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HomeMy WebLinkAboutCHANDLER CONSTRUCTION I I I I I I I I I I I I I I I I I I I for CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS BUTLER CREEK COLLECTOR SANITARY SEWER EXTENSION Augusta Utilities Department Project No. 50130 Prepared For: Augusta, Georgia Commission 530 Greene Street Augusta, Georgia 30911 (706) 821-1706 Prepared By: w. R. Toole Engineers, Inc. 349 Greene Street. Augusta, Georgia 30901 (706) 722-4114/ www.wrtoole.com I I ....,.....~ ~ UTll..rrIES DEPARTMENT I N. Max Hicks, P.E., RLS. Director Wes Byne, P.E., Assistant Director Engineering and Construction Division 360 Bay Street, Suite 180 - Augusta, GA 30901 (706) 312-4132 - Fax (706) 312-4133 www.augustaga.gov I I TO: Geri Sams, Director Procurement FROM: Wes Byne, PE, Asst Director Engineering and Construction I DATE: 02113/06 I SUBJECT: Belair Hills Collector Sewer, ADD 50130, Bid Item #06-097 Re: Addendum 1 on Upper Belair Hills Collector Sewer I Ms. Sams, I The following notes address all questions received as of 2/21/06, and constitute addendum #1 for the Belair Hills Collector Sewer which is Bid Item # 06-097. I 1. All DIP pipe shall be class 350 for lines 16" and smaller, and class 300 for lines 18" to 24" in diameter. I 2. All DIP pipe shall be epoxy-coated per A WW A C-151. I 3. All pipe installed greater than 18' deep shall be encased in #57 stone to the top of the pipe. This item will be included in the line item for the pipe. All other pipe shall be installed as a Type 5 laying condition. I I 4. Line Item M-9, Miscellaneous Class A Concrete, shall be revised to 100 cubic yards to be used for miscellaneous applications, at ADD discretion. I 5. The 42" storm sewer and appurtenances shown on sheets C14, CI4A, and C14B shall be paid from Lump Sum construction. The details for the pipe, and footages are shown in the plan set. A listing of Lump Sum Construction items is included in this addendum. I 6. Dewatering of the trench is included in the pipe price. A detailed boring log is included in the bid package. I 7. Exterior joint wrap is required in all of the manholes. This shall be included in the price of the manholes. I I I I \~ UTll..rrIES DEPARTMENT. I N. Max Hicks, P.E., RLS, Director Wes Byne, P.E., Assistant Director Engineering and Construction Division 360 Bay Street, Suite 180 - Augusta, GA 30901 (706) 312-4132 -Fax (706) 312-4133 www.augustaga.gov I I 9. The Contractor shall vacuum test all manholes per ADD specification, and low-pressure air-test all pipe lines per ADD specification. Neither of these items shall be paid until passing these tests. I 10. Attached is a Measurement and Payment section for line items in the project. I 11. Attached are soil cores taken from the neighborhood showing asphalt thicknesses. I 12. Attached is a soil boring report showing the subsurface material in the neighborhood. 13. Item P-9, 24" Concrete curb and gutter, shall be revised to 2000 LF. I 14. All references to #67 stone in the bid schedule shall be revised to read #57 stone. I Thanks, I "fJliF' ~et;tro!,,!r;Ble(;!r0r!lCelectr('rlfc€;!e(':tlorlicel*ct{1 I I Wes Byne I I I I I I I I I I I I I REVISED MARCH 19, 2004 AUGUSTA UTILITIES DEPARTMENT SANITARY SEWER PROJECT. MEASUREMENT AND PAYMENT SANITARY SEWER I ITEMS S-lA through S-161 - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. ITEM S-17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. I I ITEM S-18 - Select backfill shall be measured in cubic yards for both Types I and II and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. The standard trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM S-19 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. ITEMS S-20A through S-20F and S-23 - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/ or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A through S-21F, S-22A through S-22F, S-24 through S-25 - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. I I I I I I I I SAN SEWER MEASURE & PMT 04 03 19.DOC 10F4 I I I REVISED MARCH 19, 2004 I ITEMS S-26A through S-26F - Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include fue costs for wrapping material and installation. No additional payment shall be made for fuese items. ITEMS S-27 A through S-27F - Sanitary sewer interior protective coating shall be measured by fue vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM 5-28 - Outside drop piping shall be measured individually (each) and shall include the costs for all items associated wifu the drop manhole detail, exclusive of the manhole or manhole extensions. No additional payment shall be made for these items. ITEM 5-29 - Dog house/ connector manholes shall be measured individually (each) and shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and boots, grouting and / or ofuer connections, installation, and normal backfill. The costs for the base section, first riser, cone section, and ring and cover shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item. No additional payment shall be made for these items. ITEM S-30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-31- Cut and plug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. I I I I I I I I ITEM S-32 - Cut and plug manholes shall be measured individually (each) and shall include costs for cutting of existing manholes, plugging of existing manholes, excavation, dewatering, asphalt/concrete cutting, and normal backfill. No additional payment shall be made for these items. I I I ITEM S-33 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/ coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM S-34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM S-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for fuese items. ITEM S-36 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cuttmg, and normal backfill. No additional payment shall be made for these items. I I I I I SAN SEWER MEASURE & PMT 04 0319.DOC 20F4 I I REVISED MARCH 19, 2004 I PAVEMENT STRUCTURES. I I I ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. I I ITEM P-2 - Aggregate base (101,.2" thick) and asphalt patch (21,.2" thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 112 II graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. I ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall include costs for asphalt, installation, and site preparation, including necessary sub grade preparation, base removal, and base installation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. I I I I I ITEM P-8 - Curb and/or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. . I I ITEMP-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finislUng. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. MISCELLANEOUS I I I ITEM M-l- Plowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 0319.DOC 30F4 I I I I REVISED MARCH 19, 2004 I I I I I ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall b~ made for these items. ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-5 - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for sanitary sewer installation. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM L5-1- Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. I I I I I I I I I I SAN SEWER MEASURE & PMT 04 0319.DOC 40F4 I I I I I I I I I I REVISED MARCH 19, 2004 AUGUSTA UTiLITIES DEPARTMENT WATER SYSTEM PROJECT - MEASUREMENT AND PAYMENT WATER MAIN ITEMS W-IA through W-3J - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. No additional payment shall be made for these items. ITEM W-4 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, and installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM W -5 - Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. The maximum trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. I I ITEM W-6 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation including normal joints and gaskets, mechanical joint restraint, etc., regardless of material. No additional payment shall be made for these items. I I I I ITEM W-7 - Transition couplings shall be measured individually (each) and shall include costs for couplings, soil surface preparation, connection to water main, excavation, asphalt/ concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W-8 - Fire hydrants shall be measured individually (each) and shall include costs for hydrants, soil surface preparation, connection to water main, all associated valves and fittings, concrete pad (if required), excavation, asphalt/concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEMS W-9A through W-12 - All valve line items shall be measured individually (each) and shall include costs for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be made for these items. I I I WATER MEASURE & PMT 04 0319.DOC 10F4 I I I I I I I I I I I I I I I I I I I REVISED MARCH 19, 2004 ITEM W-13 - Tapping sleeve and valves shall be measured individually (each) and shall include costs for sleeve, valve, associated hardware, valve boxes, temporary plugging/ draining of pipeline, excavation, dewatering, asphalt/ concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W-14 - Check valves and vaults shall be measured individually (each) and shall include costs for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering, asphalt/concrete cutting, all associated pipe and fittings, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W-15 through W-16 - Long and short side water service connections shall be measured individually (each) and shall include costs for piping, water meter connection, dewatering, asphalt/ concrete cutting (including service markings), installation, normal backfill, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. No additional payment shall be made for these items. ITEM W-17 - Polyethylene pipe wrap shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. ITEM W-18 - Tie-ins to existing lines shall be measured individually (each) and shall include costs for piping, dewatering, asphalt/ concrete cutting, installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM W-19 - All cut-in gate valves shall be measured individually (each) and shall include costs for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering, asphalt/ concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be made for this item. ITEM W-20 - Cut and plug existing water line shall be measured individually and shall include all costs associated with cutting into an existing line and plugging it as detailed in the plans and specifications. No additional payment shall be made for this item. ITEM W-21- Miscellaneous concrete shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. PAVEMENT STRUCTURES ITEM P-l - Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P-2 - Aggregate base (10 W' thick) and asphalt patch (2 W' thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 21,.2" graded aggregate base removal and disposal, bittuninous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. WATER MEASURE & PMT 04 0319.DOC 20F4 I I REVISED MARCH 19, 2004 I ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. I I ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for existing sidewalk removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. I I I ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall include costs for existing asphalt removal and disposal, asphalt, installation, site preparation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items, ITEM P-8 - Curb and/ or gutter placement shall be measured in linear feet and shall include costs for existing curb and/or gutter removal and disposal, concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made for these items. ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made for these items. I I I MISCELLANEOUS I ITEM M-l- Plowable fill shall be measured in cubic yards cmd shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. I I ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No addItional payment shall be made for these items. ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as weUas all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. I I ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-5 - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new I I WATER MEASURE & PMT 04 03 19.DOC 30F4 I I I I I I I I I I I I I I I I I I I I REVISED MARCH 19, 2004 materials of like quality as necessary for water line installation. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM LS-l- Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. WATER MEASURE & PMT040319.DOC 40F4 I I I MOBn..IZATION, DEMOBILIZATION roNcrION BOX - SPECIAL DESIGN L u.MP SUM CONSTRUCfION (Incudes. but is nut Umited to tbll Ust continued beloW) I I GABIONREl'AINING WALLS CATCH BASIN, GP 2; ADD. DEPTH, CL 1 REMOVE AND RESET FENCES, ALL TYPES CLASS A CONCRETE, INCLD RElNF STEEL (OUTLET REMOVE AND:RESET GATES. ALL TyPES REMOVE AND RECONNEcr WATER SERVICES. REMOVE AND :RESEl' STORM sEWER, LENGTHS AND SlZES VARY RECONl'lECT sANITARY sEWER SERVICES I I 42.. RCP STORM DRAIN PIPE RECONSTRUcr BRICK. WALL, HI' V ARIES REMOVE &:RESEr SIGNS, TYPE v.ARIES REMOVE AND :RESET WATER sPRJNKLERSYSTEMS, REMOVE AND :RESET WATER VALVE, SIZE V ARIES REMOVE.MID RESET YARD LAMPS, TYPE VARIES 1.8" RCP STORM DRAIN PIPE I 2.4' RCPSTORMDRAINPIPE 30' RCP ST ORM DRAIN PIPE I 36" RCP STORMDRAINPIPE 60' RCP STORMDRAlNPIPE REMOVE AND RESET :MAILBOXES, TYPE VARIES EROSION AND SEDIMENT CONTROL Temp. Grassing C enstroction Exits Rip-Rap Mise. Erosion Centrol Stroc!ures I 48" RCP STORMDRAlNPlI'E I STORM SEWER MANHOLE, TY 1 STORM SEWER MANHOLE, TY 1; ADD. DEPrH CL 1 SILT FENCE, TYPE A I STORM SEWER MANHOLE, TY 2. STORM SEWER MANHOLE, TY 2; ADD. DEPTH CL 1 STORMSEWER:MANHOLE, TY 2; ADD. DEPl'HCL 2. SILT FENCE, TYPE B SILT FENCE, TYPE C TRlIFFlC CONTROL I I . CATCH BASIN, GP 1 CATCH BASIN, GP 1; ADD. DEPTH, CL 1 MISC. GRADING pERMANENT GRASSlNG I I I I I I I I I I I I I ~ I I I I I I I I I I I Title INDEX FOR CONTRACT DOCUMENTS Invitation for Bids Instruction to Bidders Proposal Employee Conflict of Interest Form Bid Bond Agreement · Agreement Supplemental Information Performance Bond Payment Bond General Conditions Supplemental Conditions Technical Specifications: A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Section 02055 - Soils-Structural Section 02060 - Aggregate Section 02230 - Clearing & Grubbing Section 02316 - Rock Removal Section 02324 - Trenching Section 02512 - Site Water Distribution Section 02516 - Disinfection of Water Distribution Section 02539 - Sanitary Sewage Systems Section 02630 - Storm Drainage Section 02633 - Storm Sewer Drainage Structures 'Section 02633SS - Sanitary Manholes, Frames & Covers Section 02721 - Aggregate Base Course Section 02740 - Flexible Pavement Structures Section 02750 - Concrete Construction Section 02760 - Flowable Fill Material Section 02822 - Fence Removal and Replacement, New, Replaced In-Kind Section 02924 - Grassing and Mulching a. Pages 1 1-4 1-9 1 1-2 1-3 1A 1-2 1-2 1-52 1-5 1-2 1 - 2 1 1 - 2 1 - 6 1 - 5 1 - 2 1 - 4 1 - 4 1 - 3 1 - 3 1 - 3 1 - 5 1 - 3 1 - 3 1 - 2 1 - 3 I I I I I I I I I I I I I I I I I I I INVITATION FOR BIDS SEALED BIDS for the construction of 40,120 linear feet of water main and appurtenances, hereinafter referred to by project name: Bid Item No. 06 . 097: Butler Creek Collector Sanitary Sewer Extension Augusta Utilities Project No. 50130 will be received by: Augusta Commission Hereinafter referred to as the OWNER at the offices of: Geri A. Sams The Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Until 3:00pm, Tuesday on the 28th day of February. 2006 , 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 offices of: Augusta Purchasing Dept 530 Greene Street, Room 605 Augusta, Georgia 30911 F. W. Dodge Plan Room 1281 Broad Street Augusta, Georgia 30901 Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 Augusta Builder's Exchange 1262 Merry Street Augusta, Georgia 30904 Bidding documents may be obtained at the office of the Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $175.00 non-refundable per set. A mandatory pre-bid conference will be conducted at 10:00 a.m. onTuesday, February 7. 2006 at the conference room of the Purchasing Department, Room 605. Cut off day for questions is Friday. February 10. 2006 by 4:00 p.m.. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award. The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities. Bids shall be addressed to Augusta Commission, c/o Geri Sams, Purchasing Director, Municipal Building, Augusta, GA 30911, marking the envelope "Butler Creek Collector Sanitary Sewer Extension, Augusta Utilities Project No. 50130, Bid Item #06 - 097". No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. It is the wish of the Owner that minority business be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Metro Courier January 12,19,26, February 2,2006 January 18, 2006 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. 18-1 I I I I I I I I I I I I I I I I I I I Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. 18-2 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded, will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. 18-4 I I I I I I I I I I I I I I I I I I I PROPOSAL for BUTLER CREEK COLLECTOR SANITARY SEWER EXTENSION Augusta 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 carefully examined and fully understands the Contract Documents 3. He understands that information 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; 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 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.) 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Z...:l Cl W ...:l >-w ~ Oll. ~Ul U :I:: > -;l25 ...:l::E w25 z Ul ...:l 25 \0 :"0 Z < 5E ~~ ?< ~u E-o \0 ;:l \0 w U Z E 00 < "., ""' '" 0 N - 0 - - N , ~ ~ - ~ , I ~ , Ul - ~ ~ ~ ~ ...:l I I I I I I I I I I I I I I I I I I I The contract covering the construction of all work described above will be completed within 360 consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta Utilities Department Director. In strict accordance with the contract documents and in consideration of the amounts shown on the bid schedule attached hereto, the undersigned, as bidder, submits the following base bid, totaling: Four million one hundred thirty-five thousand three hundred ten and 00/100-------- Dollars ($4,135.310.00) subject to reductions, additions 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 $200.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date One 22. Feb. 06 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of 10% of bid Dollars ($ ) 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 Performance and Payment Bond. The successful bidder shall have a current Business License. P-B I I I I I I I I I I I I I I I I I I I The Owner is an Equal Opportunity Employer. Chandler Construction Services. Inc. Name of Bidder ignature & Title 0 Representative Date: 28. Feb. 06 1511 Ninetv Six Hwv Business Address Ninetv Six. SC 29666 City and State P-9 - - - I I I I I I I I I I I I I I I I EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any Augusta, GA business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other Augusta, GA employee has a financial interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is awarded pursuant to a. C.G.A. 45-1 0-22 and 45-10-24, or the transaction is excepted from said restrictions by a.c.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of any employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. , USE OF CONFIDENTIAL INFORMATION 1-10-15 It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated' gain for any other person. Name: ~~~~ {/(;;::? Date~~ ~ Title: Company: ~"""".QO.oIIl' ~ ~v,.c~ # /.ue THIS SHEET IS REQUIRED TO BE IN SUBMITTAL. I I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Chandler Construction Services, Inc. as PrincipaL hereinafter called the PrincipaL and the Safeco Insurance Company of America ,a corporation duly organized under the laws of the State of WA land authorized to transact business in the State of GA , as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta Utilities Department Augusta, GA ,as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars (1000%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by th~se presents. WHEREAS, the Principal has submitted a bid for Butler Creek Collector Sanitary Sewer Extension: Project #50130 NOW, THEREFORE, if the Obligee shall 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 the bidding or Contract Documents with good and sufficient surety acceptable to the Obligee, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of February, 2006 Y\ ~~ ~ Wi Principal ,Chandler ce.~on Services, Inc. B~# ~ VoH Surety Safeco Insurance Company of America ~ (j, f~ Witness BY:~'\)Jlf'\.. ~U;lAr-~_ Tonya Crowe Attorney-in-Fact I I I ill POWER OF ATTORNEY Safeco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 6744 I KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF- AMERICA, each a Washington corporation, does each hereby appoint No. I ******DELLA B. CASE; TONY A CROWE; DUAINETTE H. CULLUM; WESLEY V. DASHER, JR.; FRANK W. HAFNER, JR.; ALFRED T. JOHNSON; ROBERT J. LA VISKY; JANE MCCOY; JENNIFER C. NEWMAN; MARIAN C. NEWMAN; Col u m b ia, South Ca ral i na********************************************************************************** I its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds Or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents I 19th September 2005 this day of I ~JfjU~ STEPHANIE DALEY-WATSON SECRETARY ~ MIKE PETERS. PRESIDENT. SURETY I CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: I "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed fOr that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and sUrety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority Or on any bond Or undertaking of the company, the seal, Or a facsimile thereof, may be impressed Or affixed Or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. I I "On any.certificate executed by the Secretary Or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. I I IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation J 1 ~+i' day of ~-..i).. (A tZ.'~-r this '/ Uii(' ,& " I ~Jf;4~ I I STEPHANIE DALEY-WATSON, SECRETARY Safeeo@ and the Safeeo logo are registered trademarks of Safeeo Corporation. S-0974/0S 4/05 WEB POF I I I I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned as Principal and as Surety, are hereby held and firmly bound unto the Augusta Commission, Georgia, as OWNER in the penal sum of for the payment of which, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of ,20 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta Commission a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the Butler Creek Collector Sanitary Sewer Extension Proiect. NOW, THEREFORE, (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 Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance 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. 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. 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 any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. 88-1 I I I I I I I I 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. 88-2 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, made on the ~ day of '1n ~ 20P..t by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, party of the first part, hereinafter called the OWNER, and Chandler Construction Services. Inc. party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Butler Creek Collector Sanitary Sewer Extension and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE 11- TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within _ calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within 360 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part ofthe consideration for the awarding of this contract, to pay the Owner the sum of ~': ($ 4,135,310.00 )Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the C;on\ractor shall be in default after the time stioulatedJn the Contract far comoletina .the,.work. Four Ml.lhon One Hundrea Thlrty-Fl.ve Thou~and Three Hundred Ten ana Ucr/llJU A-1 I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE 111- PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Proaress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A-2 I I I I I I I I I I I I I I I I I I I (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (0) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSJAn G~~RGI ..A, By: LJ ~ ~ As its Mayor (SEAL) A~T: ~dt//~ secretary ~. eJts Address: 1511 Ninetv Six Hwv tAMsr J~f.-Qy i2,\ Ninetv Six, SC 29666 A-3 I I I , I . I I I J I I I ) I I I I I I I I I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; that Chandler Construction Services, Inc. . (Name of Contractor) 1511 Ninety Six Highway, Ninety Six, SC 29666 (Address of Contractor) a Corporation , hereinafter called Principal, and Safeco Insurance Company of America (Name of Surety) Safeco Plaza, Seattle, WA 98185 (Address of Surety) hereinafter called Surety, are held and firmly bound unto the Augusta Commission, Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of ~': dollars ($ 4 .135.310.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ... . . _ _ ,..._ ~':Four Million One Hundred Thirty Five Thousand 'Three Hetn!ired Ten and.GO/100 Do lIars THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of ,20 , a copy of which is hereto attached and made a part hereof for the cqnstruction of the Butler Creek Collector Sanitary Sewer Extension Proiect. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said.contract during the original term thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall re.imburse and repay the Owner all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall be in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PFB-1 I I I J I J I I , I J 'I J 'I , I. 1 . I 'I oJ '1 . I 'I . . 'I . . :1 '1 . ) '1 I . :1 ~ J :1 , ) 'I IN WITNESS WHEREOF, this instrument is executed in ~(number) of counterparts, each of which shall be deemed an original this _day of , 20_. Chandler Construction Services. _ j Prin9ipal ;: ~~ {f~_ t 1511 Ninety Six Highway Address Inc. (s) Ninety Six, SC 29666 (Witness as to r~ncipal) ~ ,Srt '1lA/lAli,~ . 1f~ ~ 5L~c,~ ATTEST: illl~ V-12- C~ (Surety)~aJYC Safeco Insurance Company of America Surety By ~ e ,uJlJ.r-L Attorney-in-fact Tonya Crowe Safeco Plaza Address Seattle, WA 98185 (SEAL) ~~7Jlc*"~ WitifJ'ss as to Surety I 1710 Gervais Street Address en 111m}); .l'l c:r. ?Q?01 ) . . NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORT ANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and authorized to transact business in the state where the project is located. PFB-2 I I I I . I , I I I I I I I I I I I I I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Chandler Construction Services, Inc. (Name of Contractor) 1511 Ninety Six Highway, Ninety Six, SC 29666 (Address of Contractor) a Corporation (Corporation, Partnership or Individual) hereinafter called Principal and Safecn Insurance Company of America (Name of Surety) Safeco Plaza, Seattle, WA 98185 (Address of Surety) hereinafter called Surety, are held and firmly bound unto the Augusta Commission, Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of FCllt" Millicn ere H.rdrErl Thirty Five 1h:usarrl Three H..n::lra:l Tro an:l 00/100 dollars ($ 4,135,310.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, assigns, jointly and severally, firmly by these presents. The Condition of this obligation is such that whereas the Principal entered into a certain contract with the Owner dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of: Butler Creek Collector Sanitary Sewer Extension Proiect NOW, THEREFORE, 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, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. PYB-1 I I , I , I I -,. - J I , - - -I J I I J I J ,I 'I , IN WITNESS WHEREOF, this instrument is executed in2...(number of copies) counterparts, each one of which shall be deemed an original, this the _day of ,20_, ATTEST Inc. (s) Safeco Insurance Company of America . Surety By ~~e~ Attorney-in-fact Tonya Crowe ~ess !lA . . . ~J~.5(\ ~ A TftST: NlU4~ V:J., CillJ).{)/Yl--/ SuretyXmlXDEltap,y< Safeco Plaza Address Seattle, WA 98185 (SEAL) ~7?1"~ . Witness as to S rety 1710 Gervais Street Columt~g~e~c 29201 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership; a/1 partners should execute bond. IMPORT ANT: 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-2 I I I ill POWER OF ATTORNEY Saleco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 6744 I KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint No. I ******DELLA B. CASE; TONY A CROWE; DUAINETTE H. CULLUM; WESLEY V. DASHER, JR.; FRANK W. HAFNER, JR.; ALFRED T. JOHNSON; ROBERT J. LA VISKY; JANE MCCOY; JENNIFER C. NEWMAN; MARIAN C. NEWMAN; Col u m bi a, South Carol i na********************************************************************************** I its true and lawful attorney(s)-in-fact, with lull authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents I 19th September 2005 this day of I ~J.;if~ STEPHANIE DALEY.WATSON.SECRETARY ~ MIKE PETERS. PRESIDENT. SURETY I CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 197D. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (Ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation I I I I I I this day of I ~~~ I STEPHANIE DALEY-WATSON, SECRETARY I S-0974/DS 4/05 Saleco@ and the Saleco logo are registered trademarks 01 Saleco Corporation. WEB PDF I I ((;(())[P)W I I BID. POWER OF ATTORNEY Saleco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 6744 I KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint No. I ******DELLA B. CASE; TONY A CROWE; DUAINmE H. CULLUM; WESLEY V. DASHER, JR.; FRANK W. HAFNER, JR.; ALFRED T. JOHNSON; ROBERT J. LAVISKY; JANE MCCOY; JENNIFER C. NEWMAN; MARIAN C. NEWMAN; Colu m bia, South Caroli na********************************************************************************** I its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents I 19th September 2005 this day of I ~Jfr~ /#16-- STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS. PRESIDENT. SURETY I CERTIFICATE . Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (i1) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation :1 I I I I I this day of I ~Jfr~ I STEPHANIE DALEY-WATSON, SECRETARY I S-0974/DS 4/D5 Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF I I (C(Q)[pJW I I ..~ POWER OF ATTORNEY Safeco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 6744 I KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint No. I ******DELLA B. CASE; TONY A CROWE; DUAINmE H. CULLUM; WESLEY V. DASHER, JR.; FRANK W. HAFNER, JR.; ALFRED T. JOHNSON; ROBERT J. LAVISKY; JANE MCCOY; JENNIFER C. NEWMAN; MARIAN C. NEWMAN; Col u m bla, South Caroli na ********************************************************************************** I its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents I 19th September 2005 this day of I ~Jfr~ ~ STEPHANIE DALEY.WATSON SECRETARY MIKE PETERS. PRESIDENT. SURETY I CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant there1o, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation I I I I I I this day of I ~Jfr~ I STEPHANIE DALEY-WATSON, SECRETARY Safeco<ii> and the Safeco logo ara registered trademarks of Safaco Corporation. I $-0974/0$ 4/05 WEB POF "I I I I I I I I I I I I I I I I I I I I Revision Date August 2001 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes andlor orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design andlor resident engineer services for the Work. PROGRAM MANAGER - The professional firm or individual designated as the representative orthe OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared GC-2 Page 2 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the C;ontract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of .items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work wh ich will be confirmed in writing by CONTRACTOR at the time of submission. GC-4 Page 4 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-5 Page 5 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. - 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 Page 6 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4).1 As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC-7 Page 7 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. , The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface co nditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniq ues, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as in herent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be GC-8 Page 8 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 . performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine 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 attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC-9 Page 9 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. GC-10 Page 10 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or 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 Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; , 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a. result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's 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 canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary GC-12 Page 12 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties.. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. . 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 Page 13 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWN ER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and GC-14 Page 14 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-15 Page 15 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Page 16 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determ ine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 Page 17 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWN ER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the djfference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on 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. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting GC-18 Page 18 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16; CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWN ER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants 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 them. Record Documents: GC-19 Page 19 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: . 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a GC-20 Page 20 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person( s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. 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. 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and GC-21 Page 21 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organi~ation directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. GC-22 Page 22 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. GC-23 Page 23 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project atthe site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such. other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWN ER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several 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 PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC-24 Page 24 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWN ER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to P~OFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and writte,n supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition GC-27 Page 27 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-28 Page 28 of 52 I I I I I I I I I I I I I I I I I I I "- Revision Date August 2001 ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. . 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-29 Page 29 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payabl~ to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the followi ng: , 11.4. 5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 Page 31 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, 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 classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's GC-32 Page 32 of 52 ,. I I I I I I I I I I I I I I I I I I I Revision Date August 2001 office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to . reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC-34 Page 34 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes. fire, unavoidable casualties, utility conflicts wh ich could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-35 Page 35 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract D.ocuments or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. GC-36 Page 36 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the 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 Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but notbe limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs GC-38 Page 38 of 52 I I I I I I I I I I I I I I I I I I I Revision Date AU9ust 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-39 Page 39 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on accountof Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete. PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part 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 although it is notsubstantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 Page 42 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedu re for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of GC-43 Page 43 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). GC-44 Page 44 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-45 Page 45 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude GC-46 Page 46 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (withoutduplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with. the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-48 Page 48 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. . GC-49 Page 49 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. GC-50 Page 50 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retain age pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: . 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWN ER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For. this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-52 Page 52 of 52 I I I SGC-01. I SGC-02. SGC-03. I SGC-04. SGC-05. I SGC-06. I SGC-07. SGC-08. I SGC-09. SGC-10. I SGC-11. I SGC-12. SGC-13. I SGC-14. I SGC-15. SGC-16. I SGC-17. SGC-18. I SGC-19. I I I I I SUPPLEMENTAL GENERAL CONDITIONS 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 MaOintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations NPDES - Stormwater Discharge Requirements I I I I I I I I I I I I I I I I I I I SGC-01. 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 additional liability or property insurance will be purchased by the Augusta 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 $1 00,000 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's Property 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, with the exception of the testing related to the NPDES requirements, in connection therewith shall be paid for by the Contractor and approved by the Owner. SGC-05. SURVEYS: The Engineer will provide horizontal control points and benchmarks for vertical control. The Contractor will provide surveying for construction stake-out. SGC-1 I I I I I I I I I I I I I I I I I I I 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. Payments will be made to the Contractor by the 15th of the month completed the previous month. This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Not withstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. Contractor to submit all pay request information to Augusta Utilities Department (Owner). SGC-07. DRAWINGS: 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 3.1 3.2 3.3 3.4 - 3.7 4.1 A 1 - A38 B1 - B18 C 1 - C23 01 - 013 Title Cover Sheet Index General Notes ES & PC Notes & Details Erosion Control Maps General Notes Detailed Estimate Plan and Profile (Line "A") Plan and Profile (Line "B") Plan and Profile (Line "C") Plan and Profile (Line "0") SGC-08. RIGHTS-OF-WAY: 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 SGC-2 I I I I I I I I I I I I I I I I I I I 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-09. ESTIMATE OF QUANTITIES: 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 necessary or desirable by the OWNER to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-10. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the contractor before starting work. The contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-11. 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 incomplete 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 I I I I I I I I I I I I I I I I I I I SGC-14. MAINTENANCE OF TRAFFIC: In any work within the public right-ot-way, the contractor shall provide adequate warning and protection for pedestrian and vehicular traffic trom 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 necessary 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. Contractor shall utilize Best Management Practices (BMP's) as defined within the Manual of Erosion & Sediment Control in Georgia at all times. Prior to establishing permanent grass cover, contractor shall provide temporary grass and mulch on any disturbed areas as per Georgia Department of Transportation Standards and Specifications, Section 163. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-17. BYPASSING SEWAGE: 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-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. SGC-4 I I I A. I 8. C. I D. E. I F. G. I H. I. J. I K. L. I M. N. I o. P. I Q. I I I I I I I I - . TECHNICAL SPECIFICATIONS Section 02055 - Soils-Structural 1 _ 2 Section 02060 - Aggregate 1 _ 2 Section 02230 - Clearing & Grubbing 1 Section 02316 - Rock Removal 1 _ 2 Section 02324 - Trenching 1 _ 6 Section 02~12 - Site Water Distribution 1 _ 5 Section 02516 - Disinfection of Water Distribution 1 _ 2 Section 02539 - Sanitary Sewage Systems 1 _ 4 Section 02630 - Storm Drainage 1 _ 4 Section 02633 - Storm Sewer Drainage Structures 1 _ 3 Section 02633SS - Sanitary Manholes, Frames & Covers 1 _ 3 Section 02721 - Aggregate Base Course 1 _ 3 Section 02740 - Flexible Pavement Structures 1 _ 4 Section 02750 - Concrete Construction 1 _ 3 Section 02760 - F/owable Fill Material 1 _ 3 Section 02822 - Fence Removal and Replacement, New, Replaced In-Kind 1 _ 2 Section 02924 - Grassing and Mulching 1 _ 2 I I I I I I I I I I I I I I I I I I I SECTION 02055 SOILS - STRUCTURAL PART 1 GENERAL 1.1 SUMMARY A. Section includes structural subsoil backfill materials. 1.2 UNIT PRICES - MEASUREMENT AND PAYMENT A. Soils - Structural: Per cubic yard, loose measure. NOTE: Backfill material for sanitary sewer, storm sewer or water main will not be paid for separately. Should existing conditions warrant the importing and placement of select material, in addition to the select backfill material noted in each respective embedment detail, then this work will be paid for per cubic yard as noted above, but only at the direction of Owner. 1.3 REFERENCES A. American Society for Testing and Materials: 1. ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.51b Rammer and 12 inch Drop. 2. ASTM 02487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). I 3. ASTM 02922 - Standard Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). 4. ASTM 03017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 1.4 SUBMITTALS A. Materials Source: Submit name of imported materials source. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standards. Soils-Structural 02055 - 1 I I I I I I I I I I I I I I I I I I I PART 2 PRODUCTS 2.1 SUBSOIL MATERIALS A. Subsoil Type S 1 : 1. Structural 2. Graded. 3. Free of lumps larger than 2 inches, rocks larger than 1 inch, and debris. 4. Conforming to Georgia Department of Transportation Standards and Specifications Section 810, Class IA1, A2). 2.2 SOURCE QUALITY CONTROL A. Testing and Analysis of Subsoil Material: Perform in accordance with ASTM 0698. ASTM 02922. ASTM 03017. B. If tests indicate materials do not meet specified requirements, change material and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Prevent intermixing of soil types or contamination. E. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Soils-Structural 02055 - 2 I I I I I I I I I I I I I I I I I I I SECTION 02060 AGGREGATE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate materials for and subgrade stabilization and storm sewer pipe bedding. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Foundation Backfill, GA DOT, Type II (Aggregate Type A1) (For subgrade stabilization; as directed by Augusta Utilities Department Representative) Per cubic yard, installed and accepted. B. Foundation Backfill, GA DOT Type II (Aggregate Type A-1) (For storm sewer pipe bedding as required): No separate payment. 1.3 REFERENCES A. MSHTO M147 (American Association of State Highway and Transportation Officials) - Materials for Aggregate and Soil-Aggregate. B. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM 0698 - Test Method for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.51b Rammer and 12 inch Drop. D. ASTM 02167 - Test Method for Density and Unit Weight of Soil in Place by the. Rubber Balloon Method. E. ASTM 02487 - Classification of Soils for Engineering Purposes. F. ASTM 02922 - Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). G. ASTM 03017 - Test Method for Moisture Content of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). H. ASTM 04318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. Aggregate 02060 - 1 I I I I I I I I I I I I I I I I I I I PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type A 1: GA DOT Type II backfill material conforming to Georgia Department of Transportation Standard Specifications, Section 812. 2.2 SOURCE QUALITY CONTROL A. Aggregate Material - Testing and Analysis: Perform in accordance with Georgia Department of Transportation Standard Specifications. B. If tests indicate materials do not meet specified requirements, change material or material source and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Aggregate 02060 - 2 I I I I I I I I I I I I I I I I I I I SECTION 02230 CLEARING & GRUBBING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Removing surface debris. 2. Removing trees, shrubs, and other plant life. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Clearing and Grubbing: Per acre as per Augusta Utilities Department Standard Bid Schedule; Measure and Payment Section. PART 2 Not Used. PART 3 EXECUTION 3.1 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain. C. Protect bench marks, survey control points and existing structures from damage or displacement. 3.2 TREE REMOVAL A. Remove only trees designated for removal. B. Limit clearing and grubbing to easement areas designated on plans. 3.3 REMOVAL A. Remove debris, rock, and extracted plant life from site. END OF SECTION Clearing & Grubbing 02230 - 1 I I I I I I I I I I I I I I I I I I I SECTION 02316 ROCK REMOVAL PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Removing rock discovered during excavation. B. Related Sections: 1. Section 02324 - Trenching: Trenching and backfilling for utilities. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Rock Excavation: 1. Basis of Measurement: Per Cubic Yard of rock excavated and removed. 2. Basis of Payment: Refer to Augsuta Utilities Department Standards and Specifications, Measurement and Payment Section. 1.3 REFERENCES A. Augusta Utilities Department Standards and Specifications. 1.4 DEFINITIONS A. Rock: Solid mineral material with volume in excess of 1/3 cu yd. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 EXAMINATION A. Verify site conditions and note subsurface irregularities affecting Work of this section. 3.2 PREPARATION A. Identify required lines, levels, contours, and datum. Rock Removal 02316 - 1 I I I I I I I I I I I I I I I I I I I 3.4 3.5 3.3 ROCK REMOVAL BY MECHANICAL METHOD A. Excavate and remove rock by mechanical method. 1. Drill holes and use expansive tools, wedges, mechanical disintegration compound to fracture rock. B. Cut away rock at bottom of excavation to form level bearing. C. Remove shaled layers to provide sound and unshattered base for pipe foundations. D. Remove excavated materials from site. E. Correct unauthorized rock removal as directed by Augusta Utilities Department representative. ROCK REMOVAL BY EXPLOSIVE METHODS A. Contractor is prohibited from using any removal method involving explosives or explosive devices for rock removal. FIELD QUALITY CONTROL A. Request visual inspection of foundation bearing surfaces by Augusta Utilities Department Inspector before installing subsequent work. END OF SECTION Rock Removal 02316 - 2 I I I I I I I I I I I I I I I I I I I SECTION 02324 TRENCHING PART 1 GENERAL 1.1 SUMMARY A Section includes excavating trenches for utilities; compacted fill from top of utility bedding to subgrade elevations; and backfilling and compaction~ B Related Sections: 1. Section 02060 - Aggregate. 2. Section 02512 - Site Water Distribution 3. Section 02539 - Sanitary Sewage Systems: Sanitary sewer piping and bedding. 4. Section 02630 - Storm Drainage. 5. Section 02760 - Flowable Fill Material 1.2 UNIT PRICE - MEASUREMENT & PAYMENT A No separate payment for excavating, trenching or backfilling activities. 1.3 REFERENCES A ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.5 Ib Rammer and 12 inch Drop. C ASTM 01556 - Test Method for Density of Soil in Place by the Sand-Cone Method. o ASTM 02167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E ASTM 02922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). F ASTM 03017 - Test Methods for Moisture Content of Soil and Soil-Aggregate Mixtures. 1.4 DEFINITIONS A Utility: Any buried pipe, duct, conduit, or cable. 1.5 FIELD MEASUREMENTS A Verify field measurements prior to fabrication. Trenching 02324 - 1 I I I I I I I I I I I I I I I I I I I 1.6 COORDINATION A Verify Work associated with lower elevation utilities is complete before placing higher elevation utilities. PART 2 PRODUCTS 2.1 FILL MATERIALS A Fill Type S1: As specified in Section 02055. B Fill Type S2: As specified in Section 02760 (Flowable Fill Material). PART 3 EXECUTION 3.1 LINES AND GRADES A Grades 1. Pipes shall be laid true to the lines and grades indicated. 2. The grade alignment of the pipe shall be maintained by the use of, a string line parallel with the grade line and vertically above the centerline of the pipe. This line shall be established on level batter boards at intervals of not more than 25 feet. Batter boards shall span the trench and be rigidly anchored to substantial posts driven into the ground on each side of the trench. Three adjacent batter boards must be set before laying pipe to provide a check on the grades and line. Elevation and position of the string line shall be determined from the elevation and position of offset points or stakes located along the pipe route. Pipe shall not be laid using side lines for line or grade. 3. As an alternative means of establishing alignment and grade, a "Laser- Beam" instrument may be utilized with a competent operator. B Location of Pipe Lines: 1. The location and approximate depths of the proposed pipe lines are shown on the Drawings. 2. The Engineer reserves the right to make changes in lines, grades, and depths of pipe lines and manholes when such changes are necessary. 3.2 . PREPARATION A Identify required lines, levels, contours, and datum locations. B Protect plant life, lawns, and other features remaining as a portion of final landscaping. C Protect bench marks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. Trenching 02324 - 2 I I I I I I I I I I I I I I I I I I I 3.3 3.4 o Maintain and protect above and below grade utilities which are to remain. E Cut out soft areas of subgrade not capable of compaction in place. Backfill with Type A 1 material (Section 02060) and compact to 95% standard proctor. EXCAVATING A Excavate subsoil required for utilities to tie-in location. B Cut trenches sufficiently wide to enable installation and allow inspection. Remove water or materials that interfere with Work. C Do not interfere with 45 degree bearing splay of foundations. o Hand trim excavation. Hand trim for bell and spigot pipe joints. Remove loose matter. E Remove lumped subsoil, boulders, and rock up to 1/3 cubic yard, measured by volume. F Correct over excavated areas with backfill and compact replacement material to 95% standard proctor. G Stockpile excavated material in area designated on site and remove excess material not being used, from site. . TRENCHING A Excavations: 1. Excavation shall be dug so that the pipe can be laid and jointed properly. The trench shall be made so that the pipe can be laid to the alignment and depth as shown on the Drawings, and it shall be excavated only so far in advance of pipe laying as permitted by the Engineer. The excavation shall not be more than 16 inches wider at the bottom than the outside diameter of the pipe or structure: If there is no interference with construction, or adjacent property, and if soil permits, the Contractor at his own expense shall be permitted to slope the side walls of the excavation starting at a point 2 feet above the top of pipe. 2. The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on bedding material at every point between joints, except where pipe slings or other lifting tackle are withdrawn. 3. Excavation Below Grade: a) Where excavation indicates that the subsurface materials at the bottom of the trench are in a loose or soft state, the Contractor' shall be advised to excavate to a depth where suitable material is encountered, as directed by the Engineer. Trenching 02324 - 3 I I I I I I I I I I I I I I I I I I I 3.5 b) Where the bottom of the trench has been excavated by mistake to a greater depth than required, the Contractor shall refill this area using approved material. No additional compensation shall be given to the Contractor. Refilling with earth to bring the bottom of the trench to the proper grade will not be permitted. 4. Excavation within 24 inches of existing utilities shall be governed by specifications of the Owner of the respective utility. The Contractor shall obtain these specifications and follow the same at no extra cost. B Trenching in Advance of Pipe Laying: The trench for the pipe lines shall not be opened for a distance of more than 200 linear feet at anyone time, unless authorized by the Engineer. Contractor shall not leave any trench open at the end of a working day, unless special conditions warrant as determined by the Engineer. If approved by Engineer, any portion of trench left open shall be covered with a steel plate or barricaded so that traffic or pedestrians cannot encounter area. . SHEETING AND BRACING A General 1. Sheeting and bracing of all excavations shall conform to the latest statutes of the State of Georgia governing safety of workers in the construction industry. When necessary, in the opinion of the Engineer or Contractor, adequate sheeting and bracing shall be installed to prevent ground movement that may cause damage or settlement to adjacent structures, pipelines and utilities. Any damage due to settlement because of failure to use sheeting or because of inadequate bracing, or through negligence or fault of the Contractor in any other manner, shall be repaired at the Contractor's expense. 2. Sides of trenches in unsuitable, loose or soft material, five feet or more in depth, shall be shored, sheeted, braced, sloped, or otherwise supported by means of sufficient strength to protect employees working within them. B Sheeting Requirements: 1. Where excavations are made with vertical sides which require supporting, . the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way injure the Work, or adjacent structures, or diminish the working space sufficiently to delay the Work. Special precautions shall be taken where there is additional pressure due to the presence of other structures. 2. It shall be the Contractor's responsibility to select sheeting and bracing of sufficient dimensions and strength to adequately support the sides of trenches and excavations. The Contractor shall submit details of the sheeting and bracing he proposes to use to the Engineer for review. 3. Timber sheeting shall conform in quality to select structural Douglas Fir lumber and shall be sound, live timber, free from sap, large checks, shakes, loose or decayed knots, worm holes, and other imperfections which may impair its strength or durability. Trenching 02324 - 4 I I I I I I I I I I I I I I I I I I I 3.7 3.8 4. In wet excavation grooved sheeting shall be used to prevent passage of soil. Any voids between sheeting and face of excavation shall be filled with suitable material rammed in place. 5. Sheeting and bracing shall be removed before the completion of the Work, unless otherwise directed in writing by the Engineer. Sheeting which is left in place shall be cut off 18 inches below the original ground surface .or as directed by the Engineer. Untreated wood. will not be allowed to be left in place. 3.6 BACKFILLING A Backfill trenches to contours and elevations with unfrozen fill materials. B Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen, or spongy subgrade surfaces. C Soil Fill Type S1: From pipe bedding elevation (top of bedding material), place and compact material in equal continuous layers as specified within the drawings. o Flowable Fill; Type S2: See heading 4.1 (Schedule) of this section.. E Employ a placement method that does not disturb or damage, utilities in trench. F Maintain optimum moisture content of fill materials to attain required compaction density. G Remove surplus fill materials from site. H Leave fill material stockpile areas completely free of excess fill materials. TOLERANCES A Top Surface of Backfilling Under Paved Areas: Plus or minus % inch from required elevations. B Top Surface of General Backfilling: Plus or minus 1 inch from required elevations. FIELD QUALITY CONTROL A Compaction testing will be performed in accordance with ASTM 0698. B If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. C Frequency of Tests: 1 test /200 I.f. /2 feet of backfill. o Provide owner with testing documentation and results. Trenching 02324 - 5 I I I I I I I I I I I I I I I I I I I 3.9 4.1 PROTECTION OF FINISHED WORK A Reshape and re-compact fills subjected to vehicular traffic during construction. SCHEDULE A Sanitary Sewer 1. Refer to Augusta Utilities Department Detail #13.20. 2. Backfill with flowable fill (fill Type S2) as noted in plans. B Storm Sewer (Pipe Trench) - Outside of Pavement Areas: 1. Prepare subgrade of trench by compacting suitable material to 95% standard proctor. Bed storm pipe as shown on detail sheet(s) of plans. 2. Cover pipe and bedding with Fill Type S1, in 6 inch lifts, compacted to 95 percent to a point 12 inches below subgrade elevation. Top 12 inches shall be native material. 3. Where storm sewer crosses under existing utility and vertical separation is less than 18" (0.0. to 0.0.), contractor shall install flowable fill material (fill Type S2) from pipe bedding elevation to subgrade elevation for a. distance of 5.0' each side of the crossing. 4. Contractor to use fill Type S2 (flowable fill) at locations noted in plans. . C Storm Sewer (Pipe Trench) - Road Crossingllnstallations at Pavement Sections: 1. Refer to details in plans and GDOT Standard 1030. o Water Main (Ductile Iron) 1. Cover pipe and bedding with Fill Type S1, in 6 inch lifts, compacted to 95 percent to a point 24 inches above the top of the water main. From this point, native material is to be compacted in 12 inch maximum lifts. Native material is to only be used at the direction of the Augusta Utility Department inspector. If native material is deemed unsuitable for backfill purposes, then contractor shall install select material (fill Type S 1), as per Section 02055, to finished grade. Where installed by open cut in paved areas, contractor to install select material in 6 inch maximum lifts, compacted to 95% standard proctor, to 12 inches below subgrade elevation. The top 12 inches is to be compacted to 100% standard proctor. END OF SECTION Trenching 02324 - 6 I I I I I I I I I I I I I I I I I I I SECTION 02512 SITE WATER DISTRIBUTION PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Pipe and fittings for water line. 2. Valves. 3. Hydrants. 4. Concrete thrust restraints. B. Related Sections: 1. Section 02060 - Aggregate: Pipe bedding. 2. Section 02324 - Trenching. 3. Section 02516 - Disinfection of Water Distribution. 4. Section 02539 - Sanitary Sewer Systems: AC Water Main Crossing. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Pipe: 1. 2. Basis of Measurement: By the linear foot. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. B. Miscellaneous Pipe Fittings: 1. Basis of Measurement: Per pound. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. C. 6" In-line Gate Valve, including Valve Box, Installed Complete, Open Left: 1. Basis of Measurement: Per each. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. D. Fire Hydrant Installed Complete, With Valve, Lead Pipe, Joint Restraint and Blocking: 1. Basis of Measurement: Per each. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. E. 6" x 6" Tapping Sleeve, Valve, Valve Box, Complete: 1. Basis of Measurement: Per each. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. F. New 1" Long side Water Service, Installed Complete, including Reconnection: 1. Basis of Measurement: Per each. Site Water Distribution 02512 - 1 I I I I I I I I I I I I I I I I I I I 1.3 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. G. New 1" Short side Water Service, Installed Complete, including Reconnection: 1. Basis of Measurement: Per each. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. H. Cut and Plug Existing Water Line; 4" Diameter: 1. Basis of Measurement: Per each. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. I. Miscellaneous Class A Concrete - Concrete Thrust Blocks: 1. Basis of Measurement: Per cubic yard. 2. Basis of Payment: Refer to Augusta Utilities Department standard bid schedule; Measurement & Payment section. REFERENCES A. Georgia Department of Transportation - Utility Accommodation Policy and Standards. B. Georgia Department of Transportation Standard Specifications for Construction of Transportation Systems. C. ASTM International: 1. ASTM 0698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN- m/m3)). D. Ductile Iron Pipe Research Association (DIPRA). E. American Water Works Association: 1. AWWA C104 - American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water. 2. AWWA C111 - American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings. 3. AWWA C151 - American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water. 4. AWWA C500 - Metal-Seated Gate Valves for Water Supply Service. 5. AWWA C502 - Dry-Barrel Fire Hydrants. 6. AWWA C504 - Rubber-Sealed Butterfly Valves. 7. AWWA C509 - Resilient-Seated Gate Valves for Water-Supply Service. 8. AWWA C600 - Installation of Ductile-Iron Water Mains and Their' Appurtenances. 9. AWWA C900 - Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. through 12 in., for Water Distribution. 10. AWWA C901 - Polyethylene (PE) Pressure Pipe and Tubing, 1/2 in. through 3 in., for Water Service. 11. ANSIIAWWA C150/A21.50-96 1996 or latest version, Site Water Distribution 02512 - 2 I I I I I I I I I I I I I I I I I I I American National Standard for Thickness Design of Ductile Iron Pipe. 12. ANSI/AWWA C115/A21.15-941994 or latest version, American National Standard for Flanged Ductile Iron Pipe with Threaded Flanges. 13. ANSIIAWWA C153-98 1998 or latest version American National Standard for Ductile Iron and Gray Iron Fittings, 3 in. through 48 inch (75 mm through 1200 mm), for water and other liquids. 14. ANSIIAWWA C503-97 1997 or latest version Wet Barrel Fire Hydrants. 15. ANSI/AWWA C507-99 1-DEC-1999 or latest version Ball Valves 6 in. through 48 in. (150 mm through 1200 mm) 16. ANSIIAWWA C508-93 1993 or latest version Swing-Check Valves for Waterworks Service, 2 in. (50mm) Through 24 in. (600mm) NPS (includes addendum C508a-93 17. ANSIIAWWA C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) 18. ANSIIAWWA C550-90 1990 or latest version Protective Epoxy Interior Coating for Valves and Hydrants 19. ANSIIAWWA C512-92 1992 or latest version Air Release, AirNacuum and Combination Air Valves for Water Works Service. F. Underwriters Laboratories Inc.: 1. UL 246 - Hydrants for Fire - Protection Service. G. Augusta Utilities Department Standard Specifications; Standard Bid Schedule, Measurement & Payment Section. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with Augusta Utility Department Standards and Specifications, latest edition. PART 2 PRODUCTS 2.1 WATER PIPING A. Ductile Iron Pipe: 1. Refer to Augusta Utilities Standards and Specifications. B. PVC Pipe: 1. Refer to Augusta Utilities Standards and Specifications. 2.2 GATE VALVES A. Manufacturers: Refer to Augusta Utility Department Standards and Specifications. Site Water Distribution 02512 - 3 I I I I I I I I I I I I I I I I I I I 2.3 HYDRANT A. Manufacturers: Refer to Augusta Utility Department Standards and Specifications. 2.4 BEDDING AND COVER MATERIALS A. Bedding: As specified in Section 02055. B. Cover: Fill Type, as specified in Section 02055. 2.5 ACCESSORIES A. Concrete for Thrust Restraints: Concrete to be Class "A' concrete, as per Georgia Department of Transportation Standard Section 500, 3000 psi. PART 3 EXECUTION 3.1 EXAMINATION A. Section 01300 - Administrative Requirements: Verification of existing conditions before starting work. B. Verify all existing utilities as to their location and invert elevation. 3.2 PREPARATION A. Cut pipe ends square, ream pipe and tube ends to full pipe diameter, remove burrs. B. Remove scale and dirt on inside and outside before assembly. C. Prepare pipe connections to equipment with flanges or unions. D. Excavate and backfill pipe trench in accordance with Section 02324. E. Form and place concrete for pipe thrust restraints at change of pipe direction. Place concrete to permit full access to pipe and pipe accessories. 3.3 INSTALLATION - PIPE A. Maintain separation of water main from sanitary sewer piping in accordance Augusta Utility Department Standards and Specifications. Construct AC water main crossing at locations shown on plans and as directed by Augusta Utilities Department Inspector. B. Install ductile iron piping and fittings to AWWA C600. C. Route pipe in straight line. D. Install pipe to allow for expansion and contraction without stressing pipe or joints. Site Water Distribution 02512 - 4 I I I I I I I I I I I I I I I I I I I 3.4 3.5 3.6 3.7 E. Install access fittings to permit disinfection of water system performed under Section 02516. F. Form and place concrete for thrust restraints at each elbow or change of direction of pipe main. Provide minimum bearing area and concrete volume as illustrated in design plans. G. Establish elevations of buried piping with not less than 4.0 ft of cover, unless otherwise noted on plans. H. Backfill trench in accordance with Section 02324. INSTALLATION - VALVES AND HYDRANTS A. Install Work in accordance with Augusta Utility Department Standards and Specifications. SERVICE CONNECTIONS A. Install water service in accordance with Augusta Utility Department Standards and Specifications. B. Install water service to existing meter. Connect new service line to existing meter. DISINFECTION OF DOMESTIC WATER PIPING SYSTEM A. Flush and disinfect 'system in accordance with Section 02516. FI ELD QUALITY CONTROL A. Perform pressure test on domestic site water distribution system in accordance with Augusta Utility Department Standards and Specifications B. Compaction Testing for Bedding: In accordance with ASTM 0698. C. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. D. Frequency of Compaction Tests: 1 test per 24" backfill depth per 200 linear feet of pipe installed. END OF SECTION Site Water Distribution 02512 - 5 I I I I I I I I I I I I I I I I I I I SECTION 02516 DISINFECTION OF WATER DISTRIBUTION PART 1 GENERAL 1.1 SUMMARY A. Section includes disinfection of potable water distribution system; and testing and reporting results. B. Related Sections: 1. Section 02512 - Site Water Distribution. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Disinfection: 1. Basis of Measurement: No separate measurement. 2. Basis of Payment: No separate payment. 1.3 REFERENCES A. Augusta Utility Department Standards and Specifications 1.4 SUBMITTALS A. Product Data: Submit procedures, proposed chemicals, andtreatment levels for review. B. Test Reports: Indicate results comparative to specified requirements. 1.5 CLOSEOUT SUBMITTALS A. Disinfection Report: 1. Type and form of disinfectant used. 2. Date and time of disinfectant injection start and time of completion. 3. Test locations. 4. Name of person collecting samples. 5. Initial and 24 hour disinfectant residuals in treated water in ppm for each outlet tested. 6. Date and time of flushing start and completion. 7. Disinfectant residual after flushing in ppm for each outlet tested. B. Bacteriological Report: 1. Date issued, project name, and testing laboratory name, address, and telephone number. 2. Time and date of water sample collection. 3. Name of person collecting samples. Disinfection of Water Distribution 02516 - 1 I I. I I I I I I I I I I I '1 I I I I I 4. Test locations. 5. Initial and 24 hour disinfectant residuals in ppm for each outlet tested. 6. Coliform bacteria test results for each outlet tested. 7. Certify water conforms, or fails to conform, to bacterial standards of Augusta Utility Department. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with Augusta Utility Department Standards and Specifications. 1.7 QUALIFICATIONS A. Water Treatment Firm: Company specializing in disinfecting potable water systems specified in this section with minimum three years experience. B. Testing Firm: Company specializing in testing potable water systems, approved by Augusta Utility Department.. C. Submit bacteriologist's signature and authority associated with testing. PART 2 PRODUCTS 2.1 DISINFECTION CHEMICALS A. Chemicals: Refer to Augusta Utility Department Standards and Specifications. PART 3 EXECUTION 3.1 EXAMINATION A. Verify piping system has been cleaned, inspected, and pressure tested. B. Perform scheduling and disinfecting activity with start-up, water pressure testing, adjusting and balancing, demonstration procedures, including coordination with related systems. 3.2 INSTALLATION A. Perform disinfection of water distribution system and installation of system and pressure testing. All work to be in accordance with Augusta Utility Department Standards and Specifications. END OF SECTION Disinfection of Water Distribution 02516 - 2 I I 1 I I I I I I I I I I I I, I I I I SECTION 02539 SANITARY SEWAGE SYSTEMS 1 GENERAL 1.1 SUMMARY A Section includes sanitary sewerage drainage piping, fittings, accessories, bedding and connection of sanitary drainage system to existing sewers. B Related Sections 1. Section 02060 - Aggregate: Pipe Bedding. 2. Section 02324 - Trenching. 3. Section 02633SS - Sanitary Manholes, Frames, and Covers. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Sanitary Sewer Pipe; Depths vary, refer to Bid Schedule; PVC or DIP: 1. Basis of Measurement: Per linear foot for each depth classification. 2. Basis of Payment: As per Augusta Utilities Department, Standard Specifications, Measurement & Payment Section. B. 6" Sanitary Sewer Service - Complete: 1. Basis of Measurement: Per Each. 2. Basis of Payment: As per Augusta Utilities Department, Standard Specifications, Measurement & Payment Section . C. AC Water Main Crossing: 1 Basis of Measurement: Per Each . 2. Basis of Payment: As per Augusta Utilities Department, Standard Specifications, Measurement & Payment Section. 1.3 REFERENCES A ANSI/ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.5 Ib Rammer and 12 inch Drop. B ANSIIASTM 02321 - Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. C ANSIIASTM 03034 - Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings. o ASTM 02922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). E ASTM 03017 - Test Methods for Moisture Content of Soil and Soil-Aggregate Mixtures. Sanitary Sewage Systems 02539 - 1 I 1 I I I I I I I I I I I I I I I I I F ASTM F477 - Rubber Gaskets for Polyvinyl Chloride (PVC) pipe. G ASTM A746 - Ductile Iron Gravity Sewer pipe. H ANSIIA21.11 - Push-out Joints. 1.4 DEFINITIONS A Bedding: Fill placed under and beside the pipe; prior to subsequent backfill operations. 1.5 FIELD MEASUREMENTS A Verify that field measurements and elevations are as indicated. 1.6 COORDINATION A Coordinate the Work with termination of sanitary sewer connection outside building, connection to existing service tie in, and trenching. 2 PRODUCTS 2.1 SEWER PIPE MATERIALS A Plastic Pipe: ANSIIASTM 03034, Type SDR35, Poly(Vinyl Chloride) (PVC) material; inside nominal diameter of 8 inches, bell and spigot style with rubber gasket (ASTM F477). B Ductile Iron Pipe: Conforming to AWWA C151/ANSI A21.51, Class 350, inside nominal diameter of 8 inches, bell and spigot style with push-on joints conforming to ANSI A21.11. 2.2 BEDDING MATERIALS A Bedding: As per Augusta Utilities Department Standard Specifications. 3 EXECUTION 3.1 EXAMINATION A Verify that trench cut is ready to receive work and excavations, dimensions, and elevations are as indicated on drawings. 3.2 PREPARATION A Correct over excavation with coarse aggregate, as specified in Section 02060. Sanitary Sewage Systems 02539 - 2 I I I 1 I I I I I I I I I I I I I I I I 3.4 3.5 B Remove large stones or other hard matter which could damage pipe or impede consistent backfilling or compaction. 3.3 BEDDING A Excavate pipe trench in accordance with Section 02324 for Work of this section. Hand trim excavation for accurate placement of pipe to elevations indicated. B Place bedding material at trench bottom, according to Augusta Utilities Department Standards and Specifications . C Maintain optimum moisture content of bedding material to attain required compaction density. INSTALLATION - PIPE A Install pipe, fittings, and accessories in accordance with ASTM 02321 and Augusta Utilities Department Standards and Specifications. Seal joints watertight. B Lay pipe to slope gradients noted on drawings; with maximum variation from true slope of 1/8 inch in 10 feet. C Install bedding as per Augusta Utilities Department Standards and Specifications. Install backfill, as per Section 02324 - Trenching. o Refer to Section 02324 for trenching requirements. Do not displace or damage pipe when compacting. E Refer to Section 02633 for manhole requirements. F Install sanitary sewer services at each existing residence and at locations determined by Augusta Utilities Department representative. FIELD QUALITY CONTROL A Request inspection prior to and immediately after placing bedding. B Compaction testing will be performed in accordance with ASTM 0698. C If tests indicate Work does not meet specified requirements, remove Work, replace and retest at no cost to Owner. o Frequency of Tests: 1 test 1100 I.f. trench 12 feet of backfill. E Infiltration Test: As per Augusta Utilities Department Standards and Specifications. Sanitary Sewage Systems 02539 - 3 I I I I I I I I I I I I I I I I I I I SECTION 02630 STORM DRAINAGE PART 1 GENERAL 1.1 SUMMARY A. Section includes site storm sewerage drainage piping, fittings and accessories, and bedding; connection of drainage system to existing sewers. B. Related Sections: 'C"._- ,<.- -,,- 1. Section 02633 - Storm Sewer Drainage Structures. 1.2 UNIT PRICE - BASIS OF MEASUREMENT A. Pipe and Fittings: 1. Basis of Measurement: To be included in lump sum construction item. 2. Basis of Payment: Includes hand trimming, excavating, bedding, pipe and fittings, connecting to building service piping and to municipal sewer, backfill material and compaction. 1.3 REFERENCES A. ASTMC76 - Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. B. ASTM C443 - Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. C. ASTM C564 - Rubber Gaskets for Cast Iron Soil Pipe and Fittings. D. ASTM C924 - Practice for Testing Concrete Pipe Sewer Lines by Low-Pressure Air Test Method. E. ASTM C969 - Practice for Infiltration and Exfiltration Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines. F. ASTM C1103 - Practice for Joint Acceptance Testing of Installed Precast Pipe Sewer Lines. G. ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.51b Rammer and 12 inch Drop. H. ASTM 01557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10 Ib Rammer and 18 inch Drop. I. ASTM 02922 - Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). Storm Drainage 02630 - 1 I I I I I I I I I I I I I I I I I I I J. ASTM 03017 - Test Method for Moisture Content of Soil and Soil-Aggregate Mixtures. 1.4 CLOSEOUT SUBMITTALS A. Project Record Documents: 1. Accurately record actual locations of pipe runs, connections, drainage structures, and invert elevations. 2. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. PART 2 PRODUCTS 2.1 MATERIALS A. Sewer Pipe Materials: 1. Reinforced Concrete Pipe: ASTM C76, Class III 2. Reinforced Concrete Pipe Joint Device: ASTM C443, rubber compression gasket. 2.2 ACCESSORIES A. Grout: Conforming to Georgia Department of Transportation Standard Specification, Section 834.03. 2.3 BEDDING AND COVER MATERIALS A. Bedding: Fill Type S1 as specified in Section 02055. B. Bedding: Fill Type A 1 as specified in Section 02060. C. Cover: Fill Type S1 as specified in Section 02055, unless other materials (e.g., flowable fill) are proposed in plan view. PART 3 EXECUTION 3.1 EXAMINATION A. Verify trench cut is ready to receive work and excavations, dimensions, and elevations are as indicated on drawings. 3.2 PREPARATION A. Hand trim excavations to required elevations. Correct over excavation with fill Type A 1 compacted to 95% standard proctor. Storm Drainage 02630 - 2 I I I I I I I I I I I I I I I I I I I B. Remove large stones or other hard matter which could damage piping or impede consistent backfilling or compaction. 3.3 BEDDING A. Excavate pipe trench in accordance with Section 02324 for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. B. Maintain optimum moisture content of bedding material to attain required compaction density. C. Bed pipe as noted in details provided in plans. 3.4 INSTALLATION - PIPE A. Install pipe, fittings, and accessories in accordance with Georgia Department of Transportation Standards and details provided in plans. · B. Lay pipe to slope gradients noted on drawings with maximum variation from indicated slope of 1/8 inch in 10 feet. C. "Hand work" material in haunch areas. D. Refer to Section 02324 for backfilling and compacting requirements. Do not displace or damage pipe when compacting. 3.5 INSTALLATION - DRAINAGE STRUCTURES A. Flared End Section: Flared end section shall be as per Georgia Department of Transportation Standard 1120. B. Headwall: Headwall shall be as per Georgia Department of Transportation Standard 1125 (Outlet Headwall). C. Storm Manhole: Storm manhole shall be as per Georgia Department of Transportation Standard 1011A. D. Drop.lnlet: Drop inlet shall be as per Georgia Department of Transportation Standard 1 019A precast. E. Junction Box: Junction box shall be as per Georgia Department of Transportation Standard 9031J. F. Catch Basin: Catch Basin shall be as per Georgia Department of Transportation Standards 10330/10340. G. Establish elevations and pipe inverts for inlets and outlets as indicated on Drawings. Storm Drainage 02630 - 3 I I I I 1 I I I I I I I I I I I I I I 3.6 3.7 H. Mount lid and frame level in grout, secured to top cone section to elevation indicated. FIELD QUALITY CONTROL A. Compaction Testing: In accordance with ASTM 0698 to density specified within drawings and Section 02324. B. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. C. Infiltration Test: Test in accordance with Georgia Department of Transportation Standards or manufacturers specifications. D. Deflection Test: Test in accordance with Georgia Department of Transportation Standards or manufacturers specifications. PROTECTION OF FINISHED WORK A. Protect pipe and aggregate cover from damage or displacement until backfilling operation is in progress. 1. Take care not to damage or displace installed pipe and joints during construction of pipe supports, backfilling, testing, and other operations. 2. Repair or replace pipe that is damaged or displaced from construction operations. END OF SECTION Storm Drainage 02630 - 4 I 1 I I 1 I I I I I I I I I I I I I 1 SECTION 02633 STORM SEWER DRAINAGE STRUCTURES PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Storm Sewer drainage structures. B. Related Sections: 1. Section 02630 - Storm Drainage. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Flared End Section/Drop Inlet/Storm Sewer Manhole/Junction Box/Headwall: 1. Basis of Measurement: To be included in the lump sum construction item. 2. Basis of Payment: Includes construction, installation, excavating, forming and sealing pipe inlets and outlets and backfilling and compacting around structure to subgrade elevation. 1.3 REFERENCES A. ACI (American Concrete Institute) 318 - Building Code Requirements for Reinforced Concrete. B. ACI (American Concrete Institute) 530 - Building Code Requirements for Masonry Structures. C. ASTM C497 - Test Method for Concrete Pipe, Manhole Sections, or Tile. D. ASTM C913 - Precast Concrete Water and Wastewater Structures. E. ASTM C923 - Resilient Connectors Between Reinforced Concrete Manhole Structures and Pipes. F. Georgia Department of Transportation Standards and Specifications. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standards and Specifications and as indicated on construction drawings. 1.5 DELIVERY, STORAGE AND HANDLING A. Comply with precast concrete manufacturer's instructions for unloading, storing and moving precast drainage structures. Storm Sewer Drainage Structures 02633 - 1 I I I I I I I I I I I I I I I I I I 1 B. Store precast drainage structures to prevent damage to Owner's property or other public or private property. Repair property damaged from materials storage. C. Mark each precast structure by indentation or waterproof paint showing date of manufacture, manufacturer, and identifying symbols and numbers shown on Drawings to indicate its intended use. PART 2 PRODUCTS Note Used PART 3 EXECUTION 3.1 EXAMINATION A. Verify items provided by other sections of Work are properly sized and located. B. Verify built-in items are in proper location, and ready for roughing into Work. C. Verify excavation for manholes is correct. 3.2 PREPARATION A. Coordinate placement of inlet and outlet pipe or duct sleeves required by other sections. B. Do not install structures where site conditions induce loads exceeding structural capacity of structures. C. Inspect precast concrete structures immediately prior to placement in excavation to verify structures are internally clean and free from damage. Remove and replace damaged units. 3.3 INSTALLATION A. Excavation and Backfill: 1. When groundwater is encountered, prevent accumulation of water in excavations. Place drainage structures in dry trench. 2. Where possibility exists of watertight structure becoming buoyant in flooded excavation, anchor structure to avoid flotation. 3. Assure structure is constructed on a prepared subgrade, compacted to 95 percent standard proctor. 3.4 INSTALLATION - DRAINAGE STRUCTURES A. Flared End Section: Flared end section shall be RCP and meet Georgia Department of Transportation Standard 1120. Storm Sewer Drainage Structures 02633 - 2 I I I I I I I I I I I I I I I I I I I 3.5 3.6 B. Storm Sewer Manhole: Storm sewer manhole shall meet Georgia Department of Transportation Standard 1 011A - Precast. C. Drop Inlet: Drop inlet shall meet Georgia Department of Transportation Standard 1 019A - Precast as shown on specific detail sheets. D. Headwall: Headwall shall meet Georgia Department of Transportation Standard 1125 (with out baffles). E. Junction Box: Junction box shall meet Georgia Department of Transportation Standard 9031J and as shown on specific detail sheets. F. Catch Basin - (Double Wing Trap 1 Single Wing Trap) - Catch basin shall meet Georgia Department of Transportation Standards 10330/10340 (Precast) - note brick may be used if approved by Engineer prior to construction. G. Form bottom of excavation clean and smooth to correct elevation. H. Establish elevations and pipe inverts for inlets and outlets-as indicated on Drawings. FIELD QUALITY CONTROL A. Compaction Testing: In accordance with ASTM 0698 to density specified in Section 02324. B. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. PROTECTION OF FINISHED WORK A. Protect pipe and cover from damage or displacement until backfilling operation is in progress. 1. Take care not to damage or displace installed pipe and joints during construction of pipe supports, backfilling, testing, and other operations. 2. Repair and replace pipe that is damaged or displaced from construction operations. END OF SECTION Storm Sewer Drainage Structures 02633 - 3 I I I I I I I I I I I I I I I I I I I SECTION 02633SS SANITARY MANHOLES, FRAMES, AND COVERS 1 GENERAL 1.1 SUMMARY A Section Includes: 1. Sanitary sewer manholes and accessories. B Related Sections: 1. Section 02324 - Trenching. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Sanitary Sewer Manhole (Type 1), Depth 0'-6' (48"0)): 1. Basis of Measurement: Per Each. 2. Basis of Payment: As per Augusta Utilities Department; Standard Specifications, Measurement & Payment Section. B. Additional Sanitary Manhole Depth, Type 1 Depth, Classes 1-3: 1. Basis of Measurement: Per Vertical Foot. 2. Basis of Payment: As per Augusta Utilities Department; Standard Specifications, Measurement & Payment Section. C. Outside Drop Piping - Complete: 1. Basis of Measurement: Per Each. 2. Basis of Payment: As per Augusta Utilities Department; Standard Specifications, Measurement & Payment Section. D. 6" Sanitary Sewer Service - Complete: 1. Basis of Measurement: Per Each. 2. Basis of Payment: As per Augusta Utilities Department; Standard Specifications, Measurement & Payment Section. E. AC Water Main Crossing: 1. Basis of Measurement: Per Each. 2. Basis of Payment: As per Augusta Utilities Department; Standard Specifications, Measurement & Payment Section. 1.3 REFERENCES A ACI (American Concrete Institute) 530 - Building Code Requirements for Masonry Structures. B ASTM A48 - Gray Iron Castings. Sanitary Manhole Frames, and Covers 02633SS - 1 I I I I I I I I I I I I I I I I I I I C ASTM A536 - Ductile Iron Castings. o ASTM C39 - Test Method for Compressive Strength of cylindrical Concrete Specimens. E ASTM C62 - Building Brick (Solid Masonry Units Made from Clay or Shale). F Georgia Department of Transportation Standard Specifications for Transportation Systems, 2001 Edition. G Augusta Utilities Department Standards and Specifications. 1.4 QUALITY ASSURANCE A Perform Work in accordance with plans and specifications. 2 PRODUCTS 2.1 MANHOLES, FRAMES, AND COVERS A Refer to Augusta Utilities Standards & Specifications and details in construction plans. B Mortar and Grout: Conform to Georgia Department of Transportation Standard Section 834.03 Mortar and Grout. 2.2 COMPONENTS A Sanitary Manhole Construction: Conforming to Augusta Utilities Department S Standards, detail #13.05. 3 EXECUTION 3.1 EXAMINATION A Verify items provided by other sections of Work are properly sized and located. B Verify that built-in items are in proper location, and ready for roughing into Work. C Verify excavation for manholes is correct. 3.2 PREPARATION A Coordinate placement of inlet and outlet pipe or duct sleeves as required. Sanitary Manhole Frames, and Covers 02633SS - 2 I I I I I I I I I I I I I I I I I I I 3.3 B Do not install structures under site conditions known to result in loads heavier than that for which the structure was designed. INSTALLATION A Excavation and Backfill: 1. Excavate for manholes and drainage structures in accordance with Section 02324 in the location and to depth shown. Provide clearance around the sidewalls of the structure as required for construction. 2. If groundwater is encountered, prevent accumulation of water in excavations. Place manholes or drainage structures in a dry trench. 3. Where the possibility exists of a watertight structure becoming buoyant in a flooded excavation, take necessary steps to avoid flotation of the structure. END OF SECTION Sanitary Manhole Frames, and Covers 02633SS - 3 I I I I 1 I I I I I I I I I I I I I I SECTION 02721 AGGREGATE BASE COURSE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate base course for placement under asphalt at roadway patches and at gravel roads. B. Related Sections: 1. Section 02740 - Flexible Pavement Structures 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Graded Aggregate Base Course (as base course for roadway patch): 1. Basis of Measurement: No separate measurement. 2. Basis of Payment: No separate payment. B. 8" Thick Graded Aggregate Surface Course (gravel road): 1. Basis of Measurement: Includes all work and materials necessary to reconstruct road, including compaction. 2. Basis of Payment: Per square yard. 1.3 REFERENCES A. MSHTO T180 (American Association of State Highway and Transportation Officials) - Moisture-Density Relations of Soils Using a 10-lb Rammer and an 18- in. Drop. B. ASTM 0698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)). C. ASTM 01557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10 Ib Rammer and an 18 inch Drop. D. ASTM 02167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM 02922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM 03017 - Test Methods for Moisture Content of Soil and Soil-Aggregate Mixtures. Aggregate Sase Course 02721 - 1 I I 1 I I I I I I I I I I I I I 1 I I PART 2 PRODUCTS 2.1 MATERIALS A. Graded Aggregate Base Course shall be as specified with Georgia Department of Transportation Standard Specifications, Section 310. PART 3 EXECUTION 3.1 EXAMINATION A. Verify substrate has been inspected, gradients and elevations are correct and is dry. 3.2 PREPARATION A. Correct irregularities in substrate gradient and elevation by scarifying, reshaping and re-compacting. B. Do not place fill on soft, muddy or frozen surfaces. 3.3 AGGREGATE PLACEMENT A. Spread aggregate over prepared subgrade to a total compacted thickness of 8 inches for roadway patches. B. For gravel road reconstruction, place aggregate over prepared subgrade to a total compacted thickness of 8 inches. C. Place aggregate in maximum 4 inch layers and compact to specified density. D. Level and contour surfaces to elevations and gradients indicated. E. Add small quantities of fine aggregate to coarse aggregate as appropriate to assist compaction. F. Add water to assist compaction. If excess water is apparent, remove aggregate and aerate to reduce moisture content. G. Use mechanical tamping equipment in areas inaccessible to compaction equipment. 3.4 TOLERANCES A. Tolerances shall be as specified within Georgia Department of Transportation Standard, Section 310. 3.5 FIELD QUALITY CONTROL A. Compaction testing will be performed in accordance with ASTM 0698 (standard proctor) and ASTM 01557 (modified proctor). Aggregate Base Course 02721 - 2 I 1 1 I I I I I I I I I I I I I 1 I I 3.6 B. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. SCHEDULES A. Under Asphalt Pavement (Roadway Patch): 1. Compact graded aggregate base in 4 inch maximum lifts to 100% modified proctor. B. Gravel Road Reconstruction: 1. Compact graded aggregate base in 4 inch maximum lifts to 95% modified proctor. END OF SECTION Aggregate Base Course 02721 - 3 I 1 1 I I I I I I I I I I I I I 1 I I SECTION 02740 FLEXIBLE PAVEMENT STRUCTURES PART 1 GENERAL 1.1 SUMMARY A Section includes asphaltic concrete paving and paint striping for roadway patches and asphalt driveways. B Related Sections: 1. Section 02721 - Aggregate Base Course 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Asphalt Overlay, (12.5 mm Superpave); 1.5" TK: 1. Basis of Measurement: Per Square Yard. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement & Payment Section. B. Roadway Patch (Graded Aggregate Base, 10.5" TK, 7' Wide and Asphalt Patch 2.5" TK) including Removal of 2.5" Graded Aggregate Base and Placement of Bituminous Tack Coat.: 1. Basis of Measurement: Per Square Yard. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement & Payment Section C. Asphalt Pavement Leveling: 1. Basis of Measurement: Per Ton. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement & Payment Section D. Milling, 0" - 2": 1. Basis of Measurement: Per Square Yard. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement & Payment Section. E. 2" Asphalt Pavement Driveway Replacement: 1. Basis of Measurement: Per Square Yard. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement & Payment Section 1.3 REFERENCES A. Georgia Department of Transportation Standard Specifications - Construction of Roads and Bridges. B. Augusta Utilities Department Standards and Specifications, latest edition. Flexible Pavement Structures 02740 - 1 I I I I I I I I I I I I I I I I I I I 1.4 SUBMITTALS Product Data: Submit product information and mix design. 1.5 QUALITY ASSURANCE 1. Perform Work in accordance with Georgia Department of Transportation standards. 2. Mixing Plant: Conform to Georgia Department of Transportation standards. 3. Obtain materials from same source throughout. 4. Maintain one copy of each document on site. PART 2 PRODUCTS 2.1 MATERIALS A. Asphalt Cement: In accordance with Georgia Department of Transportation Standard Specifications Section 400 - Hot Mix Asphaltic Concrete Construction, Section 820.01 - Asphalt Cement, and associated sections. B. Aggregate for Wearing Course Mix: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.02 and 802.03. C. Fine Aggregate: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.01 and 802.03. D. Mineral Filler: In accordance with Georgia Department of Transportation Standard Specifications Sections 883.01. E. Bituminous Prime Coat (as necessary): In accordance with Georgia Department of Transportation Standard Specifications Section 412 - Bituminous Prime Coat. F. Bituminous Tack Coat: In accordance with Georgia Department of Transportation Standard Specifications Section 413 - Bituminous Tack Coat. G. Paint Striping: In accordance with Georgia Department of Transportation Standard Specification.. Section 652 - Paint Traffic Strip. 2.2 ASPHALT PAVING MIX A Use dry material to avoid foaming. Mix uniformly. B Binder Course: 19mm Asphalt (2.5" TK) - in accordance with Georgia Department of Transportation Standard Specifications Section 400. Flexible Pavement Structures 02740 - 2 I I 1 I I I I I I I I I I I I I I I I C Surface Course: 12.5mm superpave asphalt - in accordance with Georgia Department of Transportation Standard Specifications Section 400. 2.3 SOURCE QUALITY CONTROL AND TESTS A. Submit proposed mix design of each class of mix for review prior to beginning of Work. B. All asphalt compaction testing will be as per Georgia Department of Transportation Standard Specifications. C Frequency of Compaction Tests: One (1) test per 300 linear fee of road cuUpatch, at locations directed by Augusta Utilities Department representative. Provide compaction reports to Engineer. PART 3 EXECUTION 3.1 EXAMINATION A Verify gradients and elevations of base are correct. 3.2 Mill Asphalt Pavement (Variable Depth) A Milling limits and depths to be determined by Augusta Utilities Department representative prior to pavement removal or overlay. B Refer to Georgia Department of Transportation Standard Section 432 - Mill Asphaltic Concrete Pavement. 3.3 PREPARATION - TACK COAT A Apply tack coat in accordance with Georgia Department of Transportation Standard, Section 413. B Application rate of tack coat: 0.05 gal/sy. 3.4 PLACING ASPHALT PAVEMENT A Install Work in accordance with Georgia Department of Transportation standards. B Place to compacted thickness identified in schedule at end of section. C Compact pavement by rolling to specified density. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. Flexible Pavement Structures 02740 - 3 I 1 I I I I I I I I I I I I I I I I I o Perform rolling with consecutive passes to achieve even and smooth finish without roller marks. E Assure smooth transition from new pavement surface to existing pavement surface. 3.5 PAINT STRIPING A Contractor is responsible for replacing all paint striping in kind, as required. ' B Install Work in accordance with Georgia Department of Transportation Standard Section 652. Replace all disturbed paint striping in kind in accordance with Georgia Department of Transportation standards. C Contractor shall not install traffic striping that contains lead. 3.6 TOLERANCES A All tolerances to conform to Georgia Department of Transportation Standard Specifications Section 400 and associated sections. 3.7 PROTECTION OF FINISHED WORK A Immediately after placement, protect pavement from mechanical injury for 24 hours or until surface temperature is less than 140 degrees F; 3.8 SCHEDULES A Asphalt Pavement (Binder Course, 19mm): Install 2 1/2" thick. Asphalt to be installed on roadway patch (graded aggregate base, 10.5" TK, 7' wide and asphalt patch 2.5" TK, including removal of 2.5" graded aggregate base and placement of bituminous tack coat): Refer to Augusta Utilities Department 'Road Cut' detail. B Asphalt Overlay(Surface Course - 12.5mm): 1.5" thick asphalt course to be compacted to 97% maximum density as determined by Georgia Department of Transportation Standards. Tack coat area to be paved prior to placing surface course overlay to limits noted on plans. C Asphalt Pavement (Driveway Reconstruction): 2.0" thick asphalt course to be compacted to 97% maximum density as determined by Georgia Department of Transportation Standards. o Asphalt Leveling (Depth Varies - 12.5mm): Leveling will be required at locations determined by Augusta Utilities Department representative during the course of the project. Leveling to be compacted to 97% maximum density immediately after placement. Flexible Pavement Structures 02740 - 4 I I I I I I I I I I I I I I I I I I I SECTION 02750 CONCRETE CONSTRUCTION PART 1 GENERAL 1.1 SUMMARY A. Section includes concrete sidewalks, driveways and curb and gutter. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. 4" Thick Concrete Sidewalk, 3,000 psi mix: 1. Basis of Measurement: Per Square Yard 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement and Payment Section. B. 6" TK Concrete Driveway Replacement, Replace In-kind, 3,000 psimix: 1. Basis of Measurement: Per Square Yard 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement and Payment Section. C. 24" Concrete Curb and Gutter Removal and Replacement (As appropriate and necessary): 1. Basis of Measurement: Per linear foot. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement and Payment Section. 1.3 REFERENCES A. ACI 304 (American Concrete Institute) - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. B. ASTM C33 - Concrete Aggregates. C. ASTM C94 - Ready Mix Concrete. D. ASTM C150 - Portland Cement E. ASTM C260 - Air-Entraining Admixtures for Concrete. F. ASTM C309 - Liquid Membrane-Forming Compounds for Curing Concrete. G. ASTM C494 - Chemical Admixtures for Concrete. H. ASTM 01751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. I. ASTM 01752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. Concrete Construction 02750 - 1 I I 1 I I I I I I I I I I I I I I I I J. Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges. K. Augusta Utilities Department Standard Specifications, latest edition. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications Section 441 and 500 and as specified on drawings. PART 2 PRODUCTS 2.1 FORM MATERIALS A. Form Materials: As specified in Georgia Department of Transportation Standard Specifications, Section 500. 2.2 CONCRETE MATERIALS A. Concrete sidewalk shall be installed as indicated on plans with materials in accordance with Augusta Utilities Department Standards and Specifications. B. Concrete driveways shall be constructed as indicated on plans with materials in accordance with Augusta Utilities Department Standards and Specifications. 2.3 CONCRETE MIX A. Mix and deliver concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 44 f'& 500. PART 3 EXECUTION 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support paving and imposed loads. B. Verify gradients and elevations of base are correct. 3.2 PREPARATION A. Compact top 12" of existing subgrade to 100% Standard Proctor. Undercut and replace unsuitable areas as noted in details on construction plans. Moisten base to minimize absorption of water from fresh concrete. 3.3 FORMING A. Forms shall be assembled, placed and maintained as per Georgia Department of Transportation Standard Specifications, Sections 441 and 500. Concrete Construction 02750 - 2 I I I I I I I I I I I I I I 1 I I I I 3.5 3.6 3.7 3.4 PLACING CONCRETE A. Place concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. JOINTS A. Place joints in accordance with Georgia Department of Transportation Standard Specifications, Section 441. FINISHING A. Concrete shall be finished in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. B. Do not permit pedestrian or vehicular traffic over pavement for 7 days minimum after finishing. END OF SECTION Concrete Construction 02750 - 3 I I I I I I I I I I I I I" I I 1 I I I SECTION 02760 FLOWABLE FILL MATERIAL PART 1 GENERAL 1.1 SUMMARY A Section includes the basic requirements for furnishing and placing flowable fill (controlled low strength material). B Related Sections: 1. Section 02750 - Concrete Construction. 1.2 REFERENCES A Georgia Department of Transportation Standard Specifications for the Construction of Transportation Systems, 2001 Editions. B Augusta Utilities Department Standard Specifications, latest edition. 1.3 UNIT PRICE - MEASUREMENT AND PAYMENT 1. Basis of Measurement: Per Cubic Yard. 2. Basis of Payment: Refer to Augusta Utilities Department Standard Specifications, Measurement and Payment Section. 2 PRODUCTS 2.1 MATERIALS A All materials used in the production of flowable fill shall be in compliance with Georgia Department of Transportation Standard Specifications. B Concrete mix refer to mix on sheet 02760-3: PART 3 EXECUTION 3.1 EXAMINATION A Verify utility lines are installed to correct line and grade. Assure subgrade is properly compacted. 3.2 PLACING CONCRETE A Discharge flowable fill directly from the truck into the area to be filled. Flowable Fill Material 02760 - 1 I I I I I I I I I I I I I I I I I I I 3.3 3.4 FINISHING A Finish with a square shovel. PROTECTION A Material will self-consolidate. Flowable fill displaces any extra water not needed for maximum density. Make any provisions necessary for this "bleed water" to run-off and away from the surface of hardened fill. END OF SECTION Flowable Fill Material 02760 - 2 I OS/20/2005 13:21 I I I I I I I DATE: CUSTOMER: PROJECT: MIX PSI: MIX CODE: USE: Cement Fly Ash Fine Agg. Coarse Agg. Coarse Agg. Water Air Content Water Reducer Admixture Air Entraining Admixture Set Retarding Admixture Su er lasticizer I I I I 1 1 I I I I I n Water/Cement Ratio Sand Aggregate Ratio Unit Weight Slump Range Air Range Max. Agg. Size 7058211708 COUHTY ENGINEERING February 5, 2002 Augusta - Richmond County Flowable Fill Seminar 50 PSI CLSM test mix CLSM Load #2 ASTM C-150 ASTM C-6i8 ASTM C-33 ASTM C-33 ASTM C-33 ASTM C-94 ASTM C-494 ASTM C-260 ASTM C-494 ASTM C-494 PAGE 01/01 ~i~rl!j:!:i:!;ill;iii!i!ij!ilij;:!i!llli:j;II:!;ilil;liii!j!fiii:;ilf!;:I;!!:i;l:i!:ii!ill,iilt~i;i LAFARGE/BLUE CIRCLI SEFA GROUP CSR AGGREGATES CSR AGGREGATES CSR AGGREGATES W R GRACE W R GRACE W R GRACE W R GRACE Type I Class F #33 #57 . #8 WRDA 35 Darex II Oaratard 17 Adva 140 50 150 2746 o o 300 15.00% 0.0 oz 0.0 oz 0.0 oz 0.0 oz 1.50 1.00 120.22 Ibs/ft3 N/A inches 10-20 Percent #33 NOTE: 1. To insure the proper approved Mix Design is shipped to your project please order by Mix Code Number. I 2. The proposed Mix Design will meet the stated strength when test specimens are manu- factured and tested in accordance with current ASTM standards and evaluated per ACI recommended standards and practices. I 3. Cement content is stated as a minimum and LaFarge/Blue Circle Materials reselVes the right to increase cement content. I 4. LaFarge/Blue Circle Materials is not liable for delamination problems caused from the use of air-entrained mixes in interior troweled slabs.1 5. Admixture dosages will vary due to changes in c'oncrete temperatures and weather conditions. . I 0.25 1.09 16.80 0.00 0.00 4.81 4.05 (:"i:27:ptt I 1 I I I I I I I I I I I I I I I I I SECTION 02822 FENCE REMOVAL AND REPLACEMENT, NEW, REPLACED IN-KIND PART 1 GENERAL 1.1 SUMMARY A. Section all materials, labor and equipment for fence removal and replacement, new, in-kind. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Fencing (All Sizes & Types, Replaced In-kind): 1. Basis of Measurement: Per Linear Foot. 2. Basis of Payment: Refer to Augusta Utilities Department Standards and Specifications, Measurement and Payment Section. 1.3 REFERENCES A. Augusta Utilities Department Standard Specifications, Latest Edition. B. Georgia Department of Transportation Standards and Specifications. 1.4 SUBMITTALS A. Product Data: Submit data on fabric, posts, accessories, fittings and hardware. B. Manufacturer's Installation Instructions: Submit installation requirements for fence and gate posts, fabrics, gates, and accessories. 1.5 QUALITY ASSURANCE A. Perform installation in accordance with Augusta Utilities Department and Georgia Department of Transportation Standards and Specifications. PART 2 PRODUCTS 2.1 MATERIALS AND COMPONENTS A. Removed fencing shall be replaced with new materials, as necessary, using materials of like quality (i.e. chain-link for chain-link, wood for wood, etc). Fence Removal and Replacement, New, Replaced In-Kind 02822 -1 I I I I I I I I I I I I I I I I I I I SECTION 02924 GRASSING AND MULCHING PART 1 GENERAL 1.1 SUMMARY A. Section includes preparation of subsoil; hydroseeding; mulching; fertilizer; and maintenance. B. Related Sections: 1. Section 02311 - Grading. 2. Section 02324 - Trenching. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Grassing and mulching to be paid for within lump sum construction bid item. .1.3 DEFINITIONS A. Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.4 MAINTENANCE SERVICE A. Maintain seeded areas immediately after placement until grass is well established, as defined by land disturbance (NPDES, etc.) statues and the Manual for Erosion & Sediment Control in Georgia, and exhibits vigorous growing condition. B. Maintain mulched area as to assure all disturbed areas are completely covered with mulch. 1.5 REFERENCES A Georgia Department of Transportation Standards and Specifications. B . Manual of Erosion and Sediment Control in Georgia. PART 2 PRODUCTS 2.1 TEMPORARY SEED MIXTURE A Seed Mixture: 1 See seed mixture shown on Soil Erosion Control Detail sheet. Grassing & Mulching 02924 - 1 I I I I I I I I I I I I I I I I I I I 2.2 ACCESSORIES A Fertilizer: Recommended for grass; of proportion necessary to eliminate any deficiencies of topsoil to the following proportions: Nitrogen 10 percent, phosphoric acid 10 percent, soluble potash 20 percent. B Water: Clean, fresh and free of substances or matter capable of inhibiting vigorous growth of grass. PART 3 EXECUTION 3.1 EXAMINATION A Verify prepared soil base is ready to receive the Work of this section. 3.2 PREPARATION OF SUBSOIL A Prepare sub-soil to eliminate uneven areas and low spots. Maintain lines, levels,' profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub-soil. C Scarify subsoil to depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub-soil. 3.3 HYDROSEEDING A Apply fertilizer, mulch and seeded slurry with hydraulic seeder at specified rate within one hour after being combined in hydroseeder. B After application, apply water with fine spray immediately after each area has been hydroseeded. Saturate to 4 inches of soil and maintain moisture levels two to four inches. C For areas inaccessible to hydroseed apparatus, contractor to refer to Georgia Department of Transportation Standards and Spe'cifications, Section 700 for seeding applications. 3.4 MULCHING A Apply mulch per Georgia Department of Transportation Standard Section 163. Mulch shall meet requirements set forth in Georgia Department of Transportation Standard Specifications, Section 893 for Grassing and Erosion Control. 3.5 SCHEDULE A Hydroseed Area: All disturbed areas shall be hydroseeded. Grassing & Mulching 02924 - 2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 04105/06 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION BB& T Boyle-Vaughan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1710 Gervais St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 8628 Columbia, SC 29202 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Company Chandler Construction Services, Inc. INSURER B: American Zurich 1511 Ninety Six Highway INSURER C: Ninety Six, SC 29666 INSURER D: INSURER E: Cllent#: 234603 17CHANDCON COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF AfoN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SR TYPE OF INSURANCE POUCY NUMBER "&~~J~fJ8;WIE .p~fl,~'J.."A,'1r~N LIMITS A GENERAL LIABILITY CPP1560007 07/01/05 07/01/06 EACH OCCURRENCE $1.000000 - g~~~&HO RENTED X. :=rMERCIAL GENERAL LIABILITY $300 000 - CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $10.000 X Contractual PERSONAL &ADV INJURY $1000000 GENERAL AGGREGATE $2.000.000 ~'L AGGREriiE LIMIT APPliES PER: PRODUCTS -COMP/OP AGG $2 000.000 X PRO- n POLICY JECT LOC A ~OMOBILE LIABILITY CA 1560006 07/01/05 07/01/06 COMBINED SINGLE LIMIT .!.. ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - .!.. HIRED AUTOS BODILY INJURY $ .!.. NON-DWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) ~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A 15ESSlUMBRELLA LIABILITY CU156OO08 07/01/05 07/01/06 EACH OCCURRENCE $9 000 000 X OCCUR D CLAIMS MADE AGGREGATE $9 000.000 $ ~ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 6ZZUB-743X773 A 05 04122/05 04122/06 X I WC STATU- I IOJ~- EMPLOYERS' LIABILITY 6ZZUB.743X773 A 05 04122106 04122/07 $1 000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? Georgia E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes. describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCl.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Butler Creek Collector Sanitary sewer Extension, Augusta Utilities Department, Project No. 50130 Blanket additional Insured including completed operations is extended to (see Attached Descriptions) CERTIFICATE HOLDER ACORD 25 (2001108) 1 of 3 #S1756334~1511165 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3Q... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A~R~ED ~SENTATIVE ~-~ BGW @ ACORD CORPORATION 1988 Augusta Georgia Utilities Department Engineering & Construction Division 360 Bay Street, Suite 180 Augusta, GA 30901 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S1756~1511165