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Home My WebLink AboutBelair Hills Estates Augusta Richmond GA \ DOCUMENT NAME: be\Q\Y \-\ \\ \3:> b~-\-a.+.e.~ DOCUMENT TYPE: ~CX\t(CA~+- YEAR: ~Ci ) BOX NUMBER: 8 PILE NUMBER: \~3\6> . t NUMBER OF PAGES: \cY6 I I I ,I I !I I I I I I I I I' I I I I I' I Contract Documents & Specifications for BflAll! "IllS fSTAT[S (Water System Improvements) Prepared for: Augusta I!ichmond County Board of Commissioners " BoJ Z/0tUtrf, M~ ..eee. N. B~, M~ PIW <J~ q.~ ..e. cII~, :JJubud.2 g~ c. g~, :/)ubud 3 RickvuI. e~, :JJubud 4 cIIuvu; B~, :JJubud 5 j.B. Powell, :JJubud 6 jelVuf B~, :JJubud 7 't(~ B~, :JJubuci 8 'WdLiam cII. Jl1~, !J!J!J, :JJubud 9 'kJdLiam B. K~, j~., :JJubud 10 Prepared By: J~ q. gwi/i c. ,(/~ e~c~ 1.206!J~ P~ t:l~, qt:l 30909 June 1999 I I I' I I I ,II I, Iii I ;1 'I ,I' I >> I' I - I, Contract Documents & Specifications for B[IAII! "ILL5 [5TAT[5 (Water System Improyements) Prepared for: Augusta I!ichmond County Board of Commissioners BoIJ. 'lj0<<.Wj, JvfatpJ4 .eeelV. BeaMi" JvfatpJ4 PIW <J~ IJ}.~ .e. dI~, ~ubuci.2 g~ e. g~, ~ubuci 3 RickvuJ, e~, ~ubuci 4- dleiVUf B~, ~ubuci 5 j.B. P~, ~ubuci6 jelVUf B~, ~ubuci 7 'UlHun B~, ~ubuci 8 'W~ dI. Jvf~, !J!J!J, ~ubuci 9 'W~ B. K~, #4., ~ubuci 10 Prepared By: j~ q. Swi/j Illl~ e~e~ 1.206!J~ P~ Il~, qll 30909 June 1 999 II 'I (I' I I I I J I I I I I, '1\ :1 ,I' I .1 I TABLE OF CONTENTS S~~~~tlT ADV Advertisement for Bids IB Instructions to Bidders P Proposal BB Bid Bond NA Notice of Award A Agreement PB Performance Bond & Labor and Material Payment Bond COA Certificate of Owners Attorney NP Notice to Proceed GC General Conditions SGC Supplemental General Conditions SC Special Conditions TS Technical Specifications , . -''''', ... ................ ," ," ................-.......-.......'.........', ," ::..i~qg~N;q... . .. ." ..... . . . 1 1-4 4 1-2 1 1-3 1-4 1 1 1 - 54 1 - 3 1-4 1 - 27 II Ii II I I >> 'I, II II ,I a. ,I :1 , .; I , ,II I ,I ,a, I ADVERTISEMENT FOR BIDS SEALED BIDS for the construction of the Belair Hills Estates (Water System Improvements) at Augusta, Georgia, including together with appurtenances, hereinafter referred to by project name as BELAIR HILLS ESTATES (Water System Improvements) Bid Item #99-088 will be received by AUGUSTA-RICHMOND COUNTY COMMISSION hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until 11 :00 a.m. on the 22nd day of June, 1999, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of the Augusta Richmond Utilities Engineer/Director, hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the office of the Augusta Richmond Utilities, 2760 Peach Orchard Road, Augusta, Georgia; at the office of Augusta- Richmond County Purchasing Dept., Room 605, Municipal Building, Augusta, Georgia; at the office of James G. Swift & Associates, 1206 Interstate Parkway, Augusta, Georgia; and at the following locations: The F. W. Dodge Division Plan Room Augusta, Georgia Augusta Builders Exchange Augusta, Georgia CSRA Business League Augusta, Georgia Copies may be obtained at the office of James G. Swift & Associates upon payment of One Hundred Dollars ($100.00) for each set. (Non-refundable). Bids shall be addressed to Augusta-Richmond County Commission, c/o Geri A. Sams, Purchasing Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Belair Hills Estates". Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. A 10% Bid Guarantee, 100% Performance Bond, and a 100% Labor and Material Payment Bond will be required. It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Geri A. Sams, Purchasing Director Advertised in Augusta Chronicle: 5/27, 6/2, 6/7, 6/15 Advertised in Augusta Focus: 5/27 AD V -1 I I, I .1 'I I 'I, :1, I, " a :1 I, 1\ I I 'I a I SECTION IB INSTRUCTION TO BIDDERS IB-OJ GENERAL: All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, 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 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. ' Alternative bids will not be considered unless specifically called for. IFB-l :Ir I 'I ,I 'I, I :1 ,I, ,I ,I I :1 .1, I' II :1 'I .Ii I SECTION IB INSTRUCTION TO BIDDERS IB-OJ GENERAL: All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. ProposaLs received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, 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 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. ALternative bids wiLL not be considered unless specifically called for. IFB-l :1 ,I, I I 'I I: 'I!, :1. ,I' I ,>,.. I :1 ,Ii Ii I' ,I 'I I, I SECTION IB INSTRUCTION TO BIDDERS IB-OJ GENERAL: ALL proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion ofthe 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 tlie successful bidder. IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, 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 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids wiLL not be considered unless specificaLLy called for. IFB-l I' .1 '1 I I .1 ,I :1, I ;, I. ,I I' 'I .1 ,Ii 'I I I SECTION IB INSTRUCTION TO BIDDERS IB-OJ GENERAL: All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though fiLed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, 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 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. IFB-l ,I ,I I, I I I, I I. .1. ,I .1, ',1 I 1\ I, I, ,I I. I SECTION IB INSTRUCTION TO BIDDERS IB-OJ GENERAL: All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to. the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and Location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee ofthe Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, 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 ~ssued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specificaLLy called for. IFB-l I I I I I' I I I ,I t I. .1 I I .1 I I I, I Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer ofthe firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-OS BASIS OF AWARD: The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS: No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. . . IB-07 PERFORMANCE BOND: At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IFB-2 I I I: I 1\ I I I ,I t I, 'I, I I I I, I I I IB-08 REJECTION OF BIDS: These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IFB-3 I I I I I :1 I ..1 I I I I I I' I I I I I MINORITY AND ECONOMICALLY DISADV ANT AGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders 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. IFB-4 I I I .1 I I I I I I I I I I I I .1 I, I SECTION P PROPOSAL FOR BELAIR HILLS ESTATES (Water System Improvements) Augusta-Richmond County Commission Municipal Building Augusta, Georgia 30911 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 furnished to him on the drawings, Contract Documents or by the Augusta Richmond Utilities Engineer/Director, carries no guarantee expressed or implied as to its complete- ness or accuracy and he has made due allowances therefor; 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; 5. He agrees to hold the Owner harmless for accidents or damage to property; 6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos containing material removal and disposal; Regulations regarding disposal of all debris; OSHA Requirements. 7. He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal Form. 8. He will maintain the site as reasonably clean as possible by not allowing debris to accumulate before making trips to his disposal site. Debris must be hauled on a regular basis to avoid excessive accumulation. Materials sold for salvage shall not be retained on site. 9. He will not burn any materials on site without written approvals from proper authorities. 10. He will furnish the Owner with a detailed schedule of demolition and removal including disposal sites, names of all subcontractors, State and local license information, and hereby proposes and agrees that, if the Proposal is accepted, he will contract with the Augusta- Richmond County Commission to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with the requirements of the Augusta Richmond Utilities Engineer/Director and the true intent of the Contract Documents and that he will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. P-l I I I 'I I I I I I I I I I I I I I I (Note: Bidders must bid on each item) SCHEDULE OF PRICES ._---- 1. Clearing & Grubbing (Carolyn Ave) LUMP SUM 2. Asphalt Overlay 3200 SY 3. Asphalt Concrete Patch (per detail) 1000 LF 4. 6" Concrete Driveway Patch 300 LF 5. 1" Water Service (near side) 85 EA 6. 1" Water Service (far side) 60EA 7. Water Meter 25 EA 8. Rip-Rap 50SY 9. Fire Hydrant 15 EA 10. 8" Water Main 8000 LF 11. 6" Water Main 6700 LF 12. 2" Water Main 50LF 13. 12" x 8" Tapping Sleeve & Saddle 1 EA 14. 12" x 6" Tapping Sleeve & Saddle 2EA 15. 8" x 8" Tapping Sleeve & Saddle 3 EA 16. 6" x 6" Tapping Sleeve & Saddle 4EA 17. 2" Tapping Sleeve & Saddle 1 EA 18. 8" Valve 18 EA 19. 6" Valve 38EA 20. 2" Valve 8 EA 21. 8" x 6" Reducer 7EA 22. 6" x 2" Reducer 2EA 23. 8" x 6" Tee 10 EA 24. 6" Tee 8 EA P-2 . . .- I 1 I - .i I I 1 I I "I .J ,- I "I :. ;. ;1 - :i - - - . I - I 25. 8" Cross 2EA 26. 6" Cross 1 EA 27. 8" Plug 2EA 28. 6" Plug 3 EA 29. 8" 450 Bend 2EA 30. 8" 22112 0 Bend 7EA 31. 8" IliA 0 Bend 3 EA 32. 6" 900 Bend 1 EA 33. 6" 450 Bend 2EA 34. 6" 221120 Bend 4EA 35. 6" IliA 0 Bend 3EA 36. 2" 900 Bend 3 EA 37. Select Refill - Sand Clay 500 CY -_. NOTES: 1. Any removals necessary to accomplish this job shall be accounted for in the unit prices for pipe installation. No separate pay item will be provided. 2. In situations where contractor may have to remove and replacefencing, mailboxes, driveways piping, etc., contractor shall include the removal and replacement of these items in the unit price of the pipe. The Contract covering the construction of all work described above will be completed within 180 calendar days from the date spec'fie . the "Notice ~~roceed"t!f the Augusta Richmond Utilities Engineer/Director for: . I-t '. #oft' - 'P subject to reductions, additions and deletions provided he ein on the basis of easure tities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum /-Jo. , '" 0, 2. P-3 Date &.. 11--{- 9' (;-1"5-99 'I '1 I I . . I '1 I I I :1 I -I I I . :. - . . I I The undersigned bidder understands and agrees that should the Owner accept this proposal, ther bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the ~'. contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base id sum. En losed erewith is a Bid Bond or a Certified Check in the amount of . C Dollars ($ ~ 1 Jt ~~.o'2_ ) being not less than ten percent (10%) of the total base i sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Name & Georgia License Number of Contractor: -g.LAIL rr,)^,~lJl!..-rIOA.l 'TAll' . . Name of Bidder ( ~ (J _ ~/"V) I i"Jf'l GA Utility Contractor License # U)~u:~ ~ .~%~ . Signature & Title of Pt-e..s ;c1G.r--t- Authorized Representative ?6. 'bo'lL ??() Business Address t!-VAAl S. ~":-L)Lc1.JA. .~o5/.L)9 City and State I . Date: ~l )A1~ ?2~J I ~9 P-4 I THE AMERICAN INSTITUTE OF ARCHITECTS I , , , , " I It.. 41 ^'^ Document A310 I Bid Bond I I KNOW ALL MEN BY THESE PRESENTS, thatwe lHair Construction, Inc. IHII. ;I\lftl '~II 1\.,." 'I\d .OO/f\l 0' I.,~I 1111. 01 COl\lIfClOIl PO Box 770, Evans, Georgia 30809 u PrincIpal, hereinafter called the Principal, and National Fire Insurance Comp-any of IHu. 1n.1I1 II/II n~m. 'I\d .dd,," 0' I.~I Iii' ot SI/IIl'f) Hartford, CNA Plaza, Chicago, Illinois 6068~ a corporation duly organized under the laws of the State of Connect i cu t is Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County tH." In,,'1 ',,11 n.mt .na IdCltu. Of 1,.'1 1111. 01 Ow'"'", Commission, 530 Greene St./Municipal Building, Augusta, GA 30911 u Obligee, hereinafter called the Obligee, In the sum of Ten percent of amoun t bi d I I I Dollars ($10% of bid ), for the payment of which sum well and truly to be'made, the saId Principal and the said Surety, bind o~rselves, our heirs, executors, adminiHrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Belair Estates (Water System ImorovementE IHII. 11\11/\ '~11 "'"'~, .Od',,, 'I\d d.l'tllp\lol\ 01 P'OI'C'O I I I NOW, THEREFORE, If the ObIIS" 11'1." accept tne bid of the PrincipII Ind tne Principii Inlll enter Into a ConlrlCI with the Obligee In Iccordance with the le,ml of Ivch bod, and give Ivch bond or bondl H may be Ipec,(,ed In Ihe o.ddlng or Cont,,,ct Dncumenll wilh good Ind IvHicienl lurely lor Ihe IllIhlvl performlnr.e at Ivch Conll"l ~nd lor the prompt paymenl at labo, Ind male,;al fv,ni,hed in the prOlecvllon Ihereol, or in Ihe evenl of Ihe 1.i1ure 01 Ihe P"nc,pa' 10 enle' suen Con'"CI .nd sive suCh bond 0' bondI, il Ine P"ncipaJ .hall p~y 10 Ihe Oblisee Ihe diHe'ence nOI 10 e.ceed 'P'le pen~I"r hereol berween Ihe amovnl Ipeciried in uid bid Ind Ivch I.uger Imovnl fa, which Ihe Obligee m~y In good I.llh COntrlC1 wlln anolner plrty 10 perlo,m the Work covered by Illd bid, Ihen ,hil obli81lion 11'1111 be nulllnd VOId, olherwile 10 rema.n In full lorel and IHlel. . I I Sllt.'ed and IUled this 22nd day of June '999 ~-- f..t.~c.,fl (WllnftJ) I~lair Construction, Inc. , ("/nt:/p./) (s../) 1))~"~R~rv1,~ (TIll.) f+es~d~-r 'f ... ...., ... .. .. I' q. fiJJ ._ _~ I I -11.zIJA~ h ~~~. , I Ml u) lNational Fire Insurance Company of H art for d (SU,.ty) (S../) A~ / .1tjl.. . Buck Leigh mcJ~ Attorney-in-Fact I "'" DOCUMINT """.110 aONO . AlA e. FEBRUARY '970 ED. THE AMERICAN ,'NSTITUTE 0' ARCHITECTS. 173s N,Y. AVE" N,W" W^SHINCTQN, 0, C, 2()OOl) I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT I Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seais herein affixed hereby make, constitute and appoint James D, Thaxton, Theodore J, Marek, Buck Leigh, G. A. Weathersby, Individually I I I of Columbia, South Carolina their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instrumen1s of similar nature - In Unlimited Amoun1s - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, . This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presen1s to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of May 1998 I I I I CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA /11~' tI ~ Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 7th day of May ~, before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such Corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. I I I I I /If~9 ~ My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I I, Mary A. RibikawskisMary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony.whereof I have hereunto subscribed my name and affixed the seals of the said corporations . this 22n:i day of JI.1l'E 1999 . I . - (Rev ,1 0/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a Mary A, RibikawskisMary A, Ribikawskis Assistant Secretary I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: Blair Construction, Inc. PROJECT DESCRIPTION: Belair Hills Estates (Water System Improvements) 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$371,630.20. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond 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 your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 1999. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ day of , 1999. - BY: TITLE: NA-l I I I I I I I I I I I I I I I I I I . . AGREEMENT TillS AGREEMENT, made on the L day of;;;; '-1 ' 1999, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and BLAIR CONSTRUCTION, INC., party of the second part, hereinafter called 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: Belair Hills Estates (Water System Improvements) 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 n - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within 180 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 ofbeginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Three Hundred & NOll 00 ($300.00 )Dollars, not as a penahy, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. A-I I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (C) 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 OwneriEs Engineer an estimate covering the percentage ofthe total amount ofthe 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 fmal 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 fmal inspection ~cceptance, the Engineer shall within lO days made such inspection, and when he fmds 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 IS 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. A-2 I I I I I I I I I I I I I (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from 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 tenninating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. ** Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed of which shall be deemed an original, in the year and day st . s Agreement in three (3) counterparts, each entioned above. . .... . . ~. ;. t .', ", \ ~ .. \. "',J:' .',''- . . ~ . .' : : .. . '. ..... . .: ;:. t; .i I ~.~ ....... i'~; ..1_ ':- \.... , -, " - , .: :", :.~...... : r- . r:., . r',':: '.j ;,,', ;.:~" ,t:::':. f" .<~~t:~ <~.:-t {~~~~~:L~:;~ ;",; ~:,~-.::';;d~...i.u,:::~~!i';:..;,_ ~. ,. BLAIR CONSTRUCTION, INe. Br: V~M4~'. 7(11~.;:;;c!; , . As its' ." p~.=.~~~~ -~'..;--_ , - ~ -. ~ ATTEST:;;; . , ","~'Zp 4'" , ,.. .. .' ,- .. ~.M " ,~.. . "- ' . .'1o,...-,,-L1,1 J . . Secretary' ':' '-., , t~~ ' \ < .. .:>" , )41 {!.. ',<'.' ~, Witness :- ' . ,. ~. " _' '. ..'~ J. . '~~dress: ?(),~)(.. '770' , ...._.. .... _-'l.u .._________.~- _ .. _ _'_'___''''8 . , .': '" , ",' 1~\iiVJ.~ r.. A _ ~9 . " ..' l -..' f"'~~1.--"~'--""''''.-:-'''-'-'--'-''';f--'~'-~''''''_H:'- .,; .-' . _ '. .....' 4" . . ...: . ": .J.' ! , . . d'~:** ,',Notwithstanding an'Y.provision of the General Conditions, there shall be no substitution ~ of materials or change in means, methods, techniques, sequences or procedures of construction 7'(7 t;'~f~~~;~re'not-determined,to be: equivalent to those' indicated or required in.the Contract Document, , .' . '. ,wrthout an Amendment to the Contract. .' . .' . . I" i..... ; \C. , ' (,Sr~.:~ ~_) ~\ ~._. i ';..:.:~~.:.'J': A-3 I I " THE AMERICAN INSTITUTE OF ARCHITECTS I I 929 101 753 I I I I AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc. (H", In"" '~II ".m, .nd utd"" 0' 1'1.1 Illlt 01 COnll,(IOtJ I PO Box 770, Evans, Georgia 30809 I I I I as Principal, herelnaftl!r called Contractor, and, National Fire Insurance Company of IH", I""rt '...,11 n,,,", .nd .dd,p.. 0' 1,..1 Idlr of ~u"I.,) Hart~ord, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County IH", ,nl'" lull n.mo 'nd ,dd'oll 0' 101" 1,110 01 Owno" Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 as Obligee, hereinafter called Owner, in the amount of Three Hundred Seventy-One Thousand Six Hundred Thirty and 20/100s---------------- 0 II ($ , 0 irS 371,630.20 ), for the payment wherebf Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I, WHER.EAS, I Contractor has by written agreement dated IH". inlll. lull Mm" .dd"" .nd dllctiplion of proj.ell 19 , entered into a contract with Owner for I I Belair Hills Estates Water System Improvements in accordanee with Drawings and Specifications prepared by James G. Swift & Associates IHfl' inult lull nunl. .nd lddl'U Of 1,..1 Illlt 01 A/("'dt'(1 1206 Interstate Parkway, August~, GA 30909 .f which contract is .by reference made a part hereof, and is hereinafter referred to as the Contract. cis by Jl o-le.p~ rf). 25..~~ GA resident agent I AdA DOCUMENT Alll . PERFOR!.'ANCE BOND AND LABOR ANt) I\\A H R IAl P^ YMf NT B()I'-:() . A IA ~ YfBRUARY '~'O [D . THE AMfRIC^N INSTITUTE or ARCHITECTS, " \, "Y A\'I , N W.. W^~HINt, II IN, DC 21XlOt. I I I I I I I I I I I I I I I I I I - . . PERFORMANCE BOND '- NOW, T~rlfFOllr, T~r C:ONOfTI"N OF THIS OlllCATION Is' such th)t, jf ContrHlor shill promplly And fiithfully p~,form l~,d ConlrHI, Ihen Ihil ob!'g.:,on IhJl1 be null .nd '0:(: OIh.e'."I(' ': \'\J:r '~"', ~,~ 1,-" '(.":1' d~d e"e-:I Th. Surety h.reby waives nollee o( any alteration or e~lel1liol1 of lime m~de by the Owner. Whenever Contr,ctor sh~11 be, and decla'ed by Owner :0 be in default under Ihe ConlraCI, the Ownel hav,ng performed Owner', obligationl thereunder, the SUlety may promptly remedy the delaull, or Ihall promplll' 1l Complete the ConlrICI in accord~nce with ill lerm\ and conditions. or 2) Obt.in . bid or bids for completing the Contr~CI in accord~nce wilh HI terml and conditionl, and upon de. termination by Surety of the lowesl responsible bidder, or, if the Owner elecll, upon determination by Ihe Owner and lhe Surely joinlly of the lowell responllble bidder, arrange for a contract between luch bidder and Owner, and make av~ilable as Work progrellel (eyen though there should. be a defaull or ~ IUCCelSlon of c.. Slsned Ind S't'lled .thls d,y of I'~L U'~':JT (Witn(',\,I) ..l1J ~ ~~~jJ (j tW' (',\,\) ': defaulls under the conrr~ct or contrH'l) 0' complerion a (I J n 8 e d 'J n de' :", 1 ;J d' J g' d >J~" \ 'J 1-1, (, (' n I (CJ ,., d I lOp d', '~'! cosl of completion less the bal. nee of Ihe conlr.CI prl(l', bur no! elc!.'!.'d,nR ,nc1ud,nR olh!.', (0111 dnd ddm"~c\ lor w f"\ I C n I r, e S u ( t' I', m J', b c' r I IJ 0 i (' ....... (' leu '\ G t (. I h r J rr; (. '.. ~. ~e[ 10(lh In Iht., f,r',l Ild1dh'Jph nt-IC'ef The lerm . bciJJ",rt, 01 the (onf'H I p", e.' JI ulea .n Ih'l PJ'dgr.ph, 1"_ me~n the 101~t ~mounl p.y.b1e by Ownf" 10 (on,,.(IO' un d e r I h e (0 n I r H t ~ n d ~ n y J rn end rn f' n I, I h f' I f' I (), I p " \ the ~mounl properly p~,d by Owner 10 Conlr~(lor. Any lui! under ,hil bond mUll be ,n<!iluled bl'IO'~ !he e.p"al,on 01 1""0 It I v~./I I,om the Odl!.' on .....~,,~- Ilndl'paymenl under the COni/HI lalll Oue NO light of Ht,an Inall H(lue on Ih" bnnd 10 0' ':' Ih!.' Ult of a",y' pellOn f)1 CO'POI.I,O" Olher Ih.n Owne' ndmed he'e,n '" 'he ....e"\ e'~~'JIO'I, ddm,', \ IralO'1 or IUC(l'llorl 01 Ihl' Owner '9 ... Blair Construction, Inc. I """"P"" WI O~J ~ ~ t> ,- . ,/) ~J /~':"'".:~.:-___, " I ~ .. :: ~ _.... ~....... I TillC'I 'I-eS/d~ "_'_' ~ t< "';;. - '/; -':",," .,.... National Fire Ins"urcirice:.'Cornpany of Hartford I &.Llk., b-l i J. ''<'''''1\'' _;J-? Buc' k Lel' gh ' ,I ,/1,'1 At'~' . F ..sorneY-ln- act 414 OOC\JMf"'lT 431\ . rarORM"NCf BOND AND \.~BOR { ! Fl -: I".- .'\ ~) , '1.~ l: l;: . ~ h [ "'....~ llo: ''" ".... I......) 1 I ~ '.....1 Il .() I ....;.,:" ~. : ll" : " .1,~> ~NO ""AHRI~1 p ~ y ~q N r A()',n "\ I ~ .~ 'I',' ....'. i I I THE AMERICAN INSTITUTE OF ARCHITECTS I . I' I AlA Document A311 I Labor and Material Payment Bond I THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT I KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc. I tHere tn\trt lull n,amt In<.J ,l(jdrt'u 0' legil 1IIIe 01 ConlrHlor, PO Box 770, Evans, Georgia 30809 I as Principal, hereinafter called Principal, and, National Fire Insurance Company of {Here irnt'tl full nlme ~nd .ddrt'\' or Ie-elll lltle 01 SUltt'(] Hartford, CNA Plaza, Chicago, Illinois 60685 I as Surety, hereinafter called Surety, are held and fi'rmly bound unto Augusta-Richmond County lHtlt' inH,1 (vII n.me .nd .dd,t'u or lell\ lid, 01 OwneIl Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 I as Obligee, hereinafter called Owner, for the use and benefit of claimants ilS hereinbelow ddined, in the Three.Hundred Seventy-One Thousand Six Hundred amount of Thirty and 20/1005 (He,e IrlSerl a sum equ.1 10 II leu 1 one.h." 0/ the conlrlCl price) Do" a rs ($ 37 1 , 630 . 20 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I I WHEREAS, I Principal has by written agreement dated (Here insert (ull n.me, address and description o( proleell Belair Hills Estates Water System Improvements 19 , entered into a contract with Owner for I in accordance with Drawings and Specifications prepared by James G. Swift & Associates IHere insc" fun n.me .nd .dd'elS 01 leg.1 lille o( A'chilHl1 I 1206 Interstate Parkway, Augusta, GA 30909 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract . - AlA DOCUMENT AJ11 . PERFORMANCE BOND AND lABOR AND MATERIAL PAYMENT BOND . A'A @ FEBRUARY 1970 ED.' THE AMERICAN IN5TITUT[ OF .'\RCell fEeTS. 17):; N.Y AVE. N W, WASHINCTO~I, 0 C. 20006 -) ..1 WARNING: UnllcenMCl photocopying vlolate8 U,S, copyright 1_ and laaublect to legal proaecutlon, I LABOR AND MATERIAL PAYMENT BO!~D I '. NOW, TlltttfOllC, TM( CO,..OITI(')N 0' THIS OllIG;,TI(')N i, luch Ihal, If Principii I "h,)" prumplly make f)~ymenl 10 all cl~,m~nl\ J\ hereinJllel d,e(ined, for 11I1~bor and m,)\C',i;\1 u\ed 01 rca\onab1y requ"ed Ii'll u\t 'r', ,!-Ie Dtdol""'J"~c of I",~ Cor\lrH'1. Ihel'l Ihll obliS~liol'l lh~1I b. void; olherwile il Ih.)11 rC'm~il'l ,1'1 lullloree Jl'ld eHecl, luDltel. hO....tyC', 10 Il"\e 101 lowinll conditions; I " A ('/,)imJn! Is denn,d IS on. hIving I dlr"1 con. \IHl with the Plineip~1 or with a SubconlrolClor or Ihe PI,ncirHI IUI l.)bOI, molteri~l, or bOlh, used 01 reJlon.)b'ly leQuirec.! 101 lile il"\ (he perform~nc. of Ihe COI'IIIJCI, labol and mJI~'IIJI beinll conllru.d 10 Include Ih.)( poll I 01 w~ltr. Gal, ro....,er, lighl, heal, oil, Kuolil'le. 1<."lcrhol'le ItlviCt 1.11 ttnlJI of <."Quinmtl'll dirt"ly Ippl.ioble 10 Ihe ConllHI. I I I 2, The olbnve nolmeu Princip.1 and Surely nerehy l(JiI'\lly ~r'\(J IC'\'e1ollly ol~ree witl'\ lhe Ownl'l Ih.)1 eV~IY clolim~nl J\ helC'in defined, wno nH nOI been r.)ic1 in {\,III tarore Ihe fxpirolt\on of A period nt nin~ly (qrJ) dolyl ,\IIt'r the UJle on which Iho IUI of Illch cl.,im,'I\I'\ WOI~ or IJbOI wH done or ptrformed, or m,"ttiJII wC'rr l\,Irnilhed b", luch claim~nl, moly lue 01'1 Ihil bond (01 In, U\f 01 luCh c1oljmJnl, plo~ecule the luil 10 Ii 1'1.) 1 judsmenl 101 lu(h ium ()( ~\lm' H moly be ju \ Ily du c cllimJl'Il, Jl'ld h,)ve eXC'l'ulion Inereon, The Ownfl 111.)11 nOI be liJDle 101 the p~ymenl of ~ny COSII or CX(le/lIt'\ 01 Hly luch luil. I I I ), Nn lui, or aclion lh~1I bet commenced hereundl'l by ~ny cI~jmJnt: al Unit" c1~irn.nl, Olner 11'1,)1'1 un. h~vlnB ~ direCl conllHI wilh Ihe Princirnl, ln~11 h~ve givcn wlillCI'I l'Iolice 10 JI\Y IwO 01 Ihe lullowing: the Pril'lcipJI, Ihc OWl'ltr, Of Ihe SUlely ~bove nolmed, wilhil'l ninely (901 dJyl ollltl \ul"h clJimJnl did or performed Ih~ lall of the work or l~h()I, or furnished Ihe IHI or the mall'riJI\ lor 'whicn IJid cl~im is mJde, sl~ling wilh lubllanli.ll I I I Sianed ~nd Wt~ltd this day or I I t/hJA.k-j.J" J40.,~~ Iwilnl'ul I I I "Ji0/lj;< y 1-l-~ -'./ / tW;lnc'uJ ,I . - "curacy Ihe ~mounl cl,imec1 olnd Ihe Mme or Ine parly 10 whom Ihe m~ll'ri.ll\ ....,rrr (\I1I'1i\heu or 101 whoI!"' Ihe work or labol WJI dOr>l' 0' r>e,(ofmerl Such f',OI'U Ih~11 be Ifl\'ed by m~";l'Ib ,he \,'me by '''b'llered mJ,i 01 cel/ilicd m~il, pOltJlle r/r("\J,d, in J" cnvelope ad. drrl\ed 10 Ihe PlincipJI, O,...r'et 01 SUtCI',. JI Jny plHe whele JI'I office il le\;ulJily mJ,nIJ,nc(\ 10' ,ne lI~n\. ~Clion or bUlinfll, 01 1<."lved ,n Jny mJnnCI ,n ....I"\'c,., leial procell m.y be lllved il'l Ihe 11~lf In which Ihe aforeuid proieer it loe'led, IJve th." lucll lervice need 1'101 be mJde by J puhlic Olli( v' bl ^'IC'r Ille expirJliOI'l of ('\n(' (11 y<:J' ',Ii'u...."ns :he dJIC' 01'1 whicll PrinCln~1 CI','\I'I! WOll 0" \.,,<.1 ConllHI i.1 U e i 1'1 bun d C' III 00 d, howe' \' , , h J' " J 1"\)" I,,,,, I J I' 0 n r.'T', buclied ;1'1 Ihil bond il p,uh,b"cd ~y Jf', 1,Iw conllolll''\~ Ihe CO('\IIIIIClion !-Iereol \\Icl> ',"""'IJI;('\n ''',\II 11e r1r~"".~C 10 b~ Jmel'lueu 10 Jl 10 be ("1" ,I 1('\ Il'\r ,"",",,,'um ne"oC ul limil,llion permillec1 uy 1'.1,1> I,'.... cl Olhcr Ih.)n in ~ )1.)le COlllt or compel"'\1 IUI,\O,(I,or. 11'1 Jnd lor Ihe (ounly or 0/11/'" pOlill( ,11 lulld/VI,\lon 01 Ihe ,"Ie in which the ProlfCt, or Iny pJrl thertol, il lilu~led, or 11'1 Ihe Uniltd SIJIC'I DillliCl Cou" 10' lhoe' dillriCl in which Ihe ProjeCt, 01 .)ny pJ11 thereof, i\ Iii, uJled, olnd nOI tllew~ere, ~. The .)moul'Il or Ihil r,l'Inu IhJII b~ t('cluced by ~nr1 10 ll~l' C'~IC''''1 o( ~"Y pJYfT'C'f'\\ "r 0JymC"\I\ Il\,)(lc I" ~ooc (J;lh he/C'under, il'lclu\ivr 01 ,nc pJyme'1l i)y SUICly 01 mech.)niCl' lieI'.I which m.)y be filed of rC'cord aga,nll IJid improvement, whether or not cl~im 101 the Hnovf'l\ 01 luch lien bl' plesel'lled und~' ~l'Id 19.1il'l\\ I);i\ bono '9 Blair Construction, Inc. r"';nC;(I~11 ..;\ - '0 .... '. L.u;o OJ ~-^"" ~.; '...... "..... t\,.h ........ . ,..- ~ -, -::::- "- ~ R.'^^'~ ~~ ";~,~.- r v 11//11'/ Pres,'J~r' I National Fire Insurance Company of Hartford (Sur\",/,' 1$..11 ,': . <n ~.S...", ~~;;~:..~.. ~ '" I . ~".I' . ..I . _"~"~ r Attq{ney-in-Fact . ~ . (TII/I'J -: .-," .' ~ ...1.4 OOCUIoHNT ""11 . 1'(l/(ORM^Ncr DON(') ^N() I^no!/ ^NI) ~1^Tr~'^l I'^VMINT ~()NO ' I[ u ~ u ^ x r 1 ~ III II I ' 1 h ( ^ M ( R Il ^ N IN \ T 11 U T( U ( ^ x l hill C h, \0' 1 \ N , ^ 'II N W ..v ^ \ r1l N I , I I) N :) ^I/'. ~ , '.I I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint James D, Thaxton, Theodore J, Marek, Buck Leigh, G, A. Weathersby, Individually I I I of Columbia, South Carolina their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behaft bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations, In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of May 1998 I I I I CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD -;;;:t:l~G' PENNSYLVANIA Marvin J, Cashion Group Vice President State of Illinois, County of Cook, ss: On this 7th day of May , 1998 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affIXed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations, I I I I I 11~9 ~ My Commission Expires March 6, 2000 CERTIFICATE Mary Ji:> Abel Notary Public I, Mary A. RibikawskisMary A, Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force, In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations . this day of I I I I (Rev: 10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a~ Mary A. RibikawskisMary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company, "Article IX-Execution of Documents Section 3, Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto, The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article V~xecution of Obligations and Appoinbnent of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact, The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto, The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation," I I I I I I I I I I I I I I I I I I I SECTION COA CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission do hereby certify as follows: I have examined the attached Contract( s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: COA-I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED TO: Blair Construction, Inc. DATE: PROJECT: BELAIR HILLS ESTATES (Water System Improvements) You are hereby notified to commence work in accordance with the Agreement dated _ . 1999, within Ten (10) calendar days following this date, the date first written above, and you are to complete the work within 180 consecutive caleiidar days after the date of this notice. The date set for completion of all work is therefore .2000. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of , 1999. BY: TITLE: NP-l :1 'I I I I' I I I ,I I I I I I I I I I I GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions 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. Applicationfor Payment - The form accepted by PROFESSIONAL which is to be used by CONTRAC- TOR in requesting progress or final payments and which is to include such sup-porting 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 documenta- tion 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 A ward, 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 CON-TRACTOR 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 l7.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. GC-l :1 :1 I I I I, I I I I~ j 'I ,I I I I I: I I COUNTY - Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day - Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday that day will be omitted from the computation, Legal Holidays: New Years Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents; or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but ifno such date is indicated it means the date on which the Agree~ent is signed by the Mayor of the Augusta, Georgia. Field Order - A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division I of the Specifications. Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER - Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization - Placinga portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. Professional- The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. GC-2 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, Project Area - The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager - The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative - The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performallce 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 ofthe Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman-ship 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 [mal payment is due in accordance with paragraph l4.13. 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. GC-3 I~ ,I ,I I I ,Ii I I I ;1'" -- I I I, I 'I 'I il I 'I :1: :1, I I I' i. I I ,I, I . I :1 1\ I I I, I I Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions . under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. GC-4 ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.l. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the General Requirements, CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: GC-5 I' I I' I 'I .11 I I I ,I I I I il I ,I !I I 'I ~I, ,I I II I II I I I 'I I I II 1\ ,I I II I I 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead arid 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 fmalize 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 sched.ule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-6 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Docmnents 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 Docmnents 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 Docmnents )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 Docmnents 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, CONTRA CTO R 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 referredto 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. GC-7 I: I I \1 'I I: I I I ii' I I .1 [I I I ;1 ,I ri :1 I: ,Ii 'Ii I, I II I Ii I, 'I t 'I ,I I' I, I I, I I Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph lO.3), or 3.6.3. a Work Directive Change (pursuant to paragraph lOA). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval ofa Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 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. GC-8 ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lands: 4.l. 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 II 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 (I) 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 GC-9 'I' il I' ,I 'I I "I , I ,I I, I' \1 il ,I " .. /1 (I I I, I; 'I I, 'I ,I I I, I, I I I ,I '1' ,I: , I I, I promptly before conditions are disturbed and in no event later than 48 hours after first observance ofthe conditions. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3 .1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3 .1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work with the OWNERs of such Underground Facilities during construction. for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine he extent to which the Contract Documents should be modified to reflect and document the consequencesofthe existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC- TOR 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 II and 12. GC-lO 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 outthe Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRAC- TOR, 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, ifany, 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 II 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 ofthe 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 II 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. GC-ll I ,I I' I I Ii I :, I 'I~ . ' I I I ,I ,I .- I ;1 I I I I I, .1, I I, I .I! I I' I I ,I I, I, I I, I, I 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 fmal 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 ofinsUfance 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 ofthem to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: GC-12 I I I I I "I. I I: II ,I I I ,I I, I, I I I. I 5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily inj ury 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 and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one veal thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining 0 WNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. GC-13 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 (subj ect 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, 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). Ifnot 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 irisurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRA CTO R requests in writing that other special insurance be included in the property insurance policy, OWNER shall, ifpossible, include such insurance, and the cost thereofwill 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 ofthe perils covered by the policies of insurance provided in response to paragraphs 5.6 GC-14 I I I' I I -I I I ., ,I. I, I '1 I -I I ,I I I I I I I, I, I ,I, ,I' I, I, ,I I I I, I I I I I I 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. 5.1l.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils coyered 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, CON-- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such GC-15 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 necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification: 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-16 I I. I' I I I I I I I I 'I 'I I I" I II I I I ,I I I I ,I, I I ,I I I I .1. I I I, I' I I ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.l. 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 ofW ork on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9 .l5. GC-17 I I I I, I ,I, I I I, I I I I I I I I I I Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFES- SIONAL 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 PROFESSI<?NAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.l 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 GC-18 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.l. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2. whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment} to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objection In the bidding documents or the Contract Documents} of any such Subcontrac- tor, 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 in 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 GC-19 I I " I :1 I '1 I I I I I I I I I 'I I I I I I I I I I I I ,I I II I I I I I I I 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 oflosses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or copyrights incident to the use in the performance or the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. ' Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.l5. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations ofthe place of the Project which are applicable during the performance of the Work. GC-20 Use of Premises: 6.16. CONTRACTOR shall confme 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.l7. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.l8. 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: GC-2l I I ,I I I I I I I I I ,I I I I I I I I I I I I I "1 I I I I il II I I I I I I I 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, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property, All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph l4.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: 6.22. In emergencies affecting the safety orprotection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, wi~out special instruction or authorization from PROFES- SIONAL or OWNER, is obligated to act to preverit 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. GC-22 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 PRqFESSIONAL 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 with other Shop Drawings and samples and with the requirements ofthe 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 reason-able 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 GC-23 I I I I '1 I I I I !I I I I I I - I i ,I I I I I I I I 'I, I I I I I I I I I I I I 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 Manager 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 CONTRAC- TOR 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 agre~ .inwilting. 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. GC-24 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 ofthem may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. GC-25 I I I I I I I I I I I I I I I I I I I I I 11 I I I I I I I I I I I I I I I I 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 non-apparent 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 con-tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC-26 I I I I I I I I I I. I I I I I I I I I, ARTICLE 8---0WNER'S RESPONSffiILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall lssue 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 sta-tus under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.l 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 rightto terminate services of CONTRACTOR under certain circumstances. GC-27 I I I I I I I I I I I I I I I I I I I ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.l. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to deter-mine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably infer able 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 II 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 perfornl the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract GC-28 I I I I I I I I I I I I I I I I I I I Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II 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 PROFES- SIONAL'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 fmal 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 andjudge 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 arid claims under Articles II 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. GC-29 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 .ll with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of fmal payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-30 I I I I I I I I I I I I I I I I I I I I I I I I I I I I .1 I I I I I I I I I ARTICLE lO--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles II 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 PROFES- SIONAL 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 II 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. lO.6. Ifnotice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-3l I I I I I I I I I I I I I I I I I I I 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 accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defmed in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as defmed 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. ll.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required whichresults in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. GC-32 I I I I I I I I I I I I I I I I I I I 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with IIA through Il.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 ofCONTRAC- TOR'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. GC-33 Ilo404. 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. llo4.5. Supplemental costs including the following: llo4.5.1. The proportion of necessary transportation, travel and subsistence expenses ofCONTRAC- 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. 1104.5.6. 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. GC-34 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11.5. The term Cost of the Work shall not include any of the following: ll.5.1, Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partner-ship and sole proprietorships), general managers, PROFESSIONALs, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4---all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 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 sub-paragraph 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: 11.62.1. 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 Fe"e shall five percent; and if a subcontract is on the basis of Cost ofthe.W ork 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: GC-35 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease: and l1.6.2.5. when both additions and credits are involved in anyone change, the adjuStment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. l1.7. 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 PROFES- SIONAL, 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 GC-36 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. l1.9.3. 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 II if the partes are unable to agree as to the amount of any such increase. GC-37 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 (l5) 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 PROFES- SIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-38 I I I I I I I I I I I I I I I I I I I I I I I I I I -'I I I I I I I I I I I I ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Wa"anryandGuaron~~ 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: l3.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. l3.4. 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 CONTRAC- TOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRAC- TOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL ifso specified). GC-39 l3.6. Ifany Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRAC- TOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. Owner May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. GC-40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 CONTRAC- TOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: 13.12. If, after approval of fmal 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 II. 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 para-graph 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 GC-4l provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of 0 WNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSION- ALs, 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. l3.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-42 I I I I I I I I I I I I I I I I I I I I I I I .1 I I I I I I I I I I I I I I 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 [mal payment or acceptance by 0 WNER. 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, orreturn 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 GC-43 to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a [mal determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendation~: and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFES- SIONAL 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 [mal payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to fmal 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 fron:1.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. . 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: l4.8. 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 PROFES- SIONAL 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 GC-44 I I I I I I I I I I I I I I I I I I I I; " .1 I I I II ,I ,I I I I I' \I I I I,. I I I of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFES- SIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a defmitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CON-TRACTOR until fmal 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.l0.1. OWNER at any time may request CON-TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part ofthe 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 GC-45 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. l4.l0.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before fmal 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 fmalize 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. l4.l0.3. 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. l4.10.4. 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 fmal 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 PROFES- SIONAL 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 fmal Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu GC-46 'I I 'I I il II I "'< I:. I I I I ,I; il I ,I "1 I I ,I' ,I I I I I, I ~. II I' I I 'I .1 I I, I, I i I of such releases or waivers of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. l4.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. l4.12.2. 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 Subcontrac- tors, 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 fmal inspection, and PROFESSIONAL's review of the fmal 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 fmal 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 fmal payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER ofthe 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, fmal completion ofthe Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 5, the GC-47 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 [mal 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 [mal payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of fmal 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 [mal inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-48 I I 'I' 'I, I Ii I' \1 '1 :1\ I ) .-i. .1 I I I I, I I :Ir ,I I I I I" I I , 'I -,' II I I I' I, I '1' ,-I I ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Termination For Cause: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), asnow 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; l5.2.4. 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 CONTRA CTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, GC-49 GC-50 ,I I I I 'I ,Ii 'I, " " 'I, \1 I ~I II, ',I I :1 ,Ii '1 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 fun 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 [mish 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 PROFES- SIONAL 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 oftermination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date oftermination 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 ofloss 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. :I~ ,I. I \1 'I I, 'I (I , :1 I ,I , I 'I, I. I II. ,I I CONTRACTOR May Stop Work or Terminate: l5.6. Ifthrough 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's 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, ifPROFES- SIONAL 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 fmally 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 II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-51 :11 .1 :1, II 'I II 'I I, :1 I I :1 I, 'I' I .I~ '1 I' I' ARTICLE 16--DISPUTE RESOLUTION l6.l. 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 ofthe 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 ofthe Contract consents to jurisdiction and venue in the Superior Court of Richmond C~unty, Georgia, and waives any right to contest same. GC-52 ,I, I, I I, I \1, I I ,II I' I; 'I ,I ,II I, :1 I ,j I 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 here-under 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.l4, 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 recor~sand 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 offive (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this GC-53 period oftime, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. l7.7. 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. GC-54 I I il ,I I: I I I II' 'I \11 I I J .1 :1 :1 I II I, I, It ,II I ,I. 'I I ."1 ,; ,II 'I I I I, t, I, I, I SUPPLEMENTAL GENERAL CONDITIONS Index to Supplemental General Conditions . ... :.:;::;:;:;:;:::;:::: .::.!!ilj:,:,:::'::::::i:ij:::~::::::::::: SGC-O 1 Drawings SGC-02 Field Office Facilities SGC-03 Rights-of- Way SGC-04 Estimate of Quantities SGC-OS Existing Structures and Utilities SGC-06 Contractor's Breakdown of Lump Sum Payment Items SGC-07 Prior Use by Owner SGC-08 Cleaning Up SGC-09 Maintenance of Traffic SGC-IO Maintenance of Access SGC-ll Erosion Control and Restoration of Property SGC-12 Bypassing Sewage SGC-13 Safety and Health Regulations SGC-14 Pre-Construction Conference I 1 I I 2 2 2 2 2 2-3 3 3 3 3 SGC-45 SGC-O 1. DRAWINGS: The Owner will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Location of all features ofthe work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for the Contract: Note: The Contract Drawings are listed under Special Condition SC-02., LIST OF DRA w- INGS:. SGC-02. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use ofthe Engineer. A complete and up-to- date set of the plans and specifications shall be available at the field office at all times that the work is m progress. SGC-03. RIGHTS-OF-WAY: The Owner will furnish all land and rights-of-way necessary for the carrying out ofthis contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights- of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. SGC-04. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any ofthe documents including the bid are given only for use in comparing bids and to indicate approximately the total amount ofthe contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-l ,I I ,I I, 'I' I II I I 'I il I " /1, ,I 'I' '. 'I 'I, 'I ii, ,I, " ,I, I II " Ii " " ,I, ',I ,Ii 'I If I: I ,I I SGC-OS. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-O? . PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-08. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. SGC-09. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom, Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. SGC-IO. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches ~ SGC-2 and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-ll. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-12. BVP ASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-13. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SGC-14. . PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. SGC-3 I I, :,1 I I. ,I 'I' ,Ii ,I I' ,I' I I I ,I 'I I ,I :1 'If I, 1\ If I ,I 'I t, 1/ I I. I ,I, ,I ,I, :1 I: I, I SPECIAL CONDITIONS Index to Special Conditions :11111I!ili111Ii! !1!I.ilf.llil'I~~1~11~1'~I~i!II~:~!f'filll~ll'I~'~!!~~11!!II~'~1~~;ll\1IiiiII11:~]I:!i:::;lliillill'II!lilllll11111111'1 1111111!11111111111111:::I:lil:11Ii1, SC-O I Scope 1 SC-02 List of Drawings 1 SC-03 Protection of the Environment 2 SC-04 Temporary Toilets 2 SC-05 Plans and Specifications Furnished 2 SC-06 Record Drawings 2 SC-07 Existing Structures 2 SC-08 Salvage Material 3 SC-09 Referenced Specifications 3 SC- 10 Traffic Control 3 SC- I 1 Construction Order and Schedule 3 SC- 12 Inspection and Testing of Work 3 - 4 SECTION SC SPECIAL CONDITIONS SC-Ol. SCOPE: The project referred to in the Agreement shall consist of the construction of BELAiR HILLS ESTATES, hereinafter referred to by project name as BELAIR HILLS ESTATES (Water System Improvements). SC-02. LIST OF DRAWINGS: The following drawings, prepared by James G. Swift & Associates comprise the plans for the project: SHEET NO. TITLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Cover Sheet Saybrook Drive (Sta. 0+00 thru 6+00) Saybrook Drive (Sta. 6+00 thru 12+00) Carolyn Street (Sta. 0+00 thru 6+00) Carolyn Street (Sta. 6+00 thru 12+00) Carolyn Drive (Sta. 12+00 thru 18+00) Carolyn Avenue (Sta. 18+00 thru 24+00) Carolyn Avenue (Sta. 24+00 thru 30+00) Carolyn Avenue (Sta. 30+00 thru 36+00) Carolyn Avenue (Sta. 36+00 thru 39+00) Marshall Street (Sta. 0+00 thru 6+00) Marshall! Ruth Street (Sta. 6+00 thru 12+00) Ruth Street (Sta. 12+00 thru 18+00) Ruth Street (Sta. 18+00 thru 24+00) Ruth Street (Sta. 24+00 thru 30+00) Ruth Street (Sta. 30+00 thru 33+00) Hilda Avenue (Sta. 0+00 thru 6+00) Hilda Avenue (Sta. 6+00 thru 12+00) Hilda Avenue (Sta. 12+00 thru 14+50) Barrett Street (Sta. 0+00 thru 6+00) Barrett Street (Sta. 6+00 thru 11+50) Scott Street (Sta. 0+00 thru 6+00) Scott Street (Sta. 6+00 thru 10+50) Orange Avenue (Sta. 0+00 thru 5+00) Old Morris Road (Sta. 0+00 thru 6+00) Old Morris Road (Sta. 6+00 thru 12+00) Old Morris Road (Sta. 12+00 thru 18+00) Old Morris Road (Sta. 18+00 thru 22+17.05) Details SC-l I I ~I' .1 I \ I I II ,I i I I ., I. I 'I 'I".... i .1 I ,I, I, 1\ I I: .1 'I Ir '1/ I I, I ,I' ,I Ii 'I', I, I I SC-03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions, SC-04. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. SC-05. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to three (3) sets of direct blue line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. SC-06. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submitting his estimate for [mal payment. and as a condition for payment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. SC-07. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-2 SC-08. SAL V AGE MATERIAL: All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain the property of the Owner and will be stockpiled at , in the manner directed by the Engineer. ' SC-09. REFERENCED SPECIFICATIONS: Where specifications or standards oftrade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. SC-lO. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. SC-ll. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. SC-12. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. SC-3 I I II I. ;1 I '1 I, ,I I :1- I " I .1 I, I I I I, I 1\ ,I, I I I I I, I I, I I I I~ .1, I I I The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections, Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or ,disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. SC-4 I I 1\ ,I, ,I I I ~I, I I, I I, I I I, .1' I I I INDEX TO TECHNICAL SPECIFICATIONS ~:~~~il~1!~I;~~i!~illl~lt~!III~jl~li!il~"ll:;llI111~ll!il:::I:':'I:li.,:::i~I!",~1:il~11!:I:i~I![I:I[i~1;:~1[li:IUll~1111Iilll!:!:i:!11: liil.lllil!l:lil:il!li~:1111!~11111111:I~il::;~~~~~::m::~~;,~: Clearing and Grubbing Grading Excavating, Trenching and Backfill for Pipe Lines Water Distribution System Concrete Curb and Gutter Concrete Construction Bituminous Paving Grassing 1 - 2 3-6 7-9 10 - 17 18 - 21 22 - 23 24 - 25 26 - 27 CLEARING AND GRUBBING 01. SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, post, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface and occurring within the construction limits or right-of-way of any excavation, borrow area, or embankment. 02. CONSTRUCTION METHODS: Clearing: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface. Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to the main branches, and the cuts thus made shall be painted with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected from damage incident to construction operations by the erection of barriers or by such other means as 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 matted roots from the site as indicated on the drawings. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth not less than l8 inches below any subgrade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. 03. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him provided such disposal is otherwise in accordance with these specifications. All combustible matter removed shall be hauled away and deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. If allowed by the appropriate governmental authorities, burning shall be done at such time and such manner as to prevent fire from spreading and to prevent damage to adjacent cover and shall further be subject to all requirements of State or Federal Governments pertaining to the burning. Disposal by burning shall be kept under constant attendance until all fires have burned out or have been extinguished. TS - 1 I I il I I, I '1 Ii I' ,I I ,I I I I 'I ,I I I I I I' I ~I: I I ~I I, I I I, ,I I I I I I I No burning will be allowed on the site unless all fires be kept under constant attendance by persons having equipment necessary to prevent the spreading of fires. Such equipment shall include, at the minimum, a bulldozer or front-end loader, and an approved pump and hose connected to an acceptable source of water. 04. MEASUREMENT AND PAYMENT: Clearing and grubbing will be considered as a major item and shall be paid for at the lump sum price as stated in the Bid Schedule. TS - 2 I I I .1 ,I I I IU 'I I I I. ,I I I I I I II GRADING 01. SCOPE: This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or walks, including all excavations, formation of embankments, preparation of subgrade for pavements and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation, trenching, and backfilling for utility lines is specified under the section entitled "Excavating, Trenching, and Backfilling for Pipe Lines". 02. CONSERVATION OF TOPSOIL: Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoil and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles convenient to areas that are to receive application of topsoil later, or at locations indicated. Topsoil shall be stripped to a depth of 3 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials. 03. EXCAVATION: The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every description regardless of material encounter within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits of the work. When directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as described under the Unified Soil Classification System. Such material removed and the selected material ordered as replacement shall be included in excavation. Unsuitable and surplus excavation material not required for fill shall be disposed of in designated waste or spoil areas on or near site and to be determined by the Owner and/or Engineer. During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage. at all times. Any necessary clearing~ grubbing, grassing, disposal of debris and satisfactory trimming and drainage of the spoil areas other than provided for in the Bid Schedule shall be considered incidental to the wasting operations and shall be performed by the Contractor at no additional cost to the Owner. 04. SELECTION OF BORROW MATERIAL: General: Borrow material shall be selected to meet the requirements and conditions of the particular fill for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Any necessary clearing, grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and shall be performed by the Contractor at no additional cost to the Owner. Unless specifically provided, no borrow shall be obtained within the limits of the project site without written approval. Borrow Area(s): Borrow material shall be furnished by the Contractor from private sources TS - 3 selected by the Contractor and shall consist of a suitable material of the type mentioned above. The Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the expense of developing the sources, including right-of-way for hauling. 05. EXCA V A TION DITCHES AND GUTTERS: Ditches and gutters shall be cut accurately to the cross-sections and grades indicated by the drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches and gutters shall be cut one foot below finish grade. Care shall be taken not to over excavate ditches and gutters below the grades indicated. Any excessive ditch and gutter excavation due to removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble to form an adequate gutter paving as directed. The Contractor shall maintain all ditches and gutters excavated under this specification free from detrimental quantities of leaves, sticks, and other debris until final acceptance of the work. Suitable earth material excavated from ditches and channel changes shall be placed in embankments. Excavated material shall not be deposited within a distance from the edge of any excavation of less than 1 1/2 times the depth of the excavation. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch pavement shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under section entitled "Grassing". The Contractor shall be responsible for maintaining these newly constructed ditches and take immediate action subject to approval to keep erosion out of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required maintenance. 06. PROTECTION OF EXISTING SERVICE LINES AND UTILITY STRUCTURES: Existing utility lines that are shown on the drawings or the locations of which are made known to the Contractor prior to the excavation that are to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired by the Contractor at his expense. In the event that the Contractor damages any existing utility lines that are now shown, or the locations of which are not known to the Contractor, report thereof shall be made immediately to the Engineer. If determined that repairs are made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled CHANGES. 07. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to prevent wedging action or eccentric loading upon or against structures. Slopes bounding or within areas to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and in the formation of embankments, equipment that will overload the structure in passing over the compacting of these fills shall not be used. Backfill for storm drains and subdrains, including the bedding, shall conform to the additional requirements as specified. TS - 4 I ", I, I I. :1 I' 'I I~ I I I .1 I I I I I I 'I, I I I, ,I I I o I 'I Ii I I I I I I I I ,I 08. PREPARATION OF GROUND SURFACE FOR FILL: All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter, rubbish and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or under the fill area unless specifically allowed by the Engineer. Sloped ground surfaces steeper than 1 vertical to 4 horizontal on which fill is to be placed shall be plowed, stepped or benched, or broken up as directed, in such manner that the fill material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or dried as may be required to obtain the compaction specified. 09. FILL: Fills and embankments shall be constructed at the locations and to the lines and grades indicated. The completed fill shall correspond to the shape of the typical section indicated or shall meet the requirements of the particular case. Suitable material removed the excavation shall be used in forming the fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones having maximum dimensions greater than 6 inches. No frozen material will be permitted in the fill. Stones having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed in loose depth for the full width of the cross section and shall be compacted as required. 10. COMPACTION: Overall or Overlot Areas: Each layer of the fill or embankment except in the areas indicated as not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber- tired roller, three-steel wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types of soil encountered, as approved, to at least 95 percent of maximum density at optimum moisture content. Field Control: In areas where the density of the fill or embankment is specified, field density tests will be performed in sufficient number to insure that the specified density is being obtained. These tests will be made at the expense of the Contractor and will be in accordance with AASHO Standard T147. 11. FINISHED EXCAVATION. FILLS AND EMBANKMENTS: All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either blade-grader or scraper operations, supplemented with hand raking and finishing, except as otherwise specified. The finished surface shall be not more than 0.10 foot above or below the established grade or approved cross section. Ditches and gutters shall be finished so as to permit adequate drainage. The surface of areas to be grassed shall be finished to a smoothness suitable for the application of grassing materials. The surface of embankments or excavated areas for road construction or other areas to be paved on which a base course or pavement is to be placed shall not vary more than 0.05 foot for the established grade and approved cross section. In areas where the bulking of soil as a result of grassing operations will TS - 5 tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.1 foot below grade prior to grassing. 12. DISPOSAL OF W ASTE MATERIAL: All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer. All trees, stumps, brush down timber, etc. in the disposal area shall be cleared and shall be disposed of by burning, removal from the property or a combination of both. Clearing and disposal of trees, stumps, etc. shall comply with the applicable portions of the Clearing and Grubbing specifications. The complete layer of topsoil in the entire disposal area shall be removed before placing the surplus excavation. Surplus excavation shall be hauled to the designated stripped disposal area, leveled to drain and firmed under the normal operation of spreading and hauling equipment. The topsoil shall then be placed, leveled and lightly compacted. 13. PLACEMENT OF TOPSOIL: Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract, excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be uniformly placed on these areas to a compacted depth of not less than three (3) inches or more than four (4) inches. The material shall be free from clods of soil, matted roots, roots greater than 1/2 inch in diameter, and any other objectionable material which might hinder subsequent grassing and mowing operations. The material shall be placed, leveled, and lightly compacted with at least one pass of a cultipacker or light pneumatic- tired roller, to required cross sections, but shall be left one-tenth (0.1) of a foot below the finished earth grade. 14. PROTECTION: Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to the required elevations and slopes, at no additional expense to the Owner. 15. MEASUREMENT AND PAYMENT: Excavation of all substances encountered, except rock excavation as stated in the Proposal, will be paid for at the lump sum amount therefor in the Bid Schedule. Placement of fill and anyon-site or off- site wasting of excess excavated material will be considered as subsidiary responsibilities of the Contractor, and no separate payment will be made therefor. TS - 6 I I ,I I "I, I: 1-' 'I I ~I I I 'I I I I I I '1 I I I I I I I I I I I I I I I I I I ,I ,. ,< EXCAVATION, TRENCIllNG AND BACKFILLING FOR PIPE LINES lj.;: !},., 01. SCOPE: This section covers all excavation, trenching and backfilling for pipe lines, complete. 02. EXISTING IMPROVEMENTS: Maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone 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. 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. 03. EXCAVATION: Perform all excavation of every description and whatever substances encountered, to the depths indicated on the drawings or as specified herein. Water piping shall be installed with a minimum finish cover of 40 inches. Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated trenches 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 not less than 6 inches or more than 8 inches in width is provided on each side of the pipe. The bottom oftrenches 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 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 notto excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock 'excavation and all excess trench excavation shall be backfilled with loose moist earth, thoroughly tamped. Wherever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, or is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the TS - 7 trench backfilled to the 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 concrete. Grading and Stacking: All grading in the vicinity of trench excavations 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 approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half times the depth of excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. Shoring and Sheeting: 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 foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. Water Removal: 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 where the work is completed or in progress. 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. 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 5,0 feet of pipe already laid in the trench. Tree Protection: Care shall be exercised to protect the roots of trees to be left standing. Within the branch spread of such trees, all trenching shall be performed with extra care. The trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. 04. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or TS - 8 I I I I I I I I. I' :1 I I I I I I I I 'Ii I I I I I .1 I ,8 I I' I :1 I I I I I I ,I ;; other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth, or earth with an exceptionally high void content. For backfill up to a level one foot over the top of pressure pipelines and two feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided materials free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 6 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 approximating 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 6 inch layers and each layer moistened and compacted to 100% maximum dry density, 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 to the required grade and 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 be 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 Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. 05. 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 the repair or replacement of driveways, walks, fences, steps, or other facilities in such manner as to meet with the approval of the Engineer and to be at least equal in quality to the original undisturbed work. 06. REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EOillPMENT: Where indicated on the drawings or required to properly place the work under this contract, as approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved by the Engineer. 07. MEASUREMENT - PAYMENT: Excavation and backfilling for pipelines and appurtenances except herein after provided for, will be considered as incidental to the construction of the various elements of the installation it is associated with, and no separate payment will be made therefor. TS - 9 I I I I I, I I I I I, I I I I I I I I I 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 arid sterilization of underground 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 Augusta Richmond County Utilities Department prior to beginning construction. Any installation made without approval shall be removed at the contractor's expense. 02. NOTIFICATION: Before commencing any water main construction, the Contractor shall notify the Augusta Richmond County Utilities Department, 2760 Peach Orchard Road, 796-5000. No valves shall be operated by the Contractor or his representative without an authorized employee of the Waterworks Operations Department being present. 03. SPECIFICATIONS (MATERIALS): a. GENERAL: Pipe for water mains shall be cast iron (CI), ductile iron (DI), or polyvinyl chloride (PVC) per following specifications. Fittings for all pipe shall be cast iron or standard size ductile iron, mechanical joint, cement lines. Retainer glands, where specified, shall be ductile iron. All materials will be American made. Any pipe, solder or flux used in the installation or repair of the water lines must be lead-free. Pipes and' fittings must not contain more than 8.0% lead and solders and flux must not contain more than 0.2 % lead. Water meter service lines shall be copper, Type K, with brass fittings, as listed below: Curb Cocks (3600, turn) Corporation Cocks Service Ells Service Connections Copper to Copper Copper to Iron Mueller: H-I0257 H-9971 H-15530 H-15485 H-15400 H-15425 Hays: 4000 5230 5628 5312 5615 .5605 Ford: Bl1-233 F-200 L-28-44 LA 102-34 C22-34 C28-34 McDonald: 6111 3120 4779 4749 . 4758 4753 Note: Flare fittings only. No compression fittings will be accepted. b. IRON PIPE: Cast iron or ductile iron pipe and fittings shall be in accordance with the following specifications with 1/6" cement mortar lining and rubber gasket joints, except where noted on plans, Cast iron pipe shall have a bursting tensile strength of 21 ,000 psi and a ring modulus of rupture of 45,000 psi, Except as otherwise indicated on plans, minimum wall thickness shall be as follows: TS - 10 Pipe Size: Thickness Class: Cast Iron Ductile Iron 22 3 (Class 50) 21 2 (Class 50) 23 2 (Class 50) 4" 6" - 20" 24" Specifications: AWWA C-I06-75 ANSI A-21.6-1975 Description: Cast iron pipe centrifugally cast in metal molds for water or other liquids. AWWA C-I08-75 ANSI A21.8-1975 Cast iron pipe centrifugally cast in sand-lined molds for water or other liquids. AWWA C-llO-71 ANSI A21.1O-1971 Gray-iron and ductile iron fittings, 2" thru 48" for water and other liquids. AWWA C-III-72 ANSI A21.11 Rubber-gasket joints for cast iron and ductile iron pressure pipe and fittings. AWWA C115-75 ANSI A21.15-1971 Flanged cast iron and ductile iron pipe with treaded flanges. AWWA C151-71 ANSI A21.51-1971 Ductile iron pipe, centrifugally cast in metal molds for water or sand-lined molds for water or other liquids. A WW A C-602-83 ANSI A21.4-1974 Cement-mortar lining for cast-iron and ductile-iron pipe and fittings for water. The pressure rating, metal thickness class, net weight or pipe without lining, length of pipe and name of manufacturer shall be clearly marked on each length of pipe. c . GALVANIZED PIPE: All galvanized pipe (llh " - 3 ") shall be American made, Schedule 40 and shall conform with the ASTM Specifications. d. POLYVINYL CHLORIDE (PVC) PIPE: Polyvinyl chloride pipe shall be in accordance with AWWA Specifications C900-75, Polyvinyl Chloride (PVC) Pressure Pipe, 4" thru 12" for water, Class 200, DR-14 with cast iron pipe equivalent OD's, gasket bell end with elastromeric gasket. 1. Polyvinyl Chloride (pVC) Pipe: llh" thru 3" shall be ring-tite or solvent welded joints, Class 200. Fittings shall be same as specified for iron pipe. e. VALVES:' Valves shall be iron body, bronze mounted, A WW A mechanical joint, convention or "0" ring packing, approved non-rising stem gate valves. Valves shall be M&H Fig. 67M, Mueller H-866 or H-864 or approved equal. All gate valves and tapping valves shall be OPEN RIGHT. 1. Gate valves in sizes 4" thru 12" shall be Mueller H-866 or approved equal. TS - 11 I . . , . I I I I I: ./ I I' I' I I I I I I ,I I I I I I I I I I I I I I I' I I I I I I I I 2. Gate valves in sizes 16" and larger shall be of the horizontal type with mechanical joint, rollers, tracks and with non-rising stem. All 16" and larger valves shall have a by-pass valve with non-rising stem. All horizontal valves shall have totally enclosed watertight gear case. Horizontal valves should be of the Mueller A-2480-20-106 type or approved equal. " ~.; f. VALVES BOXES: Valve boxes shall be American made M&H E-2702 (564A), Mueller HI0364 (564A), Russell #564-S or 564A, or approved equal. Each valve box shall be slip-type to adjust for a minimum cover of 36" bury. Extension pieces will be required for additional depth over valve. ExtenSions shall be M&H E-3120 or Mueller H-10375 or approved equal. Covers shall have "water" cast on top. g. METER BOXES: Meter boxes shall be American made "Rome Type" cast iron 10" x 19" x 10". You shall have cast ribs on bottom side with four (4) legs to prevent sliding movement. Top shall have minimum weight of 13 pounds. Box shall have minimum weight of 37 pounds. Lids to be marked "water". h~ FIRE HYDRANTS: Fire hydrants shall be in accordance with A WW A Specifications C502-73, Dry Barrell Fire Hydrants, as modified by the following: 1. Model - Mueller Centurian, M&H, Figure 29 %, or approved equal. A WW A compression type - dry top - traffic model, ISO psi working pressure, 300 psi testing pressure. 2. Size of Hydrant Valve Opening - 5 1/4". 3. Number and Size Hose Nozzle - 2. 4. Hose Nozzle Threading - National Standard. 5. Number and Size Steamer - I. 6. Steamer Nozzle Threading - 5 3/8" 0.0., 6 threads per inch. 7. Size of Shoe Connection - 6". 8. Type of Shoe Connection - Mechanical Joint. 9. Size and Shape of Operating Nut - Pentagon, I Ih" flat to point. 10. Direction of Opening - Open Left (counter clockwise) N.R.S. 11. Bury - Minimum 42" . 12. Color - Yellow with aluminum bonnet and caps. i. TAPPING SLEEVES: The tapping sleeve shall be mechanical type joint suitable for 150 psi working pressure, M&H, Mueller, Clow; or equal. 04. EXCAVATION. TRENCHING AND BACKFILLING: Excavation, trenching and backfilling shall be in accordance with the Section, "Excavation, Trenching and Backfilling for Pipe Lines" . 05. INSTALLATION: a. GENERAL: Installation of pipe, valves, fittings and appurtenances shall be in accordance with the applicable provision ofthe specified sections of the following specifications. Minimum cover over top of pipe shall be 36" or as indicated on plans. A horizontal separation of at least la' must be maintained TS - 12 between the water main and the existing or proposed sewer. When water mains cross sewers, a minimum vertical separation of 18" 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. 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. b. WATER METER SERVICE: 1. Taps: Taps shall be made on the upper half of the water main at an 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" behind the back and 8" below the top of the new curb or raised edge asphalt. A plan of typical water meter services is incorporated in these specifications. Service taps on mains in subdivisions shall be made so that service lines will be located in the center of proposed lots. f 2. New Water Meter Service on New and existing Mains: A new water meter s~rvice shall consist of the following: (a). 1" tap in water main and double-strapped tapped saddle if on PVC pipe. (b). 1" corporation cock installed in main. (c). 1" main connector, optional. (d). 1" copper tubing from main connector. (e). 1" service ell. (t). 1" curb cock. Refer to Section TS-03 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 Augusta Richmond Utilities Dept. Engineer; installing a new 1" 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. 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. TS - 13 I I fri. I I I .,: 1'1 - "\, . .: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 6. Existing Water Mains to be Extended or Tapped: No taps or extensions of existing mains shall be made unless an Inspector is present. Notice of 24 hours shall be given to the Augusta Richmond Utilities Dept. before commencing work. Large transmission mains will be tapped by Augusta Richmond Utilities Department at the contractor's expense. 7. New Water Main Installation: After the curb and gutter has been installed or line and grades established to receive asphalt with raised edge, the water main shall then be installed. Procedure of installation to conform to A WW A Specifications C600-64, Section 7, 9b through 13. c. VALVES: Before setting each valve, make sure the interior is clean and test opening and closing. Set valves and stops with stem 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' 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 plump with hose nozzles 18" above finished grade and 24" behind the curb. The hydrant shall be set at a height so that the backfill or fmal grading will be at the bury line. The fire hydrant shall be set a minimum of 3' from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be case iron or ductile with 6" M. J. 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 cost of red lead paint and two (2) field costs of high grade paint of the color specified by the Augusta Richmond Utilities Dept. Engineer. e. REACTION BLOCKING: All plugs, fire hydrants, caps, tees, bends and other fittings shall be provided with adequate reaction blocking. Reaction blocking shall be of 3000 lb. concrete and shall bear directly against the undisturbed trench wall. Metal tie rods and clamps and retainer glands may be used in lieu of blocking when using cast iron pipe. All tie rods, clamps and retainer glands shall be given a bituminous protective coating~ All bolts and joints shall be left exposed and caution taken while pouring blocking not to cover tees, bolts, etc., as mentioned above. 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 Augusta Richmond Utilities Dept. 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 Augusta Richmond Utilities Dept. Engineer, complete with reaction blocking. 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 of the tapping sleeve. (Refer to Section 03, paragraph i.) The cost of which shall be reimbursed by the Contractor. TS - 14 06. TESTING: After installation of the main, hydrant, services and appurtenances, the main shall be filled and flushed to remove air from the system prior to the testing, The main shall then be refilled and all valves closed feeding the system to be tested. The Contractor shall be required to furnish all equipment to satisfactorily perform the hydrostatic test as specified herewith. The pump shall be installed at the low point of the system and pressure shall be increased to 100 lbs. per square inch above the normal static pressure or 200 Ibs per square inch, whichever is greater. Leakage shall not exceed 23.3 gallons per day, per mile of pipe, per inch of diameter. All pressure tests shall be successfully conducted for not less than four (4) consecutiv hours. The test shall be performed after the curb and gutter has been completed and all curb cocks have been located. Notice of 24 hours shall be given to the Augusta Richmond Utilities Dept. Engineering Department prior to beginning the test. 07. STERILIZATION: Sterilization shall comply to AWWA Specifications C601-53T, Sections 2-2, 2-3, and 2-4. A representative from the Augusta Richmond Utilities Dept. shall be present with four (4) hours notice prior to placing the disinfectant in the system. A notice of 24 hours shall be given the Augusta Richmond Utilities Dept. Engineering Department when the main is ready for a sample to be drawn and tested. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipe lines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the Health Department shall be observed in executing this work. Acceptable analysis must be obtained prior to placing the system in service. Disinfection of water lines and the disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with A WW A Standard C651 (latest revision). *b2W 08. "DRY BORE AND JACK" METHOD: MATERIALS: 1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A-211, Grade B, with minimum wall thickness of 0.438 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: The carrier pipe shall be ductile iron as specified herein. 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 Augusta Richmond Utilities Dept. 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 wooden skids with metal straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar. TS - 15 I I, I I I I I, I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I I 09. 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 a location as directed by the Augusta Richmond Utilities Dept. Engineer. 10. MEASUREMENT: a. WATER MAIN: The overall length of water main actually installed will be measured in linear feet along the central axis of the diameter of the pipe from the center to center of junction pipes, end of pipe of centerline of fitting, valve or fire hydrant, whichever is applicable. b. FITTINGS: Measurement of fittings shall be the total weight of all fittings with retainer glands installed and accepted. Weight of gaskets and bolts and nuts shall be included in measured weight. c. WATER MAIN CUT AND PLUGGED: The quantity to be paid for underthis item will be the actual number of each size water main cut and plugged, complete and accepted. d. TAPPING SLEEVE AND VALVE: The quantity to be paid for under this item will be actual number oftapping sleeves and valves installed, complete, including tap and valve box and accepted. e. VALVES: The quantity to be paid for under this item will be the actual number of valves, installed, complete with valve box and accepted. f. FIRE HYDRANTS: The quantity to be paid for under this item will be the actual number of fire hydrants installed, complete and accepted. g. WATER METER SERVICES: The quantity to be paid for under this item will be the actual number of water meter services (new), water meter services (existing water main), and water meter services renewed (existing main) installed, complete and accepted. h. WATER METER SERVICE ADJUSTED: Measurement of water meter services adjusted shall be the actual number of water meter services adjusted, complete and accepted (this item includes new pipe and fittings, as required). i. JACK & BORE: Installation of pipe by jack and bore method shall be measured in place from end of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking and casing pipe ends sealed, complete per plans and this specification. 11. PAYMENT: Payment for each size of water main pipe'measured as specified above will be paid for at contract price per linear foot as set forth below. Other measured items shall be paid for at the contract unit or lump sum price for the various items, which payment shall be full compensation for furnishing and installing the items, complete in place in accordance with the specifications. TS - 16 No separate payment will be made for excavation and backfill, testing, sterilization, reaction blocking and for clamps and tie rods or other items of work required for a complete installation except as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid item. I I I inch size per linear foot per ton per each per each per each per each per each per each per each per linear foot I I I I I I I Payment will be made under the following: Water Main Fittings Valve with Box Tapping Sleeve and Valve Water Meter Service, New Water Meter Service, Renewal, Existing Main Water Meter Service, Adjusted Water Main Cut and Plugged Fire Hydrant Boring and Jacking for Water Line inches inch size inch size I I I I I I I TS - 17 I I I I I I I I I I I I I I I I I I I I I CURBS AND GUTTERS, CONCRETE 01. SCOPE: This section covers construction of Portland cement concrete curbs and gutters, complete. 02. CONCRETE: Concrete and the equipment, workmanship and materials therefor shall conform to the applicable requirements of the CONCRETE CONSTRUCTION section, except as hereinafter specified. The maximum size of coarse aggregate shall be 1 Y2 inches and not less than 1 inch. Concrete shall have a slump of not more than 3 inches. The concrete mixtures shall have an air content by volume of 4.5 percent, plus or minus 1.5 percent, based on measurements made on concrete immediately after discharge from the mixer. 03. SUBGRADE PREPARATIONS: The subgrade shall be constructed true to grade and cross section. The subgrade shall be of materials equal in bearing quality to the subgrade under the adjacent roadway or street and shall be placed and compacted to conform with applicable requirements of section entitled SAND-CLAY BASE COURSE with the following modifications. The subgrade for curb and gutter shall extend in all cases at least 1 foot in width back of the curb or gutter or valley pavement. ' The subgrade shall be tested for grade and cross section by means of a template extending the full width of the curb, gutter or combination curb and gutter. The sub grade shall be maintained in a smooth, compacted condition, in conformity with the required section and established grade until the concrete is placed. The sub grade shall be in a moist condition when concrete is placed. In cold weather, the sub grade shall be prepared and protected so as to produce a subgrade free from frost when the concrete is deposited. 04. FORMS: Forms shall be of wood or steel, straight and of sufficient strength to resist springing during depositing and consolidating the concrete. The outside forms shall have a height equal to the full depth of the curb or gutter. The inside form of curb shall have batter as indicated and shall be securely fastened to and supported by the outside of the form. Straight forms of wood shall be 2 inch nominal surface plank, and of steel, shall be of approved section with a flat surface at the top. Rigid forms shall be provided for curb returns except that benders or thin plank forms may be used for curb or curb returns with a radius of 10 feet or more, where grade changes occur in the return, or where the central angle is such that a rigid form with a central angle of 90 degrees cannot be used. Back forms for curb return may be made 1/2 inch benders, for the full height of the curb, cleated together. Curb forms shall be carefully set to alignment and grade and to conform to the dimensions of the curb. Forms shall be held rigidly in place by the use of stakes placed at intervals not to exceed 4 feet. Clamps, spreaders and braces shall be used where required to insure rigidity in the forms. The forms on the front of the curb shall be removed not less than 2 hours nor more than 6 hours after the concrete has been placed. Forms back of curb shall remain in place until the face and top of the curb have been finished as specified in the FINISlllNG paragraph. Gutter forms shall not be removed for 12 hours after ,the concrete has been placed. Forms shall not be removed while the concrete is sufficiently plastic to slump in any direction. Forms shall be cleaned and coated with form oil each time before concrete is placed. Wood forms may, instead, be thoroughly wetted with water before concrete is placed, except that with probable freezing temperatures, oiling is mandatory. TS - 18 05. JOINTS: Expansionjoints and contraction joints shall be constructed at right angles to the line of curb, gutter, and combination curb and gutter. Dowels, tie-bars and reinforcement when required will be shown on the plans and shall be installed in accordance with the applicable details. Contraction joints shall be constructed by means of 1/8 inch thick separators, of a section conforming to the cross section 'of the curb, gutter entrance payments, and combination curb and gutter. Contraction joints shall be so placed that monolithic sections between curb returns will be not less than 5 feet nor greater than 15 feet in length. Separators shall be removed as soon as practicable after the concrete has set sufficiently to preserve the width and shape of the joint. After separator plates have been removed, all exposed edges of joints shall be rounded with the proper edging tool to a radius of 1/4 inch. Expansion joints shall be formed by means of preformed expansion joint filler material cut and shaped to the cross section of the curb, gutter, entrance, and combination curb and gutter. Expansionjoint filler, unless otherwise specified, shall conform to ASTM Standard D 1751-60 or D 1752-60 or shall be resin- impregnated fiberboard conforming to the physical requirement of ASTM Standard DI752-60. Expansion joints shall be provided in curb and combination curb and gutter at the ends of all returns. Expansionjoints at least 1/2 inch in width shall be provided in non-reinforced concrete gutter at the locations indicated. 06. CONSTRUCTION: Curbs, gutters and combination curb and gutters shall be of the dimensions and sections shown on the drawings. Reconstruction: Where the plans provide for reconstruction of existing curb, combination curb and gutter and the limit of new work specified does not fall on a joint, the entire section shall be removed and the new curb, combination curb and gutter or entrance pavement shall join the old curb at the first joint line beyond the specified limit. Placing Concrete: The faces and adjacent edges of abutting rigid pavements and structures shall be painted with an approved bituminous material prior to placing concrete. Concrete shall be placed in the forms to the specified depth in 6 inch layers and thoroughly consolidated by tamping and spading so that there are not rock pockets at forms, and mortar entirely covers the top surfaces. Concrete may be compacted by means of mechanical vibrators. Finishing: The edges of the gutter and top of the curb shall be floated and finished with a smooth wood float until true to grade and section and uniform in texture. The floated surfaces hall be then brushed with a fme-hair brush with longitudinal strokes. Immediately after removing the front curb form, the face of the curb shall be rubbed with a wood or concrete rubbing block and water until blemishes, form marks, and tool marks have been removed. The surface, while still wet, shall be brushed in the same manner as the gutter and curb top. The top surface of gutter and entrance shall be finished to grade with a wood float. Except at grade changes or curves, the finished surfaces shall not vary, from the testing edge of a 10 foot straightedge, more than liS inch for curb and entrance and 1/4 inch for top and face of curb. Irregularities exceeding the above shall be satisfactorily corrected. Visible surfaces and edges of the finished curb, gutter, and combination curb and gutter shall be free of blemishes and form and tool marks, and shall be uniform in color, shape and appearance. TS - 19 I I I I I I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I Curb-forming machines for constructing curb and gutter will be approved based on trial use on the job. Use of the equipment shall be discontinued at any time during the construction if the equipment produces unsatisfactory results, and the work shall be accomplished as specified hereinbefore. Unsatisfac- tory work shall be removed and reconstructed for the full length between regularly scheduled joints. Removed portions shall be disposed of as directed. 07. CURING AND PROTECTION: Curing: Immediately after the finishing operations, the exposed concrete surfaces shall be cured by one of the following methods as the Contractor may elect: Mat Method: The entire exposed surface shall be covered with cotton, mats conforming to Federal Specification DDD-M-148 or with tow or more layers of burlap conforming to Federal Specification CCC-C- 467b having a combined weight of 14 ounces or more per square yard when dry. Mats shall overlap each other at least 6 inches. The mats shall be thoroughly wetted with water prior to placing on the concrete surface and shall be dept continuously in a saturated condition and in intimate contact with concrete for not less than 7 days. Impervious-Sheeting Method: The entire exposed surface shall be wetted with a fine spray of water and then covered with water-proof paper conforming to ASTM Standard C 171-63, or with wetted polyethylene-coated burlap or polyethylene sheeting conforming to the water-retention requirements of ASTM Standard C171-63, polyethylene sheeting and polyethylene film bonded to burlap shall be not less than 0.004 inch thick. Membrane-Curing Method: The entire exposed surfaces shall be covered with a pigmented membrane-forming curing compound. The curing compound shall be applied in two coats by hand-operated pressure sprayers at a coverage of approximately 200 square feet per gallon for both coats. The second coat shall be applied in a direction approximately at right angles to the direction of application of the first coat. The compound shall fonD. a uniform continuous coherent film that will not check, crack, or peel and shall be free from pinholes or other imperfections. Concrete surfaces that are subjected to heavy rainfall within 3 hours after the curing compound has been applied shall be resprayed by the method and at the coverage specified above at no additional cost to the Owner. Joint openings shall be sealed at the top by inserting moistened paper or fiber rope or covering with strips of water-proof paper prior to application of the curing compound, in a manner to prevent the curing compound from entering the joint. Concrete surfaces to which membrane-curing compounds have been applied shall be adequately protected for 7 days from pedestrian and vehicular traffic and from any other action which might disrupt the continuity of the membrane. Any area covered with curing compound and damaged by subsequent construction operations within the 7 day period shall be resprayed as specified above at no additional expense to the Owner. Protection: After curing, debris shall be removed, and the backfill shall be placed as indicated. The completed curb, gutter, and combination curb and gutter shall be protected from damage until accepted. The Contractor shall repair damaged concrete and clean concrete discolored during the construction. Curb, gutter, and combination curb and gutter that are damaged shall be removed and reconstructed for the entire length between regularly scheduled joints, not be refinishing the damaged portion. Removed damaged portions shall be disposed of as.pirected. TS - 20 TS - 21 I I I I I I: I I I I I I I I I I I I I 08. SEALING JOINTS: The sealing of expansionjoints in curb and gutter sections will not be required. Any expansion joint material protruding after the concrete is cured shall be trimmed flush with the surface. Expansionjoints in the valley pavement shall be sealed with an approved joint sealer, conforming to Federal Specification SS-S- 164. The joint opening shall be thoroughly cleaned of all foreign material before the sealing material is placed. The sealing shall be done in such manner that the material will not be spilled on the exposed surfaces of the concrete. Any excess material on the exposed surfaces of the concrete shall be removed immediately and the exposed concrete surfaces cleaned. 09. PAYMENT: Payment will be made on the basis of unit prices shown on the bid schedule. I I I I I I I I I I I I I I I I I I I :~ ~ CONCRETE CONSTRUCTION ~ 01. SCOPE: This section covers concrete construction, complete, including reinforcement therefor. 02. FORMS: Forms shall be of wood, metal, structural hardboard or other suitable material that will produce the required surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate alignment to assure a smooth surface completely free from irregularities, and shall be sufficiently tight to prevent the loss of mortar. No forms shall be left permanently in place without approval of the Engineer. Holes resulting from removal of form ties shall be filled solid within 12 hours after removal of forms with cement mortar. 03. REINFORCING AND EMBEDDED METALS: Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the ASTM Designation AI5-65. All bars 3/8 inch and larger shall be deformed bars 'conforming to ASTM DesignationA305-65. Detailing, fabrication and tagging of reinforcement shall be done in accordance with the ACI "Manual of Standard Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that were longer laps are indicated on the design drawings, the drawings shall govern. Wire fabric reinforcement shall consist of steel wire conforming to the requirements of ASTM Designation A 185-64. Anchor bolts and structural shapes shall conform to ASTM Designation A36-66T. Exposed surfaces of embedded steel shall be given one shop coat of Red Lead Iron Oxide conforming to Federal Specification IT -P-86c, Type II, unless otherwise noted on the drawings. Anchor bolts and miscellaneous steel items to be embedded in concrete shall be accurately placed in accordance with the drawings, and adequately secured in position to prevent dislodgement during concrete placing operations. Anchor bolts shall be protected after concrete has been placed and set by daubing with grease, wrapping with burlap, and covering bolts with wooden boxes. 04. CONCRETE: All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance with the requirements of ASTM Designation C94-65 and having a compressive strength at 28 days of 3 ,000 psi, except as noted herein. The concrete manufacturer shall assume the responsibility of the design of the concrete mix in accordance with Alternate No.2 of ASTM C94-65. Air entrained concrete shall be used for all concrete exposed to the elements. Materials: Cement shall be Type I or IA "Portland" cement, all one manufacturer, conforming to ASTM C 150- 65 or ASTM C 175-66, respectively. Aggregates shall conform to ASTM C33-64. Coarse aggregate shall be crushed rock or gravel and graded from 3/4 inch to #4 sieve for walls and slabs and from 2 inches to #4 sieve for mass or foundation concrete. Fine aggregate shall be natural sand. TS - 22 Mixing water shall be proportioned so that slump when measured with standard slump cone does not exceed the following: Slabs in grade Walls & Footings All others Max. 4 inches, Min. 3 inches Max. 5 inches, Min. 3 inches Max. 6 inches, Min. 3 inches Premolded joint filler strips shall be resilient compressive, bituminous and fiber material saturated with at least 35 percent and not over 50 percent by weight of asphalt. Poured type joint composition for expansion joints shall be elastic compound made up of asphalt and colloidal mineral fillers. Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete. Runways shall not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24 inches deep. Vibrators may be used provided they are used under experienced supervision and the mixture is dry enough to prevent segregation. Form vibrators shall not be used. Vibration shall not be used for transporting or moving concrete inside the forms. No more concrete shall be placed than can be consolidated and finished in the same day as placed. Free fall of concrete shall be limited so that no segregation of materials occurs. Joints: Construction joints not indicated on drawings shall be approved by the Engineer in advance of pour. Joints in foundation walls shall be keyed. Before depositing of concrete is resumed, the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before the grout has attained its set. Finishing: After stripping forms, all voids and honeycombs shall be patched by chipping and scarifying the defective area and treating it with an approved bonding tended that all such voids be patched, not merely plastered. Grout mixture shall consist of 1 part Portland cement and 1 part sand. Immediately following removal of forms, all fins and irregular projections shall be removed from all surfaces except those which are not to be exposed or waterproofed. Slabs shall be struck-off and consolidated by approved machine or hand methods, screeding and tamping concrete so that upon completion, the surface shall be true to grade as shown on drawings and free of surface voids. All floors shall have a monolithic steel trowel fInish unless otherwise indicated on the drawings. Exterior walks shall be compacted, screeded and floated to a true even surface with wood floats and then broomed. 05. PAYMENT: No separate payment will be made for the work performed under this section. Payment will be included in the prices for the items of which concrete construction is an integral part. TS - 23 I I. I I I I~ 1'1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BITUMINOUS PAVING 01. SCOPE: This section covers the construction of pavement for all roads and parking areas, complete. 02. GENERAL: Construction of the sub grade, base course and paving of the roadways and parking areas shall be undertaken immediately after completion of all storm drain lines and structures, all curbs and gutters, all yard piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations required within or adjacent to the paved area. 03. SEASONAL LIMITATIONS: No bituminous materials shall be applied for surface treatment between October 21 st and April 1 Oth, except as directed by the Engineer. 04. WEATHER LIMITATIONS: Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or base course is frozen or shows any evidence of excess moisture nor when the moisture on the surface to be paved would prevent proper bond nor when the air temperature is less that 45 degrees Fahrenheit in the shade away from artificial heat. 05. APPLICABLE SPECIFICATIONS: All work and materials required under this section of the specifications shall conform to the applicable sections of the Stand Specifications of the Georgia Department of Transportation, Edition of 1983. 06. SUBGRADE: The subgrade shall be prepared as specified under the sections of the above specifications covering sub grade preparation. 07. CURBS AND GUTTERS: After the subgrade has been compacted and approved by the Engineer, curbs and gutters shall be placed where shown on the plans and constructed in accordance with the requirements of the section, CURBS AND GUTTERS, CONCRETE. 08. PRIME COAT: A prime coat of 0.3 to 0.8 gallons per square yard of medium curing cut-back asphalt (RC-250 or emulsion grades RS-2 or SS-l) shall be applied with a pressure distributor at a time temperature between 80 degrees Fahrenheit and 140 degrees Fahrenheit. The prime coat shall be applied to the previously prepared base course when the atmospheric temperature is above 50 degrees fahrenheit. TS - 24 09. SURFACE COURSE: Asphalt Concrete: The asphalt concrete mixture shall conform to the Georgia Department of Transportation Stand Specifications for Highway Construction, Edition of 1983, for Type E asphalt concrete. The job mix shall be approved by the Engineer and no material shall be used until approved. Transportation and Delivery: The mixture shall be transported from the mixing plant to the point of use in approved vehicles. Loads shall not be of such size or weight as to interfere with the efficient operation of the spreader. Loads shall not be sent out so late in the day as to prevent the completion of the mixture during daylight, unless artificial light is provided. The mixture shall be delivered at a temperature between 225 degrees Fahrenheit and 325 degrees Fahrenheit and within 20 degrees Fahrenheit of the temperature set at the mixing plant. Spreading: Upon arrival at the point of dumping, the mixture shall be dumped into the hopper and spread by mechanical paver, true to line, grade and cross section specified and to the loose depth that will secure a compacted thickness of 1 1/2 inches. The hot mixture shall be free from lumps and shall be spread while it is in a workable condition. After the mixture has been screeded and before roller compaction is started, the surface shall be checked, all fat spots and irregular areas removed and replaced with satisfactory material. All regularities in alignment and grade along the outside edge shall also be corrected by the addition or removal of mixtUre before the edge is rolled. Compaction: While the mixture is hot, it shall be compacted thorougWy and uniformly by rolling. The surface of the compacted mixture shall be smooth, and true to crown and grade. Any mixture that becomes loose or broken, mixed with dirt or is in any way defective, shall be removed and replaced with fresh hot mixture which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous materials shall be removed and replaced, and the edges shall be kept to a reasonable straight line and trimmed. The density after compaction shall be least 98 percent of the laboratory-determined density. Protection of Pavement: The newly finished pavement shall be protected from vehicular traffic of any kind until the pavement has cooled and hardened and in no case less than 6 hours. Tolerances: The finished surface shall not vary more than 1/8 inch in 10 feet from the true profile and cross section. 10. TESTS: The above work will be subject to thickness and compaction tests as deemed necessary by the Engineer. Such tests will be at the expense of the Contractor. 11. PAYMENT: Payment will be made on the basis of unit prices shown on the bid schedule. TS - 25 I I I I I I I I" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l" :t, 'lrl GRASSING 01. SCOPE: This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of common Bermuda grass on all areas of the site disturbed by construction operations. 02. SEED BED PREPARATION: Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage' after establishment of the turf before tillage is begun. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. r1 l'" After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth of at least six (6) inches by plowing, disking, harrowing, or other approved methods until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all roots, cable, wire, . or other waste material which might hinder final grading, planting, or subsequent , maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun. ,~) :.i', (:;,: 03. ,FERTILIZATION: Fertilization shall be distributed uniformly at a rate of 1 ,500 pounds of commercial 1 0-1 0-1 0 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart of the tillage operation specified above, or a part of the hydro see ding procedure as described below: . ,.' !. Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three (3) inches by disking, harrowing or other acceptable methods. The incorporation oflime along with the fertilizer may form a part of the tillage operation specified above. ',;;;:, 1.1 '.:;1) .;;~. ,', .:., Not less than 30 days after completion of seedirig, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product, containing not less than 16 percent Nitrogen and Ammonium Sulphate, not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. ~: t:i pJ 04. SEEDING: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following methods: Between the dates of April 15 and September 15, Hulled Common Bermuda seed shall be applied at a rate of 6 pounds per acre and Brown-Top Millet seed shall be applied at a rate of 40 pounds of seed per TS - 26 acre. If seeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed shall be applied at a rate of 10 pounds of seed per acre simultaneously with Ryegrass seed at a rate of 50 pounds per acre. Seed may be applied by means of a Hydroseeder or other means approved by the Engineer. 05. COMPACTION: Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with a firm, even surface, free from abrupt humps and hollows, and to the established grade. 06. MULCIDNG: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of 1 1/2 tons per acre, except where hydro seeding is employed using a cellulose mulch mixed with the seed and fertilizer. 07. ACCEPTANCE: Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not dominant. 08. APPLICABLE SPECIFICATIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications for Highway Construction of the Georgia Department of Transportation, latest Edition. 09. MEASUREMENT - PAYMENT: Work performed under this section will be paid for at the lump sum price for Grassing appearing in the Bid Schedule. Payment therefor will include full compensation for all materials, labor and equipment required to establish the required permanent stand of grass. TS - 27 I I I I t::". '~1 ':'_~ --~~ ~,l -~ ~.; ~'-:' . .' - I': I . I. I I I I I I I I ,I I I I I I I I I I I I I I I JAMES G. SWIFT & ASSOCIATES ~TING ENGINEERS Phone #706-868-8803 Fax #706-868-5464 ADDENDUM # 1 BELAIR HILLS ESTATES (WATER SYSTEM IMPROVEMENTS) TO: COMPANY NAME A TTN: FAX # ALBERTS ENTERPRISE ALBERT GRIFFIS 855-7832 BLAIR CONSTRUCTION BUDDY ROWLAND 868-1 855 U S DUFFIE GRADING & LANDSCAPING STEVE DUFFIE 863-7034 WALDROP CONTRACTING CO. KATY WALDROP 554-6233 MABUS BROTHERS LARRY GOOLSBY 722-7521 BEAM'S PAVEMENT GREG BEAM 827-1868 DATE: JUNE r 4, 1999 1 . ALL WATER SERVICES SHALL INCLUDE DOUBLE BACKFLOW PREVENTOR VALVES IN ACCORDANCE WITH ARC UTILITIES DEPT. REQUIREMENTS. 2. ALL WATER AND SANITARY SEWER SHALL BE DUCTILE IRON PIPE IN ACCORDANCE WITH THE MOST RECENT GA DEPT OF TRANSPORTATION SPECIFICATIONS FOR MATERIALS AND INSTALLATION. CC: JIM RUSH, ARC UTILITIES DEPT. CYNTHIA SHEPPARD, ARC PURCHASING DEPT. ' AUGUSTA BUILDERS EXCHANGE CSRA BUSINESS LEAGUE DODGE PLAN ROOM 1206 Interstate Parkway · Augusta, Georgia 30909 I I I I: I I I I I I I I I I I I I I I JAMES G. SWIFT Be ASSOCIATES ~T1NG ENGINEERS Phone #706-868-8803 Fax #706-868-5464 ' ADDENDUM #2 BELAIR HILLS ESTATES (WATER SYSTEM IMPROVEMENTS) TO: ( r COMPANY NAME A TTN: FAX # ALBERTS ENTERPRISE ALBERT GRIFFIS 855-7832 BLAIR CONSTRUCTION BUDDY ROWLAND 868-1855 U S DUFFIE GRADING & LANDSCAPING STEVE DUFFIE 863-7034 WALDROP CONTRACTING CO. KATY WALDROP 554-6233 MABUS BROTHERS LARRY GOOLSBY 722-7521 BEAM'S PAVEMENT GREG BEAM 827-1868 DATE: JUNE 1 5, 1999 1 . DELETE ADDENDUM # 1 2. ALL WATER SERVICES SHALL INCLUDE A DOUBLE BACKFLOW PREVENTOR ON THE CUSTOMER SIDE OF THE METER PER ARC, UTILITIES DEPT. REQUIREMENTS. 3. ALL WATER LINES SHALL BE DUCTILE IRON PIPE IN ACCORDANCE WITH SPECIFICATIONS. CC: JIM RUSH, ARC UTILITIES DEPT. CYNTHIA SHEPPARD, ARC PURCHASING DEPT. AUGUSTA BUILDERS EXCHANGE CSRA BUSINESS LEAGUE DODGE PLAN ROOM 1206 Interstate Parkway · Augusta, Georgia 30909