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HomeMy WebLinkAboutBelair Hills- Water Line Extension Augusta Richmond GA DOCUMENT NAME: 'o:1Q\'( ~,\\S' WO\e'( \\\'e eX-\-eD~\\)} DOCUMENT TYPE: c.txT\'( G.L\- YEAR: C\I BOX NUMBER: C1-\ FILE NUMBER: \~l\ NUMBER OF PAGES: qo I I I I I I I I I I I I I I I I I I I ,,;}.Jh // /33 <; <j CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS for BELAIR HILLS WATER LINE EXTENSION Prepared for: Augusta-Richmond County Commission MUNICIPAL BUILDING AUGUSTA, GEORGIA 30911 Prepared by: AUGUSTA UTILITIES 2460 PEACH ORC~RD ROAD AUGUSTA, GA j@906 (706) 772-5458 I I I I I I I I I I I I I - I Iitlc Invitation for Bids Information for Bidders Proposal Bid Bond Agreement Perfonnance Bond Payment Bond General Conditions Supplemental Conditions Technical Specifications: Section 1 Section 2 Section 3 Section 4 Section 5 . . I I INDEX FOR CONTRACf DOCUMENTS ~ 1 1-3 1-4 1-2 1-2 1-2 1-3 1-33 1-5 Clearing & Grubbing Excavation, Trenching & Backfilling Water Distribution Grading Grassing (Bermuda-Millet) I I I I I I I I I I I I I I INVITATION FOR BIDS SEALED BIDS for the construction of approximately 2225 'linear feet of 6 inch water main and appurtenances, hereinafter referred to by project name: BELAIR HILLS WATER LINE EXTENSION will be received by: Augusta-Richmond County Commission hereinafter referred to as the OWNER at the offices of: Ms. Geri Sams P-ur-Chasing Department Room 605 Municipal Building Augusta, Georgia 30911 until 11 . AM on the -B.-day ofnOct . 1997, at which time all bids will be publicly opened and read in the presence of those interested. Copies of the Contract Documents may be examined during regular business hours at the office of Ms. Geri Sams Copies may be obtained at the office of Ms':;-,cGeri Sams (NON-RETURNABLE) for each set. upon payment of $ 50 . 00 A 10% Bid Bond is required; a 100% Performance Bond and a 100% Payment Bond will be required. . . The OWNER reserves the right to waive any informalities and to reject any or all bids. I I I I I I I I I I I I I ~RMATIONFORBIDD~ Bids will be received by the Augusta-Richmond County Commission (herein called the "OWNER"), at the office of the Purchasing Department until 11 AM October, 8 . 1921, and then at said office publicly opened and read aloud. ' Each bid must be submitted in a sealed envelope, addressed to the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for BEl..AfR HILLS WATER LINE EXTENSION and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Augusta-Richmond County Commission, c/o Purchasing Department, Room 605, Municipal Building, Augusta, Georgia 30911. Allbies--must be maee en the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid fonn must be fully completed and executed when submitted. Only one copy of the bid form is required. - - - ~ The OWNER may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof. . Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain the provisions required for the construction of the project. Infonnation obtained from an officer, agent or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the OWNER for ten percent of the total amount of the bid. As soon as the bid prices have been compared, the OWNER will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have bept executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. IFB-l I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys-in-fact who sign bid bonds or payment bonds and perfonnance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contI3ct is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accomplished by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement the OWNER may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the OWNER. The OWNER within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the-party-to-whomuthe Agreement was awarded, shall sign the Agreement and return to such party an executed auplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. . - The notice to proceed shall be issued within ten days of the execution of the Agreement by the OWNER. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the bidder to perfonn the work and the bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated herein. A conditional or qualified bid will not be accepted. A ward will be made as a whole to one bidder. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. IFB-2 I I I I I I I I I The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the OWNER. Inspection trips for prospective bidders will be conducted by the ,OWNER if requested in writing by the bidder. Such request shall be directed to the Augusta Utilities Department Director by the bidder. TheEngmeeris the A~gusta Utilities Engineering Services Department. . - - iii IFB-3 I I I I I I I I I - PROPOSAL for BELAIR HILLS WATER LINE EXTENSION The Augusta-Richmond County Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to a singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has--earefully ~ 4Ild fully understands the Contract Documents 3. He understands that infonnation relative to existing structures and underground utilities as furnished to him on the drawings, the Contract Documents or by the Augusta Utilities Department, carries no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; I . . 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta- Richmond County Commission Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta Utilities Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (NOTE: Bidders must bid on each item.) P-l I I I I I I I I I I I PROPOSAL BELAIR HILLS WATER LINE IMPROVEMENTS BID SCHEDULE . . ITEM # DESCRIPTION UNIT TOTAL UNIT COST TOTAL COST 1 6" PVC C-900 WATER LINE LF 2225 $10.10 $22,472.50 (PC 200) 2 6" GATE VALVE W/BOX EA 2 $386.00 $ 772.00 3 8"x 6" TAPPING SLEEVE AND EA 1 $2,000.00 $ 2,000.00 VALVE 4 6"x 6" M.l. TEE EA 1 $ 140.00 $ 140.00 5 FIRE HYDRANT (incl. 6x6 Ml Tee, EA 2 $1,350.00 $ 2,700.00 DIP Lateral, valve box and thrust block) 6 12 GAGE LOCATING WIRE LF 2225 $ 0.10 $ 222.50 7 4" TIllCK CONCRETE DRIVEWAY SY 81 $ 22.00 $ 1,782.00 REP AIR 8 1-1/2" TYPE "E" ASPHALTIC SY 30 $ 11.45 $ 343.50 CONCRETE PAVEMENT PATCH 9 8" THICK CONCRETE ROAD SY 30 $ 28.00 $ 840.00 PA TCH 10 RELOCA TE EXISTING METER & EA 15 $ $ BOX 125.00 1,875.00 11 FURNISH & INSTALL 1" EA 8 3,624.00 COPPER SERVICE (LONG) $ 453.00 $ 12 FURNISH & INSTALL 1" EA 8 $ 310.00 $ 2,480.0C COPPER SERVICE (SHORT) 13 REMOVE PLUG & EA 2 $ 575.00 $ 1,150.00 CONNECT TO EXISTING MAIN 14 CURB & GUTTER LF 30 $ 14.60 $ 438.00 15 GRASSING LS 1 $2,000.00 $ 2,000.00 . - TOTAL BASE BID $ 42,839.90 I I I I I I I I I I I I ADDITIONAL ITEMS IF REQillRED ItA .1 SELECT BACKFILL I $ 7.00 ICY - . - - - - . - I - - I I I I I I I I I I I ADDENDUM: Belair Hills Water Line Extension Bid Item #7: Current Listing: 4" Thick Concrete Driveway Replacement Change To: 6" Concrete Driveway Replacement Bid Opening Date: October 8, 1997 Please respond with confirmation that the bid opening date is correct & return copy of Addendum to: Attn: James Rush Fax: 771-2646 . I I I I I I I I I The contract covering the construction of all work described above will be completed within~ consecutive calendar days from the date specified in the -Notice to Proceed" of the Augusta Utilities Department Director: o ollars ($ L..I2. .sz.~~..6 0 ) subj to ucti ns, addition and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $200.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date 1 9-29-97 . - . ,. The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory perfQrmance and payment bond in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Riel Bond or Certified Check in the amount of 10% o.c~ bid AnwVNT Dollars ($ 4 , 283 . 95 )being not less than ten (10%) percent of the total base bid sum. ... .. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond 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 the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Perfonnance and Payment Bond. .. .. P-3 . ,. , , , I , , , I , I The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. ~LAI2- l!L)N,~ll.f'TI~ J :rA1(!..... Name of Bidder . ~ aJdJJ!~ /(/ A, Signature & Title of Au orized ~~d~ Representative P,O.6LJX ??/') Business Address ~VA/JS At:f)P I"...IA ;:<l;l),g09 . , CIty and State Date: LX'.JIO'6e:..e..... ~~ 19'J 7 ~ .. -. -- -- -- -- l!II '!lII P-4 'll\ I THE A,vr:RICAN INSTITUTE, OF Ar~HITECTS I .' I I f; A./A. Document A310 I Bid Bond I KNOW All MEN BY THESE PRESENTS, that we Blair Construction, Inc. (H~r~ insen 'ull n.m~ .nd .dd'~utor I~..I lille 01 ConU.clor) I PO Box 770, Evans, Georgia 30809 IS Principal, hereinafter called the Principal, and National Fire Insurance Comp-any of IHff~ Insert full n.m. .nd .ddre" 0' 1.111 til e 01 SU'.ly) Hartford, CNA Plaza, Chicago, Illinois 60685 a corporation duly organized under the laws of the State of Connect i cu t as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County (H.,. ins.rt '"II n.m. .nd .ddr." 0' 1...1 lill. or Own.,) Building, Augusta, GA 30911 Ten percent of amount bid Commission, 530 Greene St./Municipal as Obligee, hereinafter called the Obligee, in the sum of 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 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Belair Hill Water Line Extension (Here Ins~rl lull n.m~. .dd,~" .nd d~scription 01 pro,ec!) I I I NOW, THEREFORE, If the Oblllee .hAII accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in (he bidding or Contract Documents with good and sufficient surely fOI the lailh/ul per/ormance of such Cont,acl and for (he prompl payment 01 labor and material furnished in the proseculion lhereot. 0' in Ihe evenl 01 Ihe flilu,e of Ihe PrinCIpII 10 enter such Conl,acl Ind give such bond 0' bonds, il Ihe P,incip.1 ,hall p'Y 10 Ihe Obligee Ihe diHe,ence nol 10 exceed Ihe pen.lty hereof between the amount specified In said bid and such larger amounl lor which the Obligee may in good lailh ConlraCl with another party to perform the Work covered by s4id bid. then Ihis obligalion shall be null and void, otherwise to rem.,n In full lorce and eHecL Signed and sealed this 8th day of October 1997 IBlair Construction, Inc. '" (Principal) ~ (Se./) rJlJJ~._~rr;~~ {ICA 0 0--" I-{. Ke~~~ (WItness) I 7Jt[ IlAAJ'~~ J , (Wltnw) jNational Fire Insurance Company of Hartford (Surety) (Se,J) &uk / ~ Buck Leigh (TItle) Attorney-in-Fact AlA DOCUMENT An.. BID BOND. AlA ~. FEBRUARY 1970 ED . THE AMERICAN INSTITUTE Of ARCHIHCTS, 1735 N.Y. AVE., N.W,. WASHINGTON. 0, C 20006 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 CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint James D. Thaxton, Theodore J. Marek, Buck Leigh, GA Weathersby, Individually I I of Columbia, South Carolina their true and lawful AUomey(s)-tn-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and aD the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confinned. 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 CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 21st day of January , 1997 State of Illinois, County of Cook, ss: On this 21st day of January , 1997 ,before me personally came M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAl CASUAlTY COMPANY, NATIONAl FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUAllY COMPANY OF READING, PENNSYLVANIA desaibed 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. 9 l'~ 1. Po.du.i2L I I I I I I . - - . - My Commission Expires June 5, 2000 CERTIFICATE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~~ M.C. Vonnahme Group Vice President Eileen T. Pachuta Notary Public I I, Robert E. Ayo, 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 8th day of 0::td:Er , 1m. (Rev.7/14195) CONTINENTAL CASUAL TV COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA /fA-FtJ, Robert E. Ayo Assistant Secretary I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY TIIESE PRESENTS, that we the undersigned as Principal and as Surety, are hereby held and fIrmly bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of for the payment of which, well and truly made, we hereby jointly and severally bfud ourselves, successors and assigns. Signed, this day of , 19 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the BELAIR HILLS WATER LINE EXTENSION NOW, TIIEREFORE, (a) If said Bid shall be rejected or in the alternate, . . - (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the Fonn of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful perfonnance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid. I then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. I . The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by aI}Y extension of time within which the Owner may accept such Bid; and said Surety does hereby wai~e notice of any such extension. I BB-l I I I I I I I I I I I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their-proper officers, the date and year first set forth above. (L.S.) Principal Surety By: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. . . BB-2 I I I I I I I I I I AGREEMRNT TIllS AGREEMENT, made this $?;t1 day of hJil ~ ~ , 19 q 7 , by and between the Augusta-Richmond County Commission, hereinafter called "OWNER" and doing business as (an individual) or (a partnership) or (a corporation) hereinafter called "Contractor". WITNESSEfH: 'That for and in consideration of the payments and agreements as hereinafter mentioned: L The Contractor will commence and complete com:tmction for BELAIR HILLS WATER LINE EXTENSION. 2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. . . 3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete same withinJi) calendar days unless the period of completion is extended otherwise by the Contract Documents. - - 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of $ 4?, R 1 9 . SO 5. The term "Contract Documents" means and includes the following: (a) Invitation for Bids (b) Infonnation for Bidders (c) Proposal (d) Bid Bond (e) Agreement (f) General Conditions (g) Supplemental Conditions (h) Payment Bond (i) Perfonnance Bond (j) Drawings Prepared by Owner (k) Technical Specifications (1) Addenda: No. I , dated q-29 , 19-=tL. A-l I I I I I I I I I I I No. No. , dated , dated , 19 . ,19_. 6. The Owner will pay to the Contractor in the manner ~d at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. 1bis Agreement shaI1 be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WlTNFSS WHEREOF, the parties hereto have executed or caused to be executed by their du1y authorized officials, this Agreement in-A- (number of copies) each of which shall be deemed an original on the date first above written. OWNER: BY: (SEAL) . . vJJ ;p;o/~ NAME J... e-all: __J /3J1( )(~ TITLE ~~lJ.r {&,MlS$/DN ?Jt~ TITLE: Thl, doeull1ent approv.d .. ~rlCle~'~lorm. I 2-1 'q? II ' CONTRACTOR: -,::..( ..6..112 C.Q'oJs:r~lX!_T I M 1:vJf' . " w\~ BY:~J.A.n.-v\ ~_ _ NAME: W: JJUL~~ f( jV)ut~er- (Type or Pririt) pre. ~ (SEAL) A 1TEST: ADDRESS: P.O. En)(' /10 'r!J~ 'rr-.. --2+ NAME jl)e.rJe.. A 1i/"r- (Type or P t) - (;JjA;.J.~ G,,~L&jA -~~o9 A-2 ~ .' , THE AMERICAN INSTITUTE OF ARCHITECTS" AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS: that BlaIr Construction, Inc. fH", l""n fyll n.mt ,and .dd"" or I'.il llllr of (onl,,,lor; PO Box 770, Evans, Georgia 30809 as Principal, herelnaftl!r called Contractor, and, Na t i ona 1 Fire Insurance Company of IHtrr .""r1 full n.mr and add"" or 1'1.1 1IIIt of ~u'rl'r) Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County (H~.. ,n..,1 full n.m~ Ind Idd'~1I 01 I~I.I 1"10 01 Ownoli Commission, 530 Greene St./Municipal Building, Augusta, Georgia 30911 as Obligee, hereinafter called Owner, in the amount of Forty-Two Thousand Eight Hundred Thirty-Nine and 50/100s------------------------00Ilar5 ($ 42,839.50 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents WHEREAS, Contractor has by written agreement dated (He.. In.erl full namo, .dd,e.. and d"cripllon 01 projecll 19 , entered into a contract with Owner for Belair Hills Water Line Extension in accordanC!e with Drawings and Specifications prepared by Richmond County Utilities, IH"f Inu'rt lvll ",m, ,nd ,dcU'u or 1'1.1 tlllr of Ard'\l\r(\ Jim Rush, 2760 Peach Orchard Road, Augusta, GA 30906 706/796-5000 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. CIS by~~ ..<9- ~~ GA resident agent 414 DOCUMENT 4311 . PERfORMANCE BOND AND lABOR ANO ~\^ TfRIAl PAYM[NT BO~D . AlA ~ .EBRUARY1c)~O ED .THEAMERICAN INSTITUH OF AR(HIHCT\ 1"" "Y ^\'I NW WA"H'''it.T()N,0 (20006 1 PERFORMANCE BONO I,.. I. I . NOW, THflrFORl, THfCONOITION 0' THIS OlllGATION Ir~uch Ih~I, I(Conlr,<Ior:'sh.Il prnmplly .nd ,filthfu1ly p.rform uid Conlr.CI, Ihen Ihis oblig'lion IhJl1 be null and void, alh~,wlle II Ihall .emaln In full (alre and eHecl TN Surety hereby w.lvtt notlc. of .ny .lIer.tlo" or exteMion of lime m.de by tne Ownel, Whenever Contr.ctor 'h.1I be, .nd decllred by Ownel 10 be in del.ull under lne Conlracl, the Owner h,vlng performed Owner's oblis.lionl Ihereunder, the Surely m.y promplly remedy Ihe del,ull, or Ih,1I promplly ') Comple'e the ConlrlCl in ICcord,nce with iu terms ,nd condillon" or 2) ObtAin . bid or bid, for compleUn.' the ConlrlCI in .ccord.nce wilh IU lerml .nd condilionl, .nd upon de. termil'l'liol'l by Surely 01 the lowe~l rfSpol'llible bidder, or, il the Owner elecu, upon dete/min'llon by Ihe Owner and tne SUlety jointly of tne lowest responsible bidde/, w.nge 101 . conlllct b,tween sucn bidder .nd Own,', .nd m.ke .v.il.ble u WOlk p/ogr'H's l,ven thouah tne/e snould, be I del.ult 01 , SUCCtHion af . ~ II.... and _led this " (l!c."u.~ tJ.. (o?su~-rrr- (WII""J~) , . 7J1l'wt"~~ ~ '- IW/~.>' .1 , , ,.. " def.ult' ,under the contr.ct or (O"tt.~" of completion arr.nged under this parJ~raphl suffiClcnt lundl 1(") pay the cost of completion less Ine b.llnce of the conl/lct p/ice, bul nol 'lCceedinll, includinll nlher ensts .nd dam~~('\ lar which Ihe Surely mtly b(' 1'4blr heleunde" Ih~ Jmov'" Ie I /011 h In I h ~ r II I I P tll tllo: 1 J ph h t 1('0 f T 1'1 e I ~ 1m" b tll J I' ( (' or th~ conlrHI p"l~," JI u\ed ,1'1 th,\ pJ'~gr~ph, Ih.11 mun Ihe 10lal ~mounl payable by Ownrr 10 ConlfHlal under tne Conl'l(l ind iny Jmendmenh 'neltlO, Itll Ihe .~ounl propefly pi,d by Owner 10 Conlf.lClOr. Any wil under Ihi\ bond must be IMlituled btfo.t Ihe explf.lion 01 two 121 ",ur\ (.om Ine dtlle on wh,(~ final'piymenl under \h~ ConlfHI 1.11\ due No Iighl 01 .clion \h.1I accrue on lhl\ bond 10 or lor the ule of any perlon (")f corporal Ion oln", Ihan \k~ Owner named he/eln I'll Ih" h",,\, ~leruIOI\ tlOm,n.\ Ir.IOII or succeHorl 01 the Own"r d.y 01 19 Blair Construction, Inc. \ . ,."""",j' I . 4 ul.ll--A~ R.-~~ fres. I rille'l -~ ~1U National Fiie4Insur.anceCompany of \ Hartford .1$.......' ,..." IZ./f~j, / ~ ~.( Buck Leigh-- , . rl,lIl" Attorney-in-Fact .1" DOC\.l..'NT 43,. . MlfOlMANCf emolO AND tASOI AND MAHIIAI PAVM(NT emo/rl . AlA .- r(~I(U^IlY 1~7\1 (I) ,TH( AM(~ll^N INSllluTl (H ^~rHll(Cl\, \1)\ N v "vi N W W">"'Nl.f()N CJ ( }'XJOt> I I I I I I I I I I I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; that (Name of Contractor) (AddressofContractoq , hereinafter called a Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and finnly bound unto the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of _ dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and aSsigns, jointly and severally, firmly by these presents. TIlE CONDmON OF TIllS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of RF.'hAIR HILLS WATER LINE EXTENSION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands incurnxi Wlder such contract and shall fully indemnify and save hannless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additio'Q to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall be in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time, PFB-l I I I I I I I I I I alteration or addition to the tenns of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between-the OWNER and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WflNESS WHEREOF, this instrument is executed in _(number) of counterparts, each of which shall be deemed an original this _day of , 19 _' ATIEST Principal (Principal) Secretary By (s) (SEAL) Address (Witness as to Principal) (Address) . . Surety A TIEST: I By Attorney- in- fact (Surety) Secretary (SEAL) Address Witness as to Surety Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds mh~tappear on the Treasury Department's most current list (Circular 570 as -amended) and authorizdd to transact business in the state where the project is located. -PFB-2 ) " , , THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERfORMANCE Of THE CONTRACT KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc. (Heft inHfI 'vII n,mr .nd ,ddrru 01 I~I,I 11I1t' OJ Cor"'HIOli PO Box 770, Evans, Georgia 30809 as Principal, hereinafter called Principal, and, National Fire Insurance Company of (Hor, iMorl lull n,m, .nd ,dd"" or IfG'1 1;lle o( )U"'YI Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County (Hor, iMtll lull n.m, ."d ,dd'0I1 0/ If,,1 l'llt 01 Owner) Commission, 530 Greene St.! Municipal Building, Augusta, Georgia 30911 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Forty-Two Thousand Eight Hundred Thirty-Nine amount of and 50/100s (Hero Inlerl I IU", equll 10 II lei II one.hlll of Ihe conlr.CI price) Dolla rs ($ 42 , 839 . 50 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has by written agreement dated (Here inlert full n.me. Iddrell Ind dtlcriplion of projecll 19 , entered into a contract with Owner for Belair Hills Water Line Extension in accordance with Drawings and Specifications prepared by Jim Rush, 2760 Peach Orchard 706/796-5000 which contract is by reference made a part hereof, and is hereinafter Richmond County Utilities, (Her, ;Mert full ".me 'I'd ,dd"ll or If,.1 till, of Archlit", Road, Augusta, ,Ge~rgia 30906 referred to as the Contract. AlA DOCUMENT A311 . PERFORM^,,~CE BOND AND lABOR AND MATERIAL PAYMENT BOND . A!A (!!) FEBRUARY 1970 ED. THE AMERICAN INSTITUTE Of :\RCHITECTS, 17)5 NY AVE, N W, WASHINCTON, D C 20006 3 WARNING: UnllcenMd photocopying vlolet.a U.S. copyright 1_ and la aublec:IIO lege' proHCutlon. LABOR AND MATERIAL PAYMENT BOND NOW. TItIl(rOlU. THE CONDITION Of THIS OlllC^T10N 'is sucn Ihal, I( Pt'inclp~' sn,)" promplly molke polymenl 10 all cloliminl\ .11 herein.1lter defined, (or alllolbor ind m.,lcri,,1 u~ed or rCi~onably requiled, Inr u~e in the perform.1nec o( Ihe ConlrolC:l. Ihen Ihis obliSollion sh..1I be void; olherwise il Sholll remain in rull roree .lnd effeCl. subjeel. however, 10 the (01. lowinA condilions: '. National Fire Insurance I Hartford tSUII'I'fJ 13,~,"< ~'1f Buck Leigl1 " It. dolim,)nl Is denned II on. having a dlrec! con. Ir.let with lhe Principal or wilh a SubCOnlr.lelor o( I~e Principii (or J.1UOI. molleriil, or bOlh, used 01 le.lson,)bly required 101 IIse in 11'1. ptr(ormolnce o( 11'1. Conlr.lCI. libor ind m.:lIl1rioll beinR conslrued 10 include Iholt p.lIl o( Woller. giS, power, liShl. heal, oil. Rasoline. lelC'f'lhone Sfrvice or renl~1 of equipment direclly appl,ic.lble 10 Ihe ConlraCl, 2, The .lbove nolmed Principal and Surely hereby Joinlly .lnd se\'er.1l1y .liree wilh lhe Ownel Ih.ll eVllry clolim.1nl .1\ herein delintd, who h.ls nOI been p,)id in rull before Ihe expir.llion o( a period o( ninflly (9/l) d.lyl ~1If11 Ihe U.1le on which Ihe lasl of such cl.,im,'''I'$ wor~ or IJbol ......H done or performed, or m"leri.lls WC'lC' furnished by such c1~imolnl, m.ly sue on this bond for lhe ule or such c1oljm.lnl. pro~ecule Ihe wir 10 fin.11 judS'menl (01 such ~um Or ~ums olS m.lY be juslly due c1iimolnl. olnd h.we eX""urion Ihereon. The Ownel sll.111 nOI be li.lble (01 Ihe p~ymenl o( any COSIS or CXf'lellses ot .lny such suil. ). No suit or aClion Snol" be commenced hereunder by olny clolimolnl: a) Unleu c1:1imanl, olh,r Ih3n un, h,)ving ol direcl (Onlr~CI with Ihe Principal, sholll holve given wrillen nOlice 10 .ll\y IwO of Ihe (ollowing: Ihe I'rincip.ll. IlIe Own,r, or Ihe: Surety olbove nolmed, wilhin ninely (901 dolyi .l(ler su(h clJimolnt did 01 performed Ihe lasl or Ihe work 01 '"hor, or furnished Ihe last o( 11'11' materials for 'which Solid claim is molde, slaling wilh subslanliill Sianed and $C!aled this day of -P1~JIl~ A,~--rtI: IWl/l",uJ - }11aA~ ......... (~~~ IW;'''I~ "curacy the olmounl c1.imed "nd Ihe nolmC! o( Ihe pany 10 whom the maleri.lls wet" (~lInished. ur ror whom Ihe work or labor W.lS don~' or per/ormec1 Such nOlice shall be served by mailin!; Ihe \.\me by r~'g'\leled m.lil or ceflified maill pOit~Be r)(C'fl.lid, in an envelope ad. dreHed 10 Ihe Principoll, Owner or Surely. JI any place where oln o((ice is re~ulolrly m,)inlJinccl 10' the Irans. action of business, or served in ,)ny mJnncr in which legal process m.y be served in Ihe Uille In which lhe aforesaid project is localed, '.we Ih.H such ~elvice need not be m"de by ,) public o((oCt'r b) ^(Ie( Ihe expilollion n( one III ye.1' Il,lluwlns Ihe dolle on which Princl().l1 c~'.H\'d WOlk on 1,I,d ConlriCI. il lleinll undelstood. howev\'r. Iholl i( .1ny 1,"\11.11101'1 em. bodied in Ihis bond is prullib'l('d by olny 1.1w conlroll,ng the conuruclion hereol I\le" I,mllollinn ~""II 1)(' deemed 10 be "mended so .lS 10 be t'ql"" 10 Ihe m,lI,mum ()erlod ur limilillion pelmitled lly lu~h I.\W, c) Olher Ihiln in ,) ~I,)le Cflllll o( compel~'1\1 Jurisdiction in .1nd (or Ihe counly or olher politic.,' subdovl~ion 01 the Slale in which Ihe Plolecl, or any p.lIt Ihereo(. is situolled, or In 11'1. Uniled SI.lleS OislriCl Courl for the di'trict in which the ProjeCl. or ,)ny polr! ,hereof, is sil' uolted, ;and not .Isewhere. 4, The ,)mount of lhii hClnd Sholll b~ r('(luced by and 10 III~' eKlenl o( any paymenl 01 flayme'''1 mJclc ,n Rood failh herC'under, inclu~lve 01 Ihe paymelll by Surety of mechanics' liens which moly be riled o( record agalnll said improvemenl. whelher or not cl.lim for Ihe amounl o( such lien be presenled under and ag,)inq Ihis bond 19 Blair Construction, Inc. 1 f",jncip~" _v0~ tf_ ~1A~ 'if/,'e'J ISull ~ Comoanv of 15...11 (~~~ Attorney-in-Fact At4 DOCUMCNT A311 . "OUOIlMANcr DONI) AND LAIIOIl AN" MATCIlIAl "^VM(NT ~()ND . ^'^ * ((UllU^IlY '~711 (I).. THe ^MellIC^N INSTITuTe (,)( ^KCHIT(C1S. 17.1~ N,Y, ^vC., N,W" W^SHINelON, () C /I~l()(, 4 I I I I I I I I I I I I PAYMF~BOND KNOW ALL MEN BY TIIESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal and (Name of Surety) _(Address of Surety) The Condition of this obligation is such that whereas the Principal entered into a certain contract with the Owner dated the day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of: BELAIR HILLS WATER LINE EXTENSION NOW, TIIEREFORE, if the Principal shall promptly make payment to all persons, firms, contractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work and all insurance premiums on said work and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no change, extension of time, al~ration or addition to tlie terms of the Contract or to the work to be perfonned thereunder' or the -specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, PYB-l I I I I' I I I I I I I .' alteration or addition to the tenns of the Contract or to the work or to the specifications. PROVIDED FURTIIER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder whose claim may ~ unsatisfied. IN WITNESS WHEREOF, this instrument is executed in---4-(nu'mber of copies) counterparts, each one of which shall be deemed an original, this the _day of 19 A TrEST Principal By (s) Principal Secretary Address (SEAL) Witness as to Principal Address . - A TrEST: Surety Surety Secretary By Attorney-in-fact (SEAL) Address Witness as to Surety Address , NarE: Date of Bond must not be prior to date of Contr3ct If Contractor is Partnership, all partners should execute bond. PYB-2 I I ~ I I I I I I I I I IMPORTANf: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. PYB-3 I ! I I I Article Number I 2 I 3 4 I 5 6 I 7 8 I 9 I 10 11 I 12 13 I - 14 15 16 17 - TABLE OF CONTENTS OF GENERAL CONDmONS Tule Definitions Preliminary Matters Contract Documents, Intent, Amending and Refuse Availability of Lands; Physical Conditions; Reference Points Bonds and Insurance Contractor's Responsibilities Other Work Owner's Responsibilities Engineer's Status During Construction Changes in the Work Change of Contract Price Change of Contract Time Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work Payments to Contractor and Completion Suspension of Work and Termination Arbitration Miscellaneous Laws and ReeulaJions: Uzws or Reeu/arions: Laws, rules, regu1ations, ordinances, codes aod/or orders. Notice qf AKUm: The written notice by OWNER to the 8ppIlJ'eIX successful bidder stating that upon compliance by the apparent successful bidder with the conditions preceded eounented 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 ENGINEER) fixing the date on which the Contract Time will commence to nul 8Id OIl which CONTRACTOR sball start to perform CONTRACTOR's obligations under the Contract Documents. OWNER: The public body or authority, corporation, association. firm or person with whom CONTRACTOR has edered into the Agreement and for whom the Work is to be provided. Partial UtiliL.atWn: Placing a portion of the Work in service for the pupose for which it is intended (or a related pupose) before reaching Substantial Completion for all the Work. fIsJ.jgr. 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. ResidenJ Prqiect Revresentative: The authorized representative of ENGINEER who is assigned to the site or any part thereof. ShQp Drawings: All drawings, diagrams, illustrations, scbedules 8Id otbec data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. $pecificaJions: 1bose portions of the Contract Documents consisting of written technical descriptions of materials, equipmett. construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor. An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. SubsranriaI Completion: The Work (or a specified part thereot) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Docwneds, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions: The part of the Contract Docwneds which amends or supplements these General Conditions. Suvplier. A manufacturer, fabricator, supplier, distnbutor, materialman or vendor. UndeT'fround Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed tmderground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage 8Id drainage removal, traffic or other control systems or water. Unit Price Work: Work to be paid for on the basis of unit prices. ~: 1be 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, 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 ENGINEER, 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 Worlc Directive Change may not change the Contract Price or the Contract Time, but is evidence that the 3 I I I parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following oegoCiaboos by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. I I Written Amendmenr: A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreemeot and nonnally dealing with the nooeogioeeriog or nontechnical rather than strictly Work-related aspects of the Contract Documents. I I ARTICLE 2 - PREUMlNARY MATTERS I DeUvery of Bonds: I 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also delivec to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. I Copies of DocumenJs: . - 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. CommenumenJ of Contract Time; Notice to Proceed 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after- the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work sba11 be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefuUy study and compare the Contract Documents and check and verify pertinent figures shown thereon and aU applicable field meesurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and sbaII obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR bad actual knowledge thereof or should reasonably 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 ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the work. 2.6.2. a preliminary schedule of Shop Drawing submissions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4 and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accOrdance with paragraphs 5.6 and 5.7. 4 PreconsJnu:tion COIiference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER aOO others as appropriate will be hekl to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. FinIIJizing &heduJes: 2.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER aOO others as appropriate will be hekl to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or sc.hM1.ling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of vahJes will be acceptable to ENGINEER as to form and substance. 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 compIemeuary; what is called for one is a binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to descnbe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. Then words which have a well- known technical or trade meaning are used to descnbe Work, materials or equipment such words shall be imerpreted in accordance with that meaning. Reference to standard 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. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Com:ract Documems) sball be effective to change the duties aOO responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER'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 9.15 or 9.16. Clarifications and interpretations of the Contract Documents sball be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3A. The Contract Docwnents may be amended to provide for additions, deletions and revisions in the Work or to modify the tenns and conditions thereof in one or more of the following ways: 3A.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph lOA), or 5 I I I 3.4.3. a Work Directive Change (pursuant to paragraph 10.1). I 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. I 3.5. In addition, the requirements of the Contract Dn<:ollDelD may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: I 3.5.1. a Field Order (pursuant to paragraph 9.5), I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.21) or I 3.5.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). I Reuse of Documents: I 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I - I I I ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDmONS: REFERENCE POINTS A vallobility of lAnds: I 4.1. OWNER shall furnish, as indicated in the Comract 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. Easements for pennanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless I otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands,rights-of-way or easements eUitIes CONTRACI'OR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for aU additional lands and access thereto that may be ~ for temporary construction facilities or storage of materials and equipment. Physical Corulltions: 4.2.1. Explorations and RelJOl1s: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the tecImical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. ExistinK Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings,but not for the completeness thereof for CONTRACTORS's purposes. Except as indicted in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.2.3. Re.pOl1 qf DifJerinK Conditions: If CONTRACTOR believes that: 4.2.3.1. any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 6 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Cootract Documents. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, detennioe the necessity of obtaining additional explorations or test with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible DOCWTUm/ ChanKe: If ENGINEER concludes that there is a material elTor in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and TIme Adjustmenls: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attobutable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 and 12. Physual Conditions-Underground Focilities: 4.3.1. Shown or Indicaled: 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 ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or compIeteoess of any such information or data; and 4.3.1.2. CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Cootract 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 Indica/ed. 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 ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are ,attobutable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 7 I I I 12. Referenee Poillls: I 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER 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. I I I I I ARTICLE 5 - BONDS AND INSURANCE Perfo17lUUlCe and Other Bonds: I 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 fioal payment becomes due, except as otherwise provided by Law or Regulations 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 prescnbed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of -Companies Holding Certificates of Authority as Accqxable Sureties on Federal Bonds and as Acceptable Reinsuring Companies- as published in Circular 570 (AJ1'IP.IIded) 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. I . - . . i - 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvem 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 be acceptable to OWNER. Contrtu:tors UlIbUit] Insurance: 5.3. CONTRACTOR shall purchase and maintain such COOlpIel.cu.tive geoeralliability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefits 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 tangtble property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws and Regulations for damages because of bodily injury or death of any person or for damage to property ; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. , The'insurance required by this paragraph 5.3. shall include the specific coverages and be written for not less 8 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 (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until a1least thirty days prior written notice has been given to OWNER and ENGINEER 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 cootiml8tioo of such insurance at final payment and one year thereafter. ContradUlll LiDhility 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 6.30 and 6.31. Owner's LiDhiIity Insurance 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties, shall insure against the perils of fire and extended coverage and shall include Wall riskw 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 expeoses 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 aId charges of eogioeecs, architects, attorneys and other professionals). If not covered under the Wall risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance or 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 Cooditioos or Laws and Regulations which will include the interests of the OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'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 COII.ain a provision or endorsement that the coverage afforded will not be cancelled 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 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, Subcon1ractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 9 I I I Waiver of Righls I 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Wode, and also waive all such rights against the Subcontractors, ENGINEER, ENGINEER's coosuItaots 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, ENGINEER, ENGINEER'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 be proceeds of insurance held by OWNER as trustee or otherwise payable. I I I I I I 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss of damage the insurer will have no rights of recovery against any of the parties named as insured or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGINEER's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. I I - I I I Receipt and ApplicaJion of Proceeds: I 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 ac:coum any money so received, and shall distribute it in accordance with such agreement as the parties in I - - - . - 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. 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 the loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any puty in imerest, OWNER as trustee shall, upon the 0CCUJre0Ce of an insured loss, give bond for the proper performance of such duties. Acceptanu of Insuranee: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3. and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notifY OWNER in writing thereof within ten of the date of delivery of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER. and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial UtilJzaJlon - 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 ~ccomplished in accordance with paragraph 14.10; provided that no such use occupancy shall commence before the insurers providing the property insurance 10 have acknowledged notice thereof and in wntmg 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 sball not be cancened or lapse on account of any such partial use or occupancy. ARTICLE 6 RESPONSIBILITIES CONTRACTOR 'S Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Comact Documetts. 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 selection of a specific means, method, technique, sequence or procedure of constroction which is indicated in and re<pired by the Contract Documents. CONTRACTOR shan 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 superintendem, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACIDR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and EquipmenJ: 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 worlcing hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Requiremeots, CONTRACTOR shall furnish and assume full responsibility for aU materials, equipment, labor, transportation, construction equipment and mac.t.ioery, tools, appliances, fuel, power, light, heat, teIepbooe, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. H required by ENGINEER, 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 ENGINEER, or any of ENGINEER'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 9.15 or 9.16. A4Justing Progress Schedule: 6.6. CONTRACIDR shall submit to ENGINEER 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 tbe General Requirements applicable thereto. Substitutes or "Or-Equlll" 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 ENGINEER if sufficient information is submitted by CONTRACTOR to allow 11 I I I ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the foUowing as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGINEER 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 ENGINEER for acceptance thereof, certifying that the proposed substitute will petfihm 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 ~ 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 ENGINEER in evaluating the proposed substitute. I I I I I I I - . iiii ENGINEER 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 ENGINEER, if CONTRACTOR submits sufficieu information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. 'The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the General Requirements . 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for thecbarges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or 12 ENGINEER 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 Wode against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcon1ractors, 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 of acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Suppleme'ntary Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon1ractor, 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 ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Wode. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Wode 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 ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER 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 identifications of any Drawings sball not control CONTRACTOR in dividing the Wode among Subcontractors or Suppliers or delineating the Wode to be performed by any specific trade. 6.11. All Wode performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Suboomactor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract DnnIlD'ds for the benefit of OWNER and ENGINEER and oodaios waiver provisions as required by paragraph 5.11. CONTRACTOR sball pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patenl Fees and Roya/Jies: 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. If a particular invention, design, process, product or device is specified in the Contract Documems for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by eitberoftbem from and against all claims, damages, losses and expenses (including attorneys' fees and court and ubitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.:13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all 13 I I I coostnJctioo permits and licenses. OWNER sbalI assist CONTRACTOR, when necessary, in obtaining such permits and Iiceoses. CONTRACTOR sbalI pay all govemmeotal charges which are applicable at the time of opening Bids, or if there are 00 Bids on the Effective Date of the Agreement. CONTRACTOR sbalI pay all charges of utility owners for connections to the Work, am OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I I I Laws and Regultztlons: I 6.14.1. CONTRACI'OR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly recpllred by applicable Laws and Regulations, neither OWNER oor ENGINEER sbalI be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations I I 6.14.2. H CONTRACTOR observes that Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR sbalI give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACI'OR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specificatioos and Drawings are in accordance with such Laws and Regulations. I - I I . - Taxes: . 6.15. CONTRACTOR shall pay all sales, coosumer ,use am other- similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documeas am other land and areas permitted by Laws am Regulations, right-so-way, permits and easements, am shall not unreasonably encumber the premises with coostnJctioo "'<I'11prMnt or other materials or equipment. CONTRACTOR shall asswne 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 ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACI'OR shall promptly attempt to settle with such other part by agreemem or otherwise resolve the claim by ubitration or at law. CONTRACTOR shall, to the fullest extent permitted by UlWS am Regulations, indemnify and hold OWNER am ENGINEER hannIess from and against all claim;, damages, losses and expense (mcluding, but not limited to, fees of engineers, architects, attorneys and other professionals and court and ubitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and wriI;ten imerpretatioos and clarifications (issued pursuant to p8ragraph 9.4) in good order and annotated to show all changes made during construction. These record 14 documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Sq/ety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety prectllltioos and programs in coooection with the Work. CONTRACTOR sball take all necessary precautions for the safety of, and sball provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizatioos who may be affected thereby; 6.20.2. all the Work and materials and eql1~ to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR sball comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly,in whole or in part, by CONTRACTOR,any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attnbutable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or alIlyone for whose acts either of them may be liable, and not attnbutable, 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 oompleted and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR or OWNER. Emergendes: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to any emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplemel/1ary conditions, five copies (unless otherwise specified in the General Requirements) of all Shop drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may recpire. The data shown on the Shop Drawings will be coniplete with respect to quantities, dimensions, specified performance and design criteria, materials and 15 I I I similar data to enable ENGINEER to review the information as required. I 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples ~ by the Cootract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Dnr>........, with respect to the review of the submission and will be identified clearly as to material, Suppler, pertinent data such as catalog numbers and the use for which intended. I I I 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 of the Work and the Contract Documents. I I I . - 6.25.2. At the time of each submission, CONTRACTOR shall give ENGINEER 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 Engineer for review and approval of each such variation. . 6.26. ENGINEER will review and approve with reasonable pouuqbJess Shop drawings and samples, but Engineer's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means,medxxJs, ~es, 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. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract documents unless CONTRACTOR has in writing called ENGINEER's attemioo to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompe.oying the Shop drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.1 6.28. Where a Shop Drawing or sample is required by the Specifications and related Work performed prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. 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 ordisagreemeots, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnqication: 6.30. To the fullest extent pennitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER 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 engineers, 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 (as) is attnbutable to bodily injury, sickness, disease or death, or to injury to or destruction of tJlngible property (other than the Work itself including the loss of use resulting therefrom and (b) is caused in whole or in part 16 by any negligent act or omission of CONTRACTOR, any Subcootractor, 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 art by . party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any subcoot:ractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under- paragraph 6.30 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 other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7 - OTHER WORK RelaJed 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 utility 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 CONTRACfOR prior to starting any such other work; and, if CONTRACfOR 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 shall make a claim therefor as provided in Articles 11 and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is perfonning the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the imroductioo and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACI'OR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER 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 comractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. 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 ENGINEER in writing it unavailable or unsuitable for such property execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordi1U1/ion: 7.4. If OWNER contracts with others for the perfonnance of other work on the Project at the site,the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - OWNER IS RESPONSmILITIES 8. L OWNER shall issue all conununications to CONTRACTOR through ENGINEER. 17 I I I 8.2. In case of termination of the employment of ENGINEER, OWNER sball appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose staWs UDder the Cowact Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to lUbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and sball mab}lllYlDfidB to CONTRACTOR promptly after they are due as provided in paragraphs 14.4. and 14.13. I 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish refereoce poims are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifYing and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in preparing the drawings and Specifications. I I I 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. I 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4 I 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. I 8.8. In COIlIledion with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. I - ii - ARTICLE 9 - ENGINEER'S STATIIS DURING CONSTRUCTION - Owner's RepresentoJive: I 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during constJUction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. VISITS to SITE: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Wode is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or comimous on-site inspections to check: the quality or quantity of the Work. ENGINEER'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, ENGINEER 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 ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER 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 ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Cli1rifkations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the: Work from the requirements of the Contract Documents which do not involve an adjustment in the 18 Contract Price or the Contract Time and ace consistent with the overall intent of the Contract Documents. 1bese may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Comract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER 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 ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive. 9.8. In coooection with ENGINEER's responsibilities as to Change Orders, see Articles la, 11 and 12. 9.9. In conoectioo with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and binding upon OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, dispJtes and other matters relatiog to the acceptability of the Work or the iderpretation of the requirements of the Comact Documerits pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordaoce with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the events giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When fimctiooing as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER 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 ENGINEER pursuant to paragraphs 9.10 and 9. 11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. limitations on Engineer's Responsibilities: 9. 13. Neither EN G INEER 's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization perlorming any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered" , - as directed", "as required" , "as allowed", . as approved" , or tenus of the like effect or import are used, or the adjectives "reasonable", "suitable", -acceptable", "proper" or "satisfactory- or adjectives of like effect or import ace used to descnbe a 19 I I I requiremeot, direction, review or judgement of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgement will be solely to evaluate the Work for compliance with the Codract l)nc.IQ1W"ds (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance or the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I I I 9.15. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of constroction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I I 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organizatioo performing or furnishing any of the Work. I .. ARTICLE 10 - CHANGES IN THE WORK - I 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). . 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defecJive Work under paragraph 13.14, or as agreed to by the parties. 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Comract Time which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be talcen from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (mcluding, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bood 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. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 1 L2. The Contract Price may only be changed by a Cbarige Ordet' or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall 20 be bssed 00 written notice delivered by the party making the claim to the other party and to ENGINEER 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 ENGINEER allows an additiooal 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 coose<p..-iJot) to which the claimant is entitled as a result of the occurreoce of said event. All claims for adjustmeot in the Contract Price shall be determined by ENGINEER 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 increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documems,by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3., inclusive). 11.3.2. By mutual acceptance of a lump sum (which may include an allowance of overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (determined as provided in paragraph 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. 1be term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper perfonnance 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: 21 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 sped 00 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 contnbutions, unemployment, excise and payroll taxes, workers' or worlcmeo'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 Sanuday, 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. All 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 will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcomractor 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. I I I 11.4.4. Costs of special consultants (including but not limited to engmeers, architects ,testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. I I 11.4.5. Supplemental costs including the following: I 11.4.5.1. The proportion of necessary traosportatioo. travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. I 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and band tools not owned by the workers, which are consumed in the perfonnance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. I I I 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with the rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, instalJation, dismantling and removal thereof--all in accordance with terms of said rental agreements. 100 rental of any such equipment, machinery or parts shall cease when the use thereof is DO longer necessary for the Work. I . - 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. - 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permit and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), 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 CONTRAcroR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. 1be term Cost of the Work shall not include any of the following: 11.5 .1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships),general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job 22 classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be coosidered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any put of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work aD:! charges agajost 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 Documeds to purchase and t11Jl;ntain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or 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. The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit sball 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 peccemages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4. I and 11.4.2 the CONTRACTOR's Fee sball be fifteen percent; 11".6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors sball be fifteen percent; 11.6.2.3. no fee sball be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when other additions and credits are involved in anyone change, the adjustment in CONTRACTOR's Fee sball be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. II. 7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash AlUJwanus: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and sball cause the Work so covered to be done by such Subcontractors or Suppliers aD:! for such sums within the limit of the allowances as may be acceptable to ENGINEER. 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 23 I I I unloading and handling on the site, labor, installation costs, overhead, profit and other expense 00IUmpIated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment 00 account of any thereof will be valid. I I I Prior to fioal payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actualllOlOUDts due CONTRACTOR on account of Work covered by allowances, and the Contract Price sball be correspondingly adjusted. I Unit Prke Work: I 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 comparisoo of Bids and detennining an initial Contract Price. Determinations of the actual quantities and classification of Unit Price Work penormed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 9.10. . = - . 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work penonned by CONTRACTOR differs materially and significantly from the estimated quantity of such item iodicaled 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 tho parties are unable to agree as to the amount of any such increase. ARTICLE 12 - CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an eXleosion or shortening of the Contract Time sball be based on written notice delivered by the party making tho claim to tho other party and to ENGINEER 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 extent of the claim with supporting data sball be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time sball be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 sball not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party . ARTICLE 13 - WARRANTY AND GUARANTEE: 24 TESfS AND INSPECI10NS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and GUllTanJee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Worlc will be in accordaoce with the Codract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Worlc, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to' Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and govemmeotal agencies with jurisdictional interests will have access to the Work at reasonable times of their observation, inspecting and testing. CONTRACTOR shall provide propec and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 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 ENGINEER if so specified). 13.6. If any Wod (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. UlU:overing Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER 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, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, 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 II. 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 attnbutable to such uncovering ,exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agr~ as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. 25 I I I Owner MllJ Stop the Work: I 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work: in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminAtAd; 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. I I I Con-ectlon or Removol 01 Delective Work: I 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work. wbethec or DOt fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefecJive Work. CONTRACTOR shall bear all direct, indirect and coosequeotiaI costs of such correction or removal (including but not limited to fees and charges of eogioeers, architects, attorneys and other professionals) made necessary thereby. . - - . iiii One Year Con-ection Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be prescnbed by Laws or Regulations or by the terms of any applicable special guarantee required by the Comract Documents or by any specific provision of the Comract Doc:umems, any Work is found to be defi!ctiVi!. 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 nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacemeot (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item or equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Ameodment. A.cceptance 01 Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attnbutahle to OWNER's eva1uation of an determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recoIDIDeIKlati 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 Coolract Price,and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as, provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Con-eel Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this p8I'8gI'llpb 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, coostruction 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 reptesentatives, agents and employees such access to site as may be necessary to enable OWNER to exercise 26 the rights and remedies under this paragraph. All direct. indirect and CODlleqUCDlial costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableoess by ENGINEER. and a Change Order will be issued incorporating the necessary revision in the Contract Documents with respect to the Worlc; 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 II. Such direct. indirect and consequential costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals, all court and arl>itnd:ioo costs and all costs of repair and replacement of worlc of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an exteosion of theCootract Time because of any delay in performance of the W orlc attnbutable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 - FA YMENTS TO CONTRACTOR AND COMPLETION Schedule of Val.lus: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Worlc will be based on the number of units completed AppUcatJonfor'Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date ot 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 Worlc 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 WlUTllD1ing that OWNER has received the materials and equipment free and clear of all liens, charges, security imerests and encumbrances (which are hereinafter in theSe General Conditions referred to as -Liens-) and in 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. 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 Worlc, materials, and equipment covered by an Applicatioo for Payment, whether incorporated in the Project or not, will pass to OWNER DO later than the time of payment free and clear of all Liens. Review of AppUcations for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reason for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with ENGINEER's recommendation, tbe amount recommended will (subject to tbe provisions of the last sentence of paragrapb 14.7) become due and wbeo due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based 00 ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER's review of tbe Application of Payment and the accompanying data and schedules that the Work bas progressed to the point indicated; that, to the best of tbe ENGINEER's knowledge, information and belief, the quality of the Worlc is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications of Unit Price Work under paragrapb 27 I I I 9.10, and to any other qualifications stated in the recommendAtion); and that CONTRACTOR is entitled to pa)'meU of the amount recommended. However, by recommending any such payment ENGINEER 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 ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additiooally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I 14.6. ENGINEER's ieOOo~tion of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled =, . - 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER, may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of snhcA.:puu iospectioos or tests,nullify any such payment previously recommended, to such extent as may be oecessaIy in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER bas been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the 0CCUJTe0ce of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on accouot 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 ENGINEER) stating the reasons for such action. Substanti4l Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially compete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. 1bere 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 ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER 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, ENGINEER considers the Work substantially complete,ENGINEER will within 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 ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER priqr to ENGINEER's issuing the defmitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and 28 CONTRACTOR UDtil final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which bas specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the WORK is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work aJtbougb it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER,ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of respomibilities 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 ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property msurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or tkfeflive. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. 29 I I I Flnol J.pplJuztionJor Payment: I 14.12. After CONTRACTOR bas completed all such corrections to the satisfaction of ENGINEER and delivered all maim.......nee and operating instructions, schedules, guaramees, Bonds, certificates of inspection, marlced-4lp record documeota (as provided in paragraph 6.19) and other d~lmeots-all as required by Contract J)()(;'ltDPds, and after ENGINEER bas indicated that the Work: is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment sball be accompanied by all documentation called for in the Contract Documents, together with 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 thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor , services, material and equipment for which a Lien cou1d be filed, and that all payrolls, material and ""J'iprn->t 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; and consent of the surety, if any, to fioal pa}'lDfd. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. I I I I I I i ii Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the work during coostruction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation- all as required by the Contract Documents, ENGINEER is satisfied that the Work bas been completed and CONTRACTOR's other obligations under the Contract Docun:teds have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's ~t1.:Jn of pa}'lDfd and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recoounend final pa}'lDfd, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's reo.::o..u,~..utinn aDd notice of acceptability, the amount .000..nn--W by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's fioal Application for Payment and recommendation of ENGINEER, and without termillAtiag 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 that the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any paymerX by OWNER or 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 ENGINEER pursuant to paragraph 14.13, nor any correct 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 malcing and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising 30 from unsettled Liens, from defecrive Work appearing after final inspection ~ to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations UDder 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. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time 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 ENGINEER 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 increase in the Contract Price or any extension of the Contract Time, or both, directly attnbutable to any suspension if CONTRACTOR makes an approved claim thereof as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case UDder any chapter of the Bankruptcy Code (ritle 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise u:OOer 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 BanIaupcy 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 UDder any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed UDder applicable law or under contract, whose appointment or authority to take charge of property of CONfRACfOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently 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 ENGINEER; or 15.2.9. ifCONfRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and surety, iftbere be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CO~TRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, coostruction equipment and machinery at the 31 I I I site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR fur- trespsss or conversion),incorporate in the Work all materials and equipment stored at the site or for which OWNER bas paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. H the unpaid balance of the Contract Price exceeds the direct, indirect and ~..-;.J costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and ubitration costs) such excess will be paid to CONTRACTOR. H 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 ENGINEER 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. I I I I I I 15.3. 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 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and tenninate the Agreement. In such case,expense sustained plus reasonable termination expenses, which sequential costs (including, but not limited to, fees and charges or engineers, architects, attorneys and other professionals and court and arbitration costs). I - . - Contrador May Slop Work or TermilUlte: I 15.5. H, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other p.1blic authority, within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may under seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable iiiiii termination expenses. In addition and in lieu of term~ the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to malc:e any payment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until paymeot of alllllOOUlD then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during dispJtes and disagreements with OWNER. ARTICLE16-ARBrrRATION 16.1. All claims, disputes and other matters in question between OWNER am CONTRACTOR arising out of, or relating to the Contract documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided in the Superior Court of Richmond County, Georgia. ARTICLE 17 - MISCELLANEOUS Giving Nome: 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 nme: 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. H 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. 32 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 will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER 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 Docwneus, and the provisions of this paragraph will be effective as if repeated specificaJly 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. 33 I I I I SGC-Ol. SGC-D2. I SGC-03. I SGC-04. SGC-05. I SGC-06. I SGC-D7. I SGC-08. SGC-09 . I SGC-lO. I SGC-ll. SGC-12. I SGC-13. I SGC-14. SGC-15. I SGC-16. I SGC-17. I SGC-18. I I I SUPPLEMENTAL GENERAL CONDmONS INDEX Owner's Liability and Property Insurance Contractor's Liability Insurance Special Hazards Testing Laboratory Surveys Progress Payments Drawings Rights-of-Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use by Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations I I I I I I I I I I I I I I I I I SGC-Ol. OWNER'S LIABILITY & PROPERTY INSURANCE: Sections 5.5,5.6,5.7,5.8,5.9, and 5.10 of the General Conditions shall be amended as follows: No additiona11iability or property insurance will be purchased by Augusta-Richmond County Commission for this project. Current insurance coverages will remain in effect for the life of this Contract. SGC-02. CONTRACTOR'S LIABILITY INSURANCE: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor' sProperty Damage Insurance in an amount not less than $100,00. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. SGC-03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Georgia Highway System and the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SGC-04. TESTING LABORATORY: All materials testing and laboratory work in connection therewith shall be paid for by the Contractor and approved by the Engineer. - . . SGC-l SGC-05. SURVEYS: The Engineer will provide horizontal control points and benchmarks for vertical control. The Contractors will provide surveying for construction stake-out. SGC-06. PROGRESS PAYMENTS: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Monthly payments shall be made in the amount of ninety (90) percent work completed . and approved by the Engineer. Payments will be made to the Contractor by the 15th :of the month completed the previous month. SGC-07. DRA WINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for this contract: Sheet No. 1 2 3 4 5 TItle Date Cover General Notes Plan Sheet Sta 0+00 to Sta 12+00 Plan Sheet Sta 12+00 to End Project Water Distribution Details SGC-08. RIGHTS-OF-W A Y: The OWNER will furnish all land and rights-of-way necessary for the carrying out of this 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 lands 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-2 I I I I I I I I I I I SGC-09. ESTIMA TE OF QUANTITIK<;: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably nP(:eSsary 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-IO. EXISTING STRUCTURES AND UTIIJTIES: 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-ll. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The contractor shall, immediately after the contract has been awarded, submit to the Augusta Utilities Department Director 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-12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) 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-13. 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 Augusta Utilities Department Director. SGC-3 SGC-14. 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 such other time as the agency having jurisdiction may specify, 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 lanterns, to reduce or eliminate hazards, construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to the contractor. SGC-15. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all times 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 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 nece~~ry to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue this operations so as to minimize the time that direct entrance is blocked. SGC-16. 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-17. BYPASSING SEW AGE: The Contractor will be required to schedule and coordinate construction sequences and operations 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-4 I I I I I I I I I I I I SGC-18. 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 and under Section 107 of the Contract Work Hours and Safety Standards Act. . - - I SGC-5 I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS section 1 CLEARING AND GRUBBING TS1-Ol. SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetative 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 of right-of-way of any excavation, borrow area, or embankment. TS1-02. 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 vegetations 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 18 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. TS1-03. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: - - . Saw logs, pulp wood, cord wood qr 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 Engineer. - TS1-04. MEASUREMENT AND PAYMENT: Clearing and grubbing will be considered as incidental to operations and shall be paid for at the lump sum price as no separate pay item. TSl Page 2 I I I I I I I I I I I I I I I I I - I . TECHNICAL SPECIFICATIONS Section 2 EXCAVATION. TRENCHING AND BACKFILLING TS2-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and performing all operations in connection with the excavation, trenching and backfilling for water mains, sewers and appurtenant structures, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TS2-02. EXCAVATION: a. General: Excavation shall be in accordance with OSHA Safety Requirements. b. Classification: Excavation shall comprise the satisfactory removal and disposition of all excavated materials regardless of classification. The Contractor shall perform all excavation of every description and whatever substances encountered to grade indicated. Water mains shall have a minimum cover of 36". c. Excavation for Walls and Footings: Excavation for walls and footings shall extend a sufficient distance to allow for the placing and removal of forms, installations of services and for inspection, except where the concrete wall or footings may be authorized to be deposited directly against excavated surfaces. 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 crushed rock as specified below under Trench Excavation. d. Trench Excavation: The banks of trenches shall be kept as nearly vertical as practicable, and where required, shall be properly sheeted and braced. The width of trenches at and below the level of the pipe shall provide a minimum of six inches and a maximum of 12 inches clearance on each side of the bell of the pipe. The width of the trench above this level may be made wider as necessary for sheeting and bracing and the proper installation of the work. The bottom of trenches shall be accurately graded to provide uniform bearing and support for:each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum over depth of four inches and maximum of 12 inches below the normal required trench depth. The over depth rock excavation and all excess trench excavation shall be backfilled with well-graded crushed stone or crushed gravel meeting the requirements of ASTM C-33, Gradation 67 (3/4" to #4). Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Augusta utilities Department Engineer and the trench backfilled to trench bottom grade with crushed stone or gravel as specified above. e. Dewatering and Drainage: All excavations shall be protected from flooding by surface waters (rain runoff, etc.). Dewatering by pumping orwell pointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it will neither cause injury to public health, damage to public or private property, damage to the ground/road surface or inhibit the use of the streets by the public, work completed, or work in progress. To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. f. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. Excavations shall not be made until shoring has been completed. All existing structures, streets, pipes and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his TS2 Page 2 I I I I I I I I I I I I I I . ~ I - . - workmen in excavations by the use of suitable sheeting, shoring and bracing or by sloping the banks in accordance with the angle of repose of the soil. g. Excess Material: Excess excavated material not suitable or required for backfill or filling shall be wasted as directed by the Augusta utilities Department Engineer in an upland area. h. stockpiles: Excavated material to be used for backfill shall be stockpiled as directed by the Augusta utilities Department Engineer. Excavated material shall be deposited a sufficient distance from the side of the excavation wall to prevent excessive surcharge on the wall. i. Blasting: Where blasting is necessary, it shall be done in accordance with local ordinances by skilled operation and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. TS2-03. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Augusta utilities Department Engineer. The trenches above the pipe bedding zone shall be carefully backfilled with earth, loam, sandy clay, sand and gravel, soft shale or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement or other hard materials having any dimension greater than two inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. For backfilling, to a level one foot over the top of pressure pipe1ines and two feet above the top of gravity pipe1ines, only selected materials shall be used. Selected materials shall be approved by the Augusta utilities Department Engineer and consist of finely divided material free from debris, organic material and stone and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding six inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. Compaction shall be at least 95% of the maximum la~oratory dry weight per cubic foot. 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 place~ 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 TS2 Page 3 lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6-inch layers and each layer moistened and compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698. 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 excess material wasted in an upland area as approved by the Augusta utilities Department 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 Augusta utilities Department Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. . TS2-04. PAVEMENT REPLACEMENT: The Contractor shall replace all pavement removed, undermined or damaged by his construction operations and as required by the plans. As the completion of the pipe installation and construction of manholes and appurtenant structures progresses, all backfill shall be completed in the manner prescribed in this section of these specifications. This backfill shall be finished off to a grade level with the surface of the adjacent pavement and shall be maintained smooth and free from potholes depressions and ruts until the pavement replacement, grassing, etc., hereinafter prescribed are performed. Pavement replacement shall be started as soon as possible after completion of backfill. The edge of existing pavement to remain shall be neatly cut vertically and on a uniform horizontal alignment with a rotary power saw (concrete saw). The backfill material shall be removed to depth required and subbase compacted as hereinbefore specified. The designated patch shall be installed in accordance with the following specifications. a. Concrete Pavement: The patch shall be 8" thickness of 3,000 psi concrete. Joints shall be provided in the new pavement matching in type and location all joints in existing adjacent pavement. The surface of the new pavement shall also be finished to match the surface of adjacent pavement. b. Driveways: Same as for concrete pavement except that the thickness shall be 6 inches. TS2 Page 4 I I I I I I I I I I . - c. Sidewalks: Same as concrete pavement except that the thickness shall be 4 inches. d. Asphalt Concrete: The patch shall consist of a 8" thickness of 3,000 psi concrete and a surface course of 1~" thickness of asphalt concrete for at least 12" on each side of the excavated trench. After the concrete has attained sufficient strength, concrete surface shall be cleaned and prepared for the bituminous surface by application of a bituminous tack coat. A surface course consisting of a 1~" compacted thickness of hot plant mix bituminous material conforming to Type "E" or "F" Modified Plant Mix Asphalt, shall then be constructed on the prepared base. e. Concrete CUrb and Gutter: Concrete curb and gutter which has been removed shall be replaced to match the adjacent curb in type and dimensions. 3,000 psi concrete shall be used in construction of curb and gutter. f. Granite CUrb: In removing and replacing granite curb, extreme care shall be exercised to eliminate breakage or other damage during removal, storage and replacement. The Contractor will be required to replace all sections broken or damaged by his construction operations with new sections of identical material and dimensions at his own expense. In the replacement of the curb, the Contractor shall take extreme care in the placement and compaction of backfill under and adjacent to the curb to insure adequate support throughout the full length of each section of curb. g. Brick Pavement: Replace brick on 6 inch concrete. New pavement shall match existing construction. TS2-05. EXISTING IMPROVEMENTS: The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, sewers, gutters and other drains encountered and repair to the satisfaction of the Engineer any surface or subsurface improvement damaged during the course of the work. The Contractor shall also make reasonable and satisfactory provisions for the maintenance of highway and street traffic. TS2-06. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restorations shall include seeding, sodding and transplanting of lawns, hedges, ornamental plantings and the repair or replacement of driveways, walks or other facilities. TS2 Page 5 TS2-07. SALVAGE MATERIALS: All cast iron trap tops, grates and frames, manhole rings and covers, etc., that are removed and not reused shall be salvaged and hauled to the Augusta utilities Department, 2760 Peach Orchard Road. TS2-08. MEASUREMENT : 1. Excavation and Backfill: Unclassified excavation and backfill of excavated materials including satisfactory removal and disposal of excess material shall not be measured for payment and all costs shall be included in the applicable contract payment item as set forth in the Proposal. 2. Crushed stone or Gravel: The quantity of crushed stone or gravel authorized by the Augusta utilities Department Engineer to refill or unsuitable material excavation shall be the actual tons of stone installed and accepted. Crushed stone or gravel required to backfill unauthorized over-excavation in either width or depth will not be measured for payment. 3. Select Material: Select material authorized by the Augusta utilities Department Engineer to replace unsuitable material for backfilling excavations and fill shall be measured on a cubic yard basis truck measure, complete installed and accepted. 4. Pavement Replacement: Pavement replacement - 8" thick concrete pavement, 6" thick concrete driveway pavement, 4" thick concrete sidewalk pavement, asphalt concrete pavement, brick pavement will be measured on a square yard basis complete and accepted, except where shown on plans or approved by the Augusta utilities Department Engineer. Limit of measurement for pavement replacement over trench excavation shall be the pipe outside diameter plus three (3) feet. Limit of measurement around manholes and structures shall be two (2) feet beyond the outside wall. a. Curb and Gutter: The quantity of curb and gutter measured shall be the actual linear feet of curb and gutter replaced, complete and accepted. Except where shown on plans and approved by the Augusta utilities Department Engineer, the limit of measurement shall be the pipe outside diameter plus three (3) feet plus distance on either side of above width centered over pipe to closest construction or expansion joint on either side. b. Granite Curb: The quantity of granite curb removed and replaced shall be the actual linear feet of granite curb and gutter removed and replaced, complete and accepted. Limit of measurement shall be same as for curb and gutter. TS2 Page 6 I I I I I I I I I I I I I TS2-09. PAYMENT: No separate payment will be made for excavation and backfilling; testing, refilling of over-excavation; dewatering and drainage; sheeting and shoring; stockpiling; blasting; pavement replacement and curb and gutter and granite curb replaced outside specified limits; protection and replacement of existing improvements damaged by Contractor's operations; restoration of property damaged by Contractor's operations; salvage material or other items of work except items as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items. Measured items shall be paid for at the contract unit or lump sum price for the items as set forth in the proposal, which payment shall be full compensation for the work, complete in place and accepted. Payment will be made under the following: Select Material Crushed stone or Gravel 8" thick Concrete Pavement 6" thick Concrete Driveway Pavement 4" thick Concrete Sidewalk Pavement Asphalt Concrete Pavement Brick Pavement Curb and Gutter Granite Curb per cubic yard per ton per square yard per square yard per square yard per square yard per square yard per linear foot per linear foot I . - I i . TS2 Page 7 . I I I I I I I r I I I I I . . .. . . . TECHNICAL SPECIFICATIONS Section 3 WATER DISTRIBUTION TS3-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and appliances and in performing all operations in connection with installation, testing and sterilization of 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. All Technical Specifications are minimum. Specifications on the Plans govern if said Specifications meet or exceed those minimum specifications given in the Technical Specifications of the Contract Documents. It may be inferred that the intent of the Contract Document is to describe a functionally complete Project and, therefore, all appurtenances, fittings, valves, etc. shall be commensurate with the specified pipe size and pressure class rating, unless noted otherwise. Any deviations from the plans, (spec., materials and drawings) approved by the Augusta utilities Department must be reviewed and approved in writing by the Engineer prior to beginning construction. Any installation made without written approval shall be removed at the Contractor's expense. TS3-02. NOTIFICATION: Before commencing any water main construction, the Contractor shall notify the Augusta utilities Department at 2760 Peach Orchard, 796-5000. No valves shall be operated by the Contractor or his representative without an authorized employee of the Waterworks Operations Department being present. TS3-03. MATERIALS: 1. Pipe' Fittings: Pipe for water mains shall be ductile iron (DI), polyvinyl chloride (PVC), or galvanized steel as per the following specifications. Fittings for all pipe shall be cast iron or ductile iron, mechanical joint, cement lined. Retainer glands, where specified, shall be ductile iron. All materials shall be marked as per AWWA Standards (with manufacturer's mark and pressure class as a minimum) . 1.1 Iron Pipe: Ductile iron pipe and ductile or cast iron fittings shall be cement-mortar lined with rubber gasket joints and shall be in accordance with the following specifications, except where noted on plans: Specifications Description AWWA Cl04 ANSI A2l.4 Cement-mortar lining for ductile-iron pipe and fittings for water. AWWA CllO ANSI A2l.10 Ductile-iron and Gray-iron fittings, 3 in. through 48 in. for water and other liquids. AWWA Clll ANSI A2l.ll Rubber-gasket joints for ductile-iron pressure pipe and fittings. AWWA CllS ANSI A2l.lS Flanged ductile-iron pipe with threaded flanges. AWWA ClSl ANSI A2l.S1 Ductile-iron pipe, centrifugally cast, for water or other liquids. AWWA C153 in. ANSI A2l.S3 Ductile-iron compact fittings, 3 in. through 16 for water and other liquids. Except as otherwise indicated on plans, minimum pressure class for ductile iron pipe, fittings, and appurtenances shall be as follows: Pipe Size (in) Pressure Class (p.s.i.) 3" - 12" 350 14" - 20" 250 24" 200 30" - 64" 150 1.2 Polyvinyl Chloride (PVC) Pipe (4" - 12"): Polyvinyl chloride pipe shall be in accordance with AWWA Standard C900, Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. through 12 in. for water, Class 200, (class of pipe subject to change due to pressure rating in the job area with change to be approved by written notice from the Augusta utilities Department), DR-14 with cast-iron-pipe- equivalent OD's and elastomeric-gasket bell ends of the integral wall- thickened type. 1.3 Polyvinyl Chloride (PVC) :Pipe (1 1/2" - 3"): 1 1/2" through 3" shall be ring-tite, Class 200. Fittings shall be Schedule TS3 Page 2 I I I I I I I I I I I - I . . - - - I 40 solvent weld. 1.4 Galvanized steel Pipe (1 1/2" - 3"): All galvanized steel pipe shall be American made, Schedule 40 and shall conform with the ASTM Specifications for galvanized steel pipe for water distribution. 2. Valves: Valves shall be iron body, bronze mounted, or resilient seat, AWWA mechanical joint, "0" ring packing, non-rising stem ~ valves. All gate valves and tapping valves shall be QEEN ~ and all linings shall be in accordance with AWWA Standard C550. 2.1 Gate Valves: Gate valves (3" through 48") shall be in accordance with AWWA Standard C500, Gate valves for water and other liquids. Working pressure shall meet that pressure specified in the Plans with a minimum working pressure of 200 psig for valves 14 in. NPS in diameter or smaller, and 150 psig for valves with diameters of 16 in. NPS or larger. Valves 16 in. NPS in diameter and larger shall be double disc gate valves and shall require a bypass in accordance with AWWA Standard 500, Section 3.20. 2.2 Resilient-Seated Gate Valves: Resilient-Seated Gate Valves (3" through 12") shall be in accordance with AWWA Standard C509, Resilient-Seated Gate Valves for Water and Sewerage Systems. Working pressure shall meet that pressure specified in the plans with a minimum working pressure of 200 psig. 2.3 Butterfly Valves: Butterfly valves (appropriate for 3" through 72" valves) may be used only upon approval by the Engineer for valves 12 in. or larger and shall be in accordance with AWWA Specification C504, Rubber-sealed Butterfly Valves (minimum Class 150B). 2.4 Valve Boxes: Each valve box shall be adjustable for a minimum cover of 36" bury. Extension pieces will be required for additional depth over valves. Covers shall have "WATER" cast on top. Valves requiring special boxes shall be either cast-in-place or precast concrete boxes in accordance with approved plans. All equivalents and alternates shall be submitted to the Engineer for approval. All boxes shall provide adequate drainage. 3. Keter service: Water meter service lines shall be copper, Type K, with brass fittings in accordance with AWWA standard C800. Threaded connections for fittings, whether inlet or outlet, internal or external, shall be in accordance with AWWA Standard C800, Section 4.2. Meter boxes shall be "Rome Type" cast iron 10" x 19" x 10" or "Brooks" #1419 series. Top shall have cast ribs on bottom side with four (4) legs to prevent sliding movement. Top shall have minimum weight of 13 pounds. TS3 Page 3 4. Fire Hydrants: Fire hydrants shall be in accordance with AWWA standard C502, Dry Barrel Fire Hydrants, as modified by the following minimum requirements. For water mains with static and residual pressure in excess of those pressures indicated for this fire hydrant, fire hydrants shall meet the minimum requirements specified on the plans. 1. AWWA Compression Type - Dry Top - Traffic Model 150 psi working pressure, 300 psi testing pressure. 2. Size of Hydrant Valve Opening - 5 1/4" 3. Number and Size Hose Nozzle - 2 ea., 2~" NHT 4. Hose Nozzle Threading - National Standard Hose Thread 5. Number and Size Steamer - 1 ea., 4" NHT 6. Steamer Nozzle Threading - 4", 4 threads per inch (NHT) 7. Size of Shoe Connection - 6". 8. Type of Shoe Connection - Mechanical Joint. 9. Size and Shape of Operating Nut - Pentagon, 1 1/2" flat to point. 10. Direction of Opening - Open left (Counterclockwise) N.R.S. 11. Bury - Minimum 40". 12. Color - White 5. Tapping Sleeves: The tapping sleeves shall be mechanical type joint suitable for the working pressure specified for the water main, M & H, Mueller, Clow or equal. TS3-04. EXCAVATION. TRENCHING AND BACKFILLING: Excavation, trenching and backfilling shall be in accordance with Section TS2-01, Excavation, Trenching and Backfilling for Pipe Lines of which a copy is hereto attached. TS3-05. INSTALLATION: 1. General: Installation of all pipe, valves, fittings and appurtenances for water mains and services shall be in accordance with the applicable provisions of the specified sections of AWWA Standard C600, Installation of ductile-iron water mains and their appurtenances. Minimum cover over top of pipe shall be 36" or as indicated on plans. 2. Water Main: 2.1 New Water Main Installation: Procedure of installation to conform to AWWA Specification C600, Installation of ductile-iron water mains and their appurtenances. ' TS3 Page 4 I I I I I I I I I I I I I I . I . - - 2.2 Existing Water Mains to be Extended or Tapped: No taps or extensions of existinq mains shall be made unless an Inspector is present. Notice of 24 hours shall be qiven to the Augusta utilities Department before commencinq work. Large transmission mains will be tapped by Augusta utilities Department at the Contractor's expense. 2.3 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, using a plug, cap, or solid sleeve, as directed by the Augusta utilities Department Engineer, complete with reaction blocking. 3. Water Heter Service: 3.1 Taps: Taps shall be made on the upper half of the water main at angle of 450 from vertical. The trench for the service line shall be excavated to a depth which will insure a minimum cover of 30" below finished grade. :Thenew copper line shall be laid in a straight line insofar as possible form the corporation cock to the curb cock. The c~rb cock shall be located on the front property line, 8" below the top of the meter box, set flush with the finished grade service. Taps on mains in subdivisions shall be made so that service lines will be located in the center of proposed lots. 3.2 New Water Meter Service on New and Existing Mains: A new water meter service shall consist of the following: a. 3/4" tap in water main and double-strapped tapping saddle. b. 3/4" corporation cock installed in main (AWWA thread x compression with integral clamp). c. 3/4" copper tubing. d. 3/4" service ell. e. 3/4" curb cock (meeter/coupling thread x compression with integral clamp). material. Refer to Section TS2-03 of these specifications on 3.3 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 utilities Department Engineer; installing a new 3/4" copper line with required fittings 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. 3.4 Water Meter Service Adjusted: Where a conflict exists between the existing meter services andlthe new curb and gutter, etc., the Contractor shall adjust grade and make extension as required using TS3 Page 5 existing pipe and fitting or by furnishing new pipe and fittings of the same size and material as existing. 3.5 Extending Services: Existing copper services, at the discretion of the Inspector, can be extended by using copper to copper couplings. All new appurtenances (service ell, curb cock and copper) shall be used and shall be equal in size to the existing service to be extended. 4. Valves: Valves shall be installed in accordance with AWWA standard C500, section A.5. Before setting each valve, make sure the interior is clean and tested for opening & closing. Valves shall be installed while in the closed position. Set valves and stops with stems plumb and at the exact locations shown. Valve and service boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a distance of 3' on all sides of the boxes. Tap connection to existing mains shall be kept closed until after the line is tested, disinfected, flushed and accepted for service. 5. Fire Hydrant and Latera1s: Before setting, remove foreign material from barrel and test for opening and closing. Set hydrant plumb with hose nozzles 18". above finished grade in location shown on the plans or, if not specified, a minimum of 24 inches behind the back of the curb. The hydrant shall be set at a height so that the backfill or final grade will be at the bury line. The fire hydrant shall be set a minimum of 3.0' from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be ductile iron with 6" M.J. valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from the barrel. Concrete reaction blocks shall be used for thrust restraint. After installation, all hydrants shall be given a touch-up coat of paint and two (2) field coats of high grade paint of the color specified by the Augusta utilities Department Engineer. 6. Reaction B1ocking: All plugs, fire hydrants, caps, tees, bends and other fittings shall be provided with adequate reaction blocking. Concrete for reaction blocking shall have a 28 day compressive strength of 3000 p.s.i. and shall bear directly against the undisturbed trench wall. All bolts and joints shall be left exposed and caution taken while pouring blocking not to cover tees, bolts, etc., as mentioned above. 7. Tapping Sleeve and Va1ve: 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 surface of the tapped main shall be cleaned just prior to installation of the tapping sleeve. TS3 Page 6 Nominal PIpe DilImeter . In. Avv Tnt 3 4 6 8 10 12 14 16 18 20 24 30 36 42 48 54 Pre.. IPSI) 450 0.48 0.64 0.95 1.27 1.59 1.91 2.23 2.55 2.87 3.18 3.82 4.78 5.73 6.69 7.64 B.60 400 0.45 0.60 0.90 1.20 1.50 1.80 2.10 2.40 2.70 3.00 3.60 4.50 5.41 6.31 7.21 B.ll 350 0.42 0.56 0.84 1.12 1.40 1.69 1.97 2.25 2.53 2.81 3.37 4.21 5.06 5.90 6.74 7.5B 300 0.39 0.52 0.78 1.04 1.30 1.56 1.82 2.08 2.34 2.60 3.12 3.90 4.68 5.46 6.24 7.02 275 0.37 0.50 0.75 1 .00 1.24 1.49 1.74 1.99 2.24 2.49 2.99 3.73 4.48 5.23 5.98 6.72 250 0.36 0.47 0.71 0.95 1.19 1.42 1.66 1.90 2.14 2.37 2.85 3.56 4.27 4.99 5.70 6.41 225 0.34 0.45 0.68 0.90 1.13 1.35 1.5B 1.80 2.03 2.25 2.70 3.3B 4.05 4.73 5.41 6.03 200 0.32 0.43 0.64 0.85 1.06 1.2B 1.48 1.70 1.91 2.12 2.55 3.19 ' 3.82 4.46 5.09 5.73 175 0.30 0.40 0.59 0.80 0.99 1.10 1.39 1.59 1.79 1.98 2.38 2.98 3.58 4.17 4.77 5.36 150 0.28 0.37 0.55 0.74 0.92 1.10 1.29 1.47 : 1.66 1.84 2.21 2.76 3.31 3.86 4.41 4.97 125 0.25 0.34 0.50 0.67 0.84 1.01 1.18 1.34 1.51 1.68 2.01 2.52 3.02 3.63 4.03 4.53 1 00 0.23 0.30 0.45 0.60 0.75 0.90 1.05 1.20 1.35 1.50 1.80 2.25 2.70 3.16 3.60 4.05 I I I I I I I I I I I I I . . - I - TS3-06. TESTING: After installation of the main, hydrants, 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 p.s.i. above the normal static pressure or 200 p.s.i., whichever is greater. Test pressure shall not be less than 1.25 times the working pressure at the highest point along the test section. Leakage shall not exceed the allowable leakage (gph) per 1000 feet of pipeline in the following table for a test pressure of 1.25 times the working pressure for a 2-hour duration. The test shall be performed after the curb and gutter has been completed and all curb cocks have been installed. Notice shall be given to the Augusta utilities Department 24 hours prior to beginning the test. TS3-07. DISINFECTION: Disinfection shall comply to AWWA Specifications C651, Disinfecting Water Mains. A representative from the Augusta utilities Department shall be present with four (4) hour notice prior to placing the disinfectant in the system. A notice of 24 hours shall be given to the Augusta utilities 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. TS3 Page . TS3-08. 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 the Augusta utilities Department, 2760 Peach Orchard Road and placed at location directed by the Augusta utilities Department Engineer. TS3-09. MEASUREMENT : 1. 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 center to center of pipe junctions, end of pipe or centerline of fitting, valve or fire hydrant whichever is applicable. 2. Fittings: Measurement of fittings shall be the total published weight of all fittings installed and accepted. Weight of gaskets, bolts and nuts shall not be included in measured weight. 3. Tappinq S1eeve and Va1ve: The quantity to be paid for under this item will be the actual number of tappings sleeves and valves installed, complete (including the tap and valve box) and accepted. 4. Water Main cut and Plugged: The quantity to be paid for under this item will be the actual number of each size water main cut and plugged, complete and accepted. s. Va1ves: The quantity to be paid for under this item will be the actual number of valves, install.ed, (complete with valve box) and accepted. 6. Fire Hydrants: The quantity to be paid for under this item will be the actual number of fire hydrants installed, complete and accepted (this item includes hydrant, reaction blocking, crushed stone, 6" pipe, and 6" valve& box) . 7. Water Meter service: The quantity to be paid for under this - item will be the actual number of new water meter services installed (new water main), new water meter services installed (existing water main) and water meter services renewed (existing main), complete and accepted. 8. Water Heter Service Adjusted: Measurement of water meter services adjusted shall be the actual number of water meter services adjusted, complete and accepted (includes new pipe and fittings as required) . TS3-10. PAYMENT: Payment for each size of water main pipe measured as specified above will be paid for at the contract price per linear foot as set forth below. Other measured items shall be paid for by the contract unit or lump sum price for the various items, complete in place in accordance with the TS3 Page 8 I I I I I I I I I I I I - - I / specifications. No separate payment will be made for excavation, backfill, testing, disinfection, reaction blocking, clamps and tie rods, or other items or 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. 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 Water Meter Service, Adjusted Water Main cut and Plugged Fire Hydrant inches per linear foot per ton per each per each per each per each per each per each per each inch size inch size Existing Main inch size TS3 Page 9 I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS section 4 GRADING TS4-01. SCOPE: This area covers grading for the roadways, retention pond, drives and/or walks, including all excavations, formation of embankments, preparation of subgrade of pavements and finishing and dressing of graded earth areas, shoulders, and ditches. It shall also include the removal and disposal of miscellaneous roadway items, including but not limited to curbs, drainage structures and pavements, unless established as separate contract items. Work in connection with excavation, trenching, and backfilling for utility lines is not included under this section. TS4-02. 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 4 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials. TS4-03. EXCAVATION: The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every description regardless of material encountered within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits of the work. When directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to Classes Pt, OH, CH, MH, OL, CL, or ML as described under the Unified Soil Classification System. Such material removed and the selected materials 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 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. . - TS4-04. 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 r~ots, 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 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 expense of developing thecsources, including rights-of-way for hauling. TS4-05. EXCAVATION 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 aSH 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 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. TS4-06. PROTECTION OF EXISTING SERVICE LINE 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 TS4 Page 2 I I I I I I I I I I I I I expense. In the event that the Contractor damages any existing utility lines that are not shown, or the locations of which are not known to the Contractor, report therefore shall be made immediately to the Engineer. If determined that repairs are to be made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled CHANGES. . '184-07. BACKFILL ADJACENT '10 8'l'RUC'.rURE8: 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. '184-08. PREPARA'.rION OF GROUND 8URFACE FOR FILL: All vegetation, such as roots, brush, heavy sods, heavy growth or 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. '184-09. 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 from the excavation shall be used in forming the fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones 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 of the full width of cross- section and shall be compacted as required. . - II I '184-10. COMPACTION: - Structure Fill: Each layer of the fill or embankment, except in the areas indicated as not required compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-tired roller, three steel-wheeled power roller, vibratory rolier or other compaction equipment, whichever is best suited for the types of soil encountered, as approved, to a least 98 percent of maximum density at optimum moisture content. TS4 Page 3 Pavement subgrades shall be prepared in accordance with appropriate sections of these specifications. 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 Owner and will be in accordance with AASHO standards T147 or ASTM 0-698. TS4-11. 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 form either blade-grader or scraper operations, 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 bend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.1 foot below grade prior to grassing. TS4-12. DISPOSAL OF WASTE MATERIAL: All vegetation, roots, brush , sod, unbroken pavement, rubbish, and other unsuitable or surplus material stripped or removeq form the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer. The material shall be dumped, spread, and leveled to drain. Surplus excavation shall be hauled to, compacted in accordance with structure fill areas and sloped to drain in the disposal areas where directed. The unsuitable material shall be leveled to drain and firmed under the normal operation of the spreading and hauled equipment. Any trees, stumps, brush, down timber, etc. in the area to be used for disposal shall be cleared by cutting (to within six (6) inches of the ground) and shall be disposed of by burning, removal from the property or a combination of both. Clearing and disposal of trees, stumps, etc. shall comply with the applicable portions of the Clearing and Grubbing specifications. TS4-13. 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 ~hall 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 TS4 Page 4 I I I I I I I I I I I I I I I I 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. TS4-14. 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 b repaired and grades re-established to the required elevations and slopes, at no additional expense to the Owner. straw used in mulching shall remain in place on all grassed areas until time of acceptance by the Owner. TS4-15. MEASUREMENT AND PAYMENT: Excavation of all substances encountered, will be considered as incidental to operations. Placement of fill and anyon-site or off-site wasting of excess excavated material will be considered as subsidiary responsibilities of the Contractor. Payment will be made for items in this section as Grading complete - lump sum. . . . . - TS4 Page 5 I. I . I I I I I I I I I , I I I , I I I . TECHNICAL SPECIFICATIONS Section 5 GRASSING (BERMUDA-MILLET) TSS-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. TSS-02. SEED BED PREPARATIONS: 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. 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, shal1 be smoothed out before seeding operations are begun. TSS-03. FERTILIZATION: Fertilization shall be distributed uniformly at a rate of 1,500 pounds of commercial 10-10-10 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 a part of the tillage operation specified above, or a part of the hydroseeding 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 inches by disking, harrowing, or other acceptable methods. The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above. Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be a 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. TS5-0.f. 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 and Brown Top Millet seed shall be applied at a rate of 40 pounds of seed per acre. If seeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed shall be applied at a rate of 40 pounds of seed per acre simultaneous with Abruzzi Rye seed at a rate of 200 pounds per acre. Seed may be applied by means of a Hydroseeder or other means approved by the Engineer. TS5-05. 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 hums and hallows, and to the established grade. TS5-06. MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the rate of 1 1/2 tons per acre or a permanent soil erosion control mat designed to protect the subgrade and expedite growth, except where hydroseeding is employed using a cellulose mulch mixed with the seed and fertilizer. This straw or fabric must remain intact and in good condition until the job is accepted. TS5-07. ACCEPTANCE: Grassed areas will be accepted with a 95 percent cover by permanent grasses is obtained and weeds are not dominant. TS5-08. 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, Edition of 1983. TS5-09. MEASUREMENT - PAYMENT: Grassing, complete and accepted, as performed under this section shall be paid for as a lump sum price. TS5 Page 2