I I I I I I I I I I 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. De t:e.z::mina. t:ions for Ul:1i t: Pri ces : 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 whiten decision thereon (by recommendaticn of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision. Decisions on Di~ut:es: 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 Artic"les 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 PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or~ONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws. or Regulations in respect of any such cla~m, dispute or,other matter. Limitations on PROFgSSION.AL'sResponsibi~ities: 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. ZEL AUGUSTA UTILmES GEN CON.doc 28 I I I I I I I I I I I I I I I I I I I 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any cther persons performing any of the Work. ARTJ:CLE lO--CHANGES :IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order addi ticns, 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 deleticn of Work, the Project Manager'may order the partial suspension of any Work re;tated to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profi ts on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additionql ,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. 10.4. 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 OWNER, regardless of pending claim actions, unless otherwise agreedto,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. ZEL AUGUSTA UTILmES GEN CON,doc 29 I I I I I I I I I I I I I I I I I I I 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 I 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 apprcximations 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 isctetermined 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. ZEL AUGUSTA UTILmES GEN CON,doc 30 I I I I I I I I I I I I I I' I I I I I 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 tc 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 t:he 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 follcwing items and shall nct 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 ~he advice, of PROFESSIONAL, which bids will. be 'ac~epted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost' of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. ZEL AUGUSTA UTlLmES GEN CON,doc 31 I 1 I I I I I I I I I I I 1 1 I I I I 11.4.4. Costs of special consultants (including but not lirrdted 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 prcportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, 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 remcval thereof---all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or . parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related. to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within ,the deductible amounts of property insurance established by OWNER. in accordance with paragraph 5.6). provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lcsses shall include settlements made with the written consent and 'approval of OWNER. No such losses, damages an~ 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 sirrdlar petty cash items in connection the Work. ZEL AUGUSTA UTILITIES GEN CON,doc 32 I 1 1 I, 1 I 1 1 I ,I I I I 1 I I I I I 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, accoun- tants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of' job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be ccnsidered 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 i,tem no"t specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. 011.6".2. a fee' based on, the following percentages of the various portions ori the Cost of the Work! 11.6.2.1. for costs' incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent: ZEL AUGUSTA UTILmES GEN CON,doc 33 I I I I I I I I I 1 I, I I I I I I I I 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus' a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit cf 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 perman-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash AJ.l.owances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: 11. 8.1. The allowances' include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; ,and 11.8.2. CONTRACTOR's costs. for' unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior' to final payment, an appropriate Change Order will be issued as recommended by' PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of' Work covered by allowances, and the Contract Price shall be correspondingly adjusted. ZEL AUGUSTA UTlLmES GEN CON.doc 34 I I I I I I I I I I I I I I 1 I I I I Unit Price Work: 11.9.1. Where the Contract Dccurnents 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 th~ 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 tc include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. .11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. 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 (lS) 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 .conflictswhich 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 pWNER 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 Cont~actDocurnents-. 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 thcse for which OWNER or PROFESSIONAL may be responsible in whole or in part, ZEL AUGUSTA lJTILmES GEN CON,doc 35 I I I I 1 I I I I I I I I I I I I I I shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages cr 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 prccedures set forth herein. ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified a~d 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 inspecticns, 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, cor~ected, 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 ~o specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely nctice 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 ipspections, 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 furni~h PROFES~IONAL 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 organizat,ions as may be required by Jawor the Contract Documents. ' Materials or Work in place 'that fail to pass acceptability tests shall be retested at the direction of PROFES~IONAL and at CONTRACTOR's expense. ZEL AUGUSTA UTlLmES GEN CON.doc 36 I I I I I I .1 I I I. I I, I I I I I I .1 13.5. All inspecticns, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by o.rganizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so speci fied) . 13.6. If any Work (including the work of others) that is to be inspected, tested o.r approved is covered witho.ut written concurrence of PROFESSIONAL, it' must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to. cover the same and PROFESSIONAL has not acted with reasonable prcmptness in response to. such netice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other' than CONTRACTOR shall relieve CONTRACTOR o.f 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 witheut the prior written appreval ef PROFESSIONAL, er if any Work is covered centrary to the request of PROFESSIONAL, the Wo.rk shall, if requested by PROFESSIONAL, be uncevered 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 ebserved by PROFESSIONAL er inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expese er otherwise make available fer ebservatien, inspectien er testing as PROFESSIONAL may require, that portion ef 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, o.bservatio.n, 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' 'amo.unt thereof, may make a claim therefor ,as provided in Article 11. If, however, such Work is not fo.und to. be de~ective, 'CONTRACTOR shall be allowed an increase in the Contract Price~ or an extensien of the Contract Time, or poth, di.l:ectlyattributable 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 S1;op the Work: 13.10. When Work is de.fective or' when CONTRACTOR fails to supply sufficient skilled werkmen or suitable materials er equipment, or make prompt payments to. Subcentracters for, labor, materials, or equipment, or if CONTRACTOR vielates .any pI;.evisio.ns. ef these Contract Documents, OWNER may order CONTRACTOR' to. step the Work until the cause for such order has been eliminated. However, this right of ,OWNER to 'stop the Work shall net give rise to any duty ,on the part ef OWNER to exercise this right fer the benefit of' CONTRACTOR or any other party. CONTRACTOR shall have no. right to. claim an ZEL AUGUSTA UTIUT1ES GEN CON,doc 37 I I I I I I I I I I I I I I I I I I I increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remcve it from the site and replace it with non defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work .within a reasonable time, all as specified in a written notice frcm 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 of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract. Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected-> by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such lnstructi'ons, 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,respectto 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 ma~e 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. ZEL AUGUSTA UTlLmES GEN CON,doc 38 I I I I I I I I I I I I I I I I I I I OWNER May Correct Defecti va 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 Wcrk in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take, possession of CONTRACTOR's tools, appliances, construction equipment'and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be, charged against CONTRACTOR in an amount approved as to reasonableness lJY 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, i,f 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 arid 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 cf 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. Negiected WorJc 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 ,correcti ve 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 co~pletion 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 redustion 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. ZEL AUGUSTA unLmEs GEN cON.doc 39 I I I I I I I I I I I I I I I I I I I ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Sched.ul.e of Va~ues: 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 applicaticn for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. A'pp~icat:ion 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 pa'yrnent 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 alsc' be accompanied by a bill of sale, invcice 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 ~s 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 Warrant:y of Tit:~e: 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 App~icat:iol1B for prog7:essPay.ment:: 14.4. 'PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payrnent,either indicate in writing a recommendaticn of payment and present the applic:ation to OWNER, or return the application to CONTRACTOR, indicating in writing PROFESSIONAL's reasons, for refusing to recorrimend payment., In the latt~r 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 amcunt for payment, pay CONTRACTOR amount recommended. 14..5. PROFESSIONAL I S recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL' son-site observations of the Work in progress as ,an experienced and'qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payinent and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROF- ESSIONAL's knowledge, information and belief, the quality' of the Work is in ZEL AUGUSTA UTlLmES GEN CON.doc 40 I 1 I I I I I I I I I I I I I I I I I 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 reccmmendation, and that CONTRACTOR is entitled to payment cf 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 tc be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of additional representation by PROFESSIONAL precedent to CONTRACTOR's being entitled to paragraph 14.13 have been fulfilled. final payment will constitute an to OWNER that the conditions final payment as set fcrth in 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. Change Order. the Contract Price has been reduced by Written Amendment or 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. cf 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) stati'ng the reasons for such action. Substantia~ COlZp~etion: ' '14,8. When CONTRACTOR considers the entire Work ready for its intende~ 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 Subs'tantial 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 ZEL AUGUSTA U1lLmES GEN CON,doc 41 I I I I I 1 I I I I 1 I- I I .1 I I I I 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 ccnsideration 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 firialpayment between OWNER and CONTRACTOR with respect to security, operation, safety, mainten~nce, heat, utilities, insurance and warranties. Unless' OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendaticn will be binding on OWNER and CONTRACTOR until final payment. ,14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose, without significant interference with CONTRACTOR's performance of the remainder' of ,the Work, may be accomplished prior to ,Substantial Completion ,of, all the Work subject to the following. 14.10.1. OWNER at any time may 'request CONTRACTOR in writing to per.mit OWNER to use any such part of the Work which OWNER believes to be ready fcr its intended use and sUbstantiall~complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue .a certi'ficate 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 Workready.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 pa'rt 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 ZEL AUGUSTA lITlLmES GEN CON.doc 42 I I I I I I I I I I 1 I I I I I I I ,I paragraphs 14.8 and 14.9 will apply with respect Substantial Completion of that part of the Work responsibility in respect thereof and access thereto. to and certification the division of of 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 cr corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and PROFESSIONAL that such part of the Wcrk 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 tc 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. Fina~ 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 ~uch deficiencies. Fina~ App~ication 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 Doc'uments 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 previous.:l.Y delivered) by: (i) all documentation called for in the .Contract Documents, including but not limited to the evidence of insurance required, (ii) consE!nt 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, ZEL AUGUSTA UllLmES GEN CON,doc 43 I I I I I I, I I 1 1 1 1 1 1 I I I I -I 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. Fina~ Payment: and Accept:ance: 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 'fcr -Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that' the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for. Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to' OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall m?lke 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 ZEl AUGUSTA LmlmES GEN CON,doc 44 I I I 1 I I 1 I I I 1 I. I' I 1 I I I 1 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. CONT.RACTOR's Continuing Qbl~gation: 14.15. CONTRACTOR I s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, ncr 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 cf CONTRACTOR I sobligation to perform the Work in .accordance with the Contract Documents (except as provided in paragraph 14.16) . Waiver or 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 Documentsiand 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previcusly made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMXNATJ:ON OWner May SUspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion-thereof for a periodo! not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. ZEL AUGUSTA UTILmES GEN CON,doc 45 I I I I I I I I' I I I I I I I I I I I Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.' 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United states Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy cr 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 prcvisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven' days' written notice and to the extent 'perI'(litted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the S1. te 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'sto~ed 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 o'f 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. za AUGUSTA UTlLmES GEN CON,doc 46 I I I I I I I I I 1 I I I, I I I I I I Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience prcvision will be the means for dispcsition of the balance cf the contract obligations. 1'er.mination 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 revenue or termination. shall not be paid on account of loss of anticipated profits or other economic loss arising out of or resulting from such 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CON1'RAC1'OR May stop Work or Tez::zrdna te: 15.6. If through no act or fault of CONTRACTOR, theWorj{ is suspended for a period of more than ninety calendar. days by OWNER or under, an order of court or other public authority, cr PROFESSION~ 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 O~R or PROFESSIONAL did not remedy such suspension or failure within that time,-terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to.any other right or remedy,if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty-one 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 ZEL AUGUSTA UTILmES GEN CON,doc 47 I I I I I I I I I I 1 I I I I I I I I 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 cn the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fa~t 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 tc claims shall be filed in quadruplicate. Suchnotice 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 there'of. 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. ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it.will be deemed to have been validly given if delivered in person to' the 'individual or to a member 'of, the firm or to an officer of the corporation 'for whom it is intended, or if delivered at or sent by registered or ,certified mail, postage prepaid, to the last business address known to the giver of the notice~ ' Ccmputation of Time: 17.2.1. When any period of time is referred, to in the Contract Documents by days, it will be .computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. ZEL AUGUSTA UTlLmES GEN CON,doc 48 I I I I I I I I I I I I I I I I I I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. Gellera~: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or prcperty because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim,should be made in writing to the other party within a reasonable time of the, first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and ob.ligations 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 obligaticns imposed upon CONTRACTOR by pa~agraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies availabie 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 Docwnents i'n 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 suppcrting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimwn of five,. (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to au(jit, inspect, and copy all such records and, documentation as often as OWNER deems necessary during the period, of the Contract and for a period of'five (5) years thereafter provided, however, such' activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns . the aforesaid records and supporting documentation. 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 t,hat no, interest, shall be due Contract~r on any sum held as retainage 'pu'rsuant to the ,Contract Documents and CONTRACTOR specifically waives any claim to same. ZEL AUGUSTA UTlUTlES GEN CON,doc 49 I I I I I 1 :1 1 I I, I 1 1 I I I I I I SC - 1 SC - 2 SC - 3 SC - 4 SC - 5 SC - 6 SC - .7 SC - 8 SC - 9 SC - 10 SC - 11 SC - 12 SC - 13 SC - 14 SC- 15 SC - 16 SC - 17 SC - 18 SC '- 19 SC - 20 9909-01 SC.doc SPECIAL CONDITIONS INDEX CONTRACT DOCUMENTS AND DRAWINGS CONTRACTOR'S FIELD OFFICE TEMPORARY SANITARY FACILITIES BOUNDARIES OF WORK EXISTING STRUCTURES AND UTILITIES TRAFFIC SAFETY UTILITIES ESTIMATE OF QUANTITIES SURVEYS DIMENSIONS EROSION AND SEDIMENT CONTROL SAFETY AND HEALTH REGULATIONS SITE CONTAMINATION AND CHEMICALS STORAGE OF MATERIAL MANUFACTURER'S DIRECTIONS CLEANING UP ~RIOR USE BY OWNER RESTORATION OF PROPERTY SUBSURFACE INVESTIGATION , MAINTENANCE OF ACCESS SC-1 SECTION SC SUPPLEMENTARY CONDITIONS '2EL, ENGINEERS I I I I ,I 1 I I I I' I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Special Conditions, Technical Specifications; Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship,' and include General Conditions, Supplemental General Conditions, Special Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. Drawinqs: The Engineer will furnish to the Contractor, free of charge, all copies of' the drawings and specifications reasonably 'necessary for the execution of the work. Location of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated March, 2000 comprise the plans for this contract. DRAWING NO. TITLE , COVER .1. LOCATION MAP, LEGEND & DRAWING LIST OLDWAYNESBORO ROAD WATER LINE STA 2+42 TO STA 50+00 OLD WAYNESBORO ROAD WATER LINE STA 50+00 TO STA ~3+00 . , OLD WAYNESBORO ROAD WATER LINE STA 93+00 ~O STA 135+35 BROWN ,ROAD WATER LINE STA 1+00 TO STA 31+00 WATER LINE DETAILS EROSION & SEDIMENT CONTROL DETAILS FOR UTILITY LINE CONSTRUCTION 2. 3. 4. 5. 6. SC - 2 CONTRACTOR'S FIELD OFFICE: The Contractor shall maintain a field office on the site of the work which contains a telephone, the contract doc'uments, and the contractor's records. SC - 3 TEMPORARY SANITARY FACILITIES: .. Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval Df the Enginee~. Facilities .shall be maintained in a sanitary condition by the Contractor and in compliance with the iequirementsof authorities having jurisdiction. All ,temporary facilities shall be, removed by'the Contractor ahd the area returned to its 'original condition prior to acceptance of the' completed project. SC - 4 BOUNDARIES OF WORK: The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or 'ZEL, ENGINEERS 9909-01- 'SC.doc SC-2 I I I I I I I I, I I I 1 I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS construction easements without written consent property. of the Owner of such SC .:. 5 EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and constructicn prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basIs for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing wcrk. Flags must be maintained and based upon actual field determinations. The OWner's project inspector must be noti'fied before any work begins in vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utili ties. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. SC - 6 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused, by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be ke~t open ~nd clear at all times and 'no excavated material or equipment will be. placed on pavement during ccnstruction. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available from hydrants. The Contractor shall make provisions for telephone service with the phone company. Electric power for construction operations shall be provided by the Contractor by arrangemen~ with, Jefferson Electric Company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations' as necessary. SC - 8 ESTIMATE OF QUANTITIES: Estimated 'quantities of work tO,be done and materials to be furnished under this Contract if shown in any of the documents including the BID, are given only to indicate approximately the scope of the Ccntract; variation of the quantities reasonably necessary ,to ,co~p'lete , the work contemplated by this Contract shall, in no way, vitiate this, Contract, n'or shall any such variation give cause for claims or liability for damages. SC - 9 SURVEYS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. 9909-01 SC. doc SC-3 'ZEL, ENGINEERS I I I SECTION SC SUPPLEMENTARY CONDITIONS SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility th~refor. I SC- 11 EROSION AND SEDIMENT CONTROL: I I I I I I ',I I 1 I I I, I' I I The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal ()r better than the 'original condition. Grassing of disturbed areas shall be the. minimum acceptable restoration . Silt control devices such as straw bale fences and/or .silt fence weight filter fabric shall be installed to limit migration of silt to the water 'courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the. Manual for Erosion and Sedimentation Control in Gecrgia~ pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall procure a' Land Disturbing Petmit from: Augusta- Richmond Planning Commi'ssion, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting, process, the Contractor shall provide his constru6tion scheduie o~ land~disturbing work and shall include a plan of the temporary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment, Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problems and who shall have full (24 hr) access to the personnel, equipment, materials, means 'and measures to ensure correction' of , routine and or special deficiencies~ Permanent erosion control measures for,this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. Sediment and erosion control materials shall be as specified in Section TI, Site Work and Section T7, Grassing.. An erOSl.on' control and sedlmentcontainment (E&S) allowance limit is included as a supplementary bid price. Where installed quantities of acceptable E&S measures result in an overrun,of the E&S allowance limit an upward adjustment-of the contract will be made on the basis'of the total amount' resulting from installed quantities and unit prices of E&S bid items. Because this contract considers the E&S 'work to be a subsidiary obligation of the base bid items, no downward adjustment of the base bid will be made where 'more efficient E&S means result in adequate control of erosion control and containment of silt. 9909-01 SC.doc SC-4 'ZEL, ENGINEERS I I II I I I I I I 1 I II ,I SECTION SC SUPPLEMENTARY CONDITIONS SC - 12 SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations ,for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec~ 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or the State' of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the QWNER on account of contamination of the, site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use cf all such 'chemicals and dispcsal of residues shall be in, strict ccnformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. SC - 15 MANUFACTURER'S DIRECTIONS: Manufactured articles, materials and equipment shall be applied, installed, cpnnected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. SC ~ 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material' and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the 'premises' all rubbish, surplus materials, implements, tools~ etc," and leave his wd~k ina cleancondition,.,~~tisfactory to the Engineer. On a daily basis, the work area 'shall. be cleaned. sufficiently to produce a neat appearance. ' II SC - 17 PRIOR USE BY OWNER: I II II I I Prior to completion of the work, the Owner (by agreement with the Contractor) may take, over the operation and/or use of portions ,of the project. Such use offacili ties by the Owner shall not be deemed as 9909-01 SC.doc SC-5 'ZEL, ENGINEERS I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS acceptance of any work or relieve the Contractor from any' of the requirements of the Contract Documents. SC - 18 RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, scdding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner cr until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately. upon substantial completion of the proposed work in the various areas of the construction site. SC -,19 SUB-SURFACE INVESTIGATION: II A soils investigation is not 'available for this site. I I I I I I I I I II 'I SC - 20 MAINTENANCE OF ACCESS The Contractor will be required to maintain vehicular and pedestrian access to all businesses and institutions. during the time they are open and to all residential 'and other occupied buildings and facilities at ,all times. Whenever direct entrance is blocked from one direction, suitable access shall be provided' from another location. Bridges with handrail protection will be required for.crosswalks at street intersections. It is recognized that it 'will be necessary to remove bridges and block cross traffic while equipment is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. 'ZEL, ENGINEERS 9909-01 SC.doc ~C-6 I I I I D I B I I, I I I I 'I I I I I ,I SECTION Tl SITE WORK SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, ,and in performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Ccntract. GENERAL: Operations shall be conducted ina manner which will provide for the safety of employees and others., Existing utility lines, walks, steps, paving, structures, or trees to: remain shall be safeguarded ?-nd protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shal+ ascertain that the permits have otherwise been obtained. See Special Conditions, Paragraph SC-I0 for field layout,' staking,' and grade setting requirements. Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for' removal together with, the down timber, snags, brush and rubbish occurring within the project limits. Trees and 'other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface. Trees and stumps in areas to be covered by embankments 3 feet or more in" height shall, be cut off to 8 inches or less above the original ground 'surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor' may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live branches to such heights and ,in such manner as directed by the Engineer~ All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree' or to main branches, and the cuts more than 1-1/2 inches in diameter thus made shall be painted with an approved tree wound paint. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inch~s in diameter to the depth specified, and matted roots from the areas to be grubbed. In>foundations areas, stumps, roots, logs or other timb~r 3 inches and' over in diam~ter, matted roots, and other debris not suitable'for foundation purposes, ,shall be excavated and removed to a depth not l~ss than 18 inches below any s~bgrade, shoulder or slope; and to a depth of 12 inches below finish grade in areas to be grassed. All 'depressions excavated below the original ground surface for or by the removal of stumps a?d roots, shall be refilled with suitable material and 9909-01 TOI.doc Tl-l 'ZEL, ENGINEERS I I I I I I I I I I' I I I I I I I I I SECTION Tl SITE WORK compacted to make the surface conform to the surrcunding ground surface. Grubbing will nct be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the conitruction sites, or from the rights-of-way, shall remain the property of the landowner. The Contractcr shall trim and cut such timber and stack it neatly within the easement or right-of-way, as directed by the Engineer. Burning or Removal From Site: All Timber, except such timber which the Engineer considers merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing ~perations shall be burned, except that when permitted in writing by the Engi~eer, logs and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will state the c:onditions covering the disposal of such logs and stumps without burning, 'iricluding the areas in which they may be placed. Timber and other re'fuse to be disposed of by burning shall be burned at locations specified by the,Engineer, in a manner that will avoid all hazards, such as damage, to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible fcr compliance with all Federal and State Laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until the fires have burned out or have been extinguished; MATERIALS: , Borrow Material, shall be selected to meet the requirements and conditions of the particular installatio,n for which it is to be used. The material shall consist of sand soils ~r sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be cpened, excavated,' graded 'and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with sand. Topsoil shall contain not more than 25 percent of clay' and shall be free of stones larger than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter. Topsoil ~hallbe ap~roved by the Engineer. before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, ~hether for structures, piping, site grading, or paving, and if it cannot immediately. be. placed in its final location, it shall be stored for later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be 'performed when the soil is so we.t that the tilth of the soil will be destrcyed. Embankment: This item consists of placing in fills and embankments for roadways, and other site grading work, the materials removed from the 'ZEL, ENGINEERS 9909-01 ,TOl.doc Tl-2 I I I I I I I I I I I I I I I I I I' I SECTION T1 SITE WORK various excavations accordance with the dimensions. and borrow appropriate pits, lines, all as specified herein and in grades, sections, contours and Crushed stone surfacing material shall consist of a compacted subgrade, , a 4" sand-clay base, and a 2-1/2" crushed stone surface course~ The surface course shall consist of dense graded crushed stone with 65 percent passing a No. 4 U. S. Standard Sieve. CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be, maintained in such manner as to drain effectively at all times~ Grading shall be done so that the surface of the ground will be. properly sloped to prevent water from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed promptly. Excavated materials ,shall not be stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the excavation. Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrade's, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, rnixing~ shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no additional expense to the Owner. Site Grading: Site grading shall consist of excavating and .placing all necessary materials outside the limits of the various structures. Site grading shall be completed when all surfaces are aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all excavation, filling and compacting required for construction of all ditches, roads, and all oth~r areas disturbed by construction except as otherwise specified. .Site grading also, shall include excavation and backfill for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, irregular surface changes., The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than 0.10 fact above or below the established grade. There shall be no roots, wasted building . materials"trash or other unsightly matter projecting through or visible.at the surface. A~ter all embankments and fills have been completed to grade, and after all structures and pipe lines. requiring the use of heavy equipment have, been completed, excavation necessary ~or the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient. width. for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and recompacted around structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the tampers. 9909-01 TOl.doc T1..,,3 ':EEL, ENGINEERS I I I I I I I I I, I I I I 'I I I I I I SECTION T1 SITE WORK Topsoil shall be evenly spread cver the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for'the bonding of topsoil with the subsoil. Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker weighing 100 to 160#/ft. of roller) and ;graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site grading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation shall be, backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand ~aking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or belcw the appropriate elevations. Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be pla~ed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95, percent ,of the density measured by Standard Proctor 'ASTM D698. Tamping'shall be accomplished by sheepsfoot,rollers or mechanical hand tampers. Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. CRUSHED STONE SURFACING FOR UNPAVED DRIVEWAY REPLACEMENT: The subgrade shall be scarified 6" deep and D698. Over the compacted subgrade compact base 'compacted to 100% of ASTM D698 density. stone surfa~e course shall be installed over then recompacted to 100% ASTM a 4" thick Class A sand clay The 2-1/2" compacted crushed the base. INSPECTION AND TESTS: The Engineer, at his discretion, may, order tests and inspections to be performed during ,the progress of the work,cr at the completion of' any individual unit of the work, or at' the time of final inspection ,of the entire project.,' Random spot checks of elevation and slopes 'shall be conducted by ordinary differential level and profile methods. Random spot checks of topsoil thickness shall be conducted by cutting through the surface ,with a spade or mattock, 'and measuring the thickness of topsoil exposed. 'Density of embankment, fill~ backfill or subgrade may be measured according to the procedures of ASTM D698. 'ZEL, ENGINEERS 9909-01 TO 1. doc Tl-4 I I I I I I I I I I I I I I I I .1 I I SECTION Tl SITE WORK GRASSING: Areas of road shoulders and operations shall be grassed in specifications. .Areas. to be shall utilize topsoil, lime, mulch sufficient to produce erosion. other property disturbed by construction accordance with the GRASSING section of the grassed shall be planted, maintained, and fertilizer, proper and approved grass and a cover sui table to eliminate significant MAINTENANCE: Inspection of site work as it is completed, shall not constitute final . acceptance of the item. The Co.ntractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. PAYMENT: Payment for clearing, grubbing, site grading, sediment containment, and erosion control shall be included in the unit price for water lines, lump sum price and other unit price or lump sum prices as appropriate. Payment for borrow material shall include all costs of the material, hauling, placement, and compaction, complete, in place; payment shall be based on. quantities of materials in place determined by differential measurements made in the presence of the Engineer's Representative, . before and after placement. Payment for crushed stone surfacing of driveways will be paid for on the basis of the applicable unit price per square yard as set forth in the Bid and.shall inc'lude all work associated with grading, compacting and placing of the crushed stone and base. The. quantity for payment shall be based on measurements in place as determined in the presence of the Engineer's Representative. No other separate payment will be made for the work covered by this section .of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or. unit price in the Bid. 9909-01 T01.doc Tl-5 'ZEL, ENGINEERS I I .1 I I I I I I I I I I I I I I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING SCOPE: The work tovered by this section.of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. CLASSIFICATION OF EXCAVATION: All excavation shall be Unclassified. EXCAVATION: General: The excavation shall conform to dimensions and elevations appropriate for the pipe line or structure. Excavation shall not be carried below the elevation necessary for construction. Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, .except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. Trench Excavation: .' Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trench above the pipe may be as wide as necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA. The bottoms' of trenches for water iines shall be rounded so that the lower 90. degree quad~antofthe pipe is in direct contact throughout iti entire length wi th undisturbed earth or with sui table compacted fill material. Bell holes and exc~vation for joints shall be dug by hand after the trench bottom has been shaped. These holes shall be so 'spaced and sized as to permit first class workmanship on the joint and to insure, that the maximum length of pipe possible will rest on the prepared bot'tom of the trench. Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance' of 6 inches or one-eighth the outside diameter of the. pipe, whichever is. greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of satisf?lctorily supporting the pip.~, such unsuitable soil shall 'be removed to the depth required as determined at ,the site. The trench 'bottom shall then be refilled with selected refill.material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall be thoroughly tamped. The refill shall be brought to the proper elevation for the pipe. 'ZEL, ENGINEERS 9909-01 T02.doc T2-l I I I I I .1 I I u I '1 I I I I I B I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING Dewatering and Drainage of Excavated Areas: C;;rading in. the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping. orwellpointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. All dewatering methods shall be subject to the approval of the Engineer as to capacity and effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to. a' sui table point of discharge where it will neither cause injury to public health, public or private property, the surface or use of streets by the public or work completed or in progress. Protection Against -Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water _ table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely' empty pipe which is entirely submerged. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or ,replaced by the Contractor without cost to the Owner. The Contractor shall ad~quately protect the work under construction and the. safety of his workmen in excavations by the use of suitable sheeting; shoring and bracing, or by sloping the banks in accordance with the angle of repose of the soil. The Contractor alone is responsible for any damage or injury resulting from his failure ei~her to provide adequate protection from the excavation or to comply with OSHA requirements. Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated material shall be .deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or required for backfill or filling shall be 'wasted within the limits of the site as ~irected by the Engineer. '. Blasting: Where blasting is neces~ary, it shall be done in accordance with local ordinances by skilled operat?rs and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. FILL: Earth 'fill shall be placed in layers not to exceed 8 inches' in thickness. Each layer. shall be compacted at optimum moisture content in a 'manner approved by the Engineer. After compactiori~ t.he dry weight per cubic .foot for each layer shall be at ieast 95% .of the maximum Laboratory'Dry Weight per cubic foot, as determined by the ASTM D 698. 9909-01 T02.doc T2-2 'ZEL, ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING BACKFI LLING: The Engineer shall be notified before backfilling in order that the work may be inspected before' it is covered. After completion of the foundation footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have an optimum moisture content when compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698. FILL AND BACKFILL MATERIAL: Material for fill and backfilling shall consist of the ,excavated material, if suitable, or borrow approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. BORROW MATERIAL FOR TRENCH BACKFILL: Borrow material for trench backfill shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash, and any other deleterious material. SELECTED REFILL MATERIAL: When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 6 inches; Such material shall be crushed stone or gravel of suitable gradation free from sod, stitks, roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use. CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT: The Contractor 'shall repla'ce or repair concrete slab pavement which has been removed or damaged in his trenching operation with equal quality and not less than 6" of 4,000 p.s.1. concrete ov~r compacted. fill. The existing concrete 'pavement shall be neatly cut vertically and on a uniform horizontal alignment. The concrete shall be, cast solid against the existing slab joint. PAVEMENT REMOVAL AND REPLACEMENT: The Contractor shall replace or repair. all pavement which has been removed or damaged in his trenching operation with pavement of equal quality but not less than 8" of 4 ,000 p. s. 1. toncrete, plus. 2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at least one foot outside of excavation limits or damaged portions. The existing pavement shall be neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as directed by the Engineer. Pavement subgrade 'ZEL, ENGINEERS 9909-01 T02.doc T2-3 I I I I I I I I I I I I I I I I I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING arid pavement under the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. EROSION AND SEDIMENT CONTROL: Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed against a stable, post supported wire backing to intercept all runoff from the construction site. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the woven or nonwoven type. Either type of fabric shall be free of any treatment or' coating which might significantly alter its physical properties after installation.. The fabric shall contain stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a' pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pulling away from the fabric. During all periods ,of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The, fabric shall not be exposed to temperatures 'greater than 140 degrees F. .The fab~ic shall meet the following physical requirements: Tensile Strength (Lbs. Min.) (ASTM D-4632) Warp - 120 Fill - 100 Elongation (% Max.) (ASTM D-4632) 40 AOS (Apparent Opening Size) (Max. Sieve Size) (ASTMD-4751) 30 Flow Rate (Gal/Min/Sq.Ft.) . (GDT-87) 25 Ultraviolet Stability (2) (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) 80 Bursting Strength (PSI Min.) (ASTM D~3786 Diaphragm Bursting Strength Tester) 175 'ZEL, ENGINEERS 9909-01 T02.doc T2-4 I I' I I I I I I I I .1 I I I I I '1 I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING Minimum Fabric Width (Inches) 24 Filter Fabric Backing shall be woven wire and attached to the posts by wire, cord, stapl'es, nails, or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is ~nstalled in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier. The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4x4 Wl.4xWl.4 .or equal. Posts shall be a minimum of 4 feet long and either wood or' equivalent steel posts may be used. Soft wood posts shall be at least 3 inches in diameter or no:ninal 2 "x4" and straight enough to provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet. Wire Staples/Fasteners shall be' #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 ~er post. Straw Bale additional installed. anchored to Di tch Checks: To control erosion in waterways and to provide restriction of silt migration, temporary' ditch checks shall be Standard rectangular mechanically_ produced straw bales shall be 2x4x4'-O" posts set 2.5' below grade. Removal of Temporary Soil Erosion and Sediment Control. Measures: After permanent erosion control features. of the work site are complete and ample grass is established, the temporary fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: The Contractor. shall carefully., restore all private property defaced by operations' or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of. lawns, hedges or. ornamental plantings, and the repair or replacement of other private facilities in such manner as to meet the approval of the Engineer and at.no additional cost to the Owner. No structures, or trees shall be removed without the consent of the property owner .or until condemnation procedure, if necessary, has been completed. PAYMENT: Except as specifically stated in the items which follow, no separate payment shall' be made for common excavation' for' structures and. pipeline trenches; backfill; pipe beddiQg; protect~on of utilities;maintenahce of usable driving surfaces free from potholes; depressions and ruts, erosion control and sediment containment ..measures; and other work covered by this section of the specifications. Such work shall be considered as a subsidiary obligation of 9909-01 T02.doc T2-5 'ZEL, ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Selected Refill Material: Refill material, installed at the direction of the Engineer, to replace unsuitable material below the pipe or to refill the authorized overdepth excavation of rock in trenches for water lines will be paid for on the basis of the applicable unit price in the Bid. No payment will be made for crushed stone or sand used by the Contractor in the trench bottom in lieu of dewatering by use of well points. Borrow Material for Trench Backfill: Borrow material used to backfill the trench above the pipe, where suitable material is not available from the excavation, will be paid for on the basis of the applicable unit price in the Bid. The quantity of borrow will be based on the computed volume in the trench within the maximum permissible trench width for distanc~s as authorized by the Engineer. Concrete Driveway replaced over trench excavations will be paid for on the basis of the applicable unit price per square yard as set forth in the Bid. The maximum permissible width to be used in 'computing the quantity of concrete paving allowed for payment will be 3'-4" plus the pipe O.D. Pavement replaced over trench excavations will be paid for on the basis of the applicable. uni t price per square yard as set forth in the Bid. The maximum permissible width to be used in computing the quantity of pavement allowed for payment will be 3'-4" plus the pipe O.D. Gravel driveways replaced 6v~r trerich excavation will be paid for on the ba~is of the applicable unit price per square yard as set forth in the Bid. The maximum permissible width. to be used in computing the quantity allowed for payment will be 4'-8" plus the pipe O.D. Resurfacing: For roadway sections which must 'be resurfaced, payment will be made per square yard for the resurfacing applied over the pavement replacement over trench excavations as well as the adjoining area within the resurfacing limi ts. 'ZEL, ENGINEERS 9909-01 T02. doc T2-6 I I I I I I I I I :1 I I I .1 I I I I I SECTION T3 CONCRETE SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms-and conditions of the Contract. APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: ' American Society for Testing Materials Designation: C 33 C 150 A 615 C 94 C 31 Concrete Aggregates Portland Cement Reinforcing Steel Ready-Mix Concrete Method of Making 'and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI 318. ACI 315 Building Code Requirement for Reinforced Concrete Manual of Standard Practice for Detailing Reinforced Concrete Structures CONCRETE: Materials: Cement: Portland Cement shall be TYPie I or Type III conforming to ASTM C 150< Only one brand of cement shall be used for exposed concrete in any individual structure. Fine Aggregate shall consist of combination thereof, conforming ,to Aggregate. .natural sand, the requirement manufactured sand or a of ASTM C 33, Concrete Coarse Aggregate shall consist ,of blast-furnace slag, or a combination ASTM C 33, Concrete Aggregates. crushed stone, gravel, or air cooled thereof, conforming to the'requirement of Water shall be clean and free from oils~ acids, 'salts, or other injurious substances. Admixtures shall be,used to provide'entrained air. Other admixtures shall be .used only with written approval of the'Engineer. ,Air entraining admixtures shall. conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. Curing Materials shall be approved by the Engineer before use. 9909-01 T03. doc T3-1 'ZEL., ENGINEERS I I I I I I I 'I I I I' I I I I I I I I SECTION T3 CONCRETE Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as otherwise noted on the drawings. Shop drawings are required. Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as to be protected from rusting, oil, grease, and distortion. Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per square inch and a,'slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a power operated batch mixer. The contents of the mixer shall be completely discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will not be permitted. Concrete for pipe encasement, blocking, and collars shall have a minimum strength of 3,000 psi. Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars" encasement, blocking, floors . and other members shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions. Wood forms'. shall be made from lumber of No. 2 Common Grade or better. . They shall be properly braced and tied so as. to maintain their position and shape, and shall be sufficiently tight to prevent' leakage of grout. Finish: Floor shall be view shall be troweled. honeycomb; fins shall be carefully pointed. Wall wood float finished except .those normally exposed Walls shall be smooth, free from holes, pockets cu~ pff; depressions, holes, and rough spots shall surfaces normally exposed to view shall be rubbed. to or be Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength. PAYMENT: Except as specifically stated ,in the following items, no separate payment will be made for wqrk covered by this section of the specifications and all costs in connection therewith shall be incl'udedin the applicable lump sum or unit price items in the Bid. Concrete for Encasement, Collars, and Reaction Blocking: Payment for concrete encasement, (excluding creek crossings), collars, and reaction blocking will be paid for on the computed volume of concrete actually placed in accordance with the applicable sections of th~ specific~tions. Curb and Gutter: Payment will be made at the applicable contract unit price for the satisfactory construction of curb and gutter along the parking lots and roadway. The payment item shall include all materials, labor, equipment and all other items necessary for the installation. Measurement will be made along the top of the curb and gutter. Asphalt ,Curbing: The curb shall be made of plant mix type E and sheill match existing. Payment will be made at the applicable contract unit price for the 9909-01 TOJ.doc T3-2 'ZEL, ENGINEERS D a a I I I I D I I I I I I I I I I I SECTION T3 CONCRETE satisfactory construction of curb along parking lots and roadway. The payment item shall include all materials, labor, equipment and all other items necessary for the installation. Measurement will be made along the top of the curb. 9909-01 T03. doc T3-3 'ZEL, ENGINEERS I I I I D I I I I I I I I I I I I I I SECTION T4 WATER LINES SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installatibn and testing of the .water line and appurtenances, complete, in strict accordance with this section of the specifications and the applicable plans, and subject to the terms and conditions of the Contract. GENERAL: All piping and accessories furnished by the Contractor for incorporation in the work shall be new, unused, and of the type specified herein, and listed in the Bid. All material and construction must be in accordance with the AWWA Standards and any PVC material or plastic service line used must bear the National Sanitation Foundation (NSF) seal of approval for potable water use. All pipe, solder and flux used during installation of the water lines must be "lead-free" with not more than 8% lead in pipes and fittings, and not more than 0.21 lead in solder and flux. In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe which has its alignment, grade; or joints disturbed after laying shall be taken up and relaid. The interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and shall be kept clean during laying operations by means of plugs or other approved methods. The pipe shall not. be laid in water or when trench or weather conditions are unsuitable for work, and water shall be kept out of trenches' until the pipe joints have been completed. When work is not in progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or other foreign substance cannot enter the line. EXCAVATION, TRENCHING AND BACKFILLING: Excavation, trenching and backfilling shall be in accordance with the requirements of Section T-2. Excavation required for construction of the water lines shall be either common excavation or- rock excavation.' SERVICE PIPING SCHEDULE: Unless otherwise indicated, pipe and fittings shall, be, constructed of the materials shown in the follo\,!ing schedule for the service indicated. Cast iron ,pipe or ductile iron pipe and fittings shall be used for all piping except as maybe otherwise indicated in the .following schedule: . Service Pipe Material Fittinq Material Water Line Piping D.I.P. (Thickne~s Class 53) Underground (Pressure Clas$ 250, 350) FIg. above ground; push-on, .or M. J. below ground. 1-1/4" and Smaller Type K or L Copper 'ZEL, ENGINEERS 9909-01 T04.doc T4-1 I I I I I I I I D I I I I I I I I I I SECTION T4 WATER LINES DUCTILE IRON PIPE: General: Before work is begun. the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal and vertical curves, restrained joints, and all other specials and special joints. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner, and/or by a testing laboratory of the Owner's selection. 'Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Mechanical joint fittings may be standard conforming to AWWA ClIO or compact ductile iron conforming to AWWA C153. Underground: Underground pipe shall be ductile iron, Pressure Class 350, in accordance with ANSI Specification A2l'.50. and A2l.5l, using 60/42/10 grade of iron. Fittings shall be ductile iron, mechanical joint, 250 P.S.I. rating, in accordance with ANSI A21.10. Pipe and fittin~s shall be coated on the outside with a bituminous coating, and lined with cement lining in accordance with ANSI A21. 4. Joints and Jointing Materials: Joints in underground du<;:tile iron pipe shall b~ mechanical j oint or push-on'joint, with restrained mechanical joints where indicated. All joints and jointing materials shall conform to the requirements of ANSI A21.1l. Mechanical Joints shall conform to ANSI A.2l.10 and A2.i.11, and shall have gaskets smooth and free from any porosity or imperfections; gaskets shall be made of vulcanized natural or' vulcanized synthetic rubber. Bolts for mechanical joints shall be standard, high-strength, heat-treated .cast iron tee- head bolts with hexagon nuts meeting the requirements of ANSI A21.ll. Push-on Joints shall have gaskets made of vulcanized natural or synthetic rubber compound. conforming to ANSIA21.1l and smooth and free from all imperfections and porosity., Lubrica~t for push-on joints shall be non-toxic, shall not support bacteria growth and shall'have no deteriorating effect on the gasket material. Restrained Joints: Concrete blbc:king for restraint may' be used where it clearly will not interfere with other piping or structures and where firm support is available by concrete bearing against the trench wall; otherwise, piping shall utilize restrained joints. Restrained Joints shall be American CIP "Fast Grip", U.S. Pipe "Field Lok" or comparable product which utilizes a positive restraining gasket. Inst-a;t.lation techniques shall comply with the joint manufacturer's recommendations. ,See also "Assembly Instructions" on page T4-3 and "Reaction Support" on page T4-4. 'ZEL, ENGINEERS 9909-01 T04. doc T4-2 I D I D I I I I I I I I. '1 I I I I I I SECTION T4 WATER LINES Installation: Handlinq: Pipe and accessaries shall be handled in such a manner as to insure delivery an the site and installatian in the trench in a sound, undamaged conditian. Particular care shauld be taken nat to. injure the caating. Cuttinq af pipe shall be dane in a neat and warkmanlike manner withaut damage to. the pipe or its coating. Cutting shall be dane by means af an appraved type of mechanical cutter. After cutting, all burrs and other raughness shall be remaved and the exteriar of the spigot end suitably' beveled to. facilitate assembly.' If cutting is nat passible, shart lengths af pipe shall be furnished as necessary. Placinq and Lavinq: Pipe and accessaries shall be examined, far defects and tapped with a light hammer to detect cracks while suspended in the sling befare installing. All damaged,. defective or unsaund items will be rej ected and rem()ved immediately from the, site af the wark. Deflectian fram a straight line and grade as required by vertical ar harizantal curves or offsets shall not exceed the values presented in the fallawing schedule. SCHEDULE FOR MAXIMUM DEFLECTION Pipe Size (Inches) 6 8 10 12 16 18 20 Max. Deflectian (I~ches per 18 ft. length) Push-on Jaint 21 21' 21 21 21 21 21 If alignment requi"res deflectians in excess af the abavelimitatians, the Cantractor shall provide special bends or a sufficient number af sharter lengths of pipe to provide angular deflections within the limits set forth. Pipe shall be placed in the .trench and bedded as required in Section T-2. Except where necessary ip making connectians with' other lines, ar as authorized, pipe shall be' laid with the bells facing in the di~ectian of laying. . Jaintinq: Push-'an Joints shall be assembled by pre-:pasitioning a continuous, malded rubbef:' ring gasket in an annular recess in the pipe socket and farcing the spigat enq of the entering pipe into. the sacket, thereby campressing the gasket radially to. the pipe to. farm a pasi ti ve seal. The design and shape af the gasket and the annular recess shall.pe .such that the gasket .islacked in place against displacement' as the joint is assembled. Details af the joint design shall be in accordance with the manuf~cturer's standard practice. The size and shape of the gasket sha.ll be such as' to. pravide adequate campressive farce between the spigat and the sacket after assembly to effect a positive seal under all cambinatians af the jaints and gasket talerances. Cantractor shall 9909-01 T04.dcc 'ZEL, ENGINEERS T4-3 I o I u I I u I I I I I I I I I I I I SECTION T4 WATER LINES furnish both the Owner and the Engineer with one copy manufacturer's joint assembly instructions. The Contractor strictly to the pipe.manufacturer's joint assembly instructions. of the shall pipe adhere Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-half cup of granulated soap in one gallon of water. The cast iron gland shall then be slipped on the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed. on .the spigot end with the thick edge towa'rd the gland. The entire section of the pipe shall b~ pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the gasket evenly positioned around the entire joint. The cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up tightly with the fingers. Nuts spaced 180 ,degrees apart shall be tightened alternately to produce an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with maximum torque as recommended by the manufacturer. Restraining Gasket Assembly Instructions: For cold weather assemblies, keep the temperature of the Gaskets above 400 F. For cut pipe, select pipe with diameters or circumferences at the cut location which conform to the table given below. For cut pip,e, assure that a tapered bevel similar to the one furnished wi.th the pipe is ground onto the end of the pipe. Measure the socket depth and make a mark on the pipe spigot that distance from the end of the pipe. This mark will indicate when the joint is fully ~homeu. Keep the joint iri straight alignment during assembly, especially when handling fittings. Do not fully "home". the joint if joint deflection is required. Set the joint deflection after the assembiy is made. Approximately twice as much assembly force may be required to assemble a Restraining Gasket into' a joint than is required for a conventional push-on joint Gasket. Check for correct positioning of the restraining Gasket by inserting a ,feeler gauge in the space between the bell and the pipe OD in several locations around the socket to assure that the gasket ,is in proper position' in the socket in accordance with the manufacturer's instructions. Cleaning: A pipe swab shall be kept in the pipe at all times to prevent debris fromenterlng the newly laid pipe. Whenever pip~ laying operations are ceased, a watertight, inflatable plug shall be installed in the open end of the pipe to prevent ground water from entering the newly laid pipe. Incidental Items: Reaction Support: All plugs, caps; tees, wyes, and at bends deflecting 11-1/40 or more on pipe lines 6 inches in diameter, or larger, shall be given 'ZEL, ENGINEERS 9909-01 T04. doc T4-4 I o I D u I I I I I I I I I I I I I I SECTION T4 WATER LINES reaction support as hereinafter specified. Reaction support shall be of 3,000 lb. concrete bearing directly- against undisturbed earth of the trench wall. Sufficient thrust block bearing area shall be installed to distribute the thrust into undisturbed earth at a rate not exceeding the allowable soil bearing value. Where conditions are such that the bearing value of the trench wall will not provide satisfactory support or where the angles or direction of pipe line deflections will not permit adequate thrust block restraint, the Contractor will be required to furnish and install restrained joints, American CIP "F~st Grip", U. S. Pipe "Field Lok", or equal, on each restrained mechanical joint of ductile iron pipe. Joint restraint gaskets may be used for restraint of underground push-on joints. Where restrained j'oints are used in lieu of thrust block restraint, at least three 'lengths of pipe in each direction from the turn, shall be fitted with restrained joints also. After installation, any tie rod assemblies shall be fully field coated with coal tar bitumastic to prevent corrosion. Above ground pipe shall be ductile iron, thickness Class 53 for Flanged Pipe in accordance with ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron. Flanged pipe shall have threaded on ductile iron flanges. Pipe shall be manufactured in accordance with AWWA Specification C115/2l.1.5. Pipe shall be coated on the outside with a bituminous coating, and lined with cement lining in accordance with ANSI A21.4. . Flanged Fittings shall be ducti.le iron in accordance with the requirements of AWWA Specification ClIO, coated and lined same as pipe. Flanges shall be faced and drilled to match AWWA Cl15 threaded-on flanges. . Concrete: All concrete for encasement and reaction blocking shall have a minimum 28~day compressive streng~h of 3,000 psi. CONCRETE COLLARS, CRADLES, 'SADDLES, AND ENCASEMENT: Collars, cradles, saddles, or 'encasement shall be constructed of concrete with a,minimum 28-day. strength of 3,000 psi. CONNECTIONS TO EXISTING MAINS:' - . The Contractor shall furnish and install all fittings and appurtenances necessary to make connections to. the existing distribution system. The Contractor shall coordinate his activities'with the superintendent of the water system so that the work can be accomplished in a.manner and at such time that a minimum interruption of se~vice will .occur. The tapping sleeves and valves shall conform to the requirements of Section T- 5. The .Contractor shall verifyt,he material and size of the pipe line to be tapped or connected to. HOUSE SERVICES: Service Saddles for ductile iron pipe shall be Mueller Single Strap Style Hl0493, or equal for 12" pipe, tapped 3/4 inch AWWA taper. 9909-01 T04,doc T4-5 'ZEL, ENGINEERS I o I u I I I I I .1 I I I I I I I I I SECTION T4 WATER LINES Corporation Stops shall be bronze with 3/4 inch AWWA taper thread inlet and pack joint outlet for 3/4 inch copper tube size, Ford Meter Box Co. Catalog No. 3/4" FIOOO,' Mueller H15000, or equal. Meter Box shall be cast iron shallow type stretch yoke meter box, ~H x ~H with backflow preventer, Ford Meter Box Co. Catalog No. LYLB 222-24l-G, lockless typer or comparable approved product. Service Line shall be 3/4 inch copper tube size Type K (0.875" aD). SAMPLE TAPS: Sample taps shall be provided at. 3,000 foot intervals and at the end of the' line. Sample taps shall consist of a corporation stop, a riser, and a hose bibb 12 inches above grade. Hose'bibb shall be capable of being sterilized by an ope~ flame. After .water samples have been tested and approved the hose bibb and riser shall be removed and the outlet of the corporation stop plugged. TESTING: General: After comple;tion of the piping, it shall be tested for leaks in accordance with AWWA 600-82 and proved tight at 150 psig~ The Contractor shall provide, at his' expense, all. labor, supervision, pumps, measuring devices, power,~ .miscellaneous equipment and water necessary for performance of all testing on all piping in accordance with the requirements of these specifications. Hydrostatic Tests: Pressure Test: After pipe has been laid and partially backfilled, all newly laid pressure' pipe or any valved section thereof shall be ~ubjected' to the appropriate'hydrostatic pressure based on the elevation of the lowest point in the line or section under test and corrected to the elevation of the test gage. The dura~ion ~f each pressure test-shall be at least one hour. Before applying the' specified test pressure, all air must be expelled from the line. The Contractor will make the necessary taps and insert' plugs after the test is completed: All exposed pipe, fittings, valves, and joints shall be carefully examined before backfilling. All . defective joints shall be repaired or replaced to the satisfaction of thee Engineer. Any 'cracked or defective pipe, joints, fittings, valves or hydrants discovered in consequence of 'this pressure test shall be removed and replaced with sound material and the test shall be repeated until satisfactory to the Engineer. Leakage Test: The duration of the leakage test shall be two hours, and during the test the main or section of the main tinder test sha~l be subjected to the above noted pressure' base9 on the' lQwest' point in the .li~e or section under test and corrected to the elevation of the tes~ gage. 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 pressure after the air has been expelled and the pipe has been filled with water at the test pressure. ' No pipe installation., w.ill be accepted until leakage is less than the number of gallons per hour as determined by the formula 'ZEL, ENGINEERS 9909-01 T04.doc T4-6. I I I I I I I I I I I I I I, I I I I I SECTION T4 WATER LINES DJP L=l3J L D P Allowable leakage in gallons per hour/lOOO feet The nominal diameter of the pipe in inches/lOaD feet The average. test pressure during the leakage test in pounds per square inch gage STERILIZATION: All piping complete with fittings and appurtenances shall be flushed until clean, and sterilized as specified in AWWA Specification C 651-92, "Disinfecting Water Mains". Disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with AWWA Standard C65l (latest~reVision). The requirements of this paragrapn apply equally to new pipe and fittings, and to existing pipe lines into which connections have been made, or which may have been otherwise disturbed to the extent that contamination may have occurred: CLEAN-UP: Upon completion of the installation of the water lines and appurtenances, all equipment and debris remaining as a result of the Contractor's operations shall be removed from the site of the work. PAYMENT: Payment for water lines and fittings will be made on the basis of the applicable unit prices ~s set forth ,in the Bid. Measurement to determine the .length of water line for payment shall be along the centerline of the various sizes furnished and installed, from center to center of fittings, with no deductions for the space occupied by valves or fittings. The payment shall cover all, costs of every kind required for clearing and, grubbing, excavation, pavement removal, any damage to .house service, lines, 'water meters or relocating service lines or water meters, maintenance of driving .surfaces, backfill, protection of utilities, cleaning up, restoration grassing, erosion control, . sediment containment, furnishing the materia1s, installation, disinfection, testing and completing the installation. CarrieF pipe invol ved in undergroufld crossings will be paid for under the applicable lump sum price for each crossing and will not be included in the measurement for payment under this section of the specifications. Except as specifically set forth in -the Payment paragraph of' Section T-2 of these specifications, all excavation, trenching, backfilling, and other related work necessary fo~ the completion of the work will be considered a subsidiary responsibility of the Contractor and no separate payment will be made therefor. Payment for ductile iron fittings 6" to 16" will ,be made on the basis of 'published weights of compact, cast iron or ductile iron mechanical joint fittings less accessories. 9909-01 T04. doc T4-7 'ZEL, ENGINEERS I I I B I I I I I '1 I I I I I I I I I SECTION T4 WATERLINES Payment for connections to existing lines shall cover all costs associated with increasers, reducers, installation and connection to the existing lines. No separate payment will be made for removal of existing plugs or blocking incidental in connecting new line to existing water line. Payment for Restrained Joint Pipe shall'be made on the basis of the applicable unit prices set forth in the ,Bid. Measurement to determine the length of water line for payment shall be along the centerline of the various sizes furnished and installed, from the center to center of the fittings, with no deductions for the space occupied by valves or fittings. Payment for water taps shall.include the tapping, saddle, corporation stop, and curb stop, complete, in place. Payment for concrete for encasement, cradles and reaction blocking and restraining collars will be paid for on the computed volume of concrete actually placed in accordance with the requirements of these specifications. All costs associated with the sample taps shall be included as a subsidiary obligation of the unit price per L.F. of the water line. Payment for creek crossings encasement, rip-rap, sand Payment shall be made based shall cover the cost for the pipe, concrete for the cushion and filter fabric, complete in place. on the unit price set forth in Bid. Payment'foi S" cross connection to existing 12" water line along Old Waynesboro Road shall cover the cost of 8" diameter restrained DIP, 8" tapping sleeve and valve, complete in place. Payment for the connection to the existing 12" water line near Goshen Elementary School shall'cover the cost of the removal of the 12" plug, 16" x 12" reducer, and connection, complete, in place. Connection to the existing l2" water line at the Brown Road ground storage tank shall include, 12" diameter restrained DIP, 12" - 900 bend, 12" gate valve, and 12" cut-in tee, complete in place~ No other separate payment will be made for work included in this section of the specifications and all costs associated therewith shall be included in the appropriate lump sum or unit price, item in the Bid. 9909-01 T04.doc T4-S 'ZEL,' ENGINEERS, D o u I I I I I I I I I I I I I I I I SECTION T5 VALVES AND HYDRANTS SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, . and performing all operations in connection with the installation of the valves, valve markers, hydrants and appurtenances, complete, in strict accordance with this section of the specifications and the applicable plans, and subject to the terms and conditions of the Contract. GENERAL: All valves, hydrants and accessories furnished by the Contractor for incorporation into the work shall be riew, unused, and. of the type' specified herein. Valves for buried service shall be furnished with mechanical joint connections. Hydrants and the associated valves shall have restrained MJ connections. Each valve shall have the identifying mark of the manufacturer, year of mapufacture and pressure rating cast on the body. All yalves shall be gate valves, shall be open~d by turning counter-clockwise and shall have an arrow cast into the metal of the operating nut or on the handle or wheel to indicate direction of opening. ALL valves shall be furnished by a single manufacturer. GATE VALVES: Gate valves, 6"-12" shall be of. the resilient seat type designed for a minimum working pressure of 250 psi. Valves 16" and larger shall'be fitt~d with gear operators. Underground valves shall have mechanical joint ends to match the piping in which they are installed. Exposed valves shall be flanged.' Gate . valves shall have a' clear waterway e,qual to the full normal diameter of the pipe ~ Prior to shipment from the factory, each valve shall be tested by hydraulic pressure equal to twice the specified working pressure. ,All valves shall use a-ring seals. Gate valves shall be iron body, brass mounted and shall conform to the specifications for Gate Valves for Ordinary WaterWorks Service, AWWA: C500 and C509. Valves shall be installed in valve boxes and shall be non~iising stem type with 2-inch square operating nut. VALVE BOXES: Underg~ound valves shall be installed with cast iron valve boxes having a suitable ,base and shaft extension sections to cover and protect ~h~ valve and permit easy access 'and operation. Box assemblies shall be Mueller No. H-10357, or equal. The word WATER shall be cast on covers. An l8-inch square by 6-inch thick concrete slab shall be cast o~round the top of the valve box with the top of the b6x slab being flush with,pavement in paved areas or 2 inches above finished grade in unpaved areas. TAPPING VALVES: , , The Contractor shall furnish and install tapping sleeves with valves and all other fittings and'appurtenances necessary to make connections to the existing water distribution system. Th~ Contra6tor shall verify the material and size of the pipe line to be tapped or conn~cted into. . 9909-01 TOS, doc 'ZEL, ENGINEERS T5-1 I I B I I I I I I I I I, I I I' I I I I SECTION T5 VALVES AND HYDRANTS Tapping valves shall conform to the requirements of gate valves specified above and fitted with mechanical joint ends. Valves shall be Mueller No. H667, Clow No. F-S093, or an approved equal. PRESSURE REDUCING VALVE PITS: Each underground pressured reducing valves pit shall be a concrete box with base, walls, and top of appropriate size. Each concrete box shall accommodate the pressured reducing valve and valves and permit easy access and operation. Each pit shall be drained to daylight. The P. R. V. Pit is detailed to accommodate the pressure reducing valve specified. Where other P.R.V. configurations are furnished, the contractor shall adjust the pit dimensions to accommodate the equipment furnished at no additional cost to the' Owner. FIRE HYDRANTS: The Contractor shall furnish and install fire hydrants in conformance with the following requirements: Materials: Fire hydrants shall be cast iron, fully bronze mounted designed for 150 psi working pressure, and'shall conform to the requirements of AWWA CS02. Hydrants shall be suitable 'for connection to pipe having 42 inch cover. Stem and barrel extensions .shall be installed where necessary to bring the hydrants to an approved mounting height. Hydrants shall have a minimum valve opening of S-1/4 inches, and shall be equipped with two 2-1/2 inch hose nozzles and one 4- 1/2 inch pumper nozzle, with National Standard Hose Thread, and shall be Mueller Improved Type No. A-423 with oil reservoir, or approved equal. Each hydrant shall have the standard red enamel paint finish. Installation: Hydrants shall be set plumb and at such elevation that the connecting pipe shall have at least 42 inch cover over the pipe. Earth fill suitable for backfill as previously defined, shall be carefully placed in 6 inch ~layers and' to 3 feet on. all sides, or to the undisturbed face of the trench if nearer, and carefully tamped. Not less than 7'cubic feet of crushed or broken stone shall be placed around the base of the hydrant to insure drainage. The interior of the hydrant shall be thoroughly cleaned of all foreign matter prior to installation, and after installation, each hydrant shall be operated to assure proper operation. 'The 6 inch auxiliary valve shall be independently secured to the hydrant and main line tee with fully restrained joint's or tie rod harness. Tie rod harness shall consist of Star Fig. 7 tie bolts with threaded rods and nuts. Entire assembly shall be coated with coal tar bitUmastic after installation. ,Concrete blocking will not be permitted. CORPORATION STOPS: Corporat.ion Stops shall be solid brass. Sample taps shall have ~" Muelle,r No. H-l0045 Corporation Stops; house, service connections shall' have ~" HISOOO Corporation Stops and Muelle~ No.. H15209 Service Line Valves (CurS Stops) or angle type if located at the meter box'.' After removal of the sample tap riser, the stop shall be tightly sealed with ft brass ,plug. 9909-01 T05. doc 'ZELi ENGINEERS TS'-2 I I m I I I I .1 I I I I I I I I I I I SECTION T5 VALVES AND HYDRANTS PAINTING AND PROOF REQUIREMENTS: Paintinq and Testinq: All' iron surfaces of the valves shall be painted; surfaces shall be clean, dry, and free from grease before painting. The valve surfaces, except for seating, shall be evenly coated with a suitable primer to inhibit rust or black asphalt varnish in accordance with Federal Specification TT-V-5lC or 512. Hydrostatic and leakage tests shall be conducted in strict accordance with AWWA C500. Affidavit of Compliance: The Vendor of the valves shall, upon completion of manufacture, provide to the Owner an "Affidavit of Compliance" in accordance with AWWA C500. Proof-of-Desiqn Test: Vendor shall include with his submittal certified copies of Proof-of-Design Tests in accordance with AWWA C500. INSTALLATION OF PRESSURE REDUCING VALVE PIT: Pressure reducing valve pit, valves in pit and pit shall' be appropriately installedplub and the box centered over the pressure reducing valve; Earth fill sha+L be carefully tamped around valve boxes to 3 feet on all, sides or to the undisturbed face of the trench'if less than that distance. The ,pit and all equipme~t shall be cleaned of all foreign matter. All piping, the pressure reducing valve, and all other valves shall be properly and adequately supported to prevent movement or undue strain on the piping and equipment. INSTALLATION OF VALVES AND VALVE BOXES: Valves and valve boxes shall be 'installed where indicated or as directed by the Engineer. Valves and valve bo'xes shall be plumb and valve boxes shall be centered directly over the vaives. Earth fill shall be carefully tamped around valve. boxes to 3 feet on all sides or to the undisturbed face of, the trench if less than that distan'ce. . Valves shall have the inferiors cleaned of all foreign matter before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both opened and closed positions to see that all parts are in working condition. All piping and valves shall be properly and ade'quately supported to prevent movement' or undue strain on the piping and equipment, and shall have cast concrete collars at grade. TESTING, CLEAN-UP, AND STERILIZATION: Testing and clean-up shall be performed in accordance with the provisions of Section T-4 of these s~ecifications. :All valves sh~ll be in place when lines are tested. Any cracked or defect:j.ve, valves discovered in consequence of the testing shall be removed and replaced with sound material and the test shall be repeated until a satisfactory test is achieved. PAYMENT: Payment for qate valves shall cover, all costs of the installed valve, . valve box, extension and' concrete slab, complete and in place. 9909-01 T05.doc 'ZEL, ENGINEERS T5-3 I I I I I I I I I I I I I I I I I I I SECTION T5 VALVES AND HYDRANTS Payment tor fire hydrants shall be for the complete installation and shall include vertical extensions, the a~uxiliary valve and valve box, the 6 inch pipe, joint connections and restraint, crushed stone drain, and other appurtenant items, complete and in place. Payment for the 12" pressure reducinq valve, PRV pit, valves in the pit, fittinqs, S" bypass with S" qate valve and all appurtentenances within the payment limits shall be included in the bid for pressure reducing valve, all 'complete and in place. The cost of corporation stops arid curb stops for ho.use services shall be included in the applicable unit price in the bid. Costs associated with corporation stops of the sample taps are considered a subsidiary in the unit price per linear foot of the water line. No other separate payment will be made for the work covered under this section of the specifications. All co~tsin connection therewith shall be included in the lump sum or unit price items 'in the Bid. 9909-01 T05, doc 'ZEL, ENGINEERS T5-4 I I I I I I I I I I I I I I I I I I I SECTION T6 UNDERGROUND CROSSINGS OF HIGHWAYS SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, cequipment and materials and in performing all operations in connection with the installation of dry bored and jacked underground crossings of highways for water lines, complete, in strict accordance ,with the specifications and the applicable plans, and subject to the terms and conditions of the contract. GENERAL: Work on highway right-of-way shall be under the' supervision of the Chief Engineer of the agency, or his authorized representative who shall be notified at least 15 days before actual work on the installation is started. UNDERGROUND CROSSINGS: Water Lines: Underground crossings for water lines shall consist of a carrier pipe installed in a casing pipe. -Th~ casing pipe shall be installed under the roadbed,by dry boring and jacking. The carrier pipe shall be pushed through the casing pipe on spiders securely fastened to the carrier pipe. CASING: Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000 .psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the tabulated pipe data in lieu of any coating and wra~pingrequirement. CARRIER PIPE: Water cLine: The carrier pipe for water lines shall be push-on joint ductile iron pipe conforming to the requirements of the WATER LINES section of the Specifications. Gaskets shall be' restrained joint type. Installation: Carrier pipe installed in steel casings shall be pushed th~ough the casing pipe on spiders securely fastened to the carrier pipe. The jacking operation ~hall utilize soap ~r drilling mud as a lubricant and shall utilize . timber cushioning ,on the end 'subjected ~o the forces from the jacking device. Any damaged pipe shall be cut off and removed from the site. After the carrier pipe has been checked and te~ted, the ,casing pipe shall be filled ,with sand and the ends sealed with puli on r~bber seals. ABORTED BORES: Unsuccessful bore and jack installatio~s which must be abandoned because of failure to meet alignment and/?r' gradec'requirements, bore and jack' attempts frustrated by obstructions, or otherwise unusable bore and jack installations shall be completely filled with concrete. The steel casing may be left in place or withdrawn simultaneously ,with the filling of the hole with concrete. Relocation for additional bore and "jack attempts shall be made after consultation with the Engineer. '2EL, ENGINEERS 9909-01 T06. doc T6-1 I I I I I I I I I I I I I I I I I I I SECTION'T6 UNDERGROUND CROSSINGS OF HIGHWAYS SPIDERS: Spiders shall be Collins steel Carrier pipe supports or comparable approved spiders appropriate for installation. Spiders, nuts, and bolts shall be heavily coated with the manufacturer's Bituminous paint. PAYMENT: Payment for water lines under highways within the payment limits shall be made on.the basis of the applicable lump sum prices for the crossings,listed in the .Bid, complete, including carrier pipe, casing pipe, and all other incidental items of work involved. Payment for Aborted Bores shall be made on the basis of the unit price in the Bid for the measured length of the aborted bore filled with concrete, complete in place. To qualify for payment, the aborted bore shall have resulted from obstructions encountered through no fault of the Contractor. 'ZEL, ENGINEERS 9909-01 T06. doc T6-2 I I I I I I I I I I I I" I I I I I I I SECTION T7 GRASSING SCOPE: The .work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and performing all operations required to establish a satisfactory cover of gras~ within all unpaved areas disturbed by this construction. All work shall be performed in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. GENERAL: . The grassing operations shall co'nsist of preparation of the soil, including tillage, liming and fertilizing, seeding, mulching, and watering, and maintenance and repair of planted areas until a satis~actory grass cover is obtained and the work is finally accepted. MATERIALS: Seed: All seed shall be Hulled Bermuda grass seed tested and, approved by the Georgia Department of Agriculture not more than 6 months prior to the date of .sowing and packaged and labeled in accordance with the Georgia Seed Laws and Rules and Regulations in effect on the date of the Invitation for Bids. Seed which has become wet or moldy or otherwise damaged prior to the time of sowing will be rejecte~. Agri.cultural Lime shall be a pulverized limestone having the following 'certified chemical and physical properties: Total Carbonates, not less than 85% Passing 10-mesh screen, at least 100% Passing lOO-mesh screen, at least 25% Fertilizer: All fertilizer shall be a dry, free-flowing commercial lO-lO-lO fertilizer suitable for application by a fertilizer distributor, grain drill, planting machine or siinilar standard equipment. The fertilizer shall. be certified to meet the requirements 6fFertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes caked or otherwise damaged prior to the time of use will be rejected. Mulch: Any of the mulch mater'ials,cons,isting of forest litter, hay, s'traw, hulls of cottonballs or peanuts, ground corncobs, stalks of corn, cane, potato vines, tobacco or othe~ stems", or peat, which are permitted under Standard Specifications of the Stat,eHighway Department of. Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain seeds of species of weeds or plants which would germinate. and 'be'harmful to the proposed planting will not be accepted. . Before collection of mulch material is begun or delivery is made, the Contractor shall 'submit samples .for approval. Only approved mulch from approved sources will be accepted. Water for use in connection with the grassing operation may be purchased from Augusta-Richmond Utilities Department, or obtained from any "other approved source. Such water shall be free of excess chlorine, or other chemicals or substances harmful to plant growth. 9909-01 TO? doc T7-1 ':EEL.' ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T7 GRASSING GROUND PREPARATION: Prior to preparing the ground for grassing operations, all weeds; brush and other vegetation in the areas to be planted which has not been removed during clearing and grubbing and grading operations shall be removed from the site. All irregularities in the surface shall be smoothed out and all roots, stone and other foreign material detrimental to tillage, planting and proper growth and maintenance of the grass shall be removed. In all areas where the topsoil has been removed during grading operatioris, the topsoil which has been stockpiled shall be returned and evenly distributed over these areas. Objectionable foreign materials contained in the topsoil shall also be removed as the topsoil is distributed. LIMING AND FERTILIZING: After the areas to be seeded have been brought to finished grade, agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate 'of one ton per acre and fertilizer at the rate of 1000 pounds per acre. In areas where'mechanical spreaders cannot be used, the lime and fertilizer may be. applied by hand methods. The lime and fertilize~ shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE: The lime and fertilizer shall be thoroughly and uniformly mixed with the soil to a depth of approximately 3" by plowing, discing and harrowing until the soil is friable "and well pulverized. Hand tillage will be required in all areas where mechanical equipment cannot be operated. SEEDING: Hulled Bermuda grass seed conforming to the requirements of this specification shall be uniformly sown by approved mechanical' pqwer drawn drills or seeders' or, in 'small areas, by mechanical hand seeders, at the rate of 40, pounds per . acre. The seeds shall be covered_ .and compacted to a depth of 1/8 .to 1/2 inch by means of a cultipacker and a~ empty traffic roller or another roller weighing less than 3 tons.' Broadcast seeding shall not be done when the wind makes it difficult to get satisfactory distribution. The Bermuda grass seed shall not be planted prior to April 15 or after SepteIDber 15. Seed shall not be sown unless the soil has the op'timum moisture content or. more through a deptn of at least 3 inches. WATERING: After the seeds have been sown, the moisture content of the soil, will be tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling until an adequate moisture content has been reached. . In t~e absence of adequate ~ainfall during the germination arid early grow:th period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling.operations. 9909-01 T07. doc T7-2 'ZEL, ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T7 GRASSING MULCHING: Mulching of seeded areas wil~ not be required but may be employed at the option of the Contractor as an aid in reducing eroding and conserving soil moisture. If employed, the mulch shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture of the mulch. The proper application will allow some sunlight to penetrate and air to circulate, at the same time shading the ground. If desired, immediately after the mulch . is spread, the material may be anchored to the soil by a cultipacker, disc harrow, or other suitable equipment. ,ESTABLISHMENT AND MAINTENANCE: The Contractor is responsible fqr providing a satisfactory stand of living seeded grass in which gaps larger than 12 inches do not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever, shall be reseeded with Hulled Bermuda seed, and such reseeding shall be repeated until acceptance by the Engineer. The Contractor shall properly water, mow and otherwise maintain all grassed areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and reseeding at no additional expense to the Owner, if such damage occurs prior to acceptance of the project. GRASSING TO CONTROL EROSION: In the event completion bf grading operations of areas to be planted extends beyond the specified grassing periods, grassing must be postp~ned until the following spring season. The Contractor will be permitted to seed such areas with Rye grass at his own expense, or by mulching shall control erosion of the graded areas. All mowing and maintenance operations during the fall and.winter seasons will be the obligation of the.Contractor. Erosion must be controlled by acceptable methods to prevent damage to the Owner's property, to adjacent property owners, and to ,limit Irugration of silt to the streams. GRASSING TABLE Permanent Cover: Fertilizer: . 5-10-10; 1800 lbs. per acre Agricultural Lime: 2 tons per acre Mulch: .2-1/2 tons mulch hay per acre Hulled Common Bermuda and Browntop Millet 10 lbs./Ac. 10 Ibs./Ac. 4/15 - 9/15 Temporary Cover: Fertilizer: 10-10-10; 500 lbs. per. acre Agricultural Lime: 1000 lbs. per acre Mulch: As Needed Sudangrass Rye Grass 60 Ibs.iAc. 15 Ibs./Ac. 4/1 - 9/l 8/15 - 10/31 9909-01 TO? . doc T7-3 'ZEL, ENGINEERS I I PAYMENT': I SECTION T7 GRASSING No separate payment will be m~de for the grassing and other work covered by this section of the specifications. All costs in connection therewith shall be included in the applicable lump sum or unit price item in the Bid for the completed work. I I I I I I ,I 'I I I I I I I I 99,09-01 TO? .doc T7-4 I 'ZEL"ENGINEERS