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Home My WebLink AboutAvondale Drive sanitary Sewer Improvement Augusta Richmond GA DOCUMENT NAME: tl V 0 N l::. A L-G' \) R \" IE' '8 A N I 'Toll 1'L'f ~ G vJ en... 'J- ~e" '/EPlbJr DOCUMENT TYPE: C. ON TCZ Ac....T S YEAR: ?-OO~ BOX NUMBER: ) l.p FILE NUMBER: J l.,?- 0 { NUMBER OF PAGES: 13/ ,'. I I I I :1 'I !,I !I I I I I I I I I I , I I ! iii... I',M".. JA:tr'/&;}-O 1 't>NR!IIthJ~ SeT' ., PM&A CONSULTING ENGINEERS I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS & SPECIFICA TIONS AVONDALE DRIVE SANITARY SEWER IMPROVEMENTS Prepared For Augusta-Richmond County Board of Commissioners Municipal Building Augusta, GA 30901 By PM&A Consulting Engineers, Inc. 609 Broad Street Augusta, GA 30901 706/724-4348 PM&A Proj. 00053 January 25, 2002 I I I I I I I I I I I I I I I I I I I AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS - ROCKY CREEK BASIN AUGUSTA UTILITIES DEPARTMENT - AUGUSTA. GEORGIA TABLE OF CONTENTS SECTION DESCRIPTION # PAGES CONTRACT DOCUMENTS APB ITB P BB A PFB PYB NOA NTP GC SC Advertisement for Bids .......................... 1 Instruction to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Proposal ...................................... 2 Bid Bond ..................................... 2 Agreement .................................... 3 Performance Bond .............................. 2 Payment Bond ................................. 3 Notice of Award. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .. 1 Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 General Conditions ............................ 57 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I TECHNICAL SPECIFICATIONS TS TSl TS2 TS3 TS4 TS5 TS6 TS7 TS8 TS9 Table of Contents . . . . . . . . . . . . , . . . . . . . . . . . . . . . . .. 1 Clearing and Grubbing. . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Excavation, Trenching & Backfilling ............... 8 Sanitary Sewers and Appurtenances ............... 11 Storm Sewers and Appurtenances. . , , . . . . . . . . . . . . .. 9 Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Water Distribution ............................. 11 Bituminous Paving. . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 3 Flowable Fill .................................. 2 Finish Grading and Grassing . . . . . . . . . . . . . . . . . . . . .. 2 TofC I I I I I I I I I I I I I I I I I I I ADVERTISEMENT FOR BIDS Sealed proposals will be received by the Augusta-Richmond County Commission of Augusta, Georgia, until 12:00 noon on , for furnishing all materials, tools, machinery, etc., necessary for "Avondale Heights Sanitary Sewer Improvements", all in accordance with specifications of the City Engineer and / Commissioner of Public Works. Bids will be received on a unit price basis for the work in place with the low bid on all work being considered the low bid. Plans and specifications for bidding purposes may be obtained at the office of the City Engineer, 701 Municipal Building, upon payment of Dollars ($ ) for each set of documents issued, NONREFUNDABLE. Bids must be accompanied by a Certified Check or Bid Bond in an amount equal to ten (10%) of the total bid price. No bid may be withdrawn for a period of sixty days after closing time scheduled for receipt of bids. Address all bids to Geri Sams, marking the envelope, "Avondale Heights Sanitary Sewer Improvements," City Reference: " The Augusta-Richmond County Commission reserves the right to reject any or all bids. Geri Sams Purchasing Department 605 Municipal Building Augusta, GA 30911 Publish in the Augusta Chronicle , 2001. AFB - Page 1 of 1 I I I I I SECTION IB INSTRUCTION TO BIDDERS ill-Ol GENERAL I IB-02 I I I IB-03 I I I I I All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. 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 ofthe work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. 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 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREP ARA nON OF BIDS I I I I I Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to ~ntries made on bid forms should be initialed by the person signing the bid, Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no:bid" where appropriate. ITB - Page 1 of3 I I SECTION IB INSTRUCTION TO BIDDERS I Alternative bids will not be considered unless specifically called for. 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. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. I I I NOTE:A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. I Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids, While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. I I IB-06 BIDDER'S QUALIFICA TrONS I I I I No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perfornl the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, Part of the evidence required above shall consist ofa list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work, IB-07 PERFORMANCE BOND I I At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. I I ITB - Page 2 of 3 I I I I I I I I I I I I I I I I I I I SECTION m INSTRUCTION TO BIDDERS Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia, Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IE-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. MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firnls. 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 fiml or a firm that has included such firnls 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. ITB - Page 3 of3 I I I I I I I I I I I I I I I I I I I PROPOSAL A VONDALE HEIGHTS, ROCKY CREEK BASIN SANITARY SEWER IMPROVEMENTS AUGUSTA-RICHMOND COUNTY The Augusta-Richmond County Commission Municipal Building Augusta, GA 309 I I Gentlemen: The undersigned, as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relative to existing structures and underground utilities as fumished to him on the drawings, the Contract Documents or by the City Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowance therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that if this proposal is accepted, he will contract with the Augusta-Richmond County Commission, Augusta, Georgia, to furnish all machinery, tools apparatus and other means of construction and do all work and furnish all materials called for in accordance with the requirements of the City Engineer and the true intent of the Contract Documents and that he will take in full payment for each item of work thereof, the unit or lump sum price applicable to that as stated in the schedule below. (Note: Bidders must bid on each item). P-I of I ,... ,,-...... ., "'If., .. A VONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS ADDENDUM NO. L MARCH 26, 2002 1) Table of Contents Revise number of pages for P-Proposal from 11 to 2. 2) Proposal- Bid Schedule Replace bid schedules for individual streets with 2 pages of combined ,quantities. 3) Proposal - Bid Schedule Combine quantity of manholes into units for standard 6' depths. 4) Proposal - Bid Schedule Combine quantity of additional vertical manhole depths into 2' riser sections. 5) Proposal - Bid Schedule Remove crushed stone or gravel description (pipe bedding). Contractor to include costs of pipe bedding in unit price for linear feet of pipe bid. 6) Proposal - Bid Schedule Item 01 - Select Backfill. Increase quantity to 2,000. 7) Proposal - Bid Schedule Item 06 - Sanitary Sewer Laterals 6" Diameter DIP. Change unit to each 6" DIP, quantity 6. Item 06 - Sanitary Sewer Laterals 6" Diameter PVc. Change unit to each 6" PVC, quantity 11. 8) Proposal - Bid Schedule Item 08 - Sanitary Sewer Manholes. Change "Additional Depth" to read "Additional 2 f1. Riser." Change the unit to each and the quantity to 4. 9) Proposal - Bid Schedule Item 12 - Grass Medium. Move to Lump Sum Construction. 10) Proposal- Bid Schedule Item 14 - Sod, Increase quantity to 600, 11) Proposal- Bid Schedule Add Lump Sum Construction - Item 12. Include items: Clearing & Grubbing, Traffic Control, Soil Erosion & Sediment Control and Construction Staking. 12) Proposal- Bid Schedule Add Item 17 - Class A Concrete, quantity 30 cy. 13) Proposal - Bid Schedule Add Item 18 - Fernco Couplings, quantity 17, 14) Estimated construction duration to be three (3) months, (90 days). /00053-03 . It- .. _i'~ IBurnett Construction Co. P.O. Box 751 Wushington, GA 30673 I I I I I I I I I I I I I I I I I I PROPOSAL AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS ADDENDUM 2 REVISED BID SCHEDULE liTEM NO.IIDESCRIPTION IIUNIT IIQUANTITY IjUNIT PRIC~ITOTAL I 1 SELECT BACKFILL (IN PLACE VOLUME WITH 7' MAX WIDTH) CY 2000 7- I r tJd() (JD 2 CONCRETE COLLAR EA 6 1$"tJ .... I .wt7 ~ 3 10" GRADED AGGREGATE BASE INCLUDING 2" BINDER SY 715 2~ n jt; J J,( --;rr 4 1.5" OVERLAY INCLUDING TACK COAT SY 3650 ~.TV h Y 1r ., 5 MILLING 0-3/4" SY 2550 ~ ~.. If 2 A' --,-." 6 CURB AND GUTTER LF 120 /. ~DD / ~ytl 4Q 7 8" DIP SANITARY SEWER PIPE 6' - 8' DEPTH LF 826 2 -9 r~ 7i; 711'1 f{O 8 8" DIP SANITARY SEWER PIPE 8' - 10' DEPTH LF 32 ':1tf 0' . t? 5tJ '" 9 8" PVC SANITARY SEWER PIPE 6' - 8' DEPTH LF 382 /? ~() 6. 7.1J .N 10 LATERAL SERVICE CUT" (SEE NOTE) LF 200 .2/ 00 C/ 1t/tJ ~ 11 TRANSITION SANITARY SEWER LATERAL (see detail) EA 6 ?M?F f' )It/V Rl 12 STANDARD SANITARY SEWER LATERAL (see detail) EA 5 1 J7 .ru / ,(/.171) 13 EXISTING SANITARY SEWER MANHOLE CONNECTION EA 2 l./75"/IItJ t;rc1 ,,~ 14 SANITARY SEWER MANHOLE 6' DEEP, 4' DIAMETER EA 10 / /tJ.F"'" / / t/ rtJ (1(7 15 SANITARY SEWER RISER, 2 FEET EA 4 7 r> ~ / 11M 00 16 UNCLASSIFIED EXCAVATION CY 60 'J 'I gO 'J /J st/J dO 17 SOD SY 600 7~ 1 ? tJtJ ,,7/ 18 FLOWABLE FILL CY 25 s-5" 00 / -; 7.F ~ 19 AC WATER MAIN CROSSING EA 1 / /7S-rM /,t/S-.> M 20 CLASS A CONCRETE CY 30 / F "" /, 9 n:J "" 21 LUMP SUM CONSTRUCTION LS 1 11~ 7Jl)~ 1.2.1 7fl> do 22 LUMP SUM CONSTRUCTION INCLUDES, BUT IS NOT LIMITED TO: -GRASSING ~ Id I .- / <;6: / tJ? I -CLEARING AND GRUBBING -TRAFFIC CONTRL -SOIL EROSION AND SEDIMENT CONTROL -CONSTRUCTION STAKING -PROPERTY RESTORATION ,- .. LATERAL SERVICE CUT IS TO INCLUDE THE FOLLOWING: ROAD SAW CUT, EXCAVATION, COMPACTION, 10" GAB AND 2" BINDER THE LINEAR FOOT MEASUREMENT IS 3.5' FROM THE CENTER LINE OF THE SEWER MAIN TO THE CURB/ASPHALT EDGE THE CONTRACTOR IS TO ENSURE THE TRENCH WIDTH IS WIDE ENOUGH TO MEET AUD COMPACTION REQUIREMENTS. I Ut:"'"~/ # / 4t-,-.;~ ,z 6, .ttJt1 2 /l/It,,/v~ 1 if :2 tf,,./I ~ :l~1 J'a/";1t'iI (o;,\//--<U:~'~/l Co. ~ c;?, ~ /-.. I I I I I I I I I I I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A3l 0 Bid Bond BOND # ODIW AB06 KNOW ALL MEN BY THESE PRESENTS, that we W. A. BARNETT CONSTRUCTION, PO BOX 7512014 LlNCOLNTON ROAD, WASHINGTON, GA 30673 (Here insert full name .and address or legal title of Contractor) as Principal, hereinafter called the Principal, and OLD DOMINION INSURANCE COMPANY9428 BA YMEADOWS ROAD 4TH FLOOR JACKSONVILLE, FL 32256 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of FLORIDA as Surety, hereinafter called the Surety, are held and firmly bound unto AUGUST A-RICHMOND CONSOLIDATED GOVERNMENT530 GREENE STREET, ROOM 605 AUGUSTA, GA 30911-4430 (Here insen full name ,and address or legallille or Owner) as Obligee, hereinafter called the Obligee, in the sum of 10 % OF BID AMOUNT, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for .-\ yondale Heights - Rocky Creek Utilities Sanitary Sewer Improvements. (Here insen rull name. address and descriplion or project) \OW, THER.EFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee ill accordanc<: with the tenns of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the everH of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the ditler<:llcc n0l lO exceed the penalty hereof between the amount specitied in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of April, 2002 W. A. BARNETT CONSTRUCTION JJ~4l{x, cV1M[1i8 '. ' (Wttness) (Principal) (Seal) ~ (Title) I'r~.r. c::1- & -'~:> , ! OLD DOMINION INSURAi'lCE COMPAJ'\I't (J;l ~ }1~~m, . ~------ Title) l ~/ tLuU c:><. (Wimess) ROBERT M. HREHOR, ATTORNEY-IN-fACT PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract ,hall fl.::nish evidence satisfactory to Principal and Surety that tinancing has been finnly committed to cover the entire cost of the project. AlA DOCUMENT A310 BID BOND AIA@ FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W. WASHINGTON, D.C. 20006 I 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder any difference between the total amount of Bidder's Bid and the total amount of the Bid of the next lowest, responsible and responsive Bidder as determined by OWNER for the Work required by the Contract Documents, provided that: 1.1. If there is no such next lowest, responsible and responsive Bidder, and OWNER does not abandon the Project, then Bidder and Surety shall pay to OWNER the panel sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. I I I I I I 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents ad any performance and payment Bonds required by the Bidding Documents. I I I 3. This obligation shall be null and void if: 3.1 OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). I I I I I 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. I I I DAMAGES FORM 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suite or action under this Bond shall be commenced only In a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety a their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial couner or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable require- ment of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provIsIon of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. II. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. I BB - Page 2 of2 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, made on the ~ day of ~/lfl' , 20Q.1" by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMIS~ION, party of the first part, hereinafter called the OWNER, and 8/7<,<.N1T ~S~u. ~A..J ,party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: "AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS - ROCKY CREEK BASIN" and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within -'.f2 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within LZ-o 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 considerationo for the awarding of this contract, to pay the Owner the sum of '/20 0 )/.t;A1tJ/tffd) ;:::/,c::?~r f' ~') ($ '2- 50. ~ )Dollars, not as a penalty, but as liquidated damages for such breach of contract as heremafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fix.ing 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. A - Page I of 3 I I I I I I I I I I I I I I I I I I I ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A - Page 2 of 3 Office of The Administrator George R. I<olb Administrator Room 801 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-2400 - FAX (706) 821-2819 May 7, 2002 Mr. Max Hicks Utilities Director 360 Bay Street Augusta, GA 30901 Dear Max: The Augusta Co'mmission, at dleir regular meeting held Tuesday, May 7, 2002 took action on the following items. 34. Approved award of contract to Beam's Pavement Maintenance Company, lne. in the amount of $684,762.36 for construction of tile Tobacco Road 16" Water Main. (Funded by Account Number 509043410-5425110/80110106-5425110) (Approved by Engineering Services Committee April 29, 2002) 35. Approved award of contract to W. A. Barnett Construction in the amount of $148,109.15 for construction of the Avondale Heights Sanitmy Sewer. (Funded by Account Number 509043420- 5425210/80150115-5425210) (Approved by Engineering Services Committee April 29, 2002) 36. Approved award of contract to Blair Construction in tile amount of $382,670.10 for construction of the Kemp Drive Sanitary Sewer based on the preliminary evaluation of bids received. Funded by Account Number 509043420-54-2521 0/80150040-542521 O. (Approved by'Engineering Services Committee Aprii 29,2002) If you have any questions, please contact me. 37. Approved reimbursement of $20,467.50 to Chaplin Company, 1401 Main Street, Suite 115, Columbia, SC 29211 for water main installation upgrade. (Approved by Engineering Services Committee April 29, 2002) If you have any questions, please contact me. ;/~~ Walter S. Hornsby, III Deputy Administrator cc: Ms. Geri Sams Ms. Donna Williams Ms. Tammy Strange 05-07-02: #34 - #37 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which::shall be deemed an original, in the year and day first mentioned above. ~.,.,....'''~''\ 0....-- \UCH1""OA,'\\" A1:' .~...... ,y() .... ., ..."~ ..c..o.... c"_ "'.:::,'" 0,,0 o. Q~. :r 0 000 -0. 1. '; tI~o " ~.....~ fJ. or: : 0 .~ Ii ~'i :.~ ~ (SEAL) 'I. 'l> · " - iI. ' ~BY: ~~.. :::.,r~ "..... :''lJ.. f'~ .. 0 id ~ 0 I~ .... ~ o ,000008 ff I I I I I I I I I I I I I I I I I I I (SEAL) ~EST: ~R1 ~ ,~ Secretary ,~P1 L~ WItness A - Page 3 00 CONTRACTOR: &r/7 ~ ff (a/1 fl By: ~~ _ 4'. As its ,4.~r. ~) Address: ;: d. 8/1 k' 7FI ~ i'~ '-:J ~~ c./I :7d6'7? i ~ ^t ~ , THE AMERICAN INSTITUTE OF ARCHITECTS PREMIUM BASED ON FINAL CONTRACT AMOUNT Bond #S704984 AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that W, A. BARNETT CONSTRUCTION (Here insert full name and address or legal title of Contractor) PO BOX 751 WASHINGTON, GA 30673 as Principal, hereinafter called Contractor, and, OLD DOMINION INSURANCE COMPANY (Here insert full name and address or legal title of 5Jrety) 9428 BA YMEADOWS ROAD JACKSONVILLE, FL 32256 as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GA (Here insert full name and address or legal title of ()mer) ROOM 106, ACCOUNTING DEPARTMENT AUGUSTA, GA 30911-3999 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FORTY EIGHT THOUSAND ONE HUNDRED NINE AND 15/100 Dollars ($ 148,109.15), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated Jq" ~ /7, ltJtJ2 , entered into a contract with Owner for (Here insert full name address and description of project) Avondale Heights Sanitary Sewer Improvements. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of A'chitect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AlA 0 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 1 <. PERFORMANCE BOND 5 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Owner having performed Owner's obligations thereunder, the surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 14th day of June, 2002 ,~/I(. d~~ Itness defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damage for which the Surety may be liable hereunder, the amount of the contract price", as used in this paragraph shall mean the toral amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators, or successors of the Owner. //~ ...~.-- - ---=--, ~-'~..;:., W, A, BARNETT CONSTRUCTION .--:' ~~' ._c'~'_ _ - ~ Princip~1 ::"". ,,_ -; ~seal1. &?..i~.~~~Jf~ ;:. _.....,t'~- .iF !?,4~ \\. .<.,'S.;':~>"'~ ;~ / r_ . ...\'....;',~ OLD DOMINION INSURANCE COMPANY,. " . . ,'-': . Q sure~<v .-"..se~1 .' ////0,., . _ ~_~. ',F,/;~, % JtJ1tf'JJ .-t-I:\. , "_, :-~. 0~ 6J,....Ll...!.b . _ _ ,. ~"- _' ""' (Title) 0 3 :";; :.:..:,~' :: E2 ROBERT M. HREHOR, AttomeY~JI1~Fact" ~~. =-, / if \~co?";;~<C- I L./ _ _...-:~ :~ 2:' \ ~AL tft. (Title) ft.e F. AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO AIAO FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D.C. 20006 '; " THE AMERICAN INSTITUTE OF ARCHITECTS PREMIUM BASED ON FINAL CONTRACT AMOUNT Bond #S704984 AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that W. A. BARNETT CONSTRUCTION (Here insert full name and address or legal title of Contractor) PO BOX 751 WASHINGTON, GA 30673 as Principal, hereinafter called Contractor, and, OLD DOMINION INSURANCE COMPANY (Here insert full name and address or legal title' of 3Jrety) 9428 BA YMEADOWS ROAD JACKSONVILLE, FL 32256 as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GA (Here insert full name and address or legal title of Gomer) ROOM 106, ACCOUNTING DEPARTMENT AUGUSTA, GA 30911-3999 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FORTY EIGHT THOUSAND ONE HUNDRED NINE AND 15/100 Dollars ( 148,109.15), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Tun e /7 ;( tJtJ 2. (Here insert full name address and description of project) Avondale Heights Sanitary Sewer Improvements. entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of A'chitect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AlA 0 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: ~ ,~ ";~ -'-:~ //&it"~ , ". 0 W. A. BARNETT CONSTRUCTION. "<~,,~ ", ,(-p>~:~ % (Principal) ;' >;j >-;fSeal)-;; -: ~ E : :: ::;. -.~ ;;:..::.. ;:. ... ~ ---....q J ... ~ .- ~~ 0:'. ~2(i?l:;Z//J 4i! /?e~, (Title) >.~.~-<J. -...,,::~." ,,~~ ". :.' OLD DOMINION INSURANCE COMPANV"-' -...-:-,._,....;~. ~ (US u rety ~'r ,,"/ (~~~I) '\, >- ~ ~ ~ ~J"" ~ ~ -.so ~ z",,/ '" /; : ~,' ~ ~' ~ ~ ~~: i~'.~ (Title) Attomey-in-Fact ~ --:,J;.~ }:/~~ ::-:"- 1 ROBERT M. HREHOR, Attomey-io:'FaCf t "-"// '/' "':'\0.", 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or fumished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the Signed and sealed this 14th day of June, 2002 . ~$ .d:..~~ (Witness) CWm ~ (Witness) party to whom materials were fumished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent for the jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 @ Old Dominion Insurance Company POWER OF ATTORNEY A Main Street America company KNOW ALL MEN BY THESE PRESENTS: That the Old Dominion Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article XII of the By-Laws of said Company, to wit: "Article XII. The chief executive officer or president or a vice-president may execute fidelity and surety bonds and other bonds, contracts of indemnity, recognizances, stipulation, undertakings, receipt, releases, deed releases of mortgages, contracts, agreements, policies, notices of appearance, waivers of citation and consents to modifications of contracts as as may be required in the ordinary course of business or by vote of the directors, and such execution may be attested where necessary or desirable and the seal of the company where necessary or desirable may be affixed to the specific instrument by a secretary or an assistant secretary. The chief executive officer or president may with the concurrence of the secretary appoint and authorize an attorney-in-fact or any other person to execute on behalf of the company any of said instruments and undertakings and to affix the seal of the company thereto where necessary or desirable." "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney by facsimile, and any such Power of Attorney bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so af~<\d with respect to any bond, or other contract of indemnity or writing obligatory in the nature thereof, (f;>""'V Pursuant to said by-law: ROBERT G HREHOR, ROBERT M HREHOR, DIANNE HREH~HY S SMITH, RENA C MOSS, ~~- is hereby appointed and authorized as a true and lawful attorney-in-fact to m~~cute, seal and deliver for and on behalf as its act and deed bonds, undertakings, recognizances, contracts of inde~W othe~ritings obligatory in the nature of a bond subject to the following limitation: ~~ No one bond to exceed Five Do , 00,000,00) and to bond Old Dominion Insurance Company thereby as fully the s nt as if such instruments were signed by the duly authorized officers of Old Dominion Insurance Com~ Id ~l ~@ of said attorney-in-fact are hereby satisfied and confirmed. ~v ,"S IN WITNESS WHEREOF, Old Dominion Insu,ance ComWH~aused thes ,esents to be signed by its antho,i",j rep,esen,"ti,< and its corporate seal to be hereto affixed this 11 TH day of ~'r -, @<fiJ.{JS APPOINTMENT SHALL .........".... CEASE AND TERMINA TE A UTOMA T1CALL Y AS ~ECEc: 12~05 ess sooner revoked as 'pr-d~i,w.t.uli' ........ ~@ .... Q~,...._..-.~~ ". ~ . :.., f'....~1-fO~"f~-.~~ ...... Old Dominion Insurance Company ~ (). ....,... -- .f ~ / ~sEAL~\ ~ \ ~ Lyn E. andry, Aut . d ese tative ~ .t': - . ; ~ ~ . I?~ : a . t9sr . ~ - State ?f New HampshIre, County of ~ . . . . \ - .... po,. ,/'~! On thIS 11TH day of June ~2 , ore th~lber a Notary PublIc of the State of New HampshIre IWJ?d f~~.~~~' "'./ County of Cheshire, duly co d and qua~'d', came Lyn E. Landry of the Old Dominion Insurance Com~y, ..... to me personally known to presentative described herein, and who executed the preceding instrument. and he'~HnoJ,l,lledg~d the execution of same, and be~ me fully sworn, deposed and said that he is a representative of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as representative were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article XII of the By-Laws of said Company is now in force. ~\,.I'\l'trl:I""111 "~I'"~ \ )A. 1= C" '1"" IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Keene, New H~shir~tn.~'?:~"""""""/-I'"'' . . I ... \".\ . .'~ ~ 11TH day ofJune , 200 I. r f,,~.. "::11J r-:f:. "'" :' C? ..:'\ 0 TAn)'.... '\ ~ Public &: . ~ : ~ ..-4 :.':: My Commission Expires: 5-13- ~;':, r : · € I, William C. McKenna, Corporate Secretary of Old Dominion Inusrance Company, do hereby certify that the1l.bovfaM B L \ "',: f foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force o~~~~1~",[",,'~~~~,~~~ /S'? .'" "., Y HAM(' .7"<-,,,' and affixed the seal of said Company thiS~.Y9IY...Q i""'II'G~tt;~"% A c'" . -;:' ~ .~ - .. -:::. ~'1/&;I~Al/l -:~ ~ i:':~ 'Ncr/I'::~:0);}'~" ~~ f"~rf fj., .~. - . ~~ ,"'-- ,- E 01''' ~,-c,,,,-~~ - U'" rJ--;;:> ..#..- ....' -:- .",""- orpo ate ecrctar: _;_ ~; , . ff 68-6316.006 ::/'c'. /. ,.;-' WARNING - Any unauthorized reproduction or alteration of this document is prohibited, This power Is void unleSs seals are readable And the certification seal at the bottom is embossed, The diagonal imprint, warning and confirmation must b8 in red Ink. IN WITNESS WHEREOF, I have hereunto set my hand JlJNE ,~. CONlflRMAlIOINI Of validity of attached bond, call ODIC at Jacksonville (904) 739-0873, I. . ... .. NOTICE "The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence." This notice is being attached to all surety bonds issued new or renewed, for use in the State of Georgia by the surety company, OLD DOMINION INSURANCE COMPANY, during the period of July 1, 2000 through June 30, 2002. The purpose of this notice is to comply with Directive 00-EX-5 issued by Georgias Insurance and Safety Fire Commissioner, John W, Oxendine, August 15, 2000, calling attention to the addition of O,C,G.A, #33-6-4(b)(15) to the Unfair Trade Practices chapter of the Georgia Insurance Code which prohibits insurers from discriminating against victims of family violence and from disclosing certain information relating to family violence, G:\BONDFMS\GENERAL\BONDA IT ACHMENT I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable: CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place Of Business): OWNER (Name and Address): Augusta-Richmond County Commission Municipal Building Augusta, GA 30911 CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the tern1S printed on the reverse side hereof, do each cause this Performance fN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: (I) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. PFB - Page I of2 I 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder any difference between the total amount of Bidder's Bid and the total amount of the Bid of the next lowest, responsible and responsive Bidder as determined by OWNER for the Work required by the Contract Documents, provided that: 1.1. If there is no such next lowest, responsible and responsive Bidder, and OWNER does not abandon the Project, then Bidder and Surety shall pay to OWNER the panel sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. I I I I I I 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents ad any performance and payment Bonds required by the Bidding Documents. I I I I I I I I 3. This obligation shall be null and void if: 3.1 OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due aIld payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement oft be amount due. I I I I DAMAGES FORM 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suite or action under this Bond shall be commenced only In a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety a their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial couner or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable require- ment of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any prOVISIOn of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. PFB - Page 2 of2 I I Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. I CONTRACfOR (Name and Address): SURETY (Name and Address of Principal Place of Business): I OWNER (Name and Address): I Augusta-Richmond County Commission Municipal Building Augusta, GA 30911 I CONTRACf Date: Amount: Description (Name and Location): I I I BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Foml: I I Surety and Contractor, intending to be legally bound hereby, subject to the tenns printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. I CONTRACfOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) I Signature: Name and Title: Signature: Name and Title: (Attach Power of Attorney) I (Space is provided below for signatures of additional parties, if required.) I CONTRACfOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) I Signature: Name and Title: Signature: Name and Title: I EJCDC No. 191O-28-B (1996 Edition) Originally prcpared through ttie joint cfforts of thc Surety Association of America, Engineers Joint Contract Documcnts Committce, thc Associated Gcneral Contractors of America, thc American Institute of Architects, the Amcrican Subcontractors Association, and thc Associated Specialty Contractors. I I PYE - Page 1 of 3 I I I. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the perfonnance of the Contract, which is incorporated herein by reference. I 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: I 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and I 2.2. Defends, indemnities and holds hannless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the perfonnance of the Contract, provided the OWNER has promptly notitied the CON!RACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and providcd there is no OWNER Default. I I 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. I 4. The Surety shall have no obligation to Claimants under this Bond until: I 4.1. Claimants who are employed by or have a dircct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, 01' notice Ihereoe to thc OWNER, stating that a claim is being madc under this Bond and, with substantial accuracy, the amount of the claim. I 4.2. Claimants who do not have a dircct contract with the CONTRACTOR: I I. Have furnished written notice to the CONTR.....CTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last perfonned labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or perfonncd: and I I 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of fumishing the above notice any conununication from the CONTRACTOR by which the CONTRACTOR had indicated the claim \\~II be paid directly or indirectly; and I I 3. Not having been paid within the above 30 days. have sent a written notice to the Surety and sent a copy, or notice thereof. to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fumished to the CONTRACTOR. I I 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the SUrety, that is sufficient compliance. I I PYE Page 2 of 3 6. When the Claimant has satistied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the perfonnance of the Contract and to satisfy claims, if any, under any Perfonnance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the perfonnance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change. including changes of time, to the Contract or to related Subcontracts, purchase ordcrs and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond othcr than in a eourt of competent jurisdiction in thc location in which the Work or part of the Work is located or after the expiration of onc ycar trom thc datc (I) on which the Claimant gavc the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was pcrfi.)rn1Cd by anyone or the last materials or equipment were furnished by anyone under the Constmction Contract, whichever of (I) or (2) tirst occurs. If the provisions of this paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall bc mailed or delivered to the addresses shO\\11 on the signature page. Actual rcccipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be perfornlCd, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneticiary of I I I I I I I I I I I I I I I I I I I .... "...; this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall pennit a copy to be made. ] 5. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in thc terms "labor, materials or equipment" that part of water, gas, power, light, hcat, oil, gasoline, telcphone service or rental equipment used in the Contract, architcctural and engineering services required for performance of thc Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all othcr items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract: Thc agreement between the OWNER and the CONTRACTOR identified on thc signature page, including all Contract Documents and changes pthereto. 15.3. OWNER Default: Failurc of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perfonn and complete or comply with the other terms thercof. PYB Page 3 of 3 I "', i:.. ~ ~ , NOTICE OF AWARD DATE: OS/28/2002 CONTRACTOR: Barnett Construction ADDRESS: p, O. Box 751 Washinqton City GeorQia State 30673 Zip Code RE: PROJECT: Avondale HeiQhts Sanitarv Sewer Improvements PROJECT NO,: 50115 At a meeting of the Augusta-Richmond Countv Commission held on (Date) 05/07/2002 you were awarded the Contract for the following project: Avondale Heights Sanitary Sewer Improvements, Augusta-Richmond County, Georgia; Augusta 2000 CIP Project No.: 50115 Enclosed please find ~ copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office within ~ Days from the date of this letter, excluding Sundays and Legal Holidays. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. - Very truly yours, PM&A CONSULTING ENGINEERS, INC. t?~(~~ FORM 266 ..... ) J I J I I I I I I I I I I I I I I I ,..,,-) ..< :.l .. NOTICE OF AWARD TO: PROJECT: AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS AUGUSTA-RICHMOND COUNTY, GEORGIA AUGUSTA 2000 CIP PROJECT NO.: 50115 The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of Dollars ($ ). You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance and Payment Bonds within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all rights arising out of the OWNER's acceptance of your BID as abandoned and as forfeiture of your Bid Bond. The OWNER will be' entitled to such other rights as may be granted by law. You are required to retUI11 an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of ,20_. AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS BY TITLE * * * ACCEPTANCE OF NOTICE * * * Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of ,20 BY TITLE NOA Page 1 of I I I I I I I I I I I I I I I I I I I I NOTICE TO PROCEED TO: DATE: PROJECT: AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS AUGUSTA-RICHMOND COUNTY, GEORGIA AUGUSTA 2000 CIP PROJECT NO.: 50115 You are hereby notified to commence work in accordance with the Agreement dated ,20_, on or before ,20_, and you are to complete the WORK within _ consecutive calendar days thereinafter. The date of completion of all WORK is therefore ,20_. AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS BY TITLE * * * ACCEPTANCE OF NOTICE * * * Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of ,20 BY TITLE NTP Page 1 of 1 I I I I I I I I I I I I I I I I I I I September 19, 2000 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions of clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract. together with all amendments, modifications and supplements issued pursuant to paragraphs 3.4 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. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a 1 I I I I I I I I I I I I I I I I I I I September 19, 2000 legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substan~ial 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 pr~pared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes andlor orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. Parrial 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 andlor resident engineer services for the Work. 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 2 I I I I I I I I I I I I I I I I I I I September 19, 2000 site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work 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 doeumented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non- 3 I I I I I I I I I I I I I I I I I I I September 19, 2000 engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. 4 I I I I I I I I I I I I I I I I I I I Septemb4lr 19, 2000 ARTICLE 2-PRELlMINARY MA TIERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings andlor individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate 5 I I I I I I I I I I I I I I I I I I I September 19# 2000 amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project Manager, Professional and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor, The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. 6 I I I I I I I I I I I I I I I I I I I September 19, 2000 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents)and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1..a formal Written Amendment, 7 I I I I I I I I I I I I I I I I I I I September 19, 2000 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 paragraphs 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 acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. 8 I I I I I I I I I I I I I I I I I I I Sepl~c 19, 2000 ARTICLE 4-AVAILABllITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, eXCluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated 9 I I I I I I I I I I I I I I I I I I I Sept.mbec 19, 2000 in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work with the OWNERs of such Underground Facilities during construction. for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine he extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserVe the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL' whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for th~ accurate replacement or relocation of such reference points by professionally qualified personnel. 10 I I I I I I I I I I I I I I I I I I I Septecbec 19. 2000 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any, CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or others in accordance with 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. 11 I I I I I I I I I I I I I I I I I I I September 19, 2000 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit-Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar employee benefit acts; 5.3.2. .Claims for damages because of bodily injury, occupational sickness or disease, or death of 12 I I I I I I I I I I I I I I I I I I I SQPtet1ber 19, 2000 CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained lot the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one veal thereafter. Contractual Liability Insurance: 5.4. The comprehensive genera' liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. Owner's liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, 13 I I I I I I I I I I I I I I I I I I I September 19. 2000 PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages 14 I I I I I I I I I I I I I I I I I I I Sept.mber 19. 2000 caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds 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 Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or 15 I I I I I I I I I I I I I I I I I I I SQPtember 19, 2000 policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its employees and agents from and against 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 death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 16 I I I I I I I I I I I I I I I I I I I Septe=b9r 19, 2000 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct'the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor. Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery" tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall fumish satisfactory, evidence including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 17 I I I I I I I I I I I I I I I I I I I Septelllbec 19, 2000 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors. Suppliers and Others: 6.8.1. .CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization 18 I I I I I I I I I I I I I I I I I I I September 19, 2000 (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 C0NTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment} to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objec- tion In the bidding documents or the Contract Documents} of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due Investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference ,n the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or Indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or copyrights incident to the use In the performance or the Work or resulting from the incorporation in the Work of any Invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims In connection with any alleged infringement of such rights. 19 I I I I I I I I I I I I I I I I I I I September 19, 2000 Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14,1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6,14.2, If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6,15, CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16, CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment, Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work, Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONAls, architects, attorneys and other profesSionals and court and arbitration costs) arising directly, Indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6,17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave', the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original 20 I I I I I I I I I I I I I I I I I I I Septem.bec 19, 2000 condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6,19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications, These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. 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 or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property, All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6,20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, In whole or In part, to the fault or negligence of CON- TRACTOR), CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work Is acceptable (except as otherwise expressly provided In connection with Substantial Completion), 6,21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated In writing by CONTRACTOR to the Project Manager. 21 I I I I I I I I I I I I I I I I I I I September 19. 2000 Emergencies: 6,22, In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened 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 immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action, Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents, 6,24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents, The approval of a separate item as such will not indicate approval of the assembly in which the item functions, CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6,24,1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff, Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed, 6,25,1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and'similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample 22 I I I I I I I I I I I I I I I I I I I September 19, :2000 with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6,25,2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26, PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6,27, No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Managery staff, Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed, 6,28, PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the speCific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals, 6.29, Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15,6 or as CONTRACTOR and OWNER may otherwise agree in wilting, Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required, At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents.o 23 I I I I I I I I I I I I I I I I I I I September 19, 2000 Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party, 6,33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6,32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts, 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. 24 I I I I I I I I I I I I I I I I I I I Sept.ember 19. 2000 ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these, If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7,1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees)proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work, CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7,2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions, Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. 25 I I I I I I I I I I I I I I I I I I I Sept.ember 19, 2000 ARTICLE 8---0WNER'S RESPONSIBIUTIES 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 appoint- ment shall be subject to arbitration, 8.3. OWNER shall furnish the data required of OWN~R 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. 26 I I I I I I I I I I I I I I I I I I I September 19. 2000 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period, The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4, PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents, If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12, Authorized Variations in Work: 9,5, PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents, These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may 27 I I I I I I I I I I I I I I I I I I I September 19. 2000 make a claim therefor as provided in Article 11 or 12, Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13,9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6,23 through 6.29 inclusive. 9,8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12, 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a whiten decision thereon (by recommendation of an Application for Payment or otherwise), PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes 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 28 I I I I I I I I I I I I I I I I I I I September 19, 1000 condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. ' Limitations on PROFESSIONAL's Responsibilities: 9,13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees, 9,14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents, 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. 29 I I I I I I I I I I I I I I I I I I I September 19, 2000 ARTICLE 10--CHANGES IN THE WORK 10,1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work, The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12, If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2, Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 7. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 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 agreed to in writing. 10,6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 30 I I I I I I I I I I I I I I I I I I I SepteIlber 19, 2000 ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price, 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor- dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents, 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents, 11.3.3, Other Unit Prices, For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum, When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties, 11.3.5, If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree 31 I I I I I I I I I I I I I I I I I I I September 19, 2000 on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5, OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6.' CONTRACTOR shall perform the Work as directed in the Change Order, 11.3.6, Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER, Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions, Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith, All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER, Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4,3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as appliCable. 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 32 I I I I I I I I I I I I I I I I I I I September- 19, 2000 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5,2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3, Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof---all in accordance with terms of said rental agreements, The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work, 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5,5, Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses, 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, Such losses shall include settlements made with the written consent and approval of OWNER, No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4,5.7, The cost of utilities, fuel and sanitary facilities at the site, 11.4,5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection the Work. 11.4,5,9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6, 11,5. The term Cost of the Work shall not include any of the following: 11.5,1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other 33 I I I I I I I I I I I I I I I I I I I September 19, 2000 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 specifitally covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site, 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4,5,9 above). 11.5.5, Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5,6. other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4, CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. 11.6,2. a fee based on the following percentages of the various portions or' the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent: 11.6.2,2, for costs incurred under paragraph 11.4,3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6,2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 34 I I I I I I I I I I I I I I I I I I I September 19, JOOO 11.6,2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6,2.4, inclusive, 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the next change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup, Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted, Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 35 I I I I I I I I I I I I I I I I I I I S~ptember 19, 2000 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 partes are unable to agree as to the amount of any such increase, 36 I I I I I I I I I I I I I I I I I I I September 19. 2000 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed/by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time, All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER, CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein, 37 I I I I I I I I I I I I I I I I I I I September 19. 2000 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13,1. CONTRAcrOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRAcrOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13,2, For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRAcrOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRAcrOR, CONTRAcrOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRAcrOR. All other inspections, tests or approvals shall be at CONTRAcrOR'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, CONTRAcrOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRAcrOR's expense, 13,5, All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRAcrOR (or by PROFESSIONAL if so specified). 13,6, If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRAcrOR's expense unless CONTRAcrOR has 38 I I I I I I I I I I I I I I I I I I I September 19. 2000 given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7, Neither observations by PROFESSIONAL br Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8, If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense, 13,9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May Stop the Work: 13,10, When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if CONTRAITOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph, Correction or Removal of Defective Work: 13,11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, all as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected, All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed 39 I I I I I I I I I I I I I I I I I I I September 19. :2000 or damaged by the correction, removal, or replacement of the defective Work, 40 I I I I I I I I I I I I I I I I I I I September 19, 2000 One Year Correction Period: 13,12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non- defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced, All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONAls) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so, CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13,11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency, In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON- TRACTOR'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 con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount 41 I I I I I I I I I I I I I I I I I I I September 19. 2000 thereof, OWNER may make.a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work, CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen, and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR, A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16, Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONAls shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. 42 I I I I I I I I I I I I I I I I I I I September 19, 2000 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2,9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14,2, At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14,3, CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality' of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning 43 I I I I I I I I I I I I I I I I I I I September 19, 2000 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 recommendationrv: and that CONTRACTOR is entitled to payment of the amount recommended, However, by recommending any such payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, 14.6, PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7,1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7,2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14,7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive, OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action, Substantial Completion: 14,8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion, Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con- sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and 44 I I I I I I I I I I I I I I I I I I I September 19, 2000 deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore- said recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following, 14.10,1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work, CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work, Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspec- tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers that part o(the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14,10,2, OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will 45 I I I I I I I I I I I I I I I I I I I September 19. 2000 be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL), During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14,10,3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5,15 in respect of property insurance. 14,10.4, OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy, Final Inspection: 14,11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments, The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (H) consent of the surety, if any, to final payment, and (Hi) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (H) 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. 46 I I I I I I I I I I I I I I I I I I I September 19. 2000 14,12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by SUbcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents, Final Payment and Acceptance: 14.13, If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection, and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14, If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article S, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims, CONTRACTOR's Continuing Obligation: 14,15, CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or 47 I I I I I I I I I I I I I I I I I I I September 19. 2000 sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14,13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16), 48 I I I I I I I I I I I I I I I I I I I September 19, 2000 Waiver of Claims: 14,16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. 49 I I I I I I I I I I I I I I I I I I I September 19. :ZOOO ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in wilting to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12, Termination For Cause: 15.2. Upon the occurrence of 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 or insolvency; 15,2,2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15,2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4, if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2,5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2,6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15,2,8, if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, 50 I I I I I I I I I I I I I I I I I I I Septem.ber 19, 2000 OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and eqUipment stored. at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination, 15,5, Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability, 51 I I I I I I I I I I I I I I I I I I I September 19, 2000 CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu 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 to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 52 I I I I I I I I I I I I I I I I I I I September 19, ::1:000 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate, Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof, Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia, CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. 53 I I I I I I I I I I I I I I I I I I I September 19, 2000 ARTICLE 17-MISCELLANEOUS Giving Notice: 17,1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17,2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation, 17,2,2, A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3, Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17,3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose, 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6,32,13.1,13.12,13.14,14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5, CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract, Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation, 54 I I I I I I I I I I I I I I I I I I I September 19. :ZOOO 17,6, The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O,C.G,A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17,7, Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same, Substitutions: 17,8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract, Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction 17.9,1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited, 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation, The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17,9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17,9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance, if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17,9,5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater, 2. Immediately notify the Utilities Department dispatcher (706,796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3, Maintain a chronicle of releveant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume, 55 I I I I I I I I I I I I I I I I I I I September 19. 2000 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate, 17,9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Supcrintcndcnt of Construction ~nd ~q~intcn~nccOwner. the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation, The cost of these actions will be the responsibility of the CONTRACTOR, 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17,10 The PROGRAM MANAGER for the project is CH2M HILL, 2822 Central Avenue, Augusta, GA 30909. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work 56 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS AVONDALE HEIGHTS, ROCKY CREEK BASIN SANITARY SEWER IMPROVEMENTS AUGUST A-RICHMOND COUNTY When events such as the Masters Golf Toumament occur during the life of the project, the contractor, owner and public works inspector shall make proper arrangements to avoid any activities in, or adjacent to, the roadway that would interfere with maximum traffic activities during such events.' Such arrangements may include removing all obstructions, equipment, temporary traffic control devices, personnel, etc. from the travel and sidewalk areas. Such arrangements may include halting all activities except any emergency, or otherwise necessary, traffic control. In the event that the contractor is deprived of accomplishing meaningful work on the project during such periods, consideration will be given to additional contract time commensurate with the lost time. SC-I of I I I I I I I I I I I I I I I I I I I I AVONDALE HEIGHTS SANITARY SEWER IMPROVEMENTS TECHNICAL SPECIFICATIONS INDEX SECTION DESCRIPTION PAGES 01 Clearing and Grubbing 02 02 Excavation, Trenching and Backfilling 08 03 Sanitary Sewers and Appurtenances 11 04 Storm Sewers and Appurtenances 09 05 Concrete 01 06 Water Distribution 11 07 Bituminous Paving 03 08 Flowable Fill 02 09 Finish Grading and Grassing 02 TS - Table of Contents I I I I I I I I I I I I I I I I I I I 02 03 04 TECHNICAL SPECIFICATIONS 01 CLEARING AND GRUBBING 01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the clearing and grubbing in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of this Contract. CLEARING Clearing shall consist of the felling and cutting up or the trimming of trees and the satisfactory disposal of the trees and other vegetation from the site as indicated on the drawings or as directed by the Engineer, together with the down timber, snags, brush and other rubbish occurring within the areas to be cleared. Trees and other vegetation as may be indicated on the drawings or roots and brush in areas to be cleared shall be cut off flush with or slightly below the original ground surface. Individual trees and groups of trees designated to be left standing wi thin the cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations or as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the trees or to main branches and the cuts thus made shall be painted with an approved tree- wound paint. Individual trees, groups of trees and other vegetation, incident to construction operations, by the erection of barriers or by such other means as the circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations and to those under construction and so as to provide for the safety of employees and others. GRUBBING Grubbing shall consist of the removal and disposal of all stumps, roots and matter roots from the site as indicated on all drawings or as directed by the Engineer. In foundation areas, stumps, roots, legs or other timber, matter roots and other debris not suitable for foundation purposes shall be excavated and removed to a depth of not less than 8 inches below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface, DISPOSAL OF CLEARED AND GRUBBED MATERIAL All timb~r, logs, stwnps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be removed from the site and placed in an approved offsite disposal area provided by the Contractor or otherwise disposed of as approved by the Engineer. When TS-Ol Page 1 of 2 I I I I I I I I I I I I I I I I I I I 05 approved by the Engineer, burning shall be done at such location and in such manner that will avoid all public nuisance and all hazards such as damage to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible for compliance with all Federal, State and Local 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. MEASUREMENT OF PAYMENT Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. TS-OI Page 2 of 2 I I I I I I I I I I I I I I I I I I I 03 TECHNICAL SPECIFICATIONS 02 EXCAVATION. TRENCHING AND BACKFILLING 01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the excavation, trenching and backfilling for water mains, sewers and appurtenant structures, complete in strict accordance with this section ofthe specifications and the applicable drawings and subject to the terms and conditions of the Contract. 02 EXISTING IMPROVEMENTS The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work. Where and if shown on the plans, the locations and existence of nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such inforn1ation prior to proceeding with the work. He shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings and if necessary to provide temporary walkways and bridges for crossing of the open trench as directed. Work shall not commence within Augusta right-of-way until a Right-of-Way Encroachment Permit is obtained from the Public Works Department. EXCAVATION a. General Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. Excavation methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards. b. Classification Excavation shall comprise the satisfactory removal and disposition of all excavated materials regardless of classification. The Contractor shall perform all excavation of every description and whatever substances encountered to grade indicated. TS-02 Page I of 8 I I I I I I I I I I I I I I I I I I I c. Trench Excavation All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of shallow trenches shall be kept as nearly vertical as practical and where required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the norn1al required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation shall proceed in a conventional manner with satisfactory effort made to remove hard materials before the Engineer makes a determination of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can and will show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or conc!ete, as directed. TS-02 Page 2 of 8 I I I I I I I I I I I I I I I I I I I d. Dewatering and Drainage Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will not cause injury to public or private property, or the work completed or in progress. All efforts to prevent sedimentation shall be made. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. e. Shoring and Protection of Excavations All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than one (I) foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. f. Excess Material Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. g. Grading and Stacking All grading in the vicinity of trench excavation shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half (1 Y2) times the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. h. Blasting Explosives are to be used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench. TS-02 Page 3 of 8 I I I I I I I I I I I I I I I I I I I 04 1. Tree Protection Care shall be exercised to protect the roots of trees to be left standing. Within the branch spread of the tree, trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. BACKFILLING Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the City Engineer. The trenches shall be carefully backfilled, with earth, sandy clay, gravel, soft shale or other approved materials. Backfill under roadways to consist of approved sand clay material. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete pavement or other hard materials having any dimension greater than 2 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. For backfilling, to a level one foot over the top of pressure pipelines and two feet above the top of gravity pipelines, only selected material shall be used. Select materials shall be approved by the City Engineer and consist of finely divided material free from debris, organic material and stone and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in unifom1 layers not exceeding six inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and each layer moistened and compacted to a density approximately that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in six-inch layers and each layer moistened and compacted to a density at least equal to that of the surrounding earth so that traffic can be resumed immediately after backfilling is completed. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored in the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. Sheeting not specified to the left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the City Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. TS-02 Page 4 of 8 I I I I I I I I I I I I I I I I I I I 05 PAVEMENT REPLACEMENT The Contractor shall replace all pavement removed, undermined or damaged by his construction operations and as required by the plans. As the completion of the pipe installation and construction of manholes and appurtenant structures progresses all backfill shall be completed in the manner prescribed in this section of these specifications. This backfill shall be finished offto a grade level with the surface of the adjacent pavement and shall be maintained smooth and free from potholes, depressions and ruts until the pavement replacement, grassing, etc., hereinafter prescribed are performed. Pavement replacement shall be started as soon as possible after completion of backfill. The edge of existing pavement to remain shall be neatly cut vertically and on a uniform horizontal alignment with a rotary power saw (concrete saw). The backfill material shall be removed to depth required and subbase compacted as hereinbefore specified. The designated patch shall be installed in accordance with the following specifications: a. Concrete Pavement The patch shall be 8" thickness of 3,000 psi concrete. Joints shall be provided in the new pavement matching in type and location all joints in existing adjacent pavement. The surface of the new pavement shall also be finished to match the surface of adjacent pavement. b. Driveways Same as for concrete pavement except that thickness shall be 6 inches. c. Sidewalks Same as for concrete pavement except that thickness shall be 4 inches. d. Asphalt Concrete The patch shall consist of an 8" thickness of 3,000 psi concrete and a surface course of 2" thickness of asphalt concrete. After the concrete has attained sufficient strength, the concrete surface shall be cleaned and prepared for the bituminous surface by application of a bituminous tack coat. A s~rface course consisting of a 2" compacted thickness of hot plant mix bituminous material conforming to City of Augusta specification, Type "E", shall then be constructed on the prepared base. TS-02 Page 5 of 8 I I I I I I I I I I I I I I I I I I I 07 08 09 10 11 e. Concrete Curb and Gutter Concrete curb or gutter which has been removed shall be replaced to match the adjacent curb in type and dimensions. Granite curb which has been removed will be replaced by concrete curb to match adjacent granite curb in all dimensions or by identical granite curb as directed by the City Engineer. 3,000 psi concrete shall be used in construction of curb and gutter. 06 GRANITE CURB In removing and replacing granite curb, extreme care shall be exercised to eliminate breakage or other damage during removal, storage and replacement. The Contractor will be required to replace all sections broken or damaged by his construction operations with new sections of identical material and dimensions at his own expense. In the replacement of the curb, the Contractor shall take extreme care in the placement and compaction of backfill under and adjacent to the curb to insure adequate support throughout the full length of each section of curb. BRICK PAVEMENT Replace brick on 6" concrete. New pavement shall match existing construction. MILL ASPHALT CONCRETE PAVEMENT Milling of existing asphalt concrete pavement shall conform to the requirements of Section 432 of Department of Transportation Specifications. RESTORATION OF PROPERTY The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, hedges, ornamental plantings and the repair or replacement of driveways, walks or other facilities. SAL V AGE MATERIALS All cast iron trap tops, grates and frames, manhole rings and covers, etc., that are removed and not reused shall be salvaged and hauled to the Streets and Drains Department, 1568 Broad Street. This is not a pay item. MEASUREMENT AND PAYMENT a. Select Backfill Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. No additional payment shall be made for these items. TS-02 Page 6 of 8 I I I I I I I I I I I I I I I I I I I b. Asphalt Overlay Asphalt overlay shall be measured in tons and shall include costs for asphalt materials and installation, striping (both temporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. c. Concrete Roadway Cap and Asphalt Patch Concrete roadway cap and asphalt patch shall be measured in square yards and shall include costs for concrete, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. d. Aggregate Base and Asphalt Patch Aggregate base and asphalt patch shall be measured in square yards and shall include costs for all aggregates (regardless of type), asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. e. Bituminous Tack Coat Bituminous Tack Coat shall be measured in gallons and shall include costs for material and installation. f. Milling Milling shall be measured in square yards and shall include all materials, labor, equipment and material removal and disposal costs. No additional payment shall be made for these items. g. Rock Excavation Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. h. Foundation Backfill Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as al transportation and stockpiling charges. No additional payment shall be made for these items. TS-02 Page 7 of8 I I I I I I I I I I I I I I I I I I I 1. Shoring Shoring shall be measured in linear feet and shall include costs for the shoring material, all support material, installation, and removal. No additional payment shall be made for these items. TS-02 Page 8 of 8 I I I I I I I I I I I I I I I I I I I 02 03 TECHNICAL SPECIFICATIONS 03 SANIT ARY SEWERS AND APPURTENANCES 01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of sanitary sewer pipe, structures and appurtenances, complete, in strict accordance with these specifications and the applicable drawings and subject to the terms and conditions of the contract. GENERAL The contract drawings indicate the extent and general arrangement of the sanitary sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore, shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. The drawings and these specifications shall be considered as supplementary one to the other so that materials and labor indicated, called for or implied by this one and not the other shall be supplied and installed as though specifically called for on both. MATERIALS a. General: Pipe for sanitary sewers shall be polyvinyl chloride (PVC) or ductile iron pipe (DIP) as outlined below. However, DIP is considered a remedial measure for special applications only. Standard pipe lengths not greater than 20 feet shall be used. Force main pipe shall be of approved C900-CL200 water pipe. ptrc pipe shall be manufactured from virgin resin conforming to ASTM D-3034 (latest version) with minimum classification ofSDR-35. DIP shall be epoxy-lined and confom1 to A WW A C 151/ ANSI AZ1.51 (latest version). Design methods shall conform to A WW AC 150/ ANSIA21.50(latestversion). DIPshallbeClass350forl2"and smaller. All fittings shall be of the s(lme quality and material as the pipe to be used. Pipe classes shall be determined based upon the installation and the use intended. Pipe shall be appropriately labeled on the drawings. WYE fittings shall be utilized. TEE fittings and saddles shall not be allowed. All DIP fittings shall be ductile iron or cast iron. TS-03 Page 1 of 11 I I I I I I I I I I I I I I I I I. I I 04 b. Joints and Jointing Materials: I) PVC shall be jointed with a rubber gasket and sq.all conform to ASTM F477 Ilk. (latest version) and manufacturer's recommendations. Solvent weld is prohibited. DIP shall be of the bell and spigot type with push-on joints conforming to ANSI A2 1. I I (latest version) or mechanical joints. INSTALLATION a. General: Installation of sanitary sewer pipe and associated appurtenances shall be in accordance with current ASTM specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage. All pipe shall be carefully examined before it is installed in the trench. Damaged pipe or pipe which does not meet specification requirements shall be rejected and removed from the work site. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Backfill shall be free of boulders and debris, and shall conform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall replaced with proper bedding. Pipe shall be laid on line and grade as designed. P joints, gravity blocks, service connections, and conflicts shall be left exposed u visually inspected and approved by the Augusta Utilities Department's Inspector. b. Pipe Laying: I) The bottom of the trench where sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the Section EXCA V AnON, TRENCHING AND BACKFILLING, to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. The pipe shall be laid with bell or groove end upgrade. tested for soundness, clear interior and satisfactory joint surfaces before lowering the pipe into the trench. Pipe shall be laid in straight lines and grades between points where changes in alignment or grade are shown. The pipe barrel shall be uniformly bedded. The line and invert grade of each pipe shall be c.hecked from a top line carried on batter boards not over 25 feet apart or by use of a laser beam target inserted in each joint. Pipes shall be laid to form a smooth, uniform invert. A stopper shall be installed in the pipe mouth when pipe laying is not in progress. . PVC gravity sewer pipe and force main shall be installed in accordance to ASTM D2321, latest version. Ductile iron force main shall be installed in accordance with A WW A C600, latest version. TS-03 Page 2 of 11 I I I I I I I I I I I I I I I I I I I 2) Backfilling Around Pipe: As soon as the joint material has set, fine earth shall @e carefully tamped around each joint, and around and over the pipe to a depth of at least 2 feet above the top of gravity pipelines. In addition, all PVC sewer pipe shall be bedded in selected material from the pipe centerline down to a point 3 to 6 inches below the pipe invert. Selected materials for this purpose shall be Class I or 11 soils as specified in ASTM D232 1. Reconstruction of any roadway section or right-of-way shall be in accordance with the Georgia Department of Transportation and City of Augusta Speci fications. ft o ~ ~l;t: n..::l:J :::I! ~. o .... o N ~~~ u: ...: . o. 1I~1I1 III" l:: TYPE 1. 1A-1A3 SELECT REFILL MAY BE REQUIRED. -. -. .0 ClASS 4 BACKFILL ONLY BY APPROVAL .. . .. SPRINGLlNE ~ w ::E D W m ::E w w a. a:: . z ....- N::E ~~~ ~c{~M >-a.d ::l::E ::l5 ~8-N WD~ ~~ ...J ...J ~ U ~ ;f E i?: w 2 HAUNCHING W Q. a:: BEDDING FOUNDATION MAY BE REQUIRED CLASS 1 BEDDING NO. 57 STONE NOTE~: 1. TRENCH EXCAVATION, BACKFILL AND COMPACTION SHALL BE IN STRICT CONFORMANCE WITH SECTION 14.31 OF AUGUSTA llTlUTY DEPARTMENT SPECIFICATIONS. c. Jointing: I) Ductile Iron Pipe: The joints shall be made according to the manufacturer's recommendation. TS-03 Page 3 of 11 I I I I I I I I I I I I I I I I I I I 05 CONCRETE CRADLES. SADDLES AND ENCASEMENT The Contractor shall install concrete encasement where shown on the plans or as directed by the Engineer. These structures shall be constructed in strict accordance with the details shown on the plans and as herein specified. Concrete shall have a 28 day compressive strength of 3,000 psi when tested in accordance with ASTM Specification C-39. 06 MANHOLES a. General: All manholes indicated on the plans shall be furnished and installed by the Contractor in accordance with the plans and provisions of this section ofthese specifications. Manholes shall be constructed with cast iron frames and covers in accordance with the details as shown on the plans. The top of manholes shall be topped out with brick as indicated on the plans. The number of courses will depend on the required elevation of the top of the manhole. The maximum number of brick courses allowed shall be three (3). The base of the manhole shall be constructed of 3000 psi concrete as specified elsewhere in these specifications. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the side of the manhole will permit. Manhole steps shall be spaced as shown on the plans. MAIN SEWER LINE (SIZE VARIES) . . INVERT TIE IN TO SIDE MAIN '" NOTE: ...ARROWS OUTSIDE OF PIPE FLOW INDICATE DIRECTION OF 1 ~ WASH ABOVE "CUT -our OF PIPES SPRING LINE. . . TS 3-5 b. Types: I) Masonry: . : Brick for manholes and other sewer structures shall be laid with shove joints completely filled with mortar. Horizontal joints shall not exceed 12 inch, vertical joints 1/4 inch on TS-03 Page 4 of II I I I I I I I I I I I I I I I I I I I their interior face. In circular structures, all brick shall be laid as header with joints broken between courses. Interior joints shall be struck or wiped smooth with the face of the wall. The exterior of sanitary sewer manholes shall be plastered to a thickness of at least Y2 inch. 2) Laying Brick and Concrete Block Work: Only clean brick or block shall be used. The brick or block shall be moistened by suitable means, as directed, until they are neither so dry as to absorb water from the mortar, nor so wet as to be slippery when laid. Each brick or block shall be laid in a full bed and joint of mortar without repairing subsequent grouting, flushing, or filling, and shall be thoroughly bonded as directed. 3) Plastering and Curing Brick or Block Masonry: Outside faces of masonry shall be plastered with mortar from 1/4 inch to 3/8 inch thick. If required, the masonry shall be properly spread and troweled so that all cracks are thoroughly worked out. After hardening, the plaster shall be carefully checked by being tapped for bond and soundness. Unbonded or unsound plaster shall be removed and replaced. Masonry and plaster shall be protected from too rapid drying by the use of burlap kept moist, or by other approved means, and shall be protected from the weather and frost, all as required. 4) Manhole Inverts: Manhole flow channels shall be constructed of concrete, sewer pipe, brick or precast, and shall be of semicircular section. Each manhole shall be provided with such channels for all connecting sewers. The inverts shall conform accurately to the size of the adjoining pipes. Side inverts shall be curved and main inverts (where direction changes) shall be laid out in smooth curves of the longest possible radius which is tangent to the centerlines of adjoining sewers. 5) Drop Manholes: Drop inlets shall be provided into manholes on sanitary sewers for incoming lines having inverts 2 feet or more above the inverts of the manhole outlet lines. Drop pipe and fittings shall be encased in masonry integral with the manhole and extending from the manhole base to the top of the incoming sewer. Diameter of drop manholes to be four feet at a minimum. TS-03 Page 5 of 11 I I I I I I I I I I I I I I I I I I I 07 08 6) Setting Manhole Frames and Covers: Manhole frames shall be set with the tops conforming accurately to the grade of the pavement or finished concentric with the top of the masonry and in a full bed of mortar so that the space between the top of the manhole masonry and the bottom flange of the frame shall be completely filled and made watertight. A thick ring of mortar extending to the outer edge of the masonry shall be placed all around the bottom flange. The mortar shall be smoothly finished to be flush with the top of the flange and have a slight slope to shed water away from the frame. Manhole covers shall be left in place in the frames on completion of other work at the manholes. 7) Setting Precast Manholes Sections Precast-reinforced concrete manhole sections shall be set so as to be vertical and with sections and steps in true alignment. All holes in sections, used for their handling, shall be thoroughly plugged with mortar. The mortar shall be I part cement to 11/2 parts sand; mixed slightly damp to the touch until it is dense and an excess of paste appears on the surface; and then finished smooth and flush with adjoining surfaces. STUB OUTS FOR FUTURE SEWERS Branches and fittings shall be laid by the Contractor as indicated on the drawings and/or as directed by the Engineer. Open ends of pipe and branches shall be closed with premolded gasket joint stoppers which confonn with the same requirements as pipe being used. TIE-IN OF EXISTING SEWERS Holes for new incoming pipe into existing manholes shall be machine cored neatly and carefully so as not to damage the structural integrity of the manhole and large enough to allow the insertion of a flexible rubber boot. Rubber boot shall be a PS 1 0 flexible gasket, manufactured by Press Steel Gasket Corporation, or approved equal. Bulkheads and Flushing: The contractor shall build a tight bulkhead in the pipeline where new work enters an existing sewer. The bulkhead shall remain in place until its removal is authorized by the Engineer. Care shall be taken to prevent earth, water and other materials from entering the pipe, and when pipe laying operations are suspended, the Contractor shall maintain a suitable stopper in the end of the pipe and also at openings for manholes. All sanitary sewer, except building connections shall be flushed with water in sufficient volume to obtain free flow through each line. All obstructions shall be removed and all defects corrected. As soon as possible after the pipe and manholes are completed on any line, the Contractor shall flush out the pipeline using a rubber ball ahead ofthe water. None of the flushing water or debris shall permitted to enter any existing sewer. TS-03 Page 6 of 11 I I I I I I I I I I I I I I I I I I I 10 09 SIDE SEWERS a. General 1) Side Sewer: , A side sewer shall consist of a sewer extending from a connection to the street or main sewer to its connection to the house sewer or other point as designated by the City Engineer. The side sewer connection to the street sewer shall be as follows: New 6" Wye fitting in street sewer with 45 degree elbow. The Contractor shall install a side sewer where shown on the plans or directed by the City Engineer and in accordance with the details shown on the plans. 2) Pipe Laying: Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall start and proceed up grade from the point of connection at the street sewer or other starting point. Pipe shall be laid in a straight line at a unifom1 grade between fittings on a unifom1 horizontal or vertical curvature achieved by deflecting pipe joints within the limits recommended by the manufacturer of the pipe used. 3) Fittings: All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and material as the pipe used. The maximum deflection permissible at anyone fitting shall not exceed 45 degrees (one-eighth) 1/8 bend. The maximum deflection of any combination if two adjacent fittings shall not exceed 45 degrees (one-eighth (1/8) bend) unless straight pipe of not less than two and one-half (2-1/2) feet in length be installed between such adjacent fittings or unless one of such fittings is a wye branch with a cleanout provided on the straight leg. FIELD TESTS a. Pipe Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way shall be rejected. Particular notice shall be made of the joints to be sure that a water-tight joint will be assured. TS-03 Page 7 of 11 I I I I I I I I I I I I I I I I I I I b. Joints, Alignment and Grade After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and checked for conformance with specified requirements. The pipe shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. c. Appurtenances All manholes and other appurtenances shall be of specified size, shape and materials. The work shall comply with these specifications and if found not so in any respect it shall be brought to proper condition at the expense of the Contractor. d. Infiltration Upon completion of a section of the sewer, the Contractor shall dewater it and conduct a satisfactory test to measure the infiltration or exflltration for at least three consecutive days. The amount of infiltration including "Y" branches, and connections shall not exceed 100 gallons per inch diameter per mile of sewer pipe per 24 hours for gravity sewer pipe. The amount of 50 gallons per inch diameter per mile of sewer per 24 hours shall not be exceeded for ductile iron pipe. The Contractor shall be responsible for the satisfactory water tightness of the entire section of sewer. As required, suitable bulkheads shall be installed to permit the test of the sewer. Where the ground water level is less than I foot above the top of the pipe at its upper end, or as directed by the Engineer, the sewer shall be subjected to exflltration testing by plugging the pipe at the lower end and then filling the pipelines and manholes with clean water to a height 4 feet above the top of the sewer at its upper end. The leakage out of the sewer, measured by the volume of the water necessary to maintain meter level in the highest manhole, shall not exceed 200 gallons per inch diameter per 24 hours per mile of sewer for gravity sewer pipe. The amount of 50 gallons per inch diameter per 24 hours per mile of sewer shall not be exceeded for ductile iron pipe. The sewer shall be tested before any connections are made to buildings or to active sewers. The Contractor shall construct such weirs and bulkheads as may be required, shall furnish all water, labor, test plugs, power, pumps, meters, and other equipment necessary for the test to be properly made. The Contractor may use a low pressure air test as an option to the hydraulic infiltration/exfilttation leakage test for gravity lines provided the Contractor established a correlation between the air test results and the quantity of infiltration/exfiltration actually being experienced by the line and the allowable air pressure drop shall be that corresponding to the allowable hydraulic leakage specified previously in this section. Such a correlation is to be established according to a procedure satisfactory to the'i~ngineer. The low pressure air test shall be performed in accordance with the applicable sections of the Uni-Bell UNI-B-6-90, latest version. TS-03 Page 8 of 11 I I I I I I I I I I I I I I I I I I I 13 14 If the Contractor opts to use the low pressure air test, leakage tests on manholes shall be conducted independently of the lines by using a hydraulic infiltrationfexfiltration test as directed by the Engineer. The allowable infiltration into the manhole over a 24 hour period is zero and the allowable exfiltration is also zero when tested by plugging off the manhole and filling it with water four feet above the top of the sewer and measuring the water loss over a 24 hour period. II RESTORATION OF PROPERTY The Contractor shall carefully restore all property defaced by operations and 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 driveways, walks, fences or other facilities in such manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent of the property owner until condemnation procedure, if necessary, has been completed. 12 CLEAN UP AND REPAIRING The sewers shall be kept clean during the progress of the work and upon completion shall be thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into the sewers or any deviation [rom proper grade or alignment such as to make the work, in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own expense. FINAL INSPECTION When the Contractor considers that all work has been completed, he shall then notify the Engineer who will carefully inspect all work and make such tests as to satisfy himself that evelY provision of the contract has been faithfully carried out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. MEASUREMENT AND PAYMENT Payment will be made at the unit contract prices as shown in the bid schedule under Sanitary Sewer. a. Measurement of Pipelines: Measurement of pipelines shall be the actual number of linear feet of pipe installed, complete in place and accepted. No deductions in length will be made for manholes. b. Measurement of Manholes: Meilsurement of manholes will be the vertical dimension to the nearest tenth of a foot from the invert of the outlet pipe to the top of the manhole cover ring casting. TS-03 Page 9 of 11 I I I I I I I I I I I I I I I I I I I c. Concrete Encasement: Concrete encasement will be paid for at the contract unit price, per cubic yard, for the actual volume of concrete placed, up to the volume of concrete required by the maximum dimensions for concrete encasement shown on the plans. Concrete in the excess of that volume will not be paid for. No separate payment will be made for any special fittings, tie-ins, or connections, nor will any separate paym'ent be made for normal bedding of sewer pipe. d. Service Lines: Service lines will be paid for at the unit contract price as shown in the bid schedule under Sanitary Sewer, complete as shown on the plans. e. Piping: All piping items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, and normal backfill. No additional payment shall be made for these items. f. Jack and Bore Line: Jack and bore line items shall be measured in linear feet and shall include costs for piping and installation, blasting, asphalt cutting, nom1al joints and gaskets, and normal backfill. No additional payment shall be made for these items. g. Miscellaneous Pipe Fittings: Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. h. Precast Manholes: Precast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, and normal backfill. No additional payment shall be made for these items. 1. Additional Sanitary Manholes: Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. TS-03 Page 10 of II I I I I I I I I I I I I I I I I I I I J. Sanitary Sewer Connections: Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and property restoration. No additional payment shall be made for, these items. k. Sanitary Sewer Manhole: Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. TS-03 Page 11 of 11 I I I I I I I I I I I I I I I I I I I 02 03 04 TECHNICAL SPECIFICATIONS 04 STORM SEWERS AND APPURTENANCES 01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of storm sewer pipe, structures and appurtenances, complete, in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. EXCAVATION. TRENCHING AND BACKFILLING All excavation, trenching and backfilling shall be as specified under the Section entitled "Excavation, Trenching and Backfilling". CONCRETE WORK All concrete work shall confom1 to the requirements of Section, "Concrete". APPLICABLE SPECIFICATIONS The latest edition of the following specifications fonn a part of this section of the specifications: a. American Society of Testing Materials (ASTM) Specifications: C 12 Installing Clay Sewer Pipe C 14 Concrete Sewer Pipe C 76 Reinforced Concrete Pipe C700 Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe C425 Vitrified Clay Pipe Joints Using Materials Having Resilient Properties C443 Joints for Circular Concrete Sewer and Concrete Pipe Using Flexible, Watertight, Rubber-type Gaskets C478 Precast Reinforced Concrete Manhole Risers and Tops TS-04 Page I of9 I I I I I I I I I I I I I I I I I I I 06 C 507 Reinforced Concrete Elliptical Culvert, Storm Drain and Sewer Pipe C 655 Reinforced Concrete D-Load Culvert, Storm Drain and Sewer Pipe C 361 Reinforced Concrete Low-head Pressure Pipe b. Federal Specifications SS-B0656 Brick, Building (Common) Clay 05 GENERAL The contract drawings indicate the extent and general arrangement of the storm sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. The drawing and these specifications shall be considered as supplementary, one to the other, so that materials and labor indicated, called for by the one and not the other, shall be supplied and installed as though specially called for on both. MATERIALS All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications. All pipe shall be furnished with "0" ring mbber gasket joints. Pipe 24" and smaller shall be in accordance with the following substitution schedule except where a specific type pipe is designated on the plans: Substitute Schedule Pipe Size Clav Pipe Concrete Pipe Reinforced Concrete 6" C-700-78A 8" C-700-78A 10" C-700-78A 12" C-700-78A 15" 18" 24" C-14-82 Ex. Str. C-14-82 Ex. Str. C-14-82 Ex. Str. C-14-82 Ex. Str. C-76-85A Class III C-76-85A Class III C-76-85A Class III C-76-85A Class III Reinforced Concrete: Pipe 15" and larger shall be reinforced concrete conforming to ASTM C-76, strength class as shown on the plans, Class III where not designated or ASTM C-655. Pipe designed for ASTM C-655 shall be designed for the specific installation, bedding and cover conditions for which it is intended. The Contractor shall submit with his proposal a preliminary design for this pipe. The design shall be based upon criteria of the American Concrete Pipe Association and shall have been reviewed by the Engineers of that Association. TS-04 Page 2 of 9 I I I I I I I I I I I I I I I I I I I 08 07 INSTALLATION a. Pipe Laying The bottom of the trench where the sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the Section, "Excavating, Trenching and Backfilling", to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the direction of the flow. Each pipe shall be laid true to the line and grade in such a manner as to form a close concentric joint with the adjacent pipe and to prevent offsets in the flow line. As the work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where cleaning after laying is difficult because of small pipe size, a suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joint is completed. If the maximum permissible width of the trench at the elevation of the top of the pipe is exceeded for any other reason that at the direction of the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe encasement or other bedding as is required by the Engineer to support the additional load on the pipe. Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench water, earth or other foreign substance can enter the line. All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. b. Jointing Vitrified Clay and Concrete Bell and Spigot Pipe: The jointing procedure for vitrified clay pipe having rubber gasket joints as specified hereinbefore, shall be recommended by the manufacturer of the joint material and approved by the Engineer. The Contractor shall furnish and install the joint complete, using such adhesive or lubricating substances as are recommended. Care shall be taken to prevent exposure of the gaskets to sunlight before installation. CONCRETE COLLARS. CRADLES. SADDLES AND ENCASEMENT General: Collars, cradles, saddles or encasement shall be constructed of concrete with a minimum 28-day strength of 3,000 psi. TS-04 Page 3 of 9 I I I I I I I I I I I I I I I I I I I 09 MANHOLES a. General: Manholes shall be constructed with cast iron frames and covers. The base of the manhole shall be constructed of concrete having a minimum 28-day compressive strength of 3,000 psi. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the size of the manhole will permit. Manhole steps shall be cast iron, NEENAH R-1980-M spaced at 1 '-0" o.c., or shall be the comparable product of equal width manufactured by Sumter Machinery Company. b. Brick Manholes: Brick for manholes shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. The brick shall be laid radially in header courses with the joint broken by staggering each successive course. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. c. Precast Concrete Manholes: Precast manholes consisting of precast risers and tops conforming to the requirements of ASTM C478 may be used in lieu of brick manholes. The precast top section shall be the eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess formed in the cast-in-place base slab and the outside of the joint shall then be sealed with a beveled fillet of mortar. The joints in the riser pipe shall then be sealed with Portland cement mortar. d. Brick Manhole Tops: The top of the manholes shall be topped out with brick. The nun1ber of curses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broken by staggering each successive course. After the manhole ring and cover has set in a bed of mortar on the top course of brick, the outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent any damage by freezing. TS-04 Page 4 of 9 I I I I I I I I I I I I I I I I I I I e. Manhole Steps: Manhole steps shall be installed in all sections of each manhole. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damage to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. f. Manhole Frames and Covers Manhole frames and covers in improved areas or streets shall be set flush with the finished grade. In unimproved areas or where no finish grade is established, the top of the frame and cover shall be set two feet above the existing ground unless otherwise directed. The words STORM SEWER shall be case on the manhole cover. g. Standard Frames and Covers Cast iron for manhole frames and covers shall conform to ASTM A48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. Standard frames and covers shall be Sumter Machinery Company Frame MF-800 and Cover No. MC-800 or the comparable product ofNeenah Foundry Company. 10 TRAPS a. General: The general location and type of trap are indicated; however, the final location and type of trap shall be in accordance with the direction of the Owner or Engineer during construction of the project. Traps may be located other than as indicated, added or deleted as necessary. b. Brick Boxes: Brick shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The inside of the box may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. c. Concrete: All concrete shall conform to the requirements of the Section "Concrete" of these spe~ifications. TS-04 Page 5 of9 I I I I I I I I I I I I I I I I I I I 12 d. Iron Castings: Cast iron for frames, covers, grates and hoods shall conform to ASTM A 48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every kind which render them unfit for the intlinded use. No plugging or filling shall be permitted. e. Frames and Covers: Standard frames and covers for traps shall be Sumter Machinery Company Frame MF-3 and Cover MC-5 with lugs or the comparable product ofNeenah Foundry Company. f. Grate Frame, Grate and Hood: Standard frame, gr<l;te and hood for hood-back traps shall be Sumter Machinery Company Frame C.F.F.-51, Grate C.B.G.-51 and Hood C.B.H.-51 or the comparable product of Sumter Machinery Company. II CONNECTING EXISTING STORM SEWERS a. Manhole or Trap Connections: Where existing storm sewer laterals pass through a new manhole or trap, the new structure shall be constructed around the existing sewer and the space around the sewer on each side of the manhole or trap shall be sealed with mortar or sealing compound to prevent infiltration between the existing pipe and the new wall. When the new storm sewer lines are completed and tested, the existing pipe inside the structure shall be carefully broken out and removed. The down stream end of the existing storm sewer shall be plugged at the wall of the structure with brick and mortar. b. Line Connections: At those locations where portions of the existing storm sewer laterals are to be removed and/or replaced with new laterals connecting to the new storm sewer collector pipe, manhole or trap, all connections shall be made in such manner as to prevent infiltration at those points of connection. The Contractor shall submit his connection collar detail for approval by the Owner and/or Engineer. The pipe to be removed shall be removed in such a manner as to prevent any dan1age to the pipe or joints left in place for inclusion into the new storm sewer piping system. The "downstream" storm sewer lateral left in place shall be plugged with concrete in such a manner as to seal the end of the pipe but prevent any concrete from intruding into or otherwise entering into the existing combined sewer pipe. PLUGGING ABANDONED PIPE LINES Existing .pipe lines to be abandoned in place shall be closed and sealed with a precast plug or masonry bulkhead coated with cement mortar plaster. TS-04 Page 6 of 9 I I I I I I I I I I I I I I I I I I I 14 13 FIELD TESTS a. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be crackec;t or damaged in any way that could not be repaired after installation, shall be rejected. Particular notice shall be made of the joints to be sure that a watertight joint can be assured. b. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and checked for conformance with specified requirements. The pipe shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. All gravity pipe lines are intended to be straight between manholes and a full circle of light shall be visible from one end to the other. Broken or cracked pipe shall be replaced with sound pipe and any deposit or protruding joint material shall be removed and the joint remade. d. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and materials; the work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition by cleaning, pointing or if necessary by rebuilding at the expense of the Contractor. INFILTRATION OR EXFILTRATION TEST All gravity pipe lines shall be subjected to an infiltration or exfiltration test. The Contractor shall provide at no additional expense to the Owner, all labor, supervision and measuring devices necessary to conduct the test as described herein. A maximum allowable rate of infiltration into sewer lines shall be limited to 200 gallons per 24 hours per inch of diameter per mile of sewer. This clause does not relieve the Contractor of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such steps as are necessary to bring the infiltration within the above allowance. The test for infiltration shall be made as follows: This test shall be made following a period of heavy rain and when the ground is saturated. The Engineer reserves the right to use his judgment as to whether or not the ground is sufficiently saturated to allow a satisfactory test. The Contractor shall provide and install all necessary weirs or other devices required to make the flow measurements. The test shall be made in the presence of and to the satisfaction of the Engineer. The Engineer may, at his option, order an ex filtration test in lieu of an infiltration test. The test shall be made as follows: The run of sewer to be tested shall be plugged and the line filled with water to 'a point approximately one foot below the top of the lowest manhole ring. After sufficient time has elapsed for air to bleed off and absorption to be complete, the water level in TS-04 Page 7 of 9 I I I I I I I I I I I I I I I I I I I 17 18 the manhole shall be measured at 30 minute intervals for two hours. The measured drop in water level shall then be translated into the amount of exfiltration. The rate of exfiltration shall be within the limits prescribed for the infiltration test. For pipe larger than 42" in diameter, the Contractor may elect to individually test the joints before backfilling by subjecting one side of the joint~ to 5 psi water pressure; under these conditions there shall be no visible leakage of the joint. 15 RESTORATION OF PROPERTY The Contractor shall carefully restore all property defaced by operations or acts 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 driveways, sidewalks, fences or other facilities, in such a manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent of the property owner until condemnation procedures, if necessary, have been completed. 16 CLEAN UP AND REPAIRING The sewers shall be kept clean during the progress of the work and upon completion shall be thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into the sewers or any deviation from proper grade or alignment such as to make the work, in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own expense. All materials, tools, temporary structures and excess excavation shall be maintained in a neat condition throughout the project and shall be removed, cleaned, smoothed, graded and/or finished in a workmanlike manner at the completion of the work. FINAL INSPECTION When the Contractor considers that all work has been completed, he shall then notify the Engineer who will carefully inspect all work and make such tests as to satisfy himself that every provision of the Contract has been faithfully carried out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. MEASUREMENT a. Storm Sewer Pipe I) Pipe smaller than 18" in diameter either shall be measured in place from center to center of manholes or structures or shall be measured in place from the connection to the new collector pipe to the connection with the existing lateral pipe, as appropriate. The depth of the cut shall be measured from ground surface at center line to pipe invert. TS-04 Page 8 of9 I I I I I I I I I I I I I I I I I I I 2) Pipe 18" in diameter and greater in diameter (including all arch or elliptcal pipe) shall be measured in place from outside face to outside face of structures or manholes. The depth of the cut shall be measured from the ground surface at the centerline to the pipe invert. b. Manholes The number of manholes to be paid for shall be the actual number of manholes, installed complete, including the frame and cover and accepted. c. Traps Single-wing, double-wing, hood-back and gutter inlet: The quantity to be paid for under this item shall be the actual number of each type installed, complete and accepted. d. Junction Boxes The number of junction boxes to be paid for shall be the actual number of junction boxes, installed complete, including the frame and cover and accepted. 19 PAYMENT a. General No separate payment will be made for excavation, trenching, backfilling, testing, restoration of property, clean-up, repairing or inspection or other items of work required to complete the work except as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items as set forth in the proposal. b. Storm Sewer Pipe Payment for each size and class of storm sewer pipe measured a specified above shall be paid for at the contract unit price per linear foot for the various depths of cut as set forth in the proposal. c. Drainage Structures Payment for headwalls, inlets, manholes, junction boxes and the like will be made on the basis of the applicable unit prices as set forth in the proposal. This payment shall be considered full compensation for all materials, excavation and backfill necessary to complete the structure. d. Tie to Existing Structure The' connection of new pipe to an existing drainage structure will be paid for on a unit price basis as set forth in the proposal. TS-04 Page 9 of9 I I I I I I I I I I I I I I I I I I I 02 03 04 TECHNICAL SPECIFICATIONS 05 CONCRETE 01 CURB AND GUTTER Concrete curb and gutter shall be placed in accordance with Section 441 of the Specifications of the State Highway Department of Georgia, current edition and Supplemental Specifications. SIDEWALKS Concrete sidewalks shall be placed in accordance with Section 441 of the Specifications of the State Highway Department of Georgia, current edition and Supplemental Specifications. CONCRETE TEST The Contractor shall obtain the services of an approved Testing Laboratory and submit copies of test reports on all concrete poured. Two (2) cylinders per 50 cubic yards of concrete poured and not less than two for each day's pour shall be tested for 7, 14 and 28-day strength. MEASUREMENT AND PAYMENT a. Concrete Sidewalk: Concrete sidewalk shall be measured in square yards and shall include costs for concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made for these items. b. Curb and Gutter: Curb and gutter replacement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, fom1work, and finishing. No additional payment shall be made for these items. TS-05 Page I of I I I I I I I I I I I I I I I I I I I I 02 03 TECHNICAL SPECIFICATIONS 06 WATER DISTRIBUTION 01 SCOPE The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and appliances and in performing all operations in connection with installation, testing and sterilization of under-ground pipe, valves, fittings and appurtenances for the water distribution system, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the contract. Any deviations from the plans (specs., materials and drawings) approved by the Planning and Zoning Commission must be reviewed and approved in writing by the City Engineering Department prior to beginning construction. Any installation made without approval shall be removed at the contractor's expense. NOTIFICATION Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a water line. Construction of water infrastructure will be authorized by the Utilities Department upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours prior to starting construction (706-772-5503). Where water lines will encroach public right-of-way, a Right-of-Way Encroachment Permit approved by the Public Works Department is required prior to construction. A Right-of-Way Encroachment Pem1it application is available through the Public Works Department (706-821-1706). SPECIFICATIONS (MATERIALS) a. Water Main: Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (PVC), or galvanized pipe as outlined below. Any pipe, solder and flux used during installation of the water lines and services must be "lead-free" with not more than 8% lead in pipe and fittings, and not more than 0.2% lead in solders and flux. DIP shall be centrifugally cast and shall conform to A WW A C 150/ ANSI A21.50 (latest version) for design and A WW A C 151/ ANSI A21.51 (latest version) for manufacture. PVC pipe 6 inch to 12 inch diameter shall conform to A WW A C900 (latest version). PVC pipe 14 inch to 36 inch diameter shall conform to A WW A C905 (latest version). For water mains 6" through 16", DIP Pressure Class 350 shall be allowed. For water mains 18" through 24", DIP Pressure Class 300 shall be allowed. PYC C900 (most current date), Class 200, SDR-14 with cast iron equivalent a.D.s, gasket bell end with elastomeric gaskets TS-06 Page 1 of II I I I I I I I I I I I I I I I I I I I shall be allowed for water mains 6" through 10" (solvent weld joints are not permitted). Galvanized pipe shall be seamless, American made, Schedule 80 and shall conform with the ASTM Specifications. Flanged DIP shall have threaded ductile iron flanges and shall conform to the requirements of A WW A C I 15 (latest version). All flanges shall be Ductile Iron Class 150, ANSI B 16.5 (latest version). Flanges shall be flat faced and all joints shall use 1/8 inch black neoprene full-faced gaskets. Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in accordance with A WW A C104/ANSI A21.4 (latest version). DIP shall have 1/16" cement mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall conform to A WW A C I I I /ANSI A2 1. I I (latest version), and shall be fumished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installing the pipe. The lubricant shall be approved by NSF for use with potable water mains. Pipe classes designated previously in this standard are minimum allowed. Actual pipe class shall be determined based upon the installation and the use intended. Pipe shall be appropriately labeled on the drawings. All PVC pipe for potable water service shall bear the approved stamp of the National Sanitation Foundation. Copper wire (12 gauge, bare single strand) shall be attached along the top of all buried PVC water lines, wrapped around service corporations and stubbed up into all valves boxes for locating purposes. I) DIP shall be required in the following circumstances: a) Within 10 feet of sanitary and storm pipes. b) Within 15 feet of structures (near side of concrete footing), or top of bank of lakes/streams/creeks. c) Crossings over or under sewers, gas and storm pipes with less than 18 inches separation, with no joint allowed within 10 feet of crossing. d) Beneath all paved areas, excluding driveways or sidewalks. e) Within project boundaries of subdivisions with private roads where the Utilities Department will take over the line for operations and maintenance. f) Along all state right-of-ways. 2) The Utilities Director may mandate DIP in any instances of off-site or on-site construction where future abuse to the line is possible due to location or circumstances. TS-06 Page 2 of 11 I I I I I I I I I I I I I I I I I I I 3) Restrained Joints shall be DIP as follows: For 12-inch and Smaller - Restrained joint shall be U.S. Pipe Field Lok, American Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product. For 14-inch Diameter and Larger - Restrained joint shall be U.S. Pipe TR Flex, I American Ductile Iron Pipe Lok-Ring, or equivalent product. If inserting in older cast iron pipe, the restrained joint shall be as approved by the Augusta Utilities Department. Retainer GlandslMega-Lug shall not be considered a fitting. The restraint method shall be suitable for the pipe size thickness and test pressure as required for the specified design case. The plans shall indicate the restrained length of pipe each side of the fittings. b. Water Service Lines No direct service taps shall be allowed. All service line taps shall be supplied with corporation stops. Service line tubing shall be rolled of soft continuous and seamless copper Type K conforming to A WW A C800 and ASTM B-88 (latest version). Corporation Stops and Main COlmectors: 3/4" FB600 - 3 Ford or Equal I" FB600 - 4 Ford or Equal Taper Thread Inlet by Flare Copper Outlet Eighth Bends: 3/4" LA02 - 33 Flare 1/8 Bend 3/4" LA04 - 33 Compression 1/8 Bend I " LA02 - 44 Flare 1/8 Bend 1" LA04 - 44 Compression 1/8 Bend Minimum size for residentia~ use shall be one (I) inch. The service line shall be laid in a straight line and be of a continuous piece of pipe from corporation to curb cock. The curb cock shall be located 6 inches behind and 8 inches below the top of new curb or edge of asphalt. Where service connects to DIP or any pressure-rated pipe, service saddles must be used. Brass double strap tapping saddles shall be used. U-bolt type straps are not acceptable. All water service taps on the main shall be spaced at a minimum distance of 18 inches apart and a minimum of 18 inches from a bell or fitting. If two or more taps are required at a minimum spacing, they shall be offset 450 alternatively. Services greater than one' (I) inch shall be seamless galvanized. 2" services shall have two 2" 90-degree galvanized elbows per Augusta Utilities' 2 Inch Water Service detail. TS-06 Page 3 of 11 I I I I I I I I I I I I I I I I I I I Services shall not exceed over 100 feet ftom the main to the meter. Where possible, meter shall be placed in unpaved area as close to the water main as possible. c. Valves Valving of all water distribution systems shall be designed to facilitate the isolation of each section of pipeline between intersections of the network. Generally, the number of valves at an intersection shall be one less than the number of pipes forming the intersection. Gate valves, 4 inches to 12 inches, shall be the resilient seat type conforming toA WW A C509 (latest version). Valves larger than 12 inches shall be gear operated butterfly valves, con- forming to A WW A C504 (latest version). Wafer valves shall not be accepted. Valves shall generally be installed at intervals of not more than 2,000 LF on transmission mains and on all primary branches connected to these mains. Where possible, a valve shall be installed next to a fire hydrant for locating purposes. In high density areas (25 dwelling units), valves shall be installed as necessary to minimize the number of persons affected by a water main break. The Utilities Director shall determine which mains are distribution or transmission. Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RIGHT if installed north of Gordon Highway. Valves shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet. d. Valve Boxes Valve boxes shall be M&H E-2702, Mueller HI0364 or approved equal. Each valve box shall be slip-type to adjust for a minimum cover of 36" bury. The flanged base of the valve box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be required for additional depth over valves. Extensions shall be M&H E-3120 or Mueller H-I0375. Covers shall have "WATER" cast on top. e. Meter Boxes Meter boxes shall be Rome type, 10" x 19" x 10" cast iron box and lid. The top shall have cast ribs on the bottom side with four (4) legs to prevent sliding movement. The box shall have a minimum weight of 3 7 lbs., for meters I 1/2 inch or smaller. Meter and curb stop shall be fully encased by the meter box. Meter vaults (for meters 2 inch and larger) shall be fabricated of masonry block or pre-cast reinforced concrete using 3,000 psi concrete and #4 rebar. The access hatch shall be made of heavy duty aluminum, and shall be hinged and lockable. The hatch shall be large enough for removal of the meter but no smaller than 48" x 36". Wall dimensions shall allow 2 feet of working clearance. Vault floors shall be no less than 4 inches thick with 3,000 psi concrete and #4 rebar, with the meter located no less than 18 inches off the floor. TS-06 Page 4 of 11 I I I I I I I I I I I I I I I I I I I f. Fire Hydrants Fire hydrants shall be provided in all water mains, transmission and distribution systems. Accepted models are Mueller #A-24018, M&H Figure 29T A WW A Compression Type-Dry Top-Traffic Model 150 psi working pressure, 300 psi testing pressure. Kennedy K81 D will also be accepted. All fire hydrants shall.be ordered safety yellow body with white bonnet and caps. Fire hydrants shall be spaced such that the radius of protection will not be more than 500 feet. In certain areas, closer spacing may be required by the Fire Marshal. Each hydrant shall be left turn opening and capable of delivering a flow of at least 500 gallons per minute with a residual design pressure of not less than 20 psi, or a higher flow as required by the Fire Marshal. Multiple fire hydrants with looped mains and/or larger main sizes may be required to provide water for higher flow demand. Flow tests shall be performed to verify the specified fire flow demand. Fire hydrants shall be of the dry barrel break-away type conforming to A WW A C502 (latest version), with two 2-112 inches threaded hose nozzles and one 4-112 inch threaded pumper nozzle. Hose and pumper nozzle threading shall be national standard. Show connection shall be 6-inch mechanical joint. The center line of the nozzles shall be 18 inches above the finish grade. Hydrants shall have a 5-1I4inch interior valve opening and be restrained from hydrant to tee at the main. At the discretion of the Utilities Director, additional protection for fire hydrants shall be provided including but not limited to concrete filled ductile iron traffic posts. Fire hydrant branches (from main to hydrant) shall be a minimum of 6 inches ID. Each branch shall be provided with a resilient seat gate valve located as close as possible to the main. Hydrants shall be located at or near road right-of-way lines with pumper nozzle pointing toward the road. A clear zone around all fire hydrants shall be adhered to, consisting ofa 5 foot radius around the hydrant and 7 feet above the top of the hydrant. Maintain 15 feet minimum from hydrant to all structures. Placement of landscaping, fencing, etc. shall be considered in order to meet this clear zone requirement. List of Specifications: ANSVAWWA C500-93 1993 or latest version Metal-Seated Gate Valves for Water Supply Service (includes addendum C500a-95 ANSVA WW A C502-94 1994 or latest version Dry-Baffel Fire Hydrants (includes addendum C502a-95) ANSV A WW A C503-97 1997 or latest version Wet-Barrel Fire Hydrants ANSV A WW A C504-94 1994 or latest version Rubber-Sealed Butterfly Valves TS-06 Page 5 of 11 I I I I I I I I I I I I I I I I I I I 04 05 ANSVA WWA C507-99 I-DEC-1999 or latest version Ball Valves 6 in. through 48 in. (150 mm through 1200 mm) ANSV A WW A C508-93 1993 or latest version Swing-Check Valves for Waterworks Service, 2 in. (50 mm) through 24 in. (600 mm) NPS (includes addendum C508a-93 ANSV A WW A C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) ANSV A WW A C550-94 1990 or latest version Protective Epoxy Interior Coating for Valves and Hydrants 1. Tapping Sleeves Tapping sleeves and tapping crosses shall be of a heavy body ductile iron, mechanical joint suitable for a working pressure of 150 psi for sleeves and crosses larger than 14-inch (200 psi for sleeves and crosses equal to or less than 14-inch), as approved by the Augusta Utilities Department. EXCAVATION. TRENCHING AND BACKFILLING Excavation, trenching and backfilling shall be in accordance with Section, "Excavation, Trenching and Backfilling". INSTALLATION a. General Installation of pipe, valves, fittings and appurtenances shall be in accordance with the applicable provision of the specified sections of the following specifications. Minimum cover over top of pipe shall be 36 inches or as indicated on plans. A horizontal separation of at least 10 feet must be maintained between the water main and the existing or proposed sewer. When water mains cross sewers, a minimum vertical separation of 18 inches must be provided between the two (2) pipes (measured edge to edge). At crossings, one full length of water pipe must be located so that both joints are as far from the sewer as possible. I. Iron Pipe - A WW A specifications C600-64. Installation of cast iron water mains, Sections 7, 9b through 13. 2. PVC Pipe - Same as above for iron pipe. 14 gauge copper wire will be buried above the pipe and wrapped around valves and fittings to insure continuity. TS-06 Page 6 of 11 I I I I I I I I I I I I I I I I I I I b. Water Meter Service 1. Taps Taps shall be made on the upper half of the water main at angle of 45 degrees from vertical. The trench for the service line shall be excavated to a depth which will insure a minimum cover of 30 inches below finished grade. The new copper line shall be laid in a straight line insofar as possible from the corporation cock to the curb cock. The curb cock shall be located 12 inches behind the back and 8 inches below the top of the new curb or raised edge asphalt. A plan of typical water meter services is incorporated in the plans. Service taps on mains in subdivisions shall be made so that service lines will be located in the center of proposed lots. 2. New Water Meter Service on New and Existing Mains A new water meter service shall consist of the following: (a) I" tap in water main and double-strapped tapped saddle if on PVC pipe. (b) 1" corporation cock installed in main. (c) I" main connector, optional. (d) I" copper tubing from main connector. (e) I" service ell. (f) 1" curb cock. Refer to Section TS-06, Page 6 of these specifications on material. 3. Meter Service Renewal on Existing Main Meter service renewal shall consist of relocating the existing meter and box to location shown on the plans or as directed by the City Engineer; installing a new I" copper line with required fitting and adapters from the existing corporation cock in water main to the water meter; reconnecting the water meter to existing house service with pipe and fitting of same size and type as existing house service, complete. 4. Water Meter Service Adjusted Where a conflict exists between the existing meter services and the new curb and gutter, etc., the contractor shall adjust grade and make extension as required using existing pipe and fitting or furnishing new pipe and fitting of same and materials as existing as . required. TS-06 Page 7 of 11 I I I I I I I I I I I I I I I I I I I 5. Extending Services Existing copper services, at the discretion of the Inspector, can be extended by using 4 copper to copper couplings. All new material (service ell, curb cock and copper) shall be used and shall be of equal size to the existing service to be extended. c. Valves Before setting each valve, make sure the interior is clean and test opening and closing. Set valves and stops with stems plumb and at the exact locations shown. Valve and service boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a distance of 3 feet on all sides of the boxes. Tap connection to existing mains shall be kept closed until after the line is tested, sterilized, flushed, and accepted for service. d. Fire Hydrant and Laterals Before setting, remove foreign material from barrel and test for opening and closing. Set hydrant pump with hose nozzles 18 inches above finished grade and 24 inches behind the curb. The hydrant shall be set at a height so that the backfill or final grading will be at the bury line. The fire hydrant shall be set a minimum of3.0 ft. from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be cast iron or ductile with 6" M. 1. Valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from the barrel. Tie rods, concrete and retainer glands shall be used for blocking. After installation, all hydrants shall be given a touch-up coat of paint and two (2) field coats of high grade paint of the color specified by the City Engineer. e. Reaction Blocking All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction blocking as shown on the drawings. Reaction blocking shall be made to bear directly against the undisturbed trench wall. Where trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately anchor the piping as shown on the drawings. All the rods and clamps shall be given a bituminous protective coating. f. Water Mains Cut and Plugged After new main and services have been installed, sterilization test completed and meters connected, existing water mains will be cut and plugged as directed by the City Engineer. g. Water Mains cut and Plugged The Contractor shall cut and plug existing water mains where shown on the plans or required for.the installation of new work, using a plug, cap or solid sleeve, as directed by the City Engineer, complete with reaction blocking. TS-06 Page 8 of 11 I I I I I I I I I I I I I I I I I I I 07 08 h. Tapping Sleeve and Valve The Contractor shall install a tapping sleeve and valve of proper size and type on the existing water main, tap main and install valve box. The outside of the tapped main shall be cleaned just prior to installation ofthe tapping sleeve. (Refer to Section 03, para. i.) 06 CLEANING AND FLUSHING Upon completion of installation, the mains shall be flushed and the water disposed of without creating a nuisance. Flushing must achieve a minimum water velocity of 2.5 fps in all portions of the pipe. The duration of the flushing will be determined by the Augusta Utilities Department's Inspector. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficient water available for proper flushing, the Contractor shall clean the lines by pigging. No flushing or cleaning shall take place without an Augusta Utilities representative present. The existing mains that the new mains are connected to may be required to be flushed under the direction of the Augusta Utilities Department when service is restored. TESTING AND STERILIZATION All water mains shall be leak tested. The Contractot/Developer shall provide all equipment, materials and labor necessary for pressure and leak testing. This test must be observed by an Augusta Utilities Department representative and the design engineer. A pumping pressure of200 psi must be supplied at the expense of the Contractor/Developer. The main tested shall either be isolated from active potable lines or protected from leakage by a double valve arrangement. All water used for pressure testing must be potable water with an adequate chlorine residual. Water lines shall be tested by valve sections. Maximum allowable leakage shall be as determined in accordance with current A WW A specifications. The standard duration of test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria. The pressure and leakage test shall be done concurrently. "DRY BORE AND JACK" METHOD a. Materials I. Casing Pipe The casing pipe shall conform to the materials standard of ASTM Designation A252, with minimum wall thickness of 0.219 inch. Steel pipe will have a minimum yield strength of 35,000 psi. .. Casing pipe shall be joined together with welded joints. 2. Carrier Pipe . Carrier pipe shall be restrained joint DIP. TS-06 Page 9 of 11 I I I I I I I I I I I I I I I I I I I 09 Casing pipe used with jack and bore shall be in accordance with requirements of the Georgia Department of Transportation (GDOT) or railway specifications and Section 14C Excavation & Backfilling of these specifications. 3. Installation The steel casing shall be installed by the "Dry Bore and Jack" method. If voids shall develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately one (1) inch, remedial measures will be taken as approved by the City Engineer. When installing water line through casing, the Contractor shall use mechanical joint pipe with retainer glands throughout length of casing. The water main shall be strapped to 8-foot long treated wooden skids with metal straps throughout length of casing. The ends of the casing shall be sealed with brick and mortar. SALVAGE MATERIAL All existing pipe, fittings, valve boxes, etc., removed during installation of water system improvements and not reused on the job shall be delivered to Waterworks Operations Department, 2822 Central Avenue and placed at location directed by the City Engineer. 10 MEASUREMENT AND PAYMENT a. Piping: All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, norn1al joints and gaskets, and normal backfill. No additional payment shall be made for these items. b. Jack and Bore: Jack and bore line items shall be measured in linear feet and shall include costs for piping and installation, blasting, asphalt cutting, normal joints and gaskets, and normal backfill. No additional payment shall be made for these items. c. Miscellaneous Pipe Fittings: Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. d. Fire Hydrants: Fire'hydrants shall be measured individually (each) and shall include costs for hydrants, soil surface preparation, connection to water main, all associated valves and fittings, concrete pad TS-06 Page 10 of II I I I I I I I I I I I I I I I I I I I (if required), excavation, asphalt/concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. e. Valve Lines: All valve line items shall be measured in(lividually (each) and shall include costs for valves, valve boxes/vaults, valve extensions, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be made for these items. f. Tapping Sleeve and Valves: Tapping sleeve and valves shall be measured individually (each) and shall include costs for sleeve, valve, associated hardware, temporary plugging/draining of pipeline, excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. g. Water Service Connections: Water service connections shall be measured individually (each) and shall include costs for piping, water meter connection, dewatering, asphalt/concrete cutting, installation, normal backfill, and property restoration. No additional payment shall be made for these items. TS-06 Page 11 of II I I I I I I I I I I I I I I I I I I I 03 04 05 TECHNICAL SPECIFICATIONS 07 BITUMINOUS PAVING 01 SCOPE This section covers a bituminous tack coat, leveling course and a hot asphaltic concrete surface course, complete. 02 REFERENCE All reference sections and articles refer to Department of Transportation, State of Georgia, Standard Specifications, Construction of Roads and Bridges, 1993 Edition and all Supplemental Specifications. CLEANING AND EXISTING SURFACE Before beginning the application of any hot mix asphaltic concrete pavement, the existing surface shall be cleaned and free of all surface dust and all other loose and foreign materials which would keep the bituminous material from adhering to the base. LEVELING COURSE After cleaning has been completed, leveling course shall be applied in areas designated by the Engineer. The asphalt concrete leveling course shall be Type fiG" in accordance with Department of Transportation Specifications. Water valves, manholes, etc., shall then be raised as required to receive surface course. a. Material and Construction Material and construction shall conform to requirements of Section 400.05.4 of Georgia Department of Transportation Specifications. BITUMINOUS TACK COAT a. Material and construction shall conform to requirements of Section 413 of Department of Transportation Specifications. b. Quantity per square yard: .06 gal. per square yard. TS-07 Page I of 3 I I I I I I I I I I I I I I I I I I I 07 08 06 ASPHALT CONCRETE SURFACE COURSE The asphalt concrete surface course shall be "E" mix and of2" compacted thickness, or match the existing surface thickness (compacted). a. Materials The materials to be used shall be in accordance with the following sections ofthe Georgia Department of Transportation Specifications: Asphalt Cement Section 820- Table 820-1 Coarse Aggregate for Asphaltic Concrete Section 802.02 Fine Aggregate for Asphaltic Concrete Section 802.01 Mineral Filler Section 883 b. Application Apply asphalt concrete surface course in accordance with applicable requirements of Section 400 of the Georgia Department of Transportation Specifications. Mill existing pavement as necessary to provide positive drainage to gutters and corresponding catch basins/curb inlets in accordance with applicable requirements of Section 441 of the Georgia Department of Transportation Specifications. TESTS The Contractor will be required to furnish all necessary samples of material for testing to demonstrate conformance to these specifications. The City will engage the Department of Transportation to make all tests, which reports will determine the suitability ofthe material. Samples ofthe plant mix will be taken during the course of construction. MEASUREMENT AND PAYMENT a. Asphalt Overlay Asphalt overlay shall be measured in tons and shall include costs for asphalt materials and installation, striping (both ~emporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. TS-07 Page 2 of 3 I I I I I I I I I I I I I I I I I I I c. Concrete Roadway Cap and Asphalt Patch Concrete roadway cap and asphalt patch shall be measured in square yards and shall include costs for concrete, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. d. Aggregate Base and Asphalt Patch Aggregate base and asphalt patch shall be measured in square yards and shall include costs for all aggregates (regardless of type), asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). No additional payment shall be made for these items. e. Bituminous Tack Coat Bituminous Tack Coat shall be measured in gallons and shall include costs for material and installation. f. Milling Milling shall be measured in square yards and shall include all materials, labor, equipment and material removal and disposal costs. No additional payment shall be made for these items. TS-07 Page 3 of 3 I I I I I I I I I I I I I I I I I I I 02 03 TECHNICAL SPECIFICATIONS 08 FLOW ABLE FILL 01 SCOPE The work covered by this section of the specifications consists of furnishing all labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of flowable fill work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms and conditions of the Contract. Prior to the use of flowable fill, approval must be obtained by the City/County Engineer in writing, on a case by case basis. FLOW ABLE FILL MIX DESIGN The mixes fall into the categories of "very flowable" and "less flowable," which is controlled by the amount of water that is added. The less flowable mix should be used when it is desirable to put traffic back on a roadway quickly (usually 8 to 10 hours) or when being used to backfill pipes which could "float" out of position due to the buoyant effect of the very flowable fill mix. This mix will still self-consolidate around pipes without any "honeycomb" areas. Adding water to flowable fill to obtain the desired plastic characteristics will not compromise the quality of the hardened flowable fill. Less Flowable Mix (Mix 1) Weights Min. 50 lbs. Min. 600 Ibs. SSD 2500 Ibs. 55 gal. 458 lbs. Total Cubic Feet = Volume Cement Fly Ash Sand Water Reference ASTM C150, Type I or II AI,3TM C618, Class C 0.25 4.24 15.17 7.34 27.00 Clean, potable, < 500 ppm chlorides Above values are based on specific gravities - cement 3.15, fly ash 2.27, sand 2.64, and water 1.00. Anticipated unconfined compressive strength is 80 psi at 28 days and 150 psi at 56 days. INSTALLATION OF FLOWABLE FILL The trench shall be prepared and the pipe joints placed as normal. There should be at least 6 inches of flowable fill above any utility line. Once the pipe is covered, it will be sufficiently anchored and water may be added to the remaining flowable fill to ease placement without danger of floating the pipe. rfit is important to quickly return traffic to the roadway, the flowable fill mixture shall not be altered by the addition of water. TS-08 Page 1 of 2 I I I I I I I I I I I I I I I I I I I 04 The flowable fill may be discharged directly from the ready-mix truck into the space to be filled, or by other methods approved by the Utilities Department representative. The mix may be placed in part depth or full depth as conditions at the site dictate. Formed walls or other bulkheads shall be constructed to withstand the mounded soil rather than wood or metal forms. When backfilling utility lines, flowable fill shall be distributed ~venly to prevent any movement of the line. The material is self-consolidating and there is no need to use vibrators. Finishing can be accomplished with a square shovel if the fill surface is at the bottom of pavement or with a wood float if the surface will be temporarily used as a finished surface. Once flowable fill is in the trench, the self-consolidating material displaces the extra water not needed for maximum density. Provision shall be made for this 'bleed water" to run off and away from the surface of the hardening flowable fill (use of vapor barriers such as plastic sheets is not desired). The material will usually support foot traffic within an hour after the bleeding ends. Typically, full traffic can be allowed on the hardened flowable fill within 8 to 20 hours (depending on site conditions, volume to be backfilled, etc.) without damage to the fill or any structures below. If it is necessary to return traffic in less than 8 hours or if there is concern that traffic flow will 'rut' the hardening flowable fill, steel plates shall be used to bridge over the hardening flowable fill as directed by the Utilities Department representative. If the filled cavity is too wide to bridge, steel plates shall be placed on top of the hardening flowable fill as soon as it is able to support foot traffic (one hour after bleeding ends), and full traffic can be allowed without damage to the fill or the structure below. As the extra water is displaced from the consolidating flowable fill, there will be an initial subsidence of about one-eighth (1/8) of an inch per vertical foot. Once the flowable fill hardens, there will be no future settlement. The hardened flowable fill can be shaped to grade the next day to allow the patch thickness required. The patch may be applied directly to the cured flowable fill. It will be the responsibility of the Contractor to furnish the necessary inforn1ation to obtain approval of the mix design and to use the necessary construction techniques to assure that the finished material will perform as intended. MEASUREMENT AND PAYMENT a. Flowable Fill: Flowable fill shall be measured in cubic yards and shall include costs (or all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. TS-08 Page 2 of 2 I I I I I I I I I I I I I I I I I I I 03 TECHNICAL SPECIFICATIONS 09 FINISH GRADING AND GRASSING 0] SCOPE Work under this section shall consist of finish grading, fertilizing and grassing the construction area and other areas disturbed by the Contractor's operations, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the contract. 02 FINISH GRADING Finish grading shall consist of finishing off to a uniformly smooth surface free from abrupt irregular surface changes, all areas disturbed by Contractor's operations within the permanent and temporary easement area. The degree of smoothness shall be that ordinarily obtainable from power grader operation. The finished surface shall not be more than 0.25 feet above or below the established grade. There shall be no roots, wasted building material, trash or other unsightly matter projecting through or visible at the surface. SODDING All areas disturbed by the Contractor's operations shall be sodded. Sod shall be nursery grown and be of the same species of grass as the adjoining area. a.' Topsoil Topsoil where required is to be provided by the Contractor. It shall be a sandy loam with a dark gray to grayish brown color and very friable. It shall have a minimum organic content of one percent, a pH at 4.5 to 6.0 and be taken from the top 12 inches of its site location. The soil shall be free of subsoil, brush, weeds, stones, roots, stumps or any other substance that might harm plant growth. The assistance of the local agricultural agent is recommended. b. Fertilizer Fertilizer shall be of a mixture recommended for the species of sod, commercially mixed, conforming to the fertilizer laws of the State of Georgia. Application shall be in accordance with the manufacturer's recommendations. TS-09 Page I of 2 I I I I I I I I I I I I I I I I I I I 05 06 c. Watering Sod Watering shall be started immediately after completing each day of sodding. Water shall be applied at a rate sufficient to ensure moist soil conditions to a minimum depth of one inch. Run-off and puddling shall be prevented. 04 PROTECTION Newly graded and sodded areas shall be protected from the action of the elements and any settlement or washing that may occur from that or any other cause prior to acceptance of the work shall be repaired and grades re-established to the required elevation and slopes at the Contractor's expense. MAINTENANCE Maintenance of the sodded areas shall be furnished under this contract for a period of sixty days after the completion of the work. Sodding shall be required where previous planting did not grow at the Contractor's expense. MEASUREMENT AND PAYMENT a. Sod: Sod shall be measured in square yards and shall include costs for materials, installation, transportation, and stockpiling. No additional payment shall be made for these items. b. Grassing: Grassing shall be measured in acres and shall include costs for both temporary and permanent grass seed (type as specified), installation, soil stabilization, and soil amendments (fertilizer, etc.) as required. No additional payment shall be made for these items. TS-09 Page 2 of2