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HomeMy WebLinkAboutDABBS-WILLIAMS CONTRACTOR DEANS BRIDGE ROAD MSW LANDFILL MODIFICATIONS TO LANDFILL GAS COLLECTION & CONTROL o 1 G E O R G I A 1 Contract Documents and Detailed Specifications for Deans Bridge Road MSW Landfill Modifications to Landfill Gas Collection & Control 1 Augusta- Richmond County I Commission Council Joe Jackson Corey Johnson Jerry Brigham 1 Joe Bowles Jimmy Smith Alvin Mason J.R. Hatney Bill Lockett Don A. Grantham 1 Mayor Deke S. Copenhaver 1 May 2010 1 1 1 II 1 1 Section 00010 Table of Contents 1 Section Title Division 0 - Contract Requirements ' 00414 Corporate Certificate 00500 Contract 00610 Performance Bond 00620 Payment Bond 00699 Certificate of Owner's Attorney 00700 General Conditions 00800 Supplementary Conditions Division 1 - General Requirements t 01010 Summary of Work 01011 Unique Requirements 01016 Occupancy 01025 Measurement and Payment 01026 Schedule of Values 01041 Coordination of Work ' 01051 Grades, Lines and Levels 01055 Construction Staking 01060 Regulatory Requirements 01070 Abbreviations, Symbols, Trade Names, and Materials 01080 Applicable Codes and Standards 01202 Progress Meetings 01310 Construction Schedules 01320 Construction Videos and Photographs 01340 Shop Drawings, Product Data, and Samples 01500 Construction Facilities ' 01540 Job Site Security 01562 Dust Control 01610 Transportation and Handling t 01620 Storage and Protection 01645 Manufacturer Services 01655 Starting of Systems ' 01710 Cleaning 01720 Record Documents 01730 Operating and Maintenance Data 01740 Warranties and Bonds 1 1 05/19/10 G003- 108W400010 1 Section 00414 Corporation /Company Certificate ' Brad Williams cer that I am Secretary of the corporation /company ' named as Contractor in the foregoing proposal; that Brad Williams Who signed said proposal in behalf of the contractor was then ' Vice- President of said cor oration /company; that said proposal was duly Signed for and in behalf of said corporatio of its Board of Directors, and is within the corporation /company powers; that said corporation /company is organized under the laws of the State of Georgia This 19th day of October , 20 10 Corporation /Company ' Secretary: ---- (name signed) Brad Williams (name printed or type) 1 (SEAL) END OF SECTION 1 1 1 1 1 1 1 1 Section 00500 Contract 1 THIS CONTRACT, made this day of , 2010, by and between Augusta- Richmond County, hereinafter called "Owner" and Dabbs - Williams General 1 Contractors, LLC doing business as corporation hereinafter called "Contractor. 1 WITNESS: That for and in consideration of the payments and agreements hereafter mentioned: 1 1. The Contractor is providing construction and construction management services for the complete construction of Deans Bridge Road MSW Landfill, Modifications to Landfill Gas Collection & Control System. (Ref: PO #P178746 dated 1 04/12/2010) 1 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 1 3. The Contractor will commence work required by the Contract Documents on or before a date specified in the written Notice to Proceed and will complete the ' same within 365 calendar days unless the period for completion is extended otherwise by the Contract Documents. The form of agreement between Owner and Contractor shall be the cost of the work plus a fee. The contractor's fee shall 1 be a lump -sum amount of that will be equivalent to five percent (5 %) of the direct costs of all subcontracted work including general conditions and ten percent (10 %) of work performed by Contractor's own forces. The fee will be paid on a 1 monthly basis in an amount equal to the percentage of work in place for the current billing month. 1 The price shall be the sum of the cost of the work, the general conditions and the contractor's fee and is guaranteed by the contractor not to exceed five million four hundred fifty thousand dollars ($5,450,000.00), subject to additions and 1 deductions by change order as provided in the construction documents. 4. The Contractor agrees to perform all of the Work described in the Contract 1 Documents and comply with the terms therein for the sum of Five Million Four Hundred Fifty Thousand & 00/100 DOLLARS ($ 5,450,000.00). 1 5. The term "Contract Documents" means and includes the following: (A) Partnership or Corporate Certificate 1 (B) Noncollusion Affidavits (C) Contract (D) General Conditions 1 (E) Supplementary Conditions (F) Payment Bond 1 05/25/10 G003- 108W400500 1 1 00500 - 5 Contract (G) Performance Bond I (H) Purchase Order No. P178746 Dated 4/12/2010 (I) Notice to Proceed (J) Change Order(s) 1 (K) Certificate of Owner's Attorney 6. The Owner will pay to the Contractor in the manner and at such times as set forth 1 in the General Conditions such amounts as required by the Contract Documents. 7. This Contract shall be binding upon all parties hereto and their respective heirs, 1 executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their 1 duly authorized officials, this Contract in six (6) copies each of which shall be deemed an original on the date first above written. 1 OWNER: I AUGUSTA- RICHMO D COUNTY By: u2_,E,- palm 1 ttP-Name: D e Ke Capen 4a vet' 1 (Please Print or Type) Title: hi, a (? i` 1 1 WITNESS: 1 (Pleaser,Pr or Type) �� * C MODS ®y Name �, /fj ° °® ° ° ° : � 2 v o ! 1 Title - � / t ' , l / / t ,� E , " . , �° r d G % Es-t. °° v 0 fl A % 1996 °°° ® os 1 1 1 05/25/10 G003- 108\XA00500 1 1 00500 - 3 Contract CONTRACTOR: DABBS- ILLI S GENERAL CONTRACTORS, LLC 1 ( � 1 By: � ' Name: Brad M. Williams (Please Print or Type) Title: Vice - President ' Address: P.O. Box 765 Statesboro, GA 30459 1 ATTEST: 1 � /j/i�i�l,. •/.� L!' Ji i ILA-vr, Ail Nam: � ✓� (Please Print or Type) Title Q-50 (SEAL) ' Note: Attest for a Corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. END OF SECTION 1 05/25/10 G003- 108\XA00500 r Section 00610 ' Performance Bond Bond # 0060696 KNOW ALL MEN BY THESE PRESENTS: that Dabbs- Williams General Contractors, LLC the "Principal," and a corporation of the State of Georgia, Westfield Insurance Company the "Surety," are held and firmly bound unto Augusta- Richmond County (the ' "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum of Five Million Four Hundred Fifty Thousand ** DOLLARS ($ 5,450,000.**) in lawful money of the United States, for the payment of which sum in lawful money of the United ' States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. ' The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of 20_, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: Deans Bridge Road MSW Landfill, Modifications to Landfill Gas Collection & Control. 1 NOW, THEREFORE, if the Principal shall in all respects comply with and perform all the terms and conditions of the Contract (which includes the Drawings, Specifications, and Contract Documents) and such alterations as may be made in said contract as the documents therein provide for, during the original term thereof and any extensions thereof which may be granted by the Owner, with or without notice to Surety, and during the one year warranty period, 1 and if Principal shall satisfy all claims and demands and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury, or conduct, want of care, skill, negligence, or default, including compliance with performance guarantees and patent infringement by the Principal, then this obligation shall be void; otherwise, Principal and Surety jointly and severally agree to pay to Owner any difference between the sum to which the Principal would be entitled on completion of the contract and that which the Owner may be ' obliged to pay for the completion of the work by contract or otherwise, together with any damages, direct or indirect, or consequential, which Owner may sustain on account of such work, or on account of the failure of the Principal to keep and execute all provisions of the Contract. Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that if the Principal shall keep and perform its agreement to repair or replace defective work or equipment during the warranty period of one (1) year as provided, then this paragraph shall be void; but if default shall be made by Principal in the 1 performance of its contract to so repair or replace said work, then this paragraph shall be in effect and Owner shall have and recover from Principal and its Surety damages for all defective conditions arising by reason of defective materials, work, or labor performed by or on the 1 account of Principal and it is further understood and agreed that this obligation shall be a continuing one against the Principal and Surety hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is 1 further understood that the obligation therein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time; and to fully save and hold the Owner harmless for any 1 05/19/10 G003- 108\XA00610 00610 - 2 ' Performance Bond damages it may be caused to pay on account of injury to person, Toss of life or damage to property. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, 1 modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part 1 thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions, ' additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. ' This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36 -91 -1 et.seq. and all the provisions of the law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. ' IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the day of , 20_, executed in seven counterparts. 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA00610 1 00610 - 3 1 Performance Bond CONTRACTOR - PRINCIPAL: Dabbs- Williams General Contractors, LLC By. Name: S o W\ V1 u s 1 (Please Print or Type) Title: '4 r Q 1 ATTEST: 1 N ame • r ' 1 J 0 . ' ase Print or Type) 1 Title C (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another 1 partner; for an individual by a Notary. SURETY: Westf• d Insurance Company 1 Name: CHARLES W. SERER (Please Print or Type) ATTORNEY • IN FACT GA $ 414695 1 Title: Agency: Wells Fargo Insurance Services 1 25 Bull St. / P.O. Box 847 Address: Savannah, GA 31402 912 - 231 - 6934 . 0/61A;1.4( ati-(1121-&■• 1 WITNESS: V Name V' ( i f I a »/1d er fS O Wells Fargo Insurance Services lease Print or Type) 25 Bull St. / P.O. Box 847 //'� Savannah, GA 31402 J Title ec 912-231-6934 (SEAL) 1 Note: 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. 1 END OF SECTION 1 05/19/10 G003- 108\XA00610 1 Section 00620 ' Payment Bond Bond # 0060696 ' KNOW ALL MEN BY THESE PRESENTS: that Dabbs - Williams General Contractors, LLC the "Principal," a corporation of the State of Georgia and - Westfield Insurance Company the "Surety," are held and firmly bound unto Augusta- Richmond County (the "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum of Five Million Four Hundred Fifty Thousand ** ($5,450,000. * *) in lawful money of the United States, for the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. ' The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of 20_, which is ' by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: Deans Bridge Road MSW Landfill, Modifications to Landfill Gas Collection & Control. NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials used ' by said Principal or any immediate or remote subcontractor or furnisher of labor or materials under him in the performance of the work in lawful money of the United States as the same shall become due, including all amounts due for materials, lubricants, oil, gasoline, electricity, coal ' and coke, repairs on machinery, equipment, and tools, consumed or used in connection with performance of the work and all insurance premiums and other charges incurred under said contract, then this obligation shall be void; otherwise to remain in full force and effect. ' Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses, 1 assessments, contributions, penalties, and interest thereon, when, and if, the same may be lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by reason of and directly connected with the performance of the Contract, or any part thereof. ' And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, ' modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions ' additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. I 05/19/10 G003- 108\XA00620 1 00620 - 2 Payment Bond 1 This Bond is given pursuant to and in accordance with provisions of O.C.G.A. Section 36 -91 -1 et.seq. hereinafter, and all the provisions of law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. ' IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the day of ,20_, executed in seven counterparts. CONTRACTOR - PRINCIPAL: Dabbs- Williams General Contractors, LLC By: Name: g17 .1tokkAJ1Ar"IS ' (Please Print or Type) Title: J rQ ' ATTEST: 1 ' N ame � A l _ �� / /� (' -:se Print orTy•e) 1 Title 0,t -- 'C) (SEAL) 1 Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. ' SURETY: Westfield Insurance Company 1 By: CHARLES W. sElLESr ATTORNEY •IN• Name: GA 414695 1 (Please Print or Type) Title: 1 Agency: Wells Fargo Insurance Services 25 Bull St. / P.O. Box 847 Savannah, GA 31402 Address: 912 - 231.6934 1 05/19/10 G003- 108\XA00620 1 00620 - 3 Payment Bond 1 WITNESS: L/. �...� d.A ' / , / Wells Fargo Insurance Services Name Virginia /1 n r)e (5nn 25 Bull St. / P.O. Box 847 Type) Savannah, GA 31402 1 'lease Print or Te) 912 231.6934 Title J et✓ (SEAL) 1 Note: 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 1 the project is located. ' END OF SECTION 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA00620 ' POWER NO. 101,6052 01 General Power Westfield Insurance Co. I of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. ' Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly I organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES W. SEILER I of SAVANNAH and State of GA its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship I LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY' BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the I WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and I deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile I seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 24th day of APRIL A.D., 2006 . N...--1b. ` `,` 1111111(,, �, / „ Corporate a g RA & Ct�` � P��C�NF�( /^/ pp WESTFIELD INSURANCE COMPANY �''��; A .ea. •�'+ '�`_�' sG'z i � SU_ .'; "D�, WESTFIELD NATIONAL INSURANCE COMPANY s .' to 1-5 =•m tORTERE S ' OHIO FARMERS INSURANCE COMPANY 1 �+ y. SEAL . �, =o °a . liY2F• ' '� 4 ' '• . ti • . • M f i �• �; • O c :• 1 i3 4 8 • p! ' 1 / s ` � r State of Ohio '" a..„....+ ..... , * „,,, y '' '' • • , .•: .........” By County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 24th day of APRIL A.D., 2006 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD I NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial _,,,0010t ....q,..I Seal � A L �/. 1 Affixed AV . " "' ` ' - i id&Z.:.t, • William J. Kahelin, A '.rney at Law, Notary Public State of Ohio tom. to My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I County of Medina ss.: ................... r ,- %.„ eOF • I I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. . In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, thl 17th .day of • I August A.D., 2010 _ _ , r °� •wo+ • . ma % . v ' P f . , 4 ..' - "• III f 4 r t= :47: SEAL T i t.: .�'CNARTEREa 33 � N f L N; SEAL :m; 3e: • -a c / Secretary q. 'a" • $ = . /S ? V.. 1848 . *_ Frank A. Carrino, S ecret r ' BPOAC2 (combined) (06 -02) ACORD CERTIFICATE OF LIABILITY INSURANCE CSR LS DATE(MM /DD/YYYY) DABSS-2 07/27/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Blount, Burke, Wimberly & ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Po Box 877 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1100 Brampton Ave Suite M ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Statesboro GA 30459 Phone:912- 764 -9602 Fax:912- 764 -2695 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Westfield Companies 24104 Dabbs - Williams General INSURER B: Builders Insurance Contractors, LLC Brad Williams INSURER C: Montgomery Insurance 14613 P. 0. BOX 765 INSURER D: Statesboro GA 30459 INSURER E: COVERAGES I 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 ANY 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 POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM /DDIYY) DATE (MM /DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I A X COMMERCIAL GENERAL LIABILITY TRA3436903 07/15/10 07/15/11 PREMISES(Ea $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT PROT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 , 000,000 7 POLICY n - LOC JEC AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT A X ANY AUTO TRA3436903 07/15/10 07/15/11 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS I _ PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLAUABIUTY EACH OCCURRENCE $ 9,000,000 A X I OCCUR CLAIMS MADE TRA3436903 07/15/10 07/15/11 AGGREGATE $ 9,000,000 I DEDUCTIBLE $ $ X RETENTION $ 0 $ WORKERS COMPENSATION AND X TORY LIMITS IMITS U ER II EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE WCV 0018210 02/28/10 02/28/11 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ 500,000 If es, describe under SPyECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 II OTHER C Builders Risk MONINS07262010 07/26/10 07/26/11 Inst. Fl. $5,450,000 DED $1,000 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Location: 4330 Deans Bridge Road, Blythe, GA 30805 / General Liability includes Contractual Liability including a Hold Harmless Agreement. 1 CERTIFICATE HOLDER CANCELLATION I AUGUSTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I Augusta Richmond County _ IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 530 Greene Street REPRESENTATIVES. Augusta GA 30911 1 I ACORD 25 (2001/08) ©ACORD CORPORATION 1988 1 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(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. 1 1 1 1 1 1 1 1 1 1 1 ACORD 25 (2001/08) DATE (MM /DDt 'fl CSR LS 07 27 10 CERTIFICATE OF LIABILITY INSURANCE ISSUED AS A ManE a CERTIF �I COR� THIS CERTIFICATE PRODUCER T Blount, Burke, Wimberly & ONLY AND CONFERS NO RIGHTS UPON TH HOOTERR. IS COVERAGE A DOES BO THE AMEND, E XTEND BELOW. OR I Po Box 877 1100 Brampton Ave Suite M NM Statesboro GA 30459 INSURERS AFFORDING COVERAGE 24104 INSURER A: Westfield Co ,. • anies • Phone: 912-764 -9602 Fax:912 INSURED -■ Augusta Richmond County INSURER D: 12 IIIIIIIIIII pug0ustaene 30901t COVERAGES NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF , TERM INSURANCE LISTED BELOW F ANY BEEN ISSUED OTHER BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ANY REQUIREMENT, TERM OR CONDITIOND B ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN, THE INSURANCE AFFORDED •LI EFF C E • p MpP/DDIYY N • POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE TYPE PAID CLAIMS. DATE MM /DDIYY EACH OCCURRENCE $ 1,000,0 I { •• TYPE OF IN • ' GENERAL LIABILITY MED EXP (Any one person) l COMME RCIAL GENERAL LIABILITY P ERSONAL n one INJURY ■■ CLAIMS MADE El OCCUR 07/26/10 07/27/11 $ 1,000,00 EINIIINIIIINI © Owner /Cont Prot WESINS07262O1O PRODUCTS- COMP /OPAGG 'L AGGREGATE LIMIT APPLIES PER: ■POLICY 1111 '18-i 1111 LOC C OMBINED SINGLE LIMIT (Ea accident) ' AUTOMOB IL:A D : AA : 1 TY III ANY AU BODILY persoINJURY BODILY INJURY (Per accident) (Per n) . ALL OWTOS .SCH EDUTOS III HIRED AUTOS III NON -OWNED AUTOS PROPERTY DAMAGE ■ (Per accident) ■ IIIIIIIIII GARAGE L AUTO ONLY - EA ACCIDENT lnIIIIIIIIIIIII EA ACC IABILITY OTHER THAN MIIIIIIIIIIM AUTO ONLY: AGG ■ ANY A UTO EACH OCCURRENCE i Ir • ENMBRELLA LIABILITY S MADE OCCUR SS CLAIM - VaINNNIIIIIII 1 I DEDUCTIBLE III TORY LIMITS R ETENTION $ E.L. EACH ACCIDENT WORKERS COMPENSATION AND E.L. DISEASE - EA EMPLOYEE I EMPLOYERS' LIABILITY ANY PROPRIETOR/PAR E.L. DISEASE - POLICY LIMIT OFFICER/MEMBER EXCLUDED? If yes describe under EINIIIIIIIIII SPECIAL PROVISIONS below I I OTHER IIIIIIIIIIIIIIIIII DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLU O S ADDED DORSEM T 1 SP C ECIAL PROVISIONS ' Contractor: Dabbs- Williams COntrao GA 30805 Job Location: 4330 Deans Bridge Road, Augusta, 1 CANCELLATION CERTIFICATE HOLDER DPBB &WI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1 NOTICE TO THE CERTIFICATE R L ABILITY OF ANY KIND UPON THE BUT FAILURE R ITS AGETS OR LI Dabbs- Williams General Contractors, LLC REPRESENTATIVES. S. Brad Williams P. S Box 765 IMPOSE NO OBLIGATION Statesboro GA 30459 10 ACORD CORPORATION 19 ACORD 26 (2001108) 1 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(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 1 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER 1 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. 1 1 1 1 1 1 1 1 1 1 1 ACORD 25 (2001/08) 1 Section 00620 Payment Bond ' KNOW O ALL MEN BY THESE PRESENTS: that •, ' the "Principal," a corporation of the State of , and the "Surety," are held and firmly bound unto Augusta- Richmond County (the "Owner ") existing under and by virtue of the laws of the State of Georgia, in the sum of ' in lawful money of the United States, for the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that whereas Principal has entered into a 1 certain Contract with the Owner, dated as of the day of 20_, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: ' Deans Bridge Road MSW Landfill, Modifications to Landfill Gas Collection & Control. NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials used by said Principal or any immediate or remote subcontractor or furnisher of labor or materials ' under him in the performance of the work in lawful money of the United States as the same shall become due, including all amounts due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on machinery, equipment, and tools, consumed or used in connection with performance of the work and all insurance premiums and other charges incurred under said contract, then this obligation shall be void; otherwise to remain in full force and effect. ' Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses, assessments, contributions, penalties, and interest thereon, when, and if, the same may be ' lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by reason of and directly connected with the performance of the Contract, or any part thereof. ' And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed ' thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the ' said Surety does hereby waive notice of any and all such extensions, modifications, omissions additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to ' executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. 1 1 05/19/10 G003- 108W400620 1 1 00620 - 11 ' Payment Bond This Bond is given pursuant to and in accordance with provisions of O.C.G.A. Section 36 -91 -1 1 et.seq. hereinafter, and all the provisions of law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. 1 IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the day of ,20_, executed in seven counterparts. CONTRACTOR - PRINCIPAL: 1 By: Name: ' (Please Print or Type) Title: ATTEST: 1 Name ' (Please Print or Type) Title ' (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. SURETY: 1 By: 1 Name: (Please Print or Type) Title: Agency: 1 Address: 1 05/19/10 G003- 108\XA00620 1 1 00620 - 3 Payment Bond 1 WITNESS: ESS. 1 Name (Please Print or Type) ' Title (SEAL) 1 Note: 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. END OF SECTION 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA00620 1 1 Section 00699 Certificate of Owner's Attorney 1, the undersigned, - yy �' 1� Gl Mad(' ettze , the duly authorized and acting legal 1 representative of Augusta- Richmond County, do hereby certify as follows: 1 I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute 1 said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. 1 1 r 77 e 1 Date: Il1: 1 END OF SECTION 1 1 1 1 1 05/19/10 G003- 108\XA00699 1 1 Section 00700 General Conditions 1 GENERAL CONDITIONS 0. General 1. Definitions I 2. Additional Instructions and Detail Drawings 3. Schedules, Reports, and Records 4. Correlation of Documents I 5. Shop Drawings 6. Materials, Services, and Facilities 7. Inspection and Testing I 8. 9. Substitutions Patents 10. Surveys, Permits, Regulations I 11. 12. Protection of Work, Property, Persons Supervision by Contractor 13. Changes in the Work I 14. Changes in Contract Price 15. Time for Completion and Liquidated Damages 16. Correction of Work 17. Subsurface Conditions 1 18. Suspensions of Work, Termination, and Delay 19. Payments to Contractor 20. Acceptance of Final Payment as Release I 21. Insurance 22. Contract Security 23. Assignments I 24. 25. Indemnification Separate Contracts 26. Subcontracting I 27. 28. Engineer's Authority Land and Rights -of -Way 29. Guaranty 30. Taxes I 31. Disputes 32. Contract Provisions Required by Law 33. Prohibited Interest 1 34. Use of Premises and Removal of Debris 35. Estimate of Quantities 36. Contractor's Obligations I 37. Payments by Contractor 38. Waiver 39. Chemicals I 40. 41. Connecting of Existing Work Program and Method of Construction 42. Buildings and Shanties I 43. 44. Sewage, Surface and Flood Flows Obstructions Encountered 45. Use of Streets 1 46. Access by Representatives of Governmental Agencies 47. Local and State Laws 48. Deleted 1 05/19/10 G003- 108\XA00700 1 00700 - 15 General Conditions 1 49. New Job Opportunities 50. Construction Restrictions 51. Lead Based Paint and Joint Sealers 52. Cooperation with Public Utilities 53. Abandonment or Termination of Contract 54. Evidence of Payment ' 55. 56. Accessibility of Records Archaeological Plan for Identification and Excavation of Significant Sites. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108W400700 1 1 00700 -3 General Conditions 1 GENERAL CONDITIONS O. GENERAL 0.1 GENERAL CONDITIONS: The General Conditions are general in scope and may refer to conditions not encountered on the work covered by these Contract 1 Documents. Any provision of the General Conditions which pertains to a nonexistent condition and is not applicable to the work to be performed hereunder, shall have no meaning in these Contract Documents and shall be disregarded. 1 0.2 SPECIFICATIONS: No attempt has been made in the Specifications to segregate work to be performed by any trade or subcontract. Any segregation between the ' trades or crafts will be solely a matter for agreement between the Contractor and his employees and his subcontractors. ' The Specifications as a whole will govern the construction of the entire work. The applicable provisions thereof will govern work to be performed under each section. 0.3 CONTRACT DOCUMENTS: The Contract Documents cover all matters relating to the work the Contractor is obligated to perform. The Contract Documents are organized into various parts and sections for convenience. All parts and sections of the Contract ' Documents are complementary, and what is called for by any shall be as binding as if called for by all. The Contract Documents, as defined herein, form the Contract between the Owner and the Contractor for the performance of the work covered by these Contract Documents. It is agreed by the Owner and the Contractor, as evidenced by and through the execution of the Contract, that all terms of the Contract Documents shall be binding on both parties to the Contract and shall be a part of the Contract, the same as if the Contract Documents are repeated therein. 0.4 LEGAL ADDRESSES: Both the business address of the Contractor given in the Bid Proposal Form and the Contractor's office in the vicinity of the work either of which ' are hereby designated as the place to which all notices, letters, and other communication to the Contractor will be mailed or delivered. The address of the Owner is indicated in the bidding instructions, and is hereby ' designated as the place to which all notices, letters, and other communication to the Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to the other party. 0.5 INDEPENDENT CONTRACTOR: The relation of the Contractor to the Owner shall be that of an independent contractor. 0.6 GOVERNING STANDARD SPECIFICATIONS: Standard specifications or other specifications of organizations, societies, governmental agencies, or bodies, referred ' to in these Contract Documents, are made a part of these Contract Documents the same as if repeated herein. Unless specifically stated otherwise, the standard shall be that adopted and published at the date of the Advertisement for Bids. 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 4 General Conditions 1 DEFINITIONS t 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: ' 1.2 ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS DRAWINGS, AND SPECIFICATIONS, by additions, deletions, clarifications, or corrections. 1.3 APPROVED, REASONABLE, SUITABLE, ACCEPTABLE, PROPER, SATISFACTORY: Whenever in these Contract Documents the words "approved," ' "reasonable," "suitable," "acceptable ", "proper," "satisfactory," or words of like effect and import appear, unless otherwise particularly specified herein, they shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgment of ' the Owner or Engineer only to the extent of judging compliance with the terms of these Contract Documents. ' 1.4 BID: The offer of proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. ' 1.5 BIDDER: Any person, firm, partnership, corporation, or combination thereof submitting a bid directly to the Owner for the work to be performed under these Contract Documents, acting directly or through a duly authorized agency or representative. The ' successful bidder, selected by the Owner to perform the work under these Contract Documents, will thereafter be known as the Contractor. ' 1.6 BONDS: Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and the Surety in accordance with the CONTRACT DOCUMENTS. ' 1.7 CHANGE ORDER: A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.8 CONTRACT OR AGREEMENT: The written agreement between the Owner and the Contractor for the performance of the work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration therefore. ' Whenever, in any portion of the Contract Documents, a requirement of the Contract is stated, it shall be interpreted to mean a requirement of the Contract Documents as defined herein. 1.9 CONTRACT DOCUMENTS: The Contract, Advertisement for Bids, Instructions to Bidders, Bid Proposal and Proposal Documents, Bid Bond, Agreement, Performance Bond, Payment Bond, Employment Requirements and Wage Rates, General Conditions, Specifications, Drawings, Addenda, Change Orders, Notice of Award, 05/19/10 G003- 108W400700 1 1 00700 - 5 General Conditions 1 Notice to Proceed, and the Specifications, Drawings, and Engineering Data furnished by the Contractor and accepted by the Owner. Whenever, in any portion of the Contract Documents, the terms "Plans and Specifications" or "Specifications" or "Contract" or words of like import appear, they shall be interpreted to mean Contract Documents as defined herein. 1 1.10 CONTRACT PRICE: The contract price or contract prices named in the Contract Documents shall be the amount of the compensation to the Contractor agreed to by ' the Owner and the Contractor for the proper and satisfactory completion of the work specified herein, including all contingencies, in full conformity with the Contract Documents. The contract price(s) shall be full payment for the performance of the ' work and the furnishing of labor, materials, transportation, supplies, tools, equipment, taxes, employee benefits, incidentals, services, and other items necessary or convenient for completion of the work in a satisfactory and acceptable manner, and within the intent of these Contract Documents. 1.11 CONTRACT TIME: The number of calendar days allowed by these Contract ' Documents for the completion of the work, including authorized time extensions for the completion of the work sufficient for acceptance as substantially complete by the Owner. 1.12 CONTRACTOR: The person, firm, or corporation whose proposal is accepted by the Owner and who enters into a Contract with the Owner for performance of the work covered by and in conformance with these Contract Documents. 1.13 DRAWINGS: Drawings, which are sometimes referred to herein as "plans," are defined as all (a) drawings furnished by the Owner as a basis for bids; (b) supplementary drawings furnished by the Owner to clarify and to define in greater detail the intent of the Contract Drawings and Specifications; (c) drawings furnished 1 by the Owner to the Contractor during the progress of the work;. ' 1.14 ENGINEER/PROJECT MANAGER: Owner approved personnel and Contractor(s). 1.15 FIELD ORDER: A written order effecting a change in the WORK not involving an 1 adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME issued by the ENGINEER to the CONTRACTOR during construction. ' 1.16 NOTICE OF AWARD: The written notice of the acceptance of the BID from the OWNER to the successful bidder. ' 1.17 NOTICE TO PROCEED: Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK. 1 1.18 OBSERVER: An authorized representative of the Engineer assigned to make necessary observations of the work performed by the Contractor. 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 6 General Conditions 1.19 OWNER: A public or quasipublic body or authority, corporation, association, partnership, or individual for whom the WORK is to be performed. 1.20 AS ORDERED, AS DIRECTED, AS REQUIRED, AS PERMITTED, AS ALLOWED: Whenever in these Contract Documents the words "as ordered" as directed," "as ' required," "as permitted," "as allowed," or words or phrases of like import are used, it shall be understood and agreed that the order, direction, requirement, permission, or allowance of the Owner or the Engineer is intended only to the extent of judging ' compliance with the terms of these Contract Documents; none of these terms shall imply that the Owner or Engineer has any authority or responsibility for supervision of the Contractor's forces or construction operations, such supervision and the sole 1 responsibility therefore being strictly reserved for the Contractor. 1.21 PERSON: The word "person" shall mean and include any individual, combination of individuals, partnership, society, association, joint stock company, corporation, firm, estate, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. 1.22 PRODUCT: The term "product" shall mean and include materials, systems, and equipment incorporated into the Project. t 1.23 PROJECT RECORD DOCUMENTS: Copies of the Contract Documents maintained at the site of the work by the Contractor, and marked by him to record deviations, additions, and other required information during the prosecution of the work. 1.24 PROJECT: Total construction of which the work covered by the CONTRACT 1 DOCUMENTS may be the whole or a part thereof. 1.25 PROVIDED: When the term "provided" or "provide" is used in the Drawings or other ' Contract Documents, it shall mean "provided complete in place," that is, "furnished and installed." Where "as shown," "as indicated," "as detailed," or other words of similar import are used, it is understood and agreed that references to the Drawings are intended unless otherwise expressly stated. ' 1.26 RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. ' 1.27 SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a subcontractor, a manufacturer, a supplier, or a distributor, which illustrate how specific portions of the work shall be fabricated or installed. Shop drawings may also be referred to in these Contract Documents and shall have the same meaning as detail drawings, working drawings, construction drawings, and engineering data. 1 05/19/10 G003- 108\XA00700 00700 - 7 General Conditions 1.28 SPECIFICATIONS: A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship. 1 1.29 SUBCONTRACTOR: The person, firm, or corporation having a direct contract with the Contractor or with any other subcontractor for performing work covered by these ' Contract Documents which the Contractor is obligated to perform or to cause to be performed. ' 1.30 SUBSTANTIAL COMPLETION: That date as certified by the ENGINEER when the construction of the PROJECT is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT can be safely, conveniently and 1 beneficially utilized for the purposes for which it is intended. 1.31 SUPPLIER: The person, firm, or corporation who will furnish products acceptable to ' the Engineer for incorporation into the work covered by these Contract Documents. A supplier may also be referred to as "manufacturer" or "distributor" in these Contract Documents. 1.32 WORK: Everything specified, indicated, shown, or contemplated, including materials, labor, equipment, transportation, supplies, and things required to be done, furnished, or performed by the Contractor under these Contract Documents. The work shall include everything expressly or impliedly required of the Contractor by the Contract Documents. ' 1.33 WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, 1 when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK. 1.34 MAY: Permissive. 1.35 "SHALL" IMPLIED: Some sentences, statements and clauses used in the specifications exclude any form of the verb "shall" normally expressed in a verb phrase with verbs such as "furnish ", "install ", "provide ", "perform ", "construct ", "erect ", "comply ", "apply ", "submit" or similar verb, but in any such sentences, statements, and clauses shall be interpreted to include the applicable form of the phrase "The CONTRACTOR shall" and the requirements described therein shall be interpreted as mandatory elements of the CONTRACT. 1.36 SHALL: Mandatory 1.37 WILL: Mandatory 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 8 General Conditions 2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS ' 2.1 The CONTRACTOR may be furnished additional instruction and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. 1 3. SCHEDULES, REPORTS, AND RECORDS ' 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be 1 performed. 3.2 Prior to the first partial payment estimate, the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion or each part, and, as applicable: 1 3.2.1 The dates at which special detail drawings will be required; and 3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing, and the installation of materials, supplies, and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. 3.4 If the Contract is based on a lump sum bid or contains one or more lump sum items for which progress payments are desired, the Contractor shall prepare and submit to ' the Engineer a schedule of values covering each lump sum item. The schedule of values, showing the value of each kind of work, shall be acceptable to the Engineer before any progress payment estimate and progress payment request are prepared. Such items as bond premium, temporary construction facilities, and plant work items may be listed separately in the schedule of values, provided the costs could be substantiated. 1 The sum of the items listed in the schedule of values shall equal the contract lump sum price(s). Overhead and profit shall not be listed as separate items. 1 An unbalanced schedule of items providing for overpayment of the Contractor on items of work, which would be performed, first will not be accepted. The schedule of ' values shall be revised and resubmitted until acceptable to the Engineer. 3.5 The Contractor shall also furnish on a form to be supplied by the Owner and /or his ' Engineer a periodic itemized estimate of work done for the purpose of making a partial payment thereon. 1 05/19/10 G003- 108\XA00700 00700 - 9 General Conditions ' 3.6 The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 3.7 An updated schedule and an updated Schedule of Submittals shall be presented with ' each partial payment request. Lack of an updated schedule and /or an updated Schedule of Submittals will delay processing of the pay request until receipt of the updated schedule and /or an updated Schedule of Submittals. 3.8 If the schedule reflects a completion date prior to the completion date established by the Contract Agreement, this shall afford no basis to claim for delay should the Contractor not complete the Work prior to the projected completion date. Instead all "float" between ' the completion date in the Contractor's schedule and the completion date established in the Contract Agreement shall belong to and be exclusively available to the Owner. Should a change order be executed with a revised completion date, the progress 1 schedule shall be revised to reflect the new completion date. 3.9 Contractor's Responsibilities 1 (1) Implement the detailed Near Term Schedule of activities to the fullest extent possible between Project Coordination Meetings. 1 (2) The Contractor shall prepare the Contractor's Daily Report by 10:00 a.m. of the day following the Report date. This Daily Report will contain, as a minimum, the weather conditions; number of workers by craft, including supervision and management personnel on site; active and inactive equipment on site; work accomplished by CPM activity item; problems; and visitors to the jobsite. (3) If a current activity or series of activities on the OPS is behind schedule and if the late status is not due to an excusable delay for which a time extension would be forthcoming, the Contractor shall attempt to reschedule the activity to be consistent with the Overall Project Schedule so as not to delay any of the Contract milestones. The Contractor agrees that: ' a. The Contractor shall attempt to expedite the activity completion so as to have it agree with the OPS. Such measures as the Contractor may choose shall be made explicit during the Project Coordination Meeting. 1 b. If, within two weeks of identification of such behind - schedule activity, the Contractor is not successful in restoring the activity to an on schedule status, the Contractor shall: 1. Carry out the activity with the scheduled crew on an overtime basis until the activity is complete or back on schedule. 2. Increase the crew size or add shifts so the activity can be completed as scheduled. 1 05/19/10 G003- 108\XA00700 1 00700 - 10 General Conditions 3. Commit to overtime or increased crew sizes for subsequent activities, or some combination of the above as deemed suitable by the Engineer. 1 These actions shall be taken at no increase in the Contract amount. (4) Maintain a current copy of all construction schedules on prominent display in the 1 Contractor's field office at the Project site. (5) Cooperate with the Owner or Owner's representative in all aspects of the Project ' Scheduling System. Failure to implement the Project Scheduling System or to provide specified schedules, diagrams and reports, or to implement actions to re- establish progress consistent with the OPS may be causes for withholding of payment. 4. CORRELATION OF DOCUMENTS 4.1 Drawings, and specifications are cooperative and supplementary. Portions of the WORK, which can best be illustrated by the drawings, may not be included in the ' specifications and portions best described by the specifications may not be depicted on the drawings. All items necessary or incidental to completely construct or erect the WORK shall be furnished, whether called for in the specifications or shown on the ' drawings, or anything shown or mentioned on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. ' 4.2 Information or instruction for Bidders shall take priority over General Conditions; large - scale drawings shall take precedence over small -scale drawings. In case of disagreement between the drawings and specifications, or within either document itself, the better quality or greater quantity of WORK shall be estimated and included in the Bid and CONTRACT Price and the matter drawn to the ENGINEER's attention for decision. 4.3 The Drawings, Specifications, and Addenda shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein 1 fully set forth. The table of contents, titles, headings, running headlines, and marginal notes contained in the Contract Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, or cast light on the 1 interpretation of the provisions to which they refer. 4.4 Upon award of the Contract, the Contractor upon request will be supplied free of 1 charge up to six (6) complete sets of the Drawings and Specifications. If the Contractor requests additional prints or Specifications, they will be furnished to him at 1 cost. 4.5 The Contractor shall keep on the job a copy of the Drawings and Specifications and shall at all times give the Owner and Engineer access thereto. 05/19/10 G003- 108W400700 1 1 00700 - 11 General Conditions 4.6 The parts of the Contract Documents are complementary, each part being an essential part of these Contract Documents, which are intended to describe and ' provide for a complete work. A requirement occurring in one is as binding as though occurring in all. ' 4.7 The Contractor shall carefully study and compare all Drawings, Specifications, and other instructions; shall test all figures on the Drawings before laying out the work; shall notify the Engineer of all errors, inconsistencies, or omissions which he may ' discover. The Contractor shall not take advantage of any error or omission, which may be found in the Drawings or other Contract Documents. ' 4.8 In case of unresolved conflict between items of the Contract Documents, the following order of precedence shall govern, with the higher item taking precedence over a lower item: ' Contract (including Supplemental Agreements and Change Orders thereto) Addenda ' Instructions to Bidders Bid General Conditions Specifications Schedules on Drawings Notes on Drawings ' Details on Drawings Large Scale Drawings Small Scale Drawings Dimensions Given in Figures Scaled Dimensions 4.9 In the event of any discrepancy between any Drawing and the figures written thereon, 1 the figures, unless obviously incorrect, shall be taken as correct. 4.10 When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scale and figure dimensions on the Drawings. 4.11 Wherever a stock size of manufactured item or piece of equipment is specified by its nominal size, it shall be the responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space and to make all necessary allowances and adjustments therefore in his work without additional cost to the Owner. 1 05/19/10 -1 7 G003 08�XA00 00 1 00700 - 125 General Conditions 4.12 Any materially differing site condition as between what is shown on the Drawings and Specifications and actually found on site shall be immediately reported to the Engineer, ' in writing, prior to the commencement of Work at the site. Failure of the Contractor to notify the Engineer, in writing, of the differing site condition prior to performance of Work at the site shall constitute a waiver of any claim for additional monies. Any Change Order necessitated by the differing site condition shall be processed as provided under 1 Article 13. 4.13 Any ambiguities or need for clarification of the Drawings or Specifications shall be immediately reported in writing to the Engineer. Any such ambiguity or need for clarification will be handled by the Engineer, in writing, as authorized by Article 27. No clarification of the Drawings and Specifications hereunder by the Engineer will entitle the ' Contractor to any additional monies unless a Change Order has been processed as provided by Article 13 hereof. ' 4.14 Any work done by the Contractor following a discovery of such differing site condition or ambiguity or need for clarification in the Contract Drawings and Specifications, prior to a written report to the Engineer, shall not entitle the Contractor to additional monies and shall be done at the Contractor's risk. ' 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER's approval of any SHOP DRAWING shall not release the CONTRACTOR 1 from responsibility for deviations from the CONTRACT DOCUMENTS. ' 5.2 Engineering data covering all equipment and fabricated products to be furnished under these Contract Documents shall be submitted to the Engineer for review. These data shall include drawings and descriptive information in sufficient detail to show the 1 kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; and dimensions needed for installation and correlation with other ' materials and equipment Data submitted shall include drawings showing essential details of any changes proposed by the Contractor and all required wiring and piping layouts. 1 5.3 When submitted for the ENGINEER's review, SHOP DRAWINGS shall bear the CONTRACTOR's certification that he has reviewed, checked, and approved the ' SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. ' 5.4 At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the engineering data may have from the requirements of these Contract Documents. 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 13 General Conditions 1 5.5 When the drawings and data are returned marked "AMEND AND RESUBMIT" or ' "REJECTED" the corrections shall be made as noted thereon and as instructed by the Engineer and not less than six (6) corrected copies resubmitted. ' 5.6 Unless otherwise directed by the Engineer, when drawings and data are returned marked "MAKE CORRECTIONS NOTED," the changes shall be made as noted thereon and not Tess than six (6) corrected copies shall be furnished. 1 5.7 All corrections and changes made on the drawings or data sheets other than those noted by the Engineer shall be clearly identified with a revision symbol and shall be suitably documented on the drawing with a brief description and date. 5.8 When the drawings and data are returned marked "NO EXCEPTIONS TAKEN," fabrication and /or installation can begin and no additional copies need be furnished. 5.9 No work shall be performed in connection with the fabrication or manufacture of materials and equipment, nor shall any accessory or appurtenance be purchased until the drawings and data therefore have been reviewed by the Engineer and returned marked "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED ". ' 5.10 A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. 5.11 The Engineer's review of drawings and data submitted by the Contractor will cover only general conformity to the Drawings and Specifications, external connections, and dimensions which affect the layout. The Engineer's review of drawings returned marked "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" does not indicate a thorough review of all dimensions, quantities, and details of the material, equipment, devices, or items shown and shall not in any way be deemed to relieve the ' Contractor from any responsibility for errors or deviations from the requirements of these Contract Documents or from full responsibility for complete and accurate performance of the work in conformance with these Contract Documents or from any ' liability placed upon him by any provisions of these Contract Documents. 5.12 The schedule of submittals of engineering data and submittals of samples of materials or products, if required, shall be made by the Contractor in accordance with the requirements in the section entitled "Shop Drawings, Product Data and Samples" of these Specifications. 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 14 General Conditions 6. MATERIALS, SERVICES, AND FACILITIES ' 6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, Tight, power, transportation, supervision, temporary ' construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 1 6.2 Material and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. 6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be ' purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale CONTRACT or other agreement by which an interest is retained by the seller. ' 6.6 Any work necessary to be performed after regular working hours, on Sundays, or on ys eaps O ' 6.7 The legal Contractor holidashall warrants be perform that d he without has good addition title l ex to en all e materials the wner. , supplies, and equipment used by him in the work. ' 6.8 All materials required in the work may be stored on the site upon which the project is to be constructed, subject to approval by the Engineer, but all such materials, tools, and machinery shall be neatly and compactly piled in such a manner as to cause the least inconvenience to the property owners and the traffic. All fire hydrants must at all ' times be kept free and unobstructed, and water and gas shutoff boxes and underground power and telephone line manholes must be kept uncovered by such materials. 6.9 Materials, tools, and machinery shall not be piled or placed against shade trees unless they shall be amply protected against injury therefrom. All materials, tools, ' machinery, etc., stored upon public thoroughfares must be provided with warning lights at night to warn the traffic of such obstruction. 1 05/19/10 G003- 108W400700 1 00700 - 15 ' General Conditions 6.10 The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of the work. The location of all temporary lines, roadways, and similar facilities shall be subject to the approval of the Engineer, and these shall be located and operated so as not to interfere with other work carried on by the Owner or by other contractors. 6.11 The materials, fixtures, and apparatus furnished shall be new, except as otherwise ' provided herein, unused, and of good quality, and shall be incorporated into the work in an undamaged condition. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Whenever materials are sold by the manufacturer in sealed packages, they shall be so delivered to the site of the work. The materials shall be manufactured, handled, and used in a workmanlike manner to provide a completed work in accordance with these Contract Documents. 6.12 Materials, products, and equipment designated for permanent installation in the work shall be properly stored by the Contractor in a manner to ensure protection against deterioration of any type. These items shall be so placed as to cause a minimum of interference with the prosecution of the work and to the public. The method of storing shall be so as to facilitate inspection. Deterioration of any kind or to any degree shall be cause for rejection. Stored materials, even though meeting the requirements of these Contract Documents before ' being stored, shall be inspected prior to incorporation in the work and shall meet the requirements of these Contract Documents at the time of incorporation in the work. If material, products, or equipment stored by the Contractor and paid for under the 1 terms of these Contract Documents is damaged or otherwise becomes unsuitable before its permanent incorporation into the work, the amounts paid the Contractor for the damaged material shall be deducted from the next progress payment. 6.13 The Contractor shall be responsible for the condition of all materials, products, and equipment, which he has furnished and shall replace at his own expense all such material found to be defective or which has been damaged after delivery. This includes the replacement of material which is found to be defective at any time prior to ' expiration of the guarantee period. 6.14 It is agreed that any temporary power lines, roadways, or other facilities which the Contractor furnishes, installs, maintains, and removes at the completion of the work may be used by the Owner or any of his contractors at such reasonable time or times as may be directed by the Engineer. Likewise it is provided that similar facilities of ' other contracts will become available to the Contractor under similar conditions. 6.15 Adequate sanitary facilities shall be provided by the Contractor. All such sanitary ' facilities shall conform to the requirements of the respective state and county departments of public health. 05/19/10 G003- 108\XA00700 1 1 00700 - 16 1 General Conditions 6.16 The Contractor shall furnish six (6) hard hats which shall be made available to 1 authorized representatives and agents of the Owner and any interested governmental agency while visiting the job site. 1 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject I to adequate inspection and testing in accordance with accepted standards, as required and defined in the CONTRACT DOCUMENTS. I 7.2 The OWNER shall provide all inspection and testing services required by the CONTRACT DOCUMENTS one time only. 1 7.3 The CONTRACTOR shall provide at his expense the samples and product shop testing and inspection services required by the CONTRACT DOCUMENTS for I material certifications prior to shipment. Any field retests or reinspections required due to the failure of materials to meet the requirements of the CONTRACT DOCUMENTS shall be paid for by the Contractor. The Owner shall have sole authority to determine I whether tests /inspections pass or fail and require retesting. 7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or orders of I any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then 1 furnish the ENGINEER the required certificates of inspection, testing, or approval. 7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the I CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. I 7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, I if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR's expense. 1 1 1 05/19/10 G003- 108\XA00700 1 00700 - 17 General Conditions 7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is ' defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will 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 an appropriate CHANGE ORDER shall be issued. 7.9 The field testing of materials shall be made by a competent laboratory or other person paid for by the Owner, one time only. The Contractor shall submit samples of ' materials for testing as required by the Engineer. The cost of all retests made necessary by the failure of materials to conform to the requirements of these Contract Documents shall be paid by the Contractor. ' 7.10 The testing of equipment and products shall be performed as provided in the Specifications. ' 7.11 All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The 1 laboratory or inspection agency shall be approved by the Owner. The cost of all inspection and testing of all materials and equipment for determination of source, suitability, applicability, all certified mill tests, etc., shall be included in the contract ' price for supplying the applicable materials and equipment as no separate payment will be made for these services. 7.12 Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with Specifications and suitability for uses intended. 7.13 Where mill tests of materials are found by the Engineer to be acceptable, the ' Contractor shall furnish certified copies of such mill tests. The cost of furnishing such certified copies shall be borne by the Contractor, with no separate payment allowed. ' 7.14 Where shop equipment performance tests are specified, the Engineer shall be permitted to witness such tests. In the absence of a witnessed test, certified copies of shop tests shall be submitted to the Engineer. 7.15 No payment will be made to the Contractor for samples taken for tests such as concrete cylinders, soils samples, etc. 1 1 05/19/10 G003- 108\XA00700 1 ' 00700 -18 General Conditions 7.16 Should any disagreement or difference arise as to the estimate, quantities or classifications or as to the meaning of the Drawings or Specifications, or any point ' concerning the character, acceptability, and nature of the several kinds of work, any materials and construction thereof, the decision of the Engineer shall be final and conclusive and binding upon all parties to the Contact. 8. SUBSTITUTIONS 8.1 Whenever a material, product, article, or piece of equipment is specified or described in these Contract Documents by using the name of a proprietary product or the name of a particular manufacturer or vendor and catalog number, it is understood and agreed that the specific item is named for the purpose of establishing the type, function, dimension, appearance, quality, durability, performance, or other salient requirements and that other materials, products, articles, or pieces of equipment of ' equal capacities, quality, and function will be considered. The Contractor may request the substitution of a material, product, article, or piece of equipment of equal substance and function for those designated in these Contract Documents. The ' Contractor shall request substitution in writing to the Engineer stating in detail how the substituted product differs in composition and performance from the designated product and furnishing suitable complete data on which the Engineer may make the ' determination on the merits of the proposed substitution. If, in the opinion of the Engineer, such material, article, or piece of equipment is of equal substance and function to that designated, the Engineer may approve its substitution and use by the ' Contractor. Any cost differential shall be deductible from the contract price and the Contract Documents shall be appropriately modified by a Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function 1 or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute shall be made by the Contractor without a change in the contract price or contract time. Requests relative to substitutions for 1 materials, products, articles, or pieces of equipment specifically designated on the Drawings or in the Specifications will not be considered until after the award of the Contract. Substitutions shall be submitted in accordance with Section 01630 of these 1 Specifications. 8.2 It is understood and agreed that (1) the Engineer is to use his own judgment whether 1 or not any material, product, article, or piece of equipment proposed to be substituted is equal to that specified; (2) the decision of the Engineer on all such questions of equality shall be final and binding upon the Contractor; and (3) in the event of any ' decision of the Engineer that is considered adverse by the Contractor, no claim of any sort by the Contractor shall be made or allowed against the Owner or the Engineer. 8.3 The Contract is based on the materials, equipment, and methods described in the Contract Documents. 1 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 19 General Conditions ' 8.4 The Owner, through the Engineer, will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data and all other information required to evaluate the proposed 1 substitution. 8.5 The Contractor shall not substitute materials, equipment, or methods unless such 1 substitution has been specifically approved for this project by the Engineer. 9. PATENTS 9.1 Royalties and fees for patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the work shall be included in the 1 Contract Price(s). The Contractor shall satisfy all demands that may be made at the time for such royalties or fees, and he shall be liable for any damages or claims for patent infringements. The Contractor shall, at his own cost and expense, defend all suits or proceedings that may be instituted against the Owner for alleged infringement of any patents involved in the work and in case of an award of damages the Contractor shall pay such award. 1 0. SURVEYS, PERMITS, REGULATIONS 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. 1 From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile 1 locations, and other working points, lines, elevations, and cut sheets. ' 10.2 Permits, licenses, and easements of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR. Permits, licenses, and easements for permanent structures or permanent changes in ' existing facilities shall be secured and paid for by the OWNER unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the WORK as drawn and ' specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. 1 1 1 05/19/10 G003- 108\XA00700 ' 00700 - 20 General Conditions ' 11. PROTECTION OF WORK, PROPERTY, AND PERSONS ' 11.1 The CONTRACTOR will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to ' prevent damage, injury, or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the ' site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designed for removal, relocation, or replacement in the course of construction. 11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. He will erect and maintain as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable. ' 11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from ' the ENGINEER or OWNER, may act to prevent threatened damage, injury, or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a 1 CHANGE ORDER may thereupon be issued covering the changes and deviations involved. 1 11.4 The Contractor shall protect from damage all property in the vicinity of the work or that is in any way affected by the work, the removal or destruction of which is not called for by the Contract Documents. This applies to public and private property, utility facilities, trees, grass, shrubs, crops, signs, monuments, fences, pipe, underground structures, public roadways, sidewalks, curb and gutters, driveways, and any other ' natural or manmade terrain features. Whenever such property is damaged due to the Contractor's performance of the work, the Contractor shall immediately restore it to condition equal to or better than that existing before such damage or injury was done ' by the Contractor. The Contractor shall make good all such damage or injury in an acceptable manner at his own expense. In case of failure of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon forty- eight (48) hours notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any moneys due or which may become due the Contractor under the terms of these 1 Contract Documents. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 341 General Conditions 1 11.5 Reasonable care shall be taken during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be tied back, where appropriate, to ' minimize damage. Trees, which receive damage to branches, shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing. 11.6 The Contractor shall not enter upon private property for any purpose without first obtaining permission, and he shall be responsible for the preservation of all public and ' private property. The Contractor shall at all times while the work is in progress use extraordinary care to see that adjacent buildings are not endangered in any way by reason of fire, water, or construction operations, and to this end shall take such steps as may be necessary or directed to protect the property therefrom, and the same care shall be exercised by all Contractor's and subcontractor's employees. The Contractor shall give due notice to any controlling person, department, or public service company prior to adjusting items to grade and shall be held strictly liable to the Owner if any such items are disturbed, damaged, or covered up during the course of the work. The Contractor shall not disturb, remove, or relocate any land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location. 11.7 Any temporary drains and drainage, which may be required by the Contractor during 1 the construction period, shall be furnished, installed, and maintained by him. No such drains or drainage systems shall be installed or used without the prior approval of the Engineer. At the completion of the work, all such drains and drainage systems shall be removed and the premises returned to a neat and clean condition. ' 11 .8 Fire hydrants on or adjacent to the work shall be kept accessible to the firefighting apparatus at all times, and no material or obstruction shall be placed within 10 feet of any hydrant. Adjacent premises must be given access, as far as practicable, and ' obstruction of sewer inlets, gutters, and ditches will not be permitted. 11 .9 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the ' premises where the work is being performed. The Contractor shall comply with the Department of Labor's Safety and Health Regulations for construction promulgated ' under the Occupational Safety and Health Act of 1970 (PL 91 -596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91 -54). Copies of these regulations may be obtained from the U. S. Government Printing Office, 275 Peachtree Street, N.E., Atlanta, Georgia 30303. 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 352 General Conditions 11.10 The Contractor shall erect and ro erl maintain at all times, as required by the p p Y � q Y ' conditions and progress of the work, all necessary safeguards, including sufficient lights and danger signals on or near the work; he shall erect suitable railings, barricades, covers, or other protective devices about unfinished work, open trenches, holes, embankments, or other hazards and obstructions where hazards to workmen or ' the public exist. The Contractor shall provide at all times all necessary watchmen on the project for the safety of employees, delivery personnel, and the general public and 1 to diligently guard and protect all work and materials, including Owner - furnished equipment. Construction equipment shall be suitably nightmarked and lighted as necessary for safety considerations. No separate payment will be made for providing ' lights on vehicles and equipment, signs, barricades, lights, flags, watchmen, and other protective devices, and the costs thereof shall be included in the contract price(s). ' 11.11 The Contractor shall comply with all applicable provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death and all cases of ' occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on the work under these Contract Documents. 1 The Contractor shall be solely responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods and for any damage which may result from their failure or their improper construction, maintenance, or operation. 11 .12 The Contractor shall conduct his operations in a manner that will offer the least possible obstruction and inconvenience to the public, and he shall not have under construction an amount of work greater than he can prosecute properly with due regard to the rights of the public. Construction operations shall be conducted in a manner that will cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, buildings, or other facilities in the vicinity of the work shall be maintained and temporary access facilities for public roadways shall 1 be provided and maintained in satisfactory condition. 11.13 Satisfactory facilities shall be provided by the Contractor for maintaining public access and travel, and every effort shall be made to reduce any necessary inconveniences to a minimum. 11.14 In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the t Engineer or Owner, shall act to prevent threatened damage, injury, or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from these Contract Documents caused thereby. 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 363 General Conditions 11.15 The Contractor shall carefully preserve all monuments, bench marks, property markers, reference points, and stakes. In case of his destruction thereof, the ' Contractor will be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or bench marks which must be removed or disturbed shall be protected until properly ' referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or bench marks. ' 11.16 Whenever, in the opinion of the Owner, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under these Contract Documents or of adjacent structures or property, and whenever, ' in the opinion of the Owner, an emergency has arisen and immediate action is considered necessary, then the Owner, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished ' and placed. The cost of such work and material shall be borne by the Contractor, and if the same is not paid on presentation of the bills thereof, such costs may be deducted from any amounts due or to become due the Contractor. The performance 1 of such emergency work shall not relieve the Contractor of responsibility for any damage which may occur. 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR's representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as 1 if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. 12.2 The Contractor shall supervise and direct the work efficiently using the best ' skill and attention and shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will be responsible to see that the finished work complies accurately with the ' Contract Documents. 12.3 The Engineer shall have the right to reject or demand replacement of such ' superintendent at any time, with or without cause, solely at the Engineer's discretion, based upon objective or subjective reasons, which reasons the Engineer may, but is not required to, disclose to the Contractor. 1 05/19/10 G003- 108\XA00700 1 00700 - 374 General Conditions 13. CHANGES IN THE WORK 13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER. 13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change and shall document the basis for the change in CONTRACT PRICE or TIME. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. ' 13.3 The Owner reserves the right to make at any time, without prior notice to the surety, such alterations in the Drawings or in the character of the work as the Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner and consistent with the intent of these Contract Documents. Notice of every such alteration or change shall be given in writing to the Contractor by the Engineer, and no such alteration or change shall be considered as constituting a waiver of any ' of the provisions of these Contract Documents or as nullifying or invalidating any of such provisions. Should any such alteration or change result in an increase or decrease in the quantity or the cost of the work or materials described in these 1 Contract Documents, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the contract time will be correspondingly modified, if the Contractor so requests, before commencing the work 1 attributable to such alterations or changes. 13.4 It is understood and agreed that the Contractor shall perform all extra work that may 1 be ordered in writing by the Engineer acting on the specific authority of the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Contractor shall be compensated as provided 1 hereinafter and in the Change Order covering the extra work. ' 13.5 Extra work is defined as: (1) that additional work of a different character or function and for which no basis of payment is prescribed in these Contract Documents; or (2) that work involving revisions of the details of the work in such manner as to render inequitable payment under items upon which the Contractor bid; or (3) that additional work of a similar nature and character as that done under the unit prices named in these Contract Documents. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 385 General Conditions 1 13.6 No claim for extra work will be considered unless said extra work was ordered in writing as aforesaid and the claim presented in writing to the Engineer within 30 days after receipt by the Contractor of the written order to perform said extra work. 13.7 If the performance of the extra work results in additional time being required by the ' Contractor to complete the work covered by these Contract Documents, said Change Order will provide for an equitable extension in the contract time. ' 13.8 All Change Orders, including a change in technical design or an increase in cost, must be approved by the Owner, the Engineer, and those governmental agencies whose approval is required. 13.9 Should the Contractor encounter, or the Owner discover, during the progress of the Work, subsurface or latent conditions at the site materially differing from those shown ' on the Drawings or indicated in the Specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Drawings and 1 Specifications, the Owner shall immediately be notified in writing of such conditions before they are disturbed. The Owner will thereupon promptly investigate the conditions. If the Owner finds that conditions do so materially differ, or are of an 1 unusual nature, and upon written request of the Contractor, an equitable adjustment will be authorized by Change Order. 13.10 If the Contractor does not immediately notify the Owner in writing of the belief that a field order, additional work by other contractors or the Owner, or subsurface, latent or unusual unknown conditions entitles the Contractor to a Change Order, no consideration for time 1 or money will be given the Contractor. 13.11 The Owner may, with the Contractor's concurrence, elect to postpone the issuance of a 1 Change Order until such time that a single Change Order of substantial importance can be issued incorporating several changes. In such cases, the Owner will indicate this intent for each change in the Contract in a written response to the Contractor's request 1 for a change, following agreement by the Owner and Contractor on the change's scope, price and time. 14. CHANGES IN CONTRACT PRICE ' 14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following ' methods in the order of precedence listed below: (1) Method A ' UNIT PRICES contained in the CONTRACTOR's Proposal for the same type or class or WORK. 1 05/19/10 G003- 108W400700 1 ' 00700 - 396 General Conditions 1 (2) Method B By an acceptable UNIT PRICE proposal from the CONTRACTOR. 1 (3) Method C By an acceptable LUMP SUM PRICE proposal from the CONTRACTOR. 1 (4) Method D If neither method "B" or "C" can be agreed upon before the changed or extra 1 WORK is started, then the CONTRACTOR shall be paid the "actual field cost" of the WORK plus 15 percent. ' 14.2 Whenever any change or extra WORK is to be done, for which UNIT PRICES for the same type or class of work are contained in the CONTRACT DOCUMENTS, such WORK shall be done and will be measured and paid for pursuant to "Method A" hereinabove set forth and applicable portion of the CONTRACT DOCUMENTS. 14.3 Methods B and C shall include an ITEMIZED COST BREAKDOWN for the material and labor involved, and a maximum of 15 percent for overhead and profit. In determining the amount payable to the CONTRACTOR, an additional 5 percent may be added to the amount payable to a SUBCONTRACTOR, but no pyramiding or additional percentage will be authorized for any WORK done by a SUBCONTRACTOR. 14.4 Resort will not be had, in any case, to "Method D" until negotiation has been entered into by the parties hereto under Methods B, or C as hereinabove set forth. ' 14.5 When any CHANGED or EXTRA WORK is performed under "Method D ", the term "ACTUAL FIELD COST" of such CHANGED or EXTRA WORK is hereby defined to be and shall include: (1) The actual payroll cost of all workmen such as foremen, equipment operators, mechanics, and laborers, for the time spent actually performing the CHANGED or EXTRA WORK. 1 (2) All materials and supplies incorporated in the CHANGED or EXTRA WORK. (3) All machinery and equipment for the time actually employed or used in the 1 performance or the change or extra WORK based on the appropriate State Department of Highway's Equipment Schedule in force at the date of the Change Order. ' (4) Any transportation charges necessarily incurred in connection with any equipment authorized for use on said CHANGED or EXTRA WORK but which is not already on the site. 1 05/19/10 G003- 108W400700 1 00700 - 407 General Conditions 1 (5) All power, fuel, lubricants, water, and similar operating expenses as well as other expendable materials. 1 (6) All incidental expenses incurred as a direct result of such CHANGED or EXTRA WORK, including payroll taxes and a prorated portion of the premium ' on the PERFORMANCE, PAYMENT and MAINTENANCE BOND, and, where the premiums therefore are based on payroll cost, on Public Liability and Property Damage Insurance, Workmen's Compensation Insurance, and ' Occupational Disease Disability Insurance, Builder's Risk, and other insurance required by the CONTRACT. ' (7) No repairs, replacements or other forms of overhead expense shall be included in "ACTUAL FIELD COSTS ". ' 14.6 The ENGINEER may direct the form in which the accounts of the ACTUAL FIELD COSTS shall be kept and may also specify in writing, before the WORK commences, the method of doing the WORK and the type and kind of machinery and equipment, if ' required, which shall be used in the performance of any CHANGED or EXTRA WORK under Method "D ". In the event that machinery and heavy construction equipment are required for such CHANGED or EXTRA WORK, the authorization and basis of 1 payment for the use thereof shall be stipulated in the CHANGE ORDER. 14.7 The 15 percent of the "ACTUAL FIELD COST" to be paid to the CONTRACTOR shall ' cover and be full compensation for the CONTRACTOR'S profits, overhead, general superintendence, and field office expense, and all other elements of cost not embraced within the "ACTUAL FIELD COST" as herein defined. In determining the 1 amount payable to the CONTRACTOR an additional 5 percent may be added to the amount payable to a SUBCONTRACTOR, but no "pyramiding" or additional percentage will be authorized for any WORK done by SUBCONTRACTORS. 14.8 When compensation for extra work is provided under paragraph 14.1 above, the Contractor's representative and the Engineer shall compare records of extra work 1 done at the end of each day. Such records shall be made in duplicate upon a form provided for such purpose by the Engineer and shall be signed by both representatives referred to herein, one copy being submitted to the Engineer and the 1 other being retained by the Contractor. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be 1 commenced on a date specified in the NOTICE TO PROCEED. 15.2 The CONTRACTOR will proceed with the WORK at such a rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into 05/19/10 G003- 108\XA00700 1 ' 00700 - 418 General Conditions 1 consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the ' OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 1 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the ENGINEER. 15.4.1 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, fires, floods, ' epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.2 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in this article. ' 15.5 The assessment of liquidated damages for failure to complete the WORK within the CONTRACT TIME shall not constitute a waiver of the OWNER's right to collect any additional damages which the OWNER may sustain by failure of the CONTRACTOR 1 to carry out the terms of his CONTRACT. 15.6 Time extensions, however, will not be granted for rain, wind, flood or other natural phenomena of normal intensity for the locality where WORK is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous 1 one -fourth of the CONTRACT PERIOD involved with the average of the preceding 5 year climatic range during the same time interval based on US Weather Bureau statistics for the locality where the WORK is performed. 15.7 An extension of the CONTRACT PERIOD may be granted by the OWNER for any of ' the following reasons: (1) Additional WORK resulting from a modification of the CONTRACT DOCUMENTS for the PROJECT. I 2 Any () y priority or allocation order duly issued by the ' Government. 1 05/19/10 G003- 108\XA00700 1 00700 - 429 General Conditions 1 (3) Unforeseeable cause beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God which are ' unusual weather phenomena, or acts of the public enemy, acts of the OWNER, fires, epidemics, quarantine restrictions, industry-wide strikes, freight embargoes, and severe weather as provided above. 1 (4) Delays of a CONTRACTOR'S SUBCONTRACTORS or suppliers occasioned by any of the causes specified in (2) and (3) hereof. 1 15.8 Provided, however, the CONTRACTOR shall notify the OWNER through the ENGINEER of the alleged cause of such delay as hereinbefore required. The OWNER shall ascertain the facts and the extent of the delay with the assistance of the ENGINEER. 15.9 The number of days used in determining the amount of liquidated damages to be paid by the Contractor for delay in completing the work shall be determined by subtracting the contract time and any time extensions thereof from the time actually required for the completion of the work. The time actually required for the completion of the work is defined as the total number of calendar days from the date of the Notice to Proceed to the date of substantial completion. ' 15.10 This provision for liquidated damages shall be effective between the parties ipso facto without necessity for demand or putting in default by any notice or other means than ' by the terms of these Contract Documents, the Contractor hereby waiving any such other notice of default and acknowledging that the Contractor shall be deemed to be in default by the mere act of his failure to complete the work within the contract time, or within any valid extension of such time hereunder. 15.11 It is understood and agreed that these liquidated damages are not a penalty, but 1 constitute liquidated damages for loss to the Owner because of increases in expenses for administration, legal counsel, accounting, engineering and construction supervision, and inspection and any other expenses incurred directly as a result of the 1 delay of the Contractor in completing the work. ' 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether 1 incorporated in the construction or not, and the CONTRACTOR shall promptly replace and reexecute the WORK in accordance with the CONTRACT DOCUMENTS and ' without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement. 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 30 General Conditions 16.2 All removal and expense. replacement WORK shall be done at the CONTRACTOR's ex p p If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 16.3 If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the 1 Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. 17. SUBSURFACE CONDITIONS 17.1 The Owner makes no representations about any subsurface conditions that may be encountered within the scope of the project. The Contractor should satisfy himself /herself by onsite inspections, core drillings, or other methods of the ' subsurface conditions that may be encountered. The risk of encountering and correcting such subsurface condition shall be borne solely by the Contractor, and the contract price shall include the cost of performing the work complete -in- place. 18. SUSPENSION OF WORK, TERMINATION, AND DELAY ' 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which notice shall fix ' the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. 1 1 1 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 -31 General Conditions 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for ' the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he ' fails to make prompt payments to SUBCONTRACTORS or for labor, materials, or equipment or if he disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction of the WORK or if he disregards the authority of the ' ENGINEER, or if he otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from ' delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment, and machinery thereon owned by the CONTRACTOR, and finish the ' WORK by whatever method he may deem expedient. In such case the 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 and t indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the ' OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. ' 18.3 Where the CONTRACTOR's services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due to the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. 18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case, the CONTRACTOR shall be paid for all WORK executed plus reasonable profit. 18.5 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the ' OWNER or ENGINEER. 18.6 The Contractor shall not suspend the work and shall not remove any equipment, tools, ' supplies, materials, or other items without the written permission of the Owner or Engineer. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 32 General Conditions 18.7 The Owner shall have the authority to suspend the work wholly or in part, for such Y p Y p ' period as he may deem necessary, due to unsuitable weather; such other conditions as are considered unfavorable for the suitable prosecution of the work; or due to the failure on the part of the Contractor to carry out orders given, prosecute the work ' satisfactorily and in a workmanlike manner, or to perform any obligations or requirements of these Contract Documents. The Contractor shall immediately comply with the written order of the Owner to suspend the work wholly or in part. The ' suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Owner. ' 18.8 In the event that a suspension of the work is ordered by the Owner, the Contractor shall at his expense do all the work necessary to secure the work and the area affected by the work and to protect all previously completed work as specified herein or as directed by the Owner. The suspension of the work by the Owner shall not relieve the Contractor of any duties, obligations, or responsibilities set forth in these Contract Documents. In the event the Contractor fails to secure and protect the work ' and area as specified or as ordered, the Owner and /or Engineer will perform, or cause to be performed, all work considered necessary by the Engineer and the cost thereof will be deducted from moneys due or to become due the Contractor under the terms of these Contract Documents. 18.9 During unfavorable weather, wet ground, or other unsuitable construction conditions, 1 the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would adversely affect the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. 1 1 1 1 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 33 General Conditions 1 19. PAYMENTS TO CONTRACTOR 19.1 At least ten (10) days before each progress payment falls due (but not more than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed ' during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably 1 stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER's title to the material and equipment and protect his interest therein, including applicable ' insurance. The ENGINEER will either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to ' approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will pay the CONTRACTOR a progress payment on the basis of the approved partial payment ' estimate. The OWNER shall retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of the ' WORK has been completed, if he finds that satisfactory progress is being made, may reduce retainage to five (5 %) percent on the current and remaining estimates. When the WORK is SUBSTANTIALLY COMPLETE (operational or beneficial occupancy), the retained amount will be further reduced below five (5) percent to two hundred ' (200) percent of the value of the outstanding Work. On completion and acceptance of a part of the WORK on which the price is stated separately in the CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, Tess authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major 1 materials and equipment which are suitably stored either at or near the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the concurrence of the ' CONTRACTOR, may use any completed or SUBSTANTIALLY COMPLETED portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. ' 19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed 1 as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. 1 1 05/19/10 G003- 108\XA00700 1 00700 -34 General Conditions 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted by ' him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR ' within thirty (30) days of completion and acceptance of the WORK. 19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER's agents harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER ' may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to ' impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.7 No separate payment will be made for any items specified in the General Conditions. Payments for such items shall be included in the unit price and lump sum prices bid by the Contractor for items listed in the Bid Schedule. ' 19.8 The Contractor shall accept compensation provided in these Contract Documents as full payment for furnishing all labor, materials, supplies, tools, equipment, taxes, fees, employee benefits, incidentals, service, transportation, risk, contingencies, and other items necessary or convenient to the completed work and for performing all work contemplated and embraced in these Contract Documents; for loss or damage arising from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the ' acceptance by the Owner; for all risks of every description connected with the prosecution of the work; for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in these Contract Documents; and for ' completing the work in accordance with these Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material or of any provisions of these Contract Documents. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 35 General Conditions 19.9 No compensation will be made in any case for loss of anticipated profits. 19.10 The basis of payment shall be the contract unit prices and /or contract lump sum price(s) named in these Contract Documents. 19.11 The measurement of quantities shall be made by the Engineer in accordance with the Specifications and other Contract Documents. ' 19.12 If the Contract is based on a unit price bid, the items of work to be measured and the units of measurement shall be as set forth in the Bid Proposal Form. Only net quantities of finished work will be measured. Any items of work not set forth in the Bid Proposal Form, but necessary or convenient for the satisfactory completion of the work under the terms of these Contract Documents, shall not be measured separately and shall be considered a part of said items of work set forth in the Bid Proposal Form. 19.13 If the Contract is based on a lump sum bid, the measurement of quantities for ' progress estimates and progress payment requests will be made by the Contractor, subject to the Engineer's approval, and will be based on items of work and the value thereof contained in the Contractor's Schedule of Values. A final measurement of 1 quantities will not be required. 19.14 The Contractor may submit to the Engineer, on forms furnished by the Engineer, a progress payment request for the amount of work accomplished, products furnished, and products stored at the site during the previous month. Ten (10) signed copies of each request shall be furnished. The progress payment request shall be signed by the 1 Contractor and be supported by such data as the Engineer may reasonably require. If payment is requested for products not incorporated in the work but delivered and suitably stored at or near the site, the progress payment request shall also be ' accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to said products and protect his interest therein, including appropriate insurance. The Contractor shall furnish a proper and duly executed written authorization designating those persons who will be authorized to sign and /or certify progress payment requests for the Contractor. 1 19.15 It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, ' materials, or products and shall not relieve the Contractor in any way from his responsibilities and obligations under these Contract Documents. ' 19.16 A partial payment will not be made when, in the judgment of the Owner or the Engineer, the work is not proceeding in accordance with any of the provisions of these Contract Documents. 1 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 36 General Conditions 1 19.17 Upon completion of the work and after final acceptance of the work by the Owner, the Engineer will be authorized to prepare a final estimate of the work performed by the ' Contractor under these Contract Documents and to prepare a final payment request. Preparation of the final estimate and final payment request will not be authorized until the affidavits, releases of liens, and other statements and certifications required of the Contractor under these Contract Documents have been received by the Owner. The Engineer will submit to the Owner the final estimate and the final payment request, together with a certification stating that the work is complete and in substantial conformance with these Contract Documents. The entire balance found to be due the Contractor, including retained percentages, but except such sums as may be retained under any provisions of these Contract Documents, will be paid to the Contractor. 19.18 Final payment to the Contractor by the Owner shall not serve to release the Contractor or his sureties from their obligations or responsibilities under or in connection with these Contract Documents. 19.19 The acceptance by the Contractor of final payment shall be and shall operate as a ' release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the work under these Contract Documents and for 1 every act and neglect of the Owner and others relating to or arising out of this work. 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE ' 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the 1 CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others 1 relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND 1 and Payment BONDS. ' 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will ' protect him from claims set forth below which may arise out of or result from the CONTRACTOR's execution of the WORK, whether such execution be by himself or by any other SUBCONTRACTOR or by anyone directly or indirectly ' employed by any of them, or by anyone for whose acts any of them may be liable: 1 1 05/19/10 G003- 108\XA00700 ' 00700 - 37 General Conditions 21.1.1 Claims under workman's compensation, disability benefit, and other similar employee benefit acts; 1 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; 21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and 21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. ' 21 .2 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These 1 Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at least thirty (30) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified. The limits of liability the CONTRACT TIME, liability insurance as hereinafter specified. The limits of liability must be at least equal to the limits carried by Augusta- Richmond County. 1 21.3.1 CONTRACTOR's General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of or ' damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by any ' SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability not less than $1,000,000 aggregate for any such damages sustained by two or more persons ' in any one accident. Insurance shall be written with a limit of liability of not less than $1,000,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two or more persons in any one accident. 05/19/10 G003- 108\XA00700 1 1 00700 -38 General Conditions 1 21.3.2 The CONTRACTOR shall acquire and maintain Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTOR as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR's Surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 21.4 The CONTRACTOR shall procure and maintain, at his own expense, during the ' CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed, WORKMEN'S Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such ' employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this CONTRACT at the site of the PROJECT is not protected under WORKMEN'S Compensation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. ' 21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, ' the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke ' during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, the ENGINEER, and the OWNER. 21.6 Each insurance policy shall be renewed 30 days before the expiration date thereof. 21.7 Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approved by the Owner's Attorney. 1 21.8 The Contractor's and his subcontractor's public liability and property damage insurance shall provide protection in the amounts specified in Paragraph ' 21.3.1 of the General Conditions against the following special hazards: 1. Damage by blasting; ' 2. 3. Damage to existing structures; Damage to private driveways, walks, shrubbery, plantings, etc.; 4. Damage to public utilities, electric, water, telephone, gas, sewerage, etc.; 5. Damage to US government markers. The insurance certificates themselves must contain the naming of the aforestated 1 special hazards. 05/19/10 G003- 108\XA00700 1 00700 - 39 General Conditions 21.9 The Contractor shall not commence work under this Contract until he has obtained all of the insurance required and such insurance has been approved by the Owner, nor ' shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. ' 21.10 In the event any insurance coverage should be canceled or allowed to lapse, the Contractor will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to keep insurance policies in effect WILL NOT be cause for any claims ' for extension of time under this Contract. 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal ' sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions, and agreement of the CONTRACT DOCUMENTS, and upon the prompt payment by ' the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to ' transact such business in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these BONDS shall ' be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal 1 Bonds, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such 1 BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 22.2 Payment Bond in the amount of 100 percent of the contract price and a Performance Bond in the amount of 100 percent of the contract price shall be required in the form set forth in the Contract Documents. ' 22.3 Whenever a Construction and Maintenance or Maintenance Bond may be required in these Contract Documents, the same shall be the Performance Bond included herein. ' 22.4 The attorney -in -fact or officer who signs the Performance Bond and the Payment Bond for a surety must file with such bond a certified copy of his power of attorney authorizing him to do so. 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 40 General Conditions 23. ASSIGNMENTS ' 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or otherwise dispose of the CONTRACT or any portion thereof, or of his right, title, or interest therein, or his obligations thereunder, without written consent of the other party. 23.2 In case the Contractor assigns all or any part of any money due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any money due or to become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations for services rendered or materials supplied for the performance of ' the work called for in these Contract Documents. 24. INDEMNIFICATION 24.1 The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, t losses, and expenses, including, but not limited to attorney's fees, arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss, or expense 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 but only to the extent caused in whole or in part by any negligent acts, willful act, or omissions of the CONTRACTOR, a SUBCONTRACTOR, ' anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. ' 24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employees of the 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 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's 1 compensation acts, disability benefit acts, or other employee benefit acts. t 24.3 It is understood and agreed that the Contractor shall be deemed and considered an independent contractor in respect to the work covered by these Contract Documents and shall assume all risks and responsibility for casualties of every description in ' connection with the work, except that he shall not be held liable or responsible for delays or damage to work caused by acts of God, acts of public enemy, quarantine restrictions, general strikes throughout the trade, or freight embargoes not caused or ' participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and final acceptance of the work by the Owner. ' 24.4 The Contractor shall require his insurance carrier to add the Owner, the Engineer and their agents as additional insured under the Contractor's general liability insurance policy with respect to the services performed by the contractor for the Owner. 1 05/19/10 G003- 108\XA00700 1 00700 - 41 General Conditions 25. SEPARATE SE ARATE CONTRACTS 25.1 The OWNER reserves the right to let other CONTRACTS in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. 1 25.2 The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other CONTRACTS containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such CONTRACTS (or the OWNER, if he is performing the additional WORK himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs. 26. SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in excess of fifty (50) percent of the CONTRACT PRICE, without prior written approval of the OWNER. 26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 26.4 See Paragraph 26.11 of these General Conditions. 26.5 Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. 26.6 The Contractor shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 42 General Conditions 26.7 The Contractor may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Contractor submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. "Work" as used herein, shall include the procurement and /or fabrication and the installation of ' the equipment described in the Specifications. 26.8 The Contractor shall be as fully responsible to the Owner for the acts and omissions ' of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of the Contractor. 1 26.9 The approval of the Owner of any subcontractor shall not, under any circumstances, operate to relieve the Contractor or his sureties of any of his or their obligations under these Contract Documents. It is understood and agreed that all subcontracts and approvals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract Documents; and should any subcontractor fail to perform his work to the satisfaction of the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Contractor or entirely or in part through other approved subcontractors. 26.10 The Contractor shall submit a list of the names and addresses of proposed ' subcontractors, together with the type of work to be provided, with his bid. The Contractor will not be allowed to make changes in the list without the Owner's approval. ' 26.11 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of these ' Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of these Contract Documents. 26.12 The Contractor shall inspect all work performed by subcontractors for compliance with these Contract Documents. 27. ENGINEER'S AUTHORITY 27.1 The ENGINEER shall act as the OWNER's representative during the construction p 9 ' period. He shall decide questions which may arise as to quality and acceptability of materials furnished and WORK performed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER may make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. 1 05/19/10 G003- 108\XA00700 1 00700 - 43 General Conditions 27.2 The CONTRACTOR shall perform all of the WORK herein specified under the general direction, and to the entire satisfaction, approval, and acceptance of the Engineer. The Engineer shall decide all questions relating to measurements of quantities, the character of the WORK performed and as to whether the rate of progress is such that the WORK will be completed within the time limit of the Contract. All questions as to ' the meaning of these Specifications will be decided by the Engineer. 27.3 The approval of the Engineer of any materials, plants, equipment, Drawings, or of any ' other items executed, or proposed by the Contractor, shall be construed only to constitute an approval of general design. Such approval shall not relieve the Contractor from the performance of the WORK in accordance with the Contract Documents, or from any duty, obligations, performance guarantee, or other liability imposed upon him by the provisions of the Contract. 27.4 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship, and execution of the WORK. Inspections may be made at the factory or fabrication plant of the source of 1 material supply. 27.5 The ENGINEER will not be responsible for the construction means, controls, 1 techniques, sequences, procedures, or construction safety. 27.6 The ENGINEER shall promptly make decisions relative to interpretation of the 1 CONTRACT DOCUMENTS. 27.7 The Engineer may appoint such inspectors as he may desire. Inspection will extend to ' all parts of the work and to the preparation and manufacture of the materials to be used. An inspector is placed on the work to keep the Engineer and Owner informed as to the progress of construction and the manner in which it is being done and also to 1 call to the attention of the Contractor any deviation from the Drawings and Specifications. 27.8 The inspectors have the authority to reject defective material or work that is being improperly done subject to the final decision of the Engineer. The inspectors are not ' authorized to revoke, alter, enlarge, or relax the provisions of these conditions, nor are they authorized to approve or accept any portion of the completed work, or to issue instructions contrary to the Drawings and Specifications. 27.9 The Contractor may request written instructions from the Engineer upon any important items which lie within the inspector's jurisdiction. 1 1 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 44 General Conditions 1 27.10 In providing the Owner with consulting and inspection services during construction, the Engineer and his employees do not assume any duty to supervise construction ' and safety procedures followed by any contractor, subcontractor and /or their respective employees or to any other person; nor for any public liability or for property damage caused through acts of the Contractor, subcontractor, and /or their respective employees or any other persons. 27.11 The Engineer will act as the Owner's representative during the construction period. The ' Engineer will decide questions which may arise as to quality and acceptability of products furnished and Work performed. The Engineer will interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the ' site and determine if the Work is proceeding in accordance with the Contract Documents. The Engineer will judge as to the accuracy of quantities submitted by the Contractor in partial payment estimates and the acceptability of the Work which these 1 quantities represent. The decisions of the Engineer will be final and conclusive. 28. LAND AND RIGHTS -OF -WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights -of -way necessary for carrying out and for the completion of the WORK to be ' performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. ' 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights -of -way acquired. ' 28.3 The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. ' 28.4 In the event all land and rights -of -way have been obtained as herein contemplated before construction begins, the Contractor shall begin the work upon such land and 1 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 land and rights -of -way. Should the Owner be prevented or enjoined from proceeding with the 1 work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of- way for the work, the Contractor shall not be entitled to make or assert 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 such time as the 1 Owner determines will compensate for the time lost by such delay, such determination to be set forth in writing. 1 1 05/19/10 G003- 108\XA00700 1 ' 00700 - 45 General Conditions 29. WARRANTY 1 29.1 The CONTRACTOR shall warrant all materials and equipment furnished and WORK performed for a period of one (1) year from the date of FINAL ACCEPTANCE BY OWNER. The CONTRACTOR warrants for a period of one (1) year the completed ' system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the ' system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such ' defects, the owner may do so and charge the CONTRACTOR the cost thereby incurred. The PERFORMANCE BOND shall remain in full force and effect through the warranty period. 30. TAXES, PERMITS AND LICENSES 30.1 The CONTRACTOR will pay all sales, consumer, use, and other similar taxes required by the law of the place where the WORK is performed. ' 30.2 The Contractor shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price(s) for the work. 30.3 The Contractor shall procure all temporary permits and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price(s) for the work. ' 31. DISPUTES 31 .1 Disputes shall be settled in the Superior Court of Richmond County where the Owner is located. 32. CONTRACT PROVISIONS REQUIRED BY LAW 32.1 It is understood and agreed that each and every provision and clause required by local, state, and federal laws to be inserted in these Contract Documents shall be deemed to be inserted herein in their entirety, and the Contract Documents shall be ' read and enforced as though they were included herein. If through mistake or otherwise any such provision or clause is not inserted or is not correctly inserted, these Contract Documents shall forthwith be physically amended to make such insertion or correction upon the application of either party of the Contract. 1 05/19/10 G003- 108\XA00700 1 00700 - 46 General Conditions 33. PROHIBITED INTEREST ' 33.1 No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 33.2 No official of the Owner who is authorized in such capacity and on behalf of the ' Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the ' project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply ' contract, subcontract, insurance contract, or any other contract pertaining to the project. ' 34. USE OF PREMISES AND REMOVAL OF DEBRIS 34.1 The Contractor expressly undertakes at his own expense: (a) To take every precaution against injuries to persons or damage to property; 1 (b) To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the 1 progress of his work or the work of any other contractors; (c) To place upon the work or any part thereof only such loads as are 1 consistent with the safety of that portion of the work; (d) To clean up frequently all refuse, rubbish, scrap materials, and debris ' caused by this operation, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance; 1 (e) Before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from his operations, and 1 to put the site in a neat, orderly condition; (f) To effect all cutting, fitting, or patching of his work required to make the 1 same conform to the Drawings and Specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any 1 other contractor. 05/19/10 G003- 108\XA00700 1 1 00700 - 47 General Conditions 1 35. ESTIMATE OF QUANTITIES 35.1 When the Bid Proposal Form contains the provision for receiving bids based on unit prices for various items comprising the complete work, the quantities indicated are approximate only, being given as a basis for comparison of bids. The Owner does not, ' expressly or by implication, agree that the actual quantity of the items will correspond with the estimated quantity shown in the Bid Proposal Form, and reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions 1 of the work, as may be deemed necessary or advisable by the Engineer. 35.2 When the Bid Proposal Form contains the provision for receiving bids based on a lump sum price, the Contractor shall be held responsible for having prepared his own estimate of the quantities necessary for the satisfactory completion of the work specified in these Contract Documents and for having based the lump sum price bid 1 on his estimate of quantities. 35.3 It is understood and agreed that the Contractor shall be held responsible for the ' inclusion of the cost of all incidental items of work necessary or convenient for the satisfactory completion of the work, in accordance with and within the intent of these Contract Documents, in the price(s) bid and that the price(s) bid provide for the 1 satisfactory completion of the work specified in these Contract Documents. 36. CONTRACTOR's OBLIGATIONS 36.1 The Contractor shall in good workmanlike manner perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, except as herein 1 otherwise expressly specified, necessary or proper to perform and complete the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the ' Drawings covered by this Contract and all supplemental Drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and ' such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract 1 and Specifications and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner. 36.2 The Contractor shall restore disturbed areas to original or better condition. 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 48 General Conditions 36.3 When work erformed under this Contract is in areas where easements and working g ' agreements have been obtained by the Owner on private properties, it shall be the responsibility of the Contractor to protect trees, shrubs, gardens, etc., insomuch as is possible and to restore said properties to the satisfaction of the property owners. Said protection and restoration shall include but not be limited to the fencing off of trees and shrubs, transplanting of trees and shrubs, etc., replacing topsoil removed with topsoil of equal or better quality, regrassing, and replacing fences. All expenses for said protection and restoration shall be borne by the Contractor, and no separate payment shall be made for this work. 36.4 When work is done on private property in easements and working agreements obtained by the Owner, the Contractor shall furnish affidavits from the property owners attesting to the fact that their property has been satisfactorily restored before 1 that portion of the work will be considered for final payment. 37. PAYMENTS BY CONTRACTOR 37.1 The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered; (b) for ' all materials, tools, and other expendable equipment to the extent of 90 percent of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the t balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used; and (c) to each of his subcontractors, not later than the 5th day following ' each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractor's interest therein. 1 38. WAIVER 38.1 It is expressly understood and agreed that any waiver granted by the Engineer or the Owner of any term, provision, or covenant of this Contract shall not constitute a precedent nor breach of the same or any other terms, provisions, or covenants of this Contract. 38.2 Neither the acceptance of the work by the Owner nor the payment of all or any part of 1 the sum due the Contractor hereunder shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or surety under this Contract or otherwise. 1 05/19/10 G003- 108\XA00700 1 1 00700 - 49 General Conditions 39. CHEMICALS 39.1 All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all chemicals and disposal of residues shall strictly conform with the manufacturer's instructions. 40. CONNECTING OF EXISTING WORK 40.1 The Contractor shall remove such existing masonry and piping as is necessary in order to make the proper connections to these structures at the locations shown. Also, ' he shall make the necessary pipeline, roadway, and other connections at several points in order that on completion of the Contract, all required flows may flow through the several pipelines and structures. No extra payment shall be made for this work, ' but the entire cost of the same shall be included in the price bid for the various items of the work to be done under this Contract. 41. PROGRAM AND METHOD OF CONSTRUCTION 41.1 The order or sequence of execution of the work, the methods of construction, the ' general conduct of the work, and the general arrangements of the construction plant to be installed shall at all times be subject to the approval and direction of the Engineer. If at any time before the commencement or during the progress of the work, 1 or any part of it, such methods, features, and appliances used or to be used appear to the Engineer as unsafe, insufficient, or improper, he may order the Contractor to increase their safety or efficiency or to improve their character, and the Contractor 1 shall conform to such orders, but the failure of the Engineer to demand any increase of such safety, efficiency, adequacy, or any improvement shall not release the Contractor from his obligation to secure the safe conduct and quality of the work 1 specified. 42. BUILDING AND SHANTIES 1 42.1 No shanties, camps, or buildings for the housing of men employed on the work shall P g 9 1 be erected on land owned or leased by the Owner unless a permit, in writing, is secured from the Owner allowing their construction. Should permission be asked and granted, the Contractor must comply with all regulations regarding the construction and maintenance of such buildings. 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 50 General Conditions 43. SEWAGE, SURFACE, AND FLOOD FLOWS ' 43.1 The Contractor shall furnish all necessary equipment, materials, and labor at his expense for handling, passing, and disposing of all sewage, seepage, surface, subsurface, and flood flows encountered at any time during the prosecution of the ' work. It is understood and agreed that the Contractor shall bear all risks associated with said flows; shall indemnify the Owner and the Engineer from any liabilities resulting from said flows; and shall not make any claim for additional compensation for ' delays or damage resulting from said flows. The manner of providing for these flows shall be satisfactory to the Engineer and in conformance with all applicable laws and regulations. 1 43.2 The Contractor will minimize siltation and bank erosion during construction. ' 43.3 During the period of construction the Contractor shall cooperate with the Owner's employees in maintaining all existing facilities in operation. The cost of any temporary connections or bypasses shall be included in the price bid for other items of work under this Contract as no separate payment will be made. 43.4 No wastewater will be bypassed during construction unless a schedule has been ' approved by the applicable state Department of Public Health and the EPA if required pursuant to terms of NPDES permit. 44. OBSTRUCTIONS ENCOUNTERED 44.1 In addition to showing the structures to be built under this Contract, the Drawings 1 show certain information obtained by the Owner regarding the pipelines and other structures which exist along the site of the work, both at and below the surface of the ground. The Owner expressly disclaims any responsibility for the accuracy or completeness of the information, said structures and pipelines being shown only for the convenience of the Contractor who must verify the information to his own satisfaction. The giving of this information upon the Drawings will not relieve the 1 Contractor of his obligations to support and protect all pipelines and other structures which may be encountered during the construction of the work and to make good all damages done to such pipelines and structures as provided in these General 1 Conditions. 1 1 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 51 General Conditions 1 45. USE OF STREETS ' 45.1 During the progress of the work, the Contractor shall make ample provision for both vehicular and foot traffic on any public road and shall indemnify and save harmless the Owner from any expense whatsoever due to his operations over said roadways. ' The Contractor shall also provide free access to all fire hydrants and water and gas valves located along the line of his work. Gutters and waterways must be kept open or other provisions made for the removal of storm water. Street intersections may be ' blocked only one half at a time, and the Contractor shall lay and maintain temporary driveways, bridges, and crossings such as in the opinion of the Engineer are necessary to reasonably accommodate the public and to provide access to needed t private driveways. In the event of the Contractor's failure to comply with these provisions, the Owner may cause the same to be done and will deduct the cost of such work from any money due or to become due the Contractor under this Contract, but the performance of such work by the Owner or at its insistence shall serve in nowise to release the Contractor from his general or particular liability for the safety of the public or the work. ' 45.2 Required line crossings of all streets and roads shall be done in accordance with the applicable state Department of Transportation procedures. 45.3 The Contractor will be permitted to close a street when necessary for the proper prosecution of the work. The Contractor shall keep the Police and Fire Departments continuously informed as to his intentions to close streets and give the Police Department sufficient notice in order that "No Parking" signs may be placed at the proper time to clear the street for construction. ' 45.4 The Contractor shall maintain proper barricades and flagmen to detour traffic. 1 45.5 At all times, the Contractor is responsible for damage to City and County streets as a result of their use in this project. The streets must be kept clear of all dirt, stone, or ' other debris. All debris, dirt, etc., whether cause by rains storms, spillage from trucks or otherwise, shall be kept out of sewers. The Contractor is responsible for and may not plead ignorance of City and County ordinances and amendments hereto that may ' affect the use of streets sewers. 46. ACCESS BY REPRESENTATIVES OF GOVERNMENTAL AGENCIES 46.1 The authorized representatives and agents of all governmental agencies involved in this project shall have access to the work at all times and shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor shall provide proper facilities for the access and inspection of the work by such persons. 1 1 05/19/10 G003- 108\XA00700 1 1 00700 - 52 General Conditions 1 47. LOCAL AND STATE LAWS 1 47.1 The Contractor shall abide by all local and state laws or ordinances to the extent that such requirements do not conflict with federal laws or regulations. ' 49. NEW JOB OPPORTUNITIES 49.1 The Contractor shall: a. To the maximum extent practicable, follow hiring and employment practices which will assure that performance of the work results in new ' job opportunities for the unemployed and the underemployed; and b. Insert or cause to be inserted the same or similar provisions in each construction subcontract. 50. CONSTRUCTION RESTRICTIONS 50.1 Heavy construction machinery shall not be used within five hundred (500) feet of residential areas between the hours of 7:00 p.m. and 7:00 a.m. ' 50.2 No blasting or drilling shall be allowed. 51. LEAD BASED PAINT AND JOINT SEALERS 51.1 No lead based paints, protective coatings, or joint sealers may be used on this project. 52. COOPERATION WITH PUBLIC UTILITIES 52.1 The Contractor shall notify the owners of adjacent utilities when the prosecution of the work may affect the utility facilities or operation. The Contractor shall perform and carry on the work so as not to interfere with or damage utility facilities in the vicinity of the work. The Contractor shall take every possible precaution to properly protect and preserve, including temporary supports and bracing where necessary, the utility ' facilities from damage, injury, or displacement. The Contractor shall remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, or any person directly or indirectly ' employed or engaged by the Contractor or a subcontractor or any person for whose acts the Contractor or a subcontractor is liable. ' 52.2 The Owner and the Engineer will not be responsible for any delay in performing the work resulting from the existence, removal, or adjustment of any utility facilities. Additional costs incurred by the Contractor as a result thereof shall be borne solely by the Contractor. 05/19/10 G003- 108\XA00700 1 00700 53 General Conditions 52.3 Utility facilities, such as water mains, gas mains, storm sewers, sanitary sewers, telephone lines, power lines, and buried facilities and structures in the vicinity of the work are indicated on the drawings only to the extent such information has been made available to or discovered by the Engineer during the course of preparing the Drawings. The actual locations of the utility facilities may vary from the locations ' shown and there may be utility facilities existing that are not indicated on the Drawings. It is understood and agreed that there is no guarantee as to the accuracy or completeness of the utility information indicated on the Drawings and all responsibility ' for the accuracy or completeness thereof is expressly disclaimed. Generally, service connections are not indicated on the Drawings. 52.4 The Contractor shall be solely responsible for locating all existing underground facilities, including service connections, in advance of excavating, trenching, or other work, by contacting the owners of the facilities or prospecting. The Contractor shall ' use his own information and shall not rely upon any information shown on the Drawings concerning utility facilities. ' 52.5 In the event of accidental damage to or disruption of utilities by the Contractor or any of his subcontractors or agents, the Contractor shall immediately take all necessary steps to replace any pieces of damaged equipment and all damaged materials, make ' all necessary repairs, and restore all services to normal. The Contractor shall engage any and all required additional labor, individuals, subcontractors, or other outside services which may be deemed necessary to operate on a continuous "around -the- 1 clock" basis until services are restored. He shall also provide and install all required equipment and materials to maintain temporary emergency services for uninterrupted use of facilities. All costs involved in making the repairs and restoring the disrupted 1 service to normal shall be borne by the Contractor responsible for any and all damage claims resulting from such disruption. 52.6 Under no circumstances shall the Contractor or any of his subcontractor or agents disrupt or disconnect any type of facility whatsoever without first obtaining the written permission of the utility owner to do so. Request for disruption or disconnection shall 1 state: ' 1. The location of the required disconnect and which utility is concerned. 2. The exact date and time at which the disconnect will be required. 3. The duration of the proposed disconnect or interruption. 1 1 05/19/10 G003- 108\XA00700 ' 00700 - 54 General Conditions 52.7 Where it is necessary to temporarily interrupt services, the Contractor shall notify the utility owner, both before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the Contractor shall obtain 1 permission from the owners thereof, or shall make suitable arrangements for their disconnection by the owners. Where it is necessary to temporarily interrupt house services, the Contractor shall notify the house owner or occupant, both before the ' interruption and again immediately before service is resumed. Should underground utilities or structures be encountered that are in minor conflict with the alignment or gradient of the proposed work, the proposed work may be adjusted by the Engineer ' where such adjustment is feasible and will not interfere with the operation of the proposed system. No payment will be made for these adjustments. Where major conflicts in the proposed work and existing utilities or structures occur and adjustment of the new work is not feasible, then the Engineer may revise the alignment and /or grade to suit these conditions. If, in the opinion of the Engineer, these revisions are necessary and are outside the scope of the bid items, they will be paid for as extra work. 53. ABANDONMENT OR TERMINATION OF CONTRACT 1 53.1 For contracts over $10,000, the Owner reserves the right to abandon the Contract if it will be in the Owner's best interest. The Contractor will be paid a fair payment, as 1 negotiated with the Owner, for the work completed to date. 54. EVIDENCE OF PAYMENT 54.1 The Contractor may be asked to present acceptable evidence from time to time that all bills have been paid for labor, materials, and equipment for which payment on account ' has been made in monthly estimates. Before final payment is made, the Contractor shall, if required by the Owner, present a sworn affidavit that all labor, materials, equipment, and services engaged for the work have been paid in full and that there are 1 no outstanding debts or liens on any portions of the work. 55. ACCESSIBILITY OF RECORDS 1 55.1 The Owner, representatives of applicable federal agencies, the Comptroller General of the United States, or any of their duly authorized representatives, for a period of 3 years ' beyond completion of the Contract, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions of contracts in excess of 1 $10,000. 1 1 05/19/10 G003- 108\XA00700 ' 00700 - 55 General Conditions 56. ARCHAEOLOGICAL PLAN FOR IDENTIFICATION AND EXCAVATION OF ' SIGNIFICANT SITES 56.1 Identification and Excavation: 1 Since no known sites are to be directly impacted by proposed construction, no plans have been made for archaeological excavations prior to construction. Due to the ' possibilities that sites may be encountered during construction, the following procedure has been established: ' A. The Engineer shall be instructed to notify either a local professional archaeologist or the director of the state Division of Archaeology in the event that concentrations of shells, pottery fragments, bones, beads, flint projectiles, etc., are encountered during construction. B. Construction shall be stopped immediately in the area in question and will be diverted to other areas so as to provide for minimal delays in construction. C. If the site is determined to be significant, the Engineer and Contractor shall cooperate with the archaeologist(s) so that salvage archaeology may be ' arranged and carried out expediently. The Contractor shall not be held responsible for unreasonable delays associated with salvage archaeology operations. 1 END OF SECTION 1 1 1 1 1 1 1 05/19/10 G003- 108\XA00700 Section 00800 Supplemental General Conditions 0. GENERAL 0.1 SUPPLEMENTS: The supplements contained in these Supplemental General Conditions modify, change, delete from, or add to the General Conditions of these contract t Documents. Where any article of the General Conditions is modified or any paragraph, subparagraph, or clause thereof is modified or any paragraph, subparagraph, or clause thereof is modified by these supplements, the unaltered provisions of that article, ' paragraph, subparagraph, or clause shall remain in effect. 1.0 INSURANCE (Refers to Article 21, General Conditions) 1 Contractor shall submit to the Engineer and Owner the following: ' 1 .1 A Certificate of Insurance certifying that the contractor's insurance includes coverage for the following: a. The Contractor shall be responsible from the time of signing the contract, or from the time of the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from this work, to person or property. ' The Contractor shall exonerate, indemnify and save harmless the OWNER and the Engineer from and against all claims or actions, and all expenses incidental to the defense arising out of damage or injury (including death) to t persons or property caused by or sustained in connection with the performance of this contract or by conditions created thereby or arising out of or in any way connected with work performed under this contract and shall ' assume and pay for, without cost to the OWNER or the Engineer, the defense of any and all claims, litigation and actions suffered through any act or omission of the Contractor or anyone directly or indirectly employed under the supervision of any of them. 1.2 A Certificate of Insurance showing coverage by insurance carriers licensed and 1 doing business in Georgia and acceptable to the OWNER for the following: a. Statutory Workmen's Compensation Insurance. ' b. Comprehensive Liability Insurance covering all operations and automobiles P Y 9 (i) () with limits of $1,000,000 per occurrence $3,000,000 General Aggregate Bodily Injury inclusive of protection against bodily injury due to excavation, shoring, underpinning and blasting, to the extent to which such risks are present, and (ii) with limit of $1,000,000 per occurrence Property Damage, inclusive of protection against damage due to excavation, shoring, underpinning and blasting, to the extent to which such risks are present. 1 c. Protective coverage for any subcontractor's operations. 05/19/10 G003- 108\XA00800 1 00800 - 70 Supplemental General Conditions 1 d. Contractual liability coverage of not less than $1,000,000 to hold harmless the OWNER, his agents and the Engineer, in accordance with 1(a) herein. e. Builder's Risk (Fire and Extended Coverage). The Contractor shall purchase and maintain adequate fire and standard extended coverage insurance upon ' the project. The insurance shall provide protection at all times against loss by the OWNER and Contractor until final acceptance of the entire project. This provision with respect to Builder's Risk Insurance shall in no way relieve the contract or of his obligation of completing the work covered by the contract. 1.3 The Certificate of Insurance must provide that the OWNER will be given thirty (30) ' days prior written notice from the insurer before any insurance is canceled, modified or changed, as evidenced by a signed return receipt of certified mail. A statement that the insurer will attempt to give 30 days' notice is acceptable. 1.4 The Certificate of Insurance must certify to and include the following: a. Policy number, policy limits and policy expiration date of all policies issued in accordance with this contract. 1 b. Location and operations to which the insurance applies. c. Statement that blasting coverage is included to the extent to which such risk is 1 present. d. Contractor's protective coverage for any subcontractor's operations; otherwise 1 provide separate certificates for subcontractors. e. Certify that the Contractor has Contractual Liability Coverage which incorporates a Hold Harmless Agreement as specified herein. f. Certification must be in accordance with the applicable insurance policies and are not intended to alter the policies. g. Shall name and be issued to the OWNER and the Engineer as insured under 1 the policies. 1 1 1 1 05/19/10 G003- 108\XA00800 1 1 00800 -3 Supplemental General Conditions 1.5 Criteria for Holding Companies Submitting Surety Bonds to the OWNER. An insurer, to be acceptable, will be required to meet the following criteria: 1 a. A Company holding a Certificate of Authority as an acceptable Surety on Federal Bonds, as published in the latest such listing in the Federal Register; ' and an insurance company licensed to do business within the State of Georgia as a company writing policies of insurance and /or bid bonds, payment bonds and performance bonds, regulated as such by the Georgia Department of ' Insurance, and the participant in the State of Georgia Insurance and Solvency Pool, and meet the following additional criteria: ' (1) A company with a rating in the A.M. Best Companies' most recent publishing rating of "A ++ or A +: Class IV or Larger ". ' (2) A company with a rating in A.M. Best Companies' most recent publishing rating of "A: Class V or Larger ". ' (3) A company with a rating in A.M. Best Companies' most recent publishing rating of "A -: Class X or Larger ". ' (4) A company which can furnish an assumption certificate or cut through clause in a statement of coverage under which payment is guaranteed 100% to third -party claimants by a reinsurer with a rating in A.M. Best 1 Companies' most recent published rating of "A or A +: Class V or Larger ". (5) In lieu of the A.M. Best Company Rating, insurers rated AAA, AA +, AA, AA- by Standard & Poors Insurance Rating Services will also be acceptable. b. If surety does not meet any of the above qualifying criteria, the OWNER, in its Y Y q Y 9 ' sole discretion, shall evaluate any such surety, upon receiving from the company the following information, plus any other information it deems relevant: (1) Copy of a certified financial audit for the insurer's most recent fiscal year, performed by a nationally or regionally recognized accounting firm, giving the company a clean opinion. t (2) Copy of a report for the insurer's most recent fiscal year from an ' independent, certified actuary verifying recommended and approved loss reserves, premium structures (not less than 85% approved by the Georgia Department of Insurance for insurance writing bid bonds, ' payment bonds and performance bonds within Georgia), and appropriate funding. 05/19/10 G003- 108\XA00800 1 00800 - 4 Supplemental General Conditions (3) Proof of excess insurance and reinsurance from a carrier with a rating in A.M. Best Companies' most recent rating of "A+ or A: Class V or Larger" in an amount sufficient to cover the bid, payment or performance bond required by the OWNER. ' (4) Proof that the company has been admitted in Georgia. (5) Proof that the company has a Certificate of License from its state of domicile. (6) There is presently not outstanding a current "rejection" or letter of 1 "objection" against the company in any other state. 2.0 SUSPENSIONS. TERMINATION. AND DELAY (Refers to Article 18 of General 1 Conditions) 2.1 If the OWNER terminates the contract, and if it is subsequently determined for any reason that the OWNER was not authorized to terminate the contract, the rights and obligations of the parties shall be the same as if the OWNER has issued a Notice of Termination to the Contractor as provided in Paragraph 2.2 herein below. t 2.2 The OWNER may, at any time, terminate, in whole or in part, the work under this contract for the OWNER'S convenience and without cause. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective; 2.3 After receipt of a Notice of Termination, and except as otherwise directed by the OWNER, the Contractor shall: ' a. Stop work under the contract on the date and to the extent specified in the Notice of Termination; ' b. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete the portion of the work under the contract which is not terminated; 1 c. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the Notice of Termination; ' d. Assign to the OWNER, in the manner, at the times, and to the extent directed by the OWNER, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. The OWNER shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 05/19/10 G003- 108\XA00800 1 00800 - 5 Supplemental General Conditions e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the OWNER to the ' extent the OWNER may require. Its approval or ratification shall be final for all the purposes of Article 2.3.e. ' f. Transfer title to the OWNER, and delivery in the manner, at the times, and to the extent, if any, directed by the OWNER, (i) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information, and other property which, if ' the contract had been completed, would have been required to be furnished to the OWNER; ' g. Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices that the OWNER directs or authorizes, and property of the types referred to in Article 2.3.f., but the Contractor (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed and at a price or prices approved by the OWNER. The proceeds of any such transfer or disposition shall be applied in reduction ' of any payments to be made by the OWNER to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the OWNER may direct; ' h. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and, ' i. Take such action as may be necessary, or as the OWNER may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the OWNER has or may acquire an interest; 2.4 After receipt of a Notice of Termination, the Contractor shall submit to the OWNER his termination claim in the form and with the certification the OWNER prescribes. ' Such claims shall be submitted promptly but in no event later than ninety (90) days from the effective date of termination, unless one or more extensions in writing are granted by the OWNER upon request of the Contractor made in writing within such ' ninety -day (90) period or authorized extension. However, if the OWNER determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such ninety -day (90) period or extension. If the Contractor ' fails to submit his termination claim within the time allowed, the OWNER may determine, on the basis of information available to it, the amount, if any, due to the Contractor because of the termination. The OWNER shall then pay to the Contractor ' the amount so determined and the Contractor shall have no further claim against the OWNER; 1 05/19/10 G003- 108\XA00800 1 1 00800 - 6 Supplemental General Conditions 1 2.5 Subject to the provisions of Article 2.4, the Contractor and the OWNER may agree upon the whole or any part of the amount or amount to be paid to the Contractor ' because of the total or partial termination of work under Article 2.4. The amount or amounts may include a reasonable allowance for profit on work done. However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract sum as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing ' in Article 2.6 prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the OWNER to agree upon the whole amount to be paid to the Contractor because of the termination of work under this clause, shall be ' deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to Article 2.5. ' 2.6 If the Contractor and the OWNER fail to agree as Article 2.5 provides, on the whole amount to be paid to the Contractor because of the termination of work under Article 2.4, the OWNER shall determine, on the basis of information available to it, the ' amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows: ' a. For all work performed before the effective date of the Notice of Termination, the total (without duplication of any items) of: i. The cost of such work; ii. The cost of settling and paying claims arising out of the termination of work under subcontracts or others as Article 2.5 provides. This cost is exclusive of the amounts paid or payable on account of supplies or ' materials delivered or services furnished by the subcontractor before the effective date of the Notice of Termination. These amounts shall be included in the cost on account of which payment is made under (i) above; and, ' iii. A sum, as rofi on the OWNER determines to be fair p is o (i) above, which t e 0 ' and reasonable. But if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss. 1 1 1 05/19/10 G003- 108\XA00800 1 1 00800 - 7 Supplemental General Conditions 1 b. The reasonable cost of the preservation and protection of property incurred under Article 2.3.i and any other reasonable cost incidental to termination of work under this contract, including expense incidental to the determination of the amount due to the Contractor as a result of the termination of work under this contract. The total sum to be paid to the Contractor under Article 2.6.a shall not exceed the total contract sum as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage and except to the extent that the ' OWNER shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amount payable to the Contractor under Article 2.6.a above, the fair value, as determined by the OWNER of property which is ' destroyed, lost, stolen, or damaged to the extent that it is undeliverable to the OWNER, or to a buyer under Article 2.3.g; ' 2.7 The Contractor shall have the right to make claim from any determination the OWNER makes under Articles 2.4 or 2.6. But if the Contractor has failed to submit his claim within the time provided in Article 2.4 and has failed to request extension ' of such time, he shall have no such right of appeal In any case where the OWNER has determined the amount due under Articles 2.4 or 2.6, the OWNER shall pay to the Contractor the following: (1) the amount so determined by the OWNER or (2) if 1 an adverse proceeding is initiated, the amount finally determined in such proceeding; 1 2.8 In arriving at the amount due the Contractor under Article 2.6, there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the termination portion of this contract, (2) any 1 claim which the OWNER may have against the Contractor in connection with this contract, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things kept by the Contractor or sold under the provisions of 1 Article 2.6 and not otherwise recovered by or credited to the OWNER; ' 2.9 If the termination hereunder be partial, before the settlement of the termination portion of this contract, the Contractor may file with the OWNER a request in writing for an equitable adjustment of the price or prices specified in the contract related to ' the continued portion of the contract (the portion not terminated by the Notice of Termination). Such equitable adjustment as may be agreed upon shall be made in the price or prices. Nothing contained herein shall limit the right of the OWNER and ' the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when the contract does not contain an established contract price for the continued portion. 1 2.10 Upon written notice from the OWNER, the Contractor agrees to cure any structural defect caused by the Contractor in the project or remedy any departure from the ' plans and specifications not approved by change order within twenty (20) days of receipt of such notice unless extended by OWNER in writing. 1 05/19/10 G003- 108\XA00800 1 00800 - 8 Supplemental General Conditions 1 2.11 Upon written notice from the OWNER, the Contractor agrees to bond -off under the provisions of applicable law any lien or claim of lien filed of record against the ' project by any of the Contractor's laborers, materialmen, subcontractors, suppliers, or others performing work or furnishing labor or material under the contract, and any said lien or claim of lien shall be bonded off within thirty (30) days of notice to the Contractor from the OWNER. 3.0 DISPUTES (Refers to Article 31 of General Conditions) 3.1 Any claims, interpretations, or litigation arising in regard to this contract or in regard to the performance on the work contemplated under the terms of this contract shall ' be heard and determined by the presiding Judge of the Superior Court of Richmond County. The Contractor and the Surety do hereby specifically consent, submit and agree to said court having jurisdiction over the Contractor, the Surety, and the terms ' and subject matter of this contract. This contract shall not be submitted to, or be determined by arbitration. Any references to arbitration contained in this contract or in any other documents of the OWNER that may apply to this contract are hereby 1 specifically deleted. 4.0 PAYMENTS TO CONTRACTOR (Refers to Article 19 of General Conditions) ' 4.1 This agreement shall supersede and take the place of all requirements of "Georgia Prompt Payment Act, Georgia Laws, 1994, p. 1398. Any payment due Contractor 1 under the terms of this contract which remains unpaid without justification after the due date set forth in this contract shall bear interest at the rate of 7% per annum 1 until payment has been made in full provided notice has been given as required by O.C.G.A. §13 -1 1 -7. 1 END OF SECTION 1 1 1 1 1 1 05/19/10 G003- 108\XA00800 1 1 Section 01010 Summary of Work Part 1 General 1.01 Description 1 A. The Work to be performed under this Contract shall consist of furnishing all labor, materials, tools, equipment and incidentals and performing all Work required for the 1 Modifications to Landfill Gas Collection & Control Systems and related site and utility improvements. B. All Work described above shall be performed as shown on the Drawings and as 1 specified. 1.02 Project Location The equipment and materials to be furnished will be installed at the locations shown on the Drawings. 1.03 Quantities ' The Owner reserves the right to alter the quantities of work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered, increased or decreased. Payment for ' such increased or decreased quantity will be made in accordance with the Instructions to Bidders. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of 1 the Contract and Bond. 1.04 Partial Owner Occupancy 1 The existing facilities to which these improvements are being made will continue operation during the period of construction. 1 END OF SECTION 1 1 1 1 05/19/10 G003- 108\XA01010 1 Section 01011 Unique Requirements Part 1 General 1.01 Scope The scope of this Section is to convey to the Contractor unique and unusual ' stipulations and requirements which have been established for this Project. Some requirements are based on technical aspects of the Project which are not otherwise conveyed to the Contractor. The provisions of this Section shall supersede the ' provisions of the Division 1 through 17 Specifications but shall not supersede the Bidding Requirements, Contract Forms or Conditions of the Contract. 1.02 Submittals A. Sequence Submittal 1 1. Submit a proposed sequence in accordance with Section 01310 with appropriate times of starting and completion of tasks to Engineer for review. ' 2. The Contractor may propose alternatives to the sequencing constraints to that shown in this Section in an attempt to reduce the disruption of the operation of the existing facility or streamline the tasks of this Contract. The Owner and Engineer are not obligated to accept any of these alternatives. 1.03 Existing Facility Operations 1 A. The Contractor shall coordinate the work with the Owner so that the construction will not restrain or hinder the operation of the existing facilities. If, at any time, any portion ' of the facilities are out of service, the Contractor must obtain approval from the Owner as to the date, time and length of time that portion of the facilities are out of service. B. Connections to the existing facilities or alteration of existing facilities will be made at times when the facility involved is not in use or at times, established by the Owner, when the use of the facility can be conveniently interrupted for the period of time ' needed to make the connection or alteration. C. After having coordinated the work with the Owner, the Contractor shall prepare a submittal in accordance with Section 01340 to include the time, time limits and methods of each connection or alteration and have the approval of the Engineer before any work is undertaken on the connections or alterations. ' D. Before any roadway or facilities are blocked off, the Owner's approval shall be obtained to coordinate operations for the landfill. 1.04 Sequencing A. General 1. The Contractor shall be solely responsible for all construction sequencing. 1 05/19/10 G003- 108\XA01011 1 1 01011 - 79 Unique Requirements 2. The completion of specific preliminary sequencing tasks indicated will be required prior to any significant site demolition. 1 B. Notify the Owner at least ten days prior to starting to relocate piping or taking existing components out of service. 1.06 Sequencing Constraints A. The following construction sequencing constraints are to emphasize critical tasks of the 1 Work in this Contract. It is not a complete list of all work to be completed. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01011 1 Section 01016 Occupancy Part 1 General 1.01 Partial Occupancy by Owner ' Whenever, in the opinion of the Engineer, any section or portion of the Work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said ' Work or structure, or any part thereof, or as a waiver of any of the provisions of these Specifications and the Contract. Pending final completion and acceptance of the Work, all necessary repairs and removals, due to defective materials or workmanship ' or to operations of the Contractor, of any section of the Work so put into use shall be performed by the Contractor at his own expense. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 106\XA01016 1 1 Section 01025 Measurement and Payment 1 Part 1 General 1 1.01 Scope A. Each item of the Project for which payment will be made must be approved by the 1 Owner prior to initiating that task. No payment will be made for any items other than those approved in advance. 1 B. Required items of work and incidentals necessary for the satisfactory completion of the work which are not specifically listed in the task, and which are not specified in this Section to be measured or to be included in one of the items listed in the task, shall be 1 considered as incidental to the work. All costs thereof, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various task items. The Contractor shall prepare the task list accordingly. 1 C. Work includes furnishing all plant, labor, equipment, tools and materials, which are not furnished by the Owner and performing all operations required to complete the work satisfactorily, in place, as specified and as indicated on the Drawings. 1 1.02 Descriptions 1 A. Measurement of an item of work will be by the unit indicated in the task. B. Final payment quantities shall be determined from the record drawings. The record 1 drawing lengths, dimensions, quantities, etc. shall be determined by a survey after the completion of all required work. Said survey shall conform to Section 01720 of these Specifications. The precision of final payment quantities shall match the precision 1 shown for that item in the task description. C. Unless otherwise stated in individual sections of the Specifications or in the task 1 description, no separate payment will be made for any item of work, materials, parts, equipment, supplies or related items required to perform and complete the work. The costs for all such items required shall be included in the price bid for item of which it is a part. 1 D. Payment will be made by extending unit prices multiplied by quantities provided and then summing the extended prices to reflect actual work. Such price and payment 1 shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, tools and materials not furnished by the Owner and for performing all operations required to provide to the Owner the entire Project, complete in place, as 1 specified and as indicated on the Drawings. E. "Products" shall mean materials or equipment permanently incorporated into the work. 1 1 1 05/19/10 G003-108 \XA01025 1 1 01025 - 82 Measurement and Payment 1 1.03 Cash Allowances 1 A. General 1. The Contractor shall include in the Bid Total all allowances stated in the Contract Documents. These allowances shall cover the net cost of the services provided by a firm selected by the Owner. The Contractor's handling costs, labor, overhead, profit and other expenses contemplated for the original allowance shall be included in the items to which they pertain and not in allowances. ' 2. No payment will be made for nonproductive time on the part of testing personnel due to the Contractor's failure to properly coordinate testing activities with the work schedule or the Contractor's problems with maintaining equipment in good working condition. The Contractor shall make all necessary excavations and shall supply any samples of materials necessary for conducting compaction and 1 density tests. 3. No payment shall be provided for services that fail to verify required results. 1 B. Should the net cost be more or less than the specified amount of the allowance, the Contract will be adjusted accordingly by change order. The amount of change order 1 will not recognize any changes in handling costs at the site, labor, overhead, profit and other expenses caused by the adjustment to the allowance. C. Documentation 1. Submit copies of the invoices with each periodic payment request from the firm providing the services. 2. Submit results of services provided which verify required results. 1 1.04 Submittal of Application for Payment The Owner will make payments to the Contractor on the basis of a duly certified and ' approved estimate of the Work completed through the 25th day of each calendar month, as reviewed by the Engineer, provided the estimate was submitted in accordance with the following requirements: A. The Applications for Payment shall be itemized as directed by the Engineer. Applications for Payment are to serve as certification by the Contractor as to the ' status of the Work. B. On or prior to the 20th day of each month, the Contractor will prepare a preliminary, ' itemized Application for Payment for work completed and the value of any stored materials, projected through the 25th of the current month, as well as additional information required herein or as the Owner and Engineer may require to verify and approve the amount of payment applied for. The Contractor may be requested to 1 05/19/10 G003- 108\XA01025 1 01025 - 3 Measurement and Payment review the Application for Payment with the Engineer on the jobsite in order to verify work in place or the location of stored materials. 1 C. After the Engineer has advised the Contractor of the acceptability of the Application for Payment, and on or before the 25th day of each month, the Contractor shall submit to the Engineer an itemized, notarized Application for Payment. The Contractor shall also submit, if requested, additional documentation, including, but not limited to, all sworn statements, waivers and releases of liens and claims, including those required of subcontractors of any tier as may be requested by the ' Engineer, reflecting all retainage, previous Applications for Payment, payment for labor and material, payment for materials stored and other documentation and requirements related to Work performed as provided elsewhere in the Contract 1 Documents or as required by the Engineer. D. The Contractor shall submit the Application for Payment in four (4) paper hardcopies. Each copy shall display an original signature by a duly authorized agent of the Contractor. The application shall be generated by the use of Microsoft Excel or other applications package acceptable to the Engineer, and provided that the forms generated are in the format acceptable to the Engineer. All four copies shall be individually notarized. E. The Owner will withhold ten (10) percent of each payment until the Contractor's 1 contracted Work is fifty (50) percent complete. If the Contractor's performance is satisfactory, and if the Contractor is on schedule, then at the Engineer's discretion further retainage may cease to be withheld, effectively freezing the retainage at 5% of the total contract amount until final completion of the Work. If at any later date, the Engineer determines that the Contractor's progress is unsatisfactory in any manner, the Engineer may reinstate the entire ten (10) percent withholding on the sum of all of the payments made to that date. The Engineer shall be the sole determining party with regards to the reinstatement of the entire ten (10) percent retainage. No appeal from the Contractor will be entertained. END OF SECTION 1 1 1 1 1 05/19/10 G003- 108\XA01025 1 1 Section 01026 Schedule of Values Part 1 General ' 1.01 Scope The work under this Section includes preparation and submittal of a schedule of 1 values. 1.02 General A. Timing of Submittal: Submit to the Engineer, a schedule of values allocated to the various portions of the Work, within 10 days after Notice to Proceed. The first progress payment will not be made until the next pay cycle following the Engineer's approval of the Contractor's values. ' B. Supporting Data: Upon request of the Engineer, support the values with data which will substantiate their correctness. C. Use of Schedule: The schedule of values, unless objected to by the Engineer, shall be used only as a basis of the Contractor's Application for Payment. ' 1.03 Form and Content of Schedule of Values A. Form and Identification 1 1. Type schedule on 8 -1/2 x 11 -inch white paper. ' 2. Contractor's standard forms and automated printout may be used. 3. Identify schedule with: 1 a. Title of project and location b. Engineer ' c. Name and address of Contractor 1 d. Contract designation e. Date of submission 1 B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. Breakdown shall be by structure, then by CSI Format, for ease of field verification of quantities completed in each structure. 1 05/19/10 G003- 108\XA01026 1 ' 01026 - 85 Schedule of Values 1 C. Format 1. Follow the Table of Contents of the Contract Documents as the format for listing 1 the component items. 2. Identify each item with the number and title of the respective major section of the Specifications. D. For each major line item list sub - values of major products or operations under the item. ' E. For the Various Portions of the Work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. ' 2. For items on which progress payments will be requested for stored materials, break down the value into: ' a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value, including Contractor's overhead and profit, less item a. above. ' F. The sum of all values listed in the schedule shall equal the Bid Total. 1 END OF SECTION 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01026 1 ' Section 01041 Coordination of Work Part 1 General 1.01 General Management of the project shall be through the use of a logical method of construction planning, scheduling, and cost value documentation as further described in the section entitled "Construction Scheduling," of these Specifications. ' 1.02 Existing Landfill Facilities A. The existing facilities at the Deans Bridge Road MSW Landfill including the existing gas collection and controls system must out of necessity remain in operation while new construction is in progress. B. The Contractor shall coordinate his work with the Owner so that construction will not restrain or hinder operation of the existing facilities at the Landfill. If, at any time, ' any portion of the Landfill is out of service, the Contractor must obtain prior approval from the Owner as to the date, time and length of time that portion of the existing facilities are out of service. C. Connections to the existing facilities or alteration of existing facilities will be made at times when the facility involved is not in use or at times, established by the Owner, when use of the facility can be conveniently interrupted for the period of time needed to make the connection or alteration. 1 D. After having coordinated his work with the Owner, the Contractor shall notify the Engineer of the time, time limits and methods of each connection or alteration and have approval of the Engineer before any work is undertaken on the connections or alterations. E. Before any roadway or facilities are blocked off the Owner shall be contacted to ' coordinate operations for the landfill. 1.03 Other Utilities The Contractor shall coordinate his operations with all utility companies in or adjacent to the area of his work. The Contractor shall require said utilities to identify r in the field their property and provide drawings as necessary to locate them. END OF SECTION 1 05/19/10 G003- 108\XA01041 1 1 Section 01051 Grades, Lines and Levels Part 1 General 1 1.01 Description ' A. All work under this contract shall be constructed in accordance with the lines and grades on the plans or as given by the Engineer or Owner. The full responsibility for holding to alignment and grade shall rest upon the Contractor. B. The Owner will provide a bench mark and minimal horizontal control. The Contractor will be responsible for setting offsets from these points and all other layout and 1 staking. C. The Contractor shall safeguard all points, stakes, grade marks, bench marks, and ' monuments established on the work, shall bear the cost of re- establishing same if disturbed, and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain and protect such established points, stakes, and 1 marks. 1 END OF SECTION 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01051 1 1 Section 01055 Construction Staking 111 Part 1 General ' 1.01 Scope A. Construction staking shall include all of the surveying work required to layout the Work and control the location of the finished Project. The Contractor shall have the full ' responsibility for constructing the Project to the correct horizontal and vertical alignment, as shown on the Drawings, as specified, or as ordered by the Engineer. The Contractor shall assume all costs associated with rectifying work constructed in the wrong location. B. From the information shown on the Drawings and the information to be provided as indicated under Project Conditions below, the Contractor shall: 1. Be responsible for setting reference points and /or offsets, establishment of ' baselines, and all other layout, staking, and all other surveying required for the construction of the Project. ' 2. Safeguard all reference points, stakes, grade marks, horizontal and vertical control points, and shall bear the cost of re- establishing same if disturbed. 3. Stake out the permanent and temporary easements or the limits of construction 1 to ensure that the Work is not deviating from the indicated limits. 4. Be responsible for all damage done to reference points, baselines, center lines ' and temporary bench marks, and shall be responsible for the cost of re- establishment of reference points, baselines, center lines and temporary bench marks as a result of the operations. ' C. Baselines shall be defined as the line to which the location of the Work is referenced, i.e., edge of pavement, road centerline, property line, right -of -way or survey line. 1 D. Record Drawing surveys shall be performed in accordance with Section 01720 of these Specifications. 1.02 Project Conditions ' A. The Drawings provide the location and /or coordinates of principal components of the Project. The alignment of some components of the Project may be indicated in the Specifications. The Engineer may order changes to the location of some of the 1 components of the Project or provide clarification to questions regarding the correct alignment. B. The survey points, control points, and baseline to be provided to the Contractor shall be limited to only that information which can be found on the Project site by the Contractor. 1 C. A topographic survey is included on the Drawings. 1 05/19/10 G003-108M01055 1 t 01055 - 89 Construction Staking 1 1.03 Quality Assurance ' A. The Contractor shall furnish documentation, prepared by a surveyor currently registered in the State in which the Project is located, confirming that staking is being done to the horizontal and vertical alignment shown in the Contract Documents. This requires that the Contractor hire, at the Contractor's own expense, a currently registered surveyor, acceptable to the Owner, to provide ongoing construction staking or confirmation of such. B. Any deviations from the Drawings shall be confirmed by the Engineer prior to construction of that portion of the Project. C. Quantities for payments measured under this Contract shall be certified by the registered surveyor. 1 D. Construction Surveying Cash Allowance 1. This cash allowance is solely for the use of the Engineer for verification of the contractor's reference points, centerlines and work performed and is not to be used by the Contractor to provide cut sheets. ' 2. The presence of this cash allowance in no way relieves the Contractor of the responsibility of installing reference points, centerlines, temporary bench marks, verifying work has been performed accurately, and all other work covered by ' this Section. 1.04 Site Work 111 A. Staking Precision: The precision of construction staking shall match the precision of a component's location indicated on the Drawings. Staking of utilities shall be done in accordance with generally accepted practice for the type of utility. ' B. Written certification, by a licensed surveyor, that structure base grade and structure corner locations match the locations shown on the Drawings is required prior to beginning construction of the structures. C. Paved Surfaces: The Contractor shall establish a reference point for establishing and ' verifying the paving subgrade and finished grade elevations. Any variance with plan grades shall be identified by the Contractor and confirmed by the Engineer prior to constructing the base. END OF SECTION 1 1 1 05/19/10 G003- 108\XA01055 1 Section 01060 Regulatory Requirements 1 Part 1 General 1 1.01 Description 1 Permits and Responsibilities The Contractor shall, without additional expense to the Owner, be responsible for 1 obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and municipal laws, Codes and regulations, in connection with the execution of the Work. He shall take proper safety and health precautions to protect 1 the Work, the workers the public and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the Work, except for any completed unit of construction thereof which may heretofore have been accepted. END OF SECTION 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01060 1 1 Section 01070 Abbreviations, Symbols, Trade Names, and Materials I Part 1 General 1 1.01 General I Whenever reference is made to the furnishing of materials or testing thereof to conform to the Standards of any technical society, organization, or body, it shall be construed to mean the latest Standard, Code, specification or tentative specification I adopted and published at the time of advertisement for bids. Such standards are made a part hereof to the extent which is indicated or intended. 1 1.02 Abbreviations AA Aluminum Association I AAMA Architectural Aluminum Manufacturer's Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute 1 ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti - Friction Bearing Manufacturers Association 1 AGA American Gas Association AGMA American Gear Manufacturers Association AIA American Institute of Architects I AIEE American Institute of Electrical Engineers AISO American Institute of Steel Construction AISI American Iron and Steel Institute I AITC American Institute of Timber Construction ANSI American National Standards Institute I AMCA Air Moving and Conditioning Association APA American Plywood Association APHA American Public Health Association API American Petroleum Institute I APWA American Public Works Association ASA American Standards Association I ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration, and Air Conditioning Engineers I ASME ASTM American Society of Mechanical Engineers American Society for Testing and Materials AWS American Welding Society I AWWA American Water Works Association CFR Code of Federal Regulations CRSI Concrete Reinforcing Steel Institute I CTI Cooling Tower Institute DEMA Diesel Engine Manufacturers Association EDA Economic Development Administration 1 05/19/10 G003- 108\XA01070 1 1 01070 - 92 Abbreviations, Symbols, Trade Names, and Materials 1 EIA Electronic Industries Association EPA Environmental Protection Agency HEI Heat Exchange Institute IEEE Institute of Electronic and Electrical Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association 1 IPC Institute of Printed Circuits ISA Instrument Society of America MBMA Metal Building Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NACE National Association of Corrosion Engineers NBFU National Board of Fire Underwriters ' NBS NEC National Bureau of Standards National Electric Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NRMA National Ready -Mix Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association ' PCI Prestressed Concrete Institute SBC Southern Building Code ' SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council TCA Tile Council of America ' UBC Uniform Building Code UL Underwriters Laboratories WPCF Water Pollution Control Federation 1.03 Trade Names and Materials ' Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality of performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent," `proper," or "equal to ", are used, they shall be understood to mean that the item referred to shall be proper, the equivalent of, or equal to the item specified by a trade ' or brand name, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be equal to approved samples. Notwithstanding that the words "or equal to ", or other such expressions, may be used in the Specifications in connection with a material, manufactured article or process, the material, article, or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer. ' 1.04 Symbols 1 Symbols and material legends shall be as scheduled on the Contract Drawings. END OF SECTION 1 05/19/10 G003- 108\XA01070 1 1 Section 01080 Applicable Codes and Standards 1.01 General 1 A. All materials, equipment, fabrication, and installation practices shall comply with the following applicable Codes and standards, except in those cases where the ' Contractor's quality standards establish more stringent quality requirements, as determined by the Engineer. 1 1. Pressure Piping and Tubing ANSI (American National Standards Institute) ' API (American Petroleum Institute) ASME (American Society of Mechanical Engineers) AWWA (American Water Works Association) 1 NSF (National Sanitation Foundation) 2. Materials ' AASHTO (American Association of State Highway and Transportation Officials) 1 ANSI (American National Standards Institute) ASTM (American Society for Testing and Materials) 1 3. Painting and Surface Preparation NACE (National Association of Corrosion Engineers) 1 SSPC (Steel Structures Painting Council) 4. Gear Reducers and Bearings AFBMA (Anti-friction Bearing Manufacturers Association) AGMA (American ' Gear Manufacturers Association) 5. Ventilating Fans 1 AMCA (Air Moving and Conditioning Association) PFMA (Power Fan Manufacturers Association) 1 6. Electrical and Instrumentation EIA (Electronic Industries Association) IEEE (Institute of Electrical and Electronic Engineers) IPC (Institute of Printed Circuits) ' IPCEA (Insulated Power Cable Engineers Association) ISA (Instrument Society of America) NEMA (National Electrical Manufacturers Association) 05/19/10 G003- 108\XA01080 1 ' 01080 - 94 Applicable Codes and Standards 1 NFPA (National Fire Protection Association) UL (Underwriter's Laboratories) 7. Aluminum AA (Aluminum Association) AAMA (Architectural Aluminum Manufacturers Association) ' 8. Steel AISC (American Institute of Steel Construction) 9. Concrete ACI (American Concrete Institute) 10. Welding ' ASME (American Society of Mechanical Engineers) AWS (American Welding Society) 11. Safety OSHA (Occupational Safety and Health Act) 12. General Building Construction ' • FM (Factory Mutual Fire Insurance Company) NFPA (National Fire Protection Association) SBC (SBCC Standard Building Code) 13. Subgrades and Pavement ' SSRBC Standard Specifications for Road and Bridge Construction, Georgia p 9 is 9 ' Department of Transportation) 14. Ductwork and Sheet Metal Work 1 SMACNA (Sheet Metal and Air Conditioning Contractors National Association). ' 15. Plumbing AGA (American Gas Association) ' NSF (National Sanitation Foundation) PDI (Plumbing Drainage Institute SPC (SBCC Standard Plumbing Code) 1 05/19/10 G 003- 108\XA01080 1 ' 01080 - 3 Applicable Codes and Standards 1 16. Refrigeration, Heating, and Air Conditioning ' ARI (American Refrigeration Institute) ASHRAE (American Society of Heating, Refrigeration, and Air Conditioning Engineers) 17. Pressure Vessels 1 ASME (American Society of Mechanical Engineers) In addition, all work shall comply with the applicable requirements of local codes, 1 utilities, and other authorities having jurisdiction. B. All material and equipment, for which a UL Standard, an AGA approval, or an ASME requirement is established, shall be so approved and labeled or stamped. Label or stamp shall be conspicuous and not covered, painted, or otherwise obscured from visual inspection. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01080 1 1 Section 01202 Progress Meetings Part 1 General 1 1.01 Description ' The Owner may request meetings with the Contractor at any time on matters pertaining to the progress of Work being carried out under this Contract. It will be the responsibility of the Contractor to supply whatever information is requested by the 1 Owner concerning the project throughout its duration. Weekly reviews of progress shall be held between the Contractor and Engineer. Monthly reviews of progress shall be held between the Owner and Engineer. The Contractor shall make himself 1 available if his presence is requested. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01202 1 ' Section 01310 ' Construction Scheduling Part 1 General 1 1.01 Scope ' A. The work under this Section includes preparing, furnishing, distributing, and periodic updating of the construction schedules as specified herein. 1 B. The purpose of the schedule is to demonstrate that the Contractor can complete the overall Project within the Contract Time and meet all required interim milestones. ' 1.02 Submittals A. Overall Project Schedule (OPS) ' 1. Submit the schedule within 10 days after date of the Notice to Proceed. 2. The Engineer will review the schedule and return it within 10 days after ' receipt. 3. If required, resubmit within 10 days after receipt of a returned copy. B. Near Term Schedule (NTS) ' 1. Submit the first Near Term Schedule within 10 days of the Notice to Proceed. 2. The Engineer will review the schedule and return it within 10 days after receipt. ' C. Submit an update of the OPS and NTS with each progress payment request. D. Submit the number of copies required by the Contractor, plus three copies to be 1 retained by the Engineer. 1.03 Approval ' Approval of the Contractor's detailed construction program and revisions thereto shall in no way relieve the Contractor of any of the Contractor's duties 1 and obligations under the Contract. Approval is limited to the format of the schedule and does not in any way indicate approval of, or concurrence with, the Contractor's means, methods and ability to carry out the Work. 05/19/10 G003- 108W401310 1 01310 - 98 Construction Scheduling 1 1.04 Overall Project Schedule (OPS) ' A. The Contractor shall submit to the Owner for approval a detailed Overall Project Schedule of the Contractor's proposed operations for the duration of the Project. The OPS shall be in the form of a Gantt/bar chart. t B. Gantt/Bar Chart Schedule ' 1. Each activity with duration of seven or more days shall be identified by a separate bar. Activities with duration of more than 30 days shall be sub - divided into separate activities. ' 2. The schedule shall include activities for shop drawing preparation and review, fabrication, delivery, and installation of major or critical path materials and equipment items. 3. The schedule shall show the proposed start and completion date for each activity. A separate listing of activity start and stop dates and working day requirements shall be provided unless the information is shown in text form on the Gantt/bar chart. ' 4. The schedule shall identify the Notice to Proceed date, the Contract Completion date, major milestone dates, and a critical path. ' 5. The schedule shall be p rinted on a maximum 11 x 17 -inch size paper. If the OPS needs to be shown on multiple sheets, a simplified, one page, 1 summary bar chart showing the entire Project shall be provided. 6. The schedule shall have a horizontal time scale based on calendar days and shall identify the Monday of each week. 7. The schedule shall show the precedence relationship for each activity. 1.05 Near Term Schedule (NTS) 1 A. The Contractor shall develop and refine a detailed Near Term Schedule showing the day to day activities with committed completion dates which must ' be performed during the upcoming 30 day period. The detailed schedule shall represent the Contractor's best approach to the Work which must be accomplished to maintain progress consistent with the Overall Project 1 Schedule. B. The Near Term Schedule shall be in the form of Gantt/bar chart and shall ' include a written narrative description of all activities to be performed and describe corrective action to be taken for items that are behind schedule. 1 05/19/10 G003- 108\XA01310 1 01310 -3 Construction Scheduling ' 1.06 Updating A. Show all changes occurring since previous submission of the updated schedule. B. Indicate progress of each activity and show actual completion dates. C. The Contractor shall be prepared to provide a narrative report at the Project Coordination Meetings. The report shall include the following: 1. A description of the overall Project status and comparison to the OPS. ' 2. Identify activities which are behind schedule and describe corrective action to be taken. ' 3. A description of changes or revisions to the Project and their effect on the OPS. ' 4. A description of the Near Term Schedule of the activities to be completed during the next 30 days. The report shall include a description of all activities requiring participation by the Engineer and /or Owner. ' END OF SECTION 1 1 05/19/10 G003- 108W401310 Section 01320 Construction Videos and Photographs Part 1 General 1.01 Scope ' A. The Contractor shall furnish all equipment and labor materials required to provide the Owner with digital construction videos and photographs of the Project. Videos shall be in both VHS format and recorded on a compact disk, in DVD format. B. Photo and video files shall become the property of the Owner and none of the videos or photographs herein shall be published without express permission of the Owner. 1 1.02 Pre and Post Construction Videos and Photographs A. Prior to the beginning of any work, the Contractor shall take project videos and 1 photographs of the work area to record existing conditions. B. Following completion of the work, another recording and photos shall be made ' showing the same areas and features as in the pre- construction videos and photographs. ' C. All conditions which might later be subject to disagreement shall be shown in sufficient detail to provide a basis for decisions. ' D. The pre- construction videos and photographs shall be submitted to the Engineer within 25 calendar days after the date of receipt by the Contractor of Notice to Proceed. Post - construction videos and photographs shall be provided prior to final acceptance of ' the project. 1.03 Progress Photographs ' A. Photo files shall be provided on compact discs. B. The photographs shall include the date and time marking of the recording. All photographs shall be labeled on a tab connected to the bottom of the photo to indicate date and description of work shown. ' C. A minimum of ten photographs shall be submitted with each request for payment. The view selection will be as agreed to with the Engineer. Two prints of each photograph shall be submitted. 1 1 1 05/19/10 G003- 108M01320 1 01320 -101 Construction Videos and Photographs 1.04 Submittals ' A. Photographs shall be submitted in plastic sleeves pre - punched for a 3 -ring binder. Negatives shall be submitted in polyethylene preservers, 8 -1/2 x 11- inches in size, equal to Print File Archival Preservers, Style No. 35 -7B. B. Construction photographs shall be submitted with each payment request. Failure to include photographs may be cause for rejection of the payment request. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108W401320 1 1 Section 01340 Shop Drawings, Product Data, and Samples ' Part 1 General 1.01 Description and Requirements A. Type of Submittals This Section of the specifications describes the procedures for submittals such as ' shop drawings, product data, samples and miscellaneous work - related submittals. It does not include the submittals required for administrative work. ' B. Submittal Contents The submittal contents required are specified in each section. C. Definitions ' Submittals are categorized as follows: 1. Shop Drawings a. Shop drawings shall include technical data, drawings, diagrams, performance curves, schedules, templates, patterns, reports, calculation, ' instructions, measurements and similar information as applicable to specific item for which the shop drawing is prepared. b. Provide newly - prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) or appropriate number of prints hereof, with name or preparer (firm name) ' indicated. The Contract Drawings shall not be traced or reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not allow shop drawing copies without appropriate final "Action" markings by the Engineer to be used in connection with the Work. 2. Product Data ' a. Product data includes standard P rinted information on materials, products and systems, not specially prepared for this project, other than the designation of selections from among available choices printed therein. 1 b. 05/19/10 G003- 108\XA01340 01340 -103 Shop Drawings, Product Data, And Samples t project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and ' seals, notation of field measurements which have been checked, and special coordination requirements. 1 3. Samples a. Samples include both fabricated and unfabricated physical examples of ' materials, products and units of work, both as complete units and as smaller portions of units of work, either for limited visual inspection or (where indicated) for more detailed testing and analysis. b. Provide units identical with final condition of proposed materials or products for the work. Include "range" samples (not less than 3 units) ' where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of optional samples where the Engineers selection is required. Prepare samples to match the t Engineers sample where indicated. Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards. Samples are submitted for U review and confirmation of color, pattern, texture and "kind" by the Engineer. Engineer will not "test" samples (except as otherwise indicated) for other requirements, which are the exclusive responsibility of the Contractor. 4. Miscellaneous submittals related directly to the work (non- administrative) 1 include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, statements of applicability, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, overrun stock, security /protection /safety keys and similar information, devices and materials applicable to the Work but not processed as shop drawings, product data or samples. 1.03 General Submittal Requirements A. Scheduling Where appropriate in various required administrative submittals (listings of products, manufacturers, supplier and subcontractors, and in job progress ' schedule), show principal work - related submittal requirements and time schedules for coordination and integration of submittal activity with related work in each instance. 1 1 05/19/10 G003-108 \XA01340 1 1 01340 -3 Shop Drawings, Product Data, And Samples B. Coordination of Submittal Times Prepare and transmit each submittal to the Engineer sufficiently in advance of performing related work or other applicable activities, so the installation will not be ' delayed or improperly sequenced by processing times, including non - approval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, delivery and similar sequenced activities. No extension of time will be authorized ' because of Contractors failure to transmit submittals to the Engineer sufficiently in advance of the work. C. Sequencing Requirements As applicable in each instance, do not proceed with a unit of work until submittal ' procedures have been sequenced with related units of work, in a manner which will ensure that the action will not need to be later modified or rescinded by reason of a subsequent submittal which should have been processed earlier or concurrently for coordination. D. Preparation of Submittals ' Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other 1 submittals. Show Contractor's executed review and approval marking and provide space for the Engineer's "Action" marking. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through the Contractor's office will be returned "without action." E. Transmittal Identification ' 1. Number transmittals in sequence for each Division of the Specifications. The q P ' number after the dash indicates the Section of the Specifications, and the number before the dash is the sequence number of the transmittal (1 -1 5140 would be the first transmittal applicable to Section 15140 of the Specifications, ' 2 -15140 would be the second transmittal for Section 15140, etc.) 2. Identify resubmittals with a letter of the alphabet following the original number, using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal affecting transmittal 1 -1 5140 would then be numbered 1A- 15140. The number 1 -1 5140 would then be entered in the space `Previous Transmittal Number," which is left blank except on resubmittals. 1 05/19/10 G003- 108W401340 01340 - 4 Shop Drawings, Product Data, And Samples ' 1.04 Specific Category Requirements ' A. General Except as otherwise indicated in the individual work sections, comply with general requirements specified herein for each indicated category of submittal. 1. Submittals shall contain: a. The date of submittal and the dates of any previous submittals. b. The project title: c. Contract No. ' d. The names of the: ' i. Contractor ii. Supplier ' iii. Manufacturer t e. Identification of the product, with the Specification Section number and equipment tag numbers. 1 f. Field dimensions, clearly identified as such. g. Relation to adjacent or critical features of the work or materials. h. Applicable standards, such as ASTM or Federal Specification numbers. ' i. Notification to the Engineer in writing, at time of submittal, of any deviations on the submittals from requirements of the Contract Documents. ' j. Identification of revisions on resubmittals. ' k. An 8 inch x 3 inch blank space for Contractor and Engineer stamps. I. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. 1 05/19/10 G003- 108W401340 ' 01340 -5 Shop Drawings, Product Data, And Samples m. Submittal sheets or drawings showing more than the particular item under consideration shall have all but the pertinent description of the item ' for which review is requested crossed out. 1.05 Routing of Submittals A. Submittals and routine correspondence shall be routed as follows: t 1. Supplier to Contractor (through representative if applicable) for preliminary check. 1 2. Contractor to Consulting Engineer for general review or comment. 3. Consulting Engineer to Contractor. ' 4. Contractor to Supplier. ' 1.06 Address for Communications Augusta- Richmond County ' Deans Bridge Road MSW Landfill 4330 Deans Bridge Road Augusta, GA 30805 1.07 Submittal Copies Required ' A. Shop Drawings, Product Data, and Miscellaneous Submittals All submittals marked "A" or "B" will be distributed as follows: ' 1. For Owner's Project Manager 1 copy ' 2. For Contractor 3 copies 3. For Field Inspection Office 1 copy ' 4. For Owner 1 copy Total 6 copies B. To the above number may be added additional copies as required by the Contractor. C. The Engineer will mark all copies of each shop drawing. One will be retained in the 1 Engineer's office, one sent to the Field Inspection office, one will be retained for the Owner and the remaining copies sent to the Contractor for his records and t distribution. 05/19/10 G003- 108\XA01340 1 1 01340 - 6 Shop Drawings, Product Data, And Samples 1 D. For nonapproval items, such as parts lists and operation or maintenance manuals, 5 copies are required, unless specified otherwise: 1 For Owner's Project Manager 2 copies For Owner 3 copies Total 5 copies E. Samples In accordance with the QA/QC Plan, the contractor shall furnish certified samples of materials utilized in the fabrication or production of equipment, materials, and ' products supplied under these Contract Documents. Cost of all such samples shall be borne by the Contractor. The samples will be tested by a qualified independent testing laboratory selected by the Owner to determine if the mechanical and ' chemical properties of the materials supplied are in accordance with the requirements of these Specifications and Contract Documents. The owner shall pay for the laboratory testing of material samples provided by the Contractor. The Contractor shall pay for (at no additional cost to the Owner) all retests made necessary by the failure of materials to conform to the requirements of these Specifications and Contract Documents. ' 1.08 Review of Submittals A. Review Time Allow a minimum of four weeks for the Engineer's initial processing of each submittal requiring review and response, except allow longer periods where processing must be delayed for coordination with subsequent submittals. The Engineer will advise the Contractor promptly when it is determined that a submittal 1 being processed must be delayed for coordination. Allow two weeks for reprocessing each submittal. Advise the Engineer on each submittal as to whether processing time is critical to progress of the work, and therefore the work would be 1 expedited if processing time could be foreshortened. B. Engineer's Action 1. Final Unrestricted Release 1 Work may proceed, provided it complies with contract documents when submittal is returned with the following: 1 Marking: "A" - No Exceptions Taken. 1 05/19/10 G003- 108W401340 1 01340 -7 Shop Drawings, Product Data, And Samples 2. Final- But - Restricted Release Work may proceed, provided it complies with notations and corrections on submittal and with contract documents, when submittal is returned with the following: Marking: "B" — Make Corrections Noted. 1 3. Returned for Resubmittal 1 thereonDo not , and proceed resubmit with Work. without delay Revise to submittal obtain a in different accordance action with marking. notations Do not allow submittals with the following marking (or unmarked submittals where a marking is required) to be used in connection with performance of the work. 1 Marking: "C" - Revise and resubmit. "D" - Rejected - Does Not Comply with Project Requirements. 1 Only two copies of items marked "C" or "D" will be reviewed and marked. One 1 copy will be retained and the other copy with all remaining unmarked copies will be returned to the contractor for resubmittal. 1 END OF SECTION 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01340 1 Section 01500 Construction Facilities 1 Part 1 General 1 1.01 Sanitary Facilities ' The Contractor will provide sufficient sanitary facilities in proximity to the areas of work for his employees and those employees of his subcontractors. The Contractor will be responsible for continual maintenance and servicing of these facilities. 1 1.02 First Aid Facilities The Contractor shall maintain at a well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including ' employees) who may be injured on the job site. In no case, shall employees be permitted to work at a job site before the employer has made a standing arrangement (verified in writing to the Owner) for removal of injured persons to a hospital or a doctor's care. END OF SECTION 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01500 1 1 Section 01540 Job Site Security 1 Part 1 General ' 1.01 Barricades, Light, and Watchmen A. The Contractor shall furnish and erect such barricades, fences, lights, and danger ' signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in a color that will be visible at night. From ' sunset to sunrise, the Contractor shall furnish and maintain at least one Tight at each barricade and sufficient numbers of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. B. The Contractor will be held responsible for all damage to the work due to failure of ' barricades, signs, lights, and watchmen to protect it and whenever evidence is found of such damage, the Contractor shall immediately remove the damaged portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project has been accepted by the Owner. 1 C. All job site security shall be coordinated with the Owner's landfill security procedures. END OF SECTION 1 1 1 1 1 1 1 1 05/19/10 G003- 108W401540 1 1 Section 01562 Dust Control 1 Part 1 General 1 1.01 Description 1 Limit blowing dust caused by construction operations by applying water or employing other appropriate means or methods to maintain dust control. 1 1.02 Protection of Adjacent Property The bidders shall visit the site and note the buildings, landscaping, roads, parking ' areas and other facilities near the work site that may be damaged by their operations. The Contractor shall make adequate provision to fully protect the surrounding area and will be held fully responsible for all damages resulting from his operations. 1 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01562 1 1 Section 01610 Transportation and Handling 1.01 General 1 The Contractor shall provide transportation of all equipment, materials, and products furnished under these Contract Documents to the site of the work. In ' addition, the Contractor shall provide preparation for shipment and storage, unloading, handling and rehandling, short-term storage, extended storage, storage facilities, maintenance and protection during storage, preparation for installation, 1 and all other work and incidental items necessary or convenient to the Contractor for the satisfactory prosecution and completion of the work. ' 1.02 Transportation A. All equipment shall be suitably boxed, crated, or otherwise protected during 1 transportation. B. All equipment shall be shipped and delivered in the largest assembled sections ' practical or permitted by carrier regulations to minimize the number of field connections. C. The Contractor shall be responsible for ensuring that the equipment is assembled and transported in such a manner so as to clear buildings, power lines, bridges, and similar structures encountered during shipment or delivery to the site of the work. ' D. Small items and appurtenances such as gauges, valves, switches, instruments, and probes which could be damaged during shipment shall be removed from the ' equipment prior to shipment and packaged and shipped separately. All openings shall be plugged or sealed to prevent the entrance of water or dirt. 1 E. Temporary shipping braces and supports shall be painted orange or yellow for easy identification. 1 1.03 Handling ' A. All equipment, materials, and products shall be carefully handled to prevent damage or excessive deflections during unloading or transportation. All equipment, materials, and products damaged during transportation or handling shall be repaired or replaced by the Contractor at no additional cost to the Owner prior to 1 being incorporated into the work. B. Lifting and handling drawings and instructions furnished by the manufacturer or supplier shall be strictly followed. Eyebolts or lifting Lugs furnished on the equipment shall be used in handling the equipment. Shafts and operating mechanisms shall not be used as lifting points. Spreader bars or lifting beams shall 1 be used when the distance between lifting points exceeds that permitted by 05/19/10 G003- 108W401610 1 01610 - 113 Transportation and Handling standard industry practice. Slings and chains shall be padded as required to ' prevent damage to protective coatings and finishes. C. Under no circumstances shall equipment or products such as pipe, structural steel, ' casting, reinforcement, lumber, piles, poles, etc., be thrown or rolled off of trucks onto the ground. 1 D. Items such as nonmetallic pipe, nonmetallic conduit, flagpoles, and lighting poles shall be handled using nonmetallic slings or straps. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01610 1 1 Section 01620 Storage and Protection ' 1.01 General 1 Equipment shall be received, inspected, unloaded, handled, stored, maintained, and protected by the Contractor in a suitable location on or off site, if necessary, until such time as installation is required. 1.02 Storage 1 A. The Contractor shall be responsible for providing satisfactory storage facilities which are acceptable to the Engineer. In the event that satisfactory facilities cannot ' be provided on site, satisfactory warehouse acceptable to the Engineer will be provided by the Contractor for such time until the equipment, materials, and products can be accommodated at the site. ' B. Equipment, materials, and products which are stored in a satisfactory warehouse acceptable to the Engineer will be eligible for progress payments as though they 1 had been delivered to the job site. C. The Contractor shall be responsible for the maintenance and protection of all equipment, materials, and products placed in storage and shall bear all costs of storage, preparation for transportation, transportation, rehandling, and preparation for installation. D. Equipment and products stored outdoors shall be supported above the ground on suitable wooden blocks or braces arranged to prevent excessive deflection or ' bending between supports. Items such as pipe, structural steel, and sheet construction products shall be stored with one end elevated to facilitate drainage. 1 E. Tarps and other coverings shall be supported above the stored equipment or materials on wooden strips to provide ventilation under the cover and minimize condensation. Tarps and covers shall be arranged to prevent ponding of water. ' F. Fuels shall be properly stored and handled in accordance with all applicable state and federal requirements. Fuels shall be stored and handled in a manner to ' minimize fire hazards and spills. Containment areas shall be provided for the storage and use of all fuels, oils, and hydraulic fluids. Contractor shall utilize good housekeeping practices at all times. The Contractor shall be responsible for all clean up and proper disposal of spills and contaminated soils. Any damages to or contamination of existing monitoring system shall be solely the responsibility of the Contractor to correct. 1 END OF SECTION 05/19/10 G003- 108\XA01620 1 Section 01645 Manufacturer Services 1 Part 1 General 1.01 Scope A. The work under this Section defines the minimum scope of services to be provided by the Contractor using factory representatives of the manufacturers of the equipment to be installed during installation, start -up, and operator training. 1 B. Equipment manufacturers assigned unit responsibility for systems comprised of several components shall provide the services of factory representatives from 1 each component manufacturer to perform the duties required under these Specifications. The equipment manufacturer assigned unit responsibility shall be responsible for coordinating the activities of the system component 1 manufacturers. 1.02 Qualification 1 A. Qualification of the representatives for installation, start -up, and operator training purposes shall be appropriate for the equipment being installed and 1 shall be subject to the approval of the Engineer. Where equipment has significant process complexity, furnish the services of engineering personnel knowledgeable in the process involved and the function of the equipment. ' B. References in various equipment sections of the terms "factory representative" or "field representative" shall mean an employee of the equipment 1 manufacturer who is completely knowledgeable of the construction, installation, operation and maintenance of the equipment. A sales representative does not qualify. Any field or factory representative not an active employee of the manufacturer must provide documentation from the manufacturer stating that the individual, by name, has been formally trained in the installation, operation 1 and maintenance of the equipment and is authorized to make the required certification to perform the required services. ' 1.03 Coordination A. The Contractor shall coordinate the visits of factory representatives during ' installation, start -up and operator training in accordance with the requirements of Section 01655 of these Specifications. 1 B. The Contractor shall notify the Engineer 72 hours prior to any impending visit by factory representatives so that the Engineer can be present. 1 1 05/19/10 G003- 108\XA01645 1 1 01645 -116 ' Manufacturer Services C. The Contractor shall coordinate the visits of all factory representatives for ' operator training with the Owner. The Contractor shall provide the Engineer and Owner with a training schedule a minimum of 30 days prior to the start of the training period. D. When approved by the Engineer, the period of service on more than one item furnished by the same manufacturer may run concurrently. 1 1.04 Installation Inspection Services ' A. The Contractor shall furnish the services of a competent factory representative to inspect the installation of each piece of equipment prior to start-up and functional testing in accordance with the requirements of these Specifications. The time required shall be shown in the equipment sections of these Specifications, but shall be no less than one, eight -hour day. 1 B. The factory representative shall certify that the equipment has been installed in accordance with the manufacturers' recommendations and is ready for start-up. 1.05 Start -Up Services ' The Contractor shall furnish the services of a competent factory representative to supervise the start-up, functional testing, and field performance testing for each item or system installed in accordance with Section 01655. The time 1 required shall be shown in the equipment sections, but shall be no less than one, eight -hour day. 1.06 Operator Training Services The Contractor shall furnish the services of a factory representative to train the Owner's personnel in the operation and maintenance of each item installed under these Specifications. END OF SECTION 1 1 1 1 05/19/10 G003- 108\XA01645 1 Section 01655 1 Starting Of Systems Part 1 General 1.01 Scope 1 A. The work under this Section includes, but is not necessarily limited to, the provision of all labor and material required to perform start-up of all equipment and mechanical systems installed under this Contract. B. The work defined under this Section includes providing the services of a factory representative in accordance with the requirements of Section 01645 of these Specifications. ' C. Certification of start-up and full testing shall be performed by the manufacturer using the services of a factory representative trained in this type of service. D. Unless otherwise specified, the Contractor shall furnish all labor, materials, water, air, oil, power, fuel, chemicals, test equipment and other items required to conduct the field tests, including any retests. E. The cost of all testing shall be included in the Contract Price and no separate payment will be made. 1.02 Unit Responsibility 1 A single manufacturer shall assume unit responsibility for all items so specified in each section. Unit responsibility shall require that all items be products of, or guaranteed by, the manufacturer. The manufacturer shall be responsible for all 1 coordination between components and provide all submittals, installation and start-up assistance and certifications on the equipment as a unit. 1 1.03 Service A. Furnish the services of a competent factory representative of the equipment to be installed, for the purpose of supervising and /or inspecting the installation, placing the equipment in service and calibrating and adjusting each item of equipment. Qualification of the representative shall be appropriate to the type of equipment furnished and subject to the approval of the Engineer. Where equipment furnished has significant process complexity, furnish the services of ' engineering personnel knowledgeable in the process involved and the function of the equipment. Furnish these services for minimum number of days recommended by the manufacturer and approved by the Engineer. 1 B. In addition to the service period, furnish the services of a competent factory representative of the manufacturer of the equipment listed above for one day 1 05/19/10 G003-108 \XA01655 1 01655 -118 1 Starting of Systems during the initial operation for instructing the repair of the equipment. The initial operation period is in addition to any time required by the manufacturer's representatives to perform adjustments or accomplish performance testing. Schedule all factory representatives to be present at the same time for the 1 purpose of coordinating the operation of all equipment. 1.04 Installation Inspection A. Prior to energizing any piece of equipment or performing a functional test, a factory representative of the equipment manufacturer shall inspect the 1 installation of the equipment. The factory representative shall determine if the equipment has been installed in accordance with the manufacturer's recommendations, pre - start -up maintenance has been performed, and is ready 1 for start -up and the functional test. B. Should the installation inspection indicated that the equipment has been 1 improperly installed or prepared for start -up, the Contractor shall provide such modifications or adjustments as required for the equipment to operate properly. 1 C. The factory representative shall certify that the equipment has been installed in accordance with the Drawings, Specifications, and the manufacturer's recommendations and that the equipment is ready for start-up and functional testing. 1.05 Functional Test A. Following the installation inspection by factory representative, perform a functional test on each piece of equipment. The test shall consist of operation of the equipment on a normal duty cycle for a sufficient period of time to determine satisfactory operation (24 hours minimum). To the maximum extent ' practical, exercise the full capabilities of all equipment including remote operation, instrumented control schemes, alternate modes of operation and emergency operation. B. Should the results of the functional test indicate that the equipment has failed to perform in accordance with the Specifications, the Contractor shall make, at no ' additional cost to the Owner, all modifications and /or adjustments as required for satisfactory operation, including replacement of any or all components, if necessary. Following the modifications or adjustments, the Contractor shall ' repeat the functional test. This procedure shall be repeated until the results of the test indicate that the equipment has satisfied the requirements of the applicable Specification Section(s). 1 05/19/10 G003- 108\XA01655 1 1 01655 -3 Starting of Systems C. After the functional test is completed, each manufacturer shall certify, in writing, that tests were made in accordance with the Specifications and the ' manufacturer's recommendations, that the functional tests and start-up operation have been satisfactory and that the equipment is fully operational and capable of meeting operating requirements. 1 1.06 Certification ' A. Upon completion of start-up, the Contractor shall provide written certification from all equipment manufacturers' factory representatives. Written certification shall indicate that the tests were performed in accordance with the manufacturer's recommendations, that the test and start-up operation has been satisfactorily completed and that the equipment is fully operational under the design requirements. Written certification shall be filled with the Engineer on the manufacturer's stationary. B. References in various equipment sections to the terms "factory representative" 1 or "field representative" shall mean an employee of the manufacturer of the equipment who is completely knowledgeable of the construction, installation, operation and maintenance of the equipment. A sales representative does not 1 qualify. Any field or factory representative not an active employee of the manufacturer, must provide documentation from the manufacturer stating that the individual, by name, has been formally trained in the installation, operation ' and maintenance of the equipment and is authorized to make the required certification or perform the required services. ' 1.07 Dataplates ' Provide a stainless steel dataplate for each item of mechanical equipment. Provide separate dataplates for electric motors and engines in addition to dataplates for driven equipment. Dataplates shall provide information on ' operating characteristics and indicate the manufacturer's name, model number, serial number and other information necessary to identify the equipment. 1 1.08 Equipment Specifications The use of singular or plural terminology in the Specifications is not intended to ' define the number of units required to fulfill Contract requirements. Bidders must consult the Drawings to determine how many units of a particular piece of equipment are required. This does not relieve the Bidder of the responsibility to ' provide all equipment specified when multiple units are specifically required in the Specifications. 1 05/19/10 G003- 108W401655 1 01655 -4 Starting of Systems 1 1.09 Delivery 1 The scheduling of equipment deliveries to the job site is the responsibility of the Contractor. Mechanical equipment and related electrical components shall not be delivered before satisfactory storage is available. Store equipment indoors 1 unless specifically prepared and certified for Tong -term outdoor storage by the manufacturer. 1 1.10 Control and Instrumentation Components Control and instrumentation equipment furnished by the mechanical equipment manufacturer shall conform to the applicable requirements of Division 16. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01655 1 1 Section 01710 Cleanup Part 1 General 1 1.01 Description This section covers general cleaning which the Contractor shall be required to perform both during construction and before final acceptance of the project unless otherwise shown on the Drawings or specified elsewhere in these specifications. 1.02 Hazard Control 1 A. The Contractor shall store volatile wastes in covered metal containers and remove from premises daily. B. The Contractor shall prevent accumulation of wastes which create hazardous conditions. C. Burning or burying rubbish and waste materials on the site shall not be allowed. D. Disposal of volatile wastes into sanitary or storm sewers shall not be allowed. ' E. Disposal of all hazardous or volatile wastes shall be in accordance with all State and Federal requirements. 1 F. All construction equipment and support vehicles shall be in good condition and shall p pp 9 ' not leak hydraulic oils, motor oils, or fuels, If equipment leaks such environmentally hazardous liquids, the equipment will be removed from the work area and repaired and all contaminated soils or materials shall be removed and properly disposed of ' in accordance with State and Federal requirements. 1.03 Disposal of Surplus Materials 1 A. Unless otherwise shown on the Drawings, specified or directed, the Contractor shall dispose of all surplus excavated materials and materials and equipment from demolition, legally off the site, and shall provide his own suitable, off -site spoil area, or on a site designated by the Owner. ' B. The Owner shall have the opportunity to inspect any equipment or materials removed prior to disposal by the Contractor. If said equipment and /or materials are determined to be salvageable by the Owner, the Contractor shall transport said equipment and material to a building or area designated by the Owner. 1 1 05/19/10 G003- 108\XA01710 1 1 01710 - 122 Cleanup 1.04 Final Cleaning A. The Contractor shall: ' 1. Schedule cleaning operations so that dust and other contaminants resulting from the cleaning process will not fall on wet, newly painted surfaces. 2. Employ experienced workmen or professional cleaners for final cleaning. 3. Broom clean paved surfaces; rake clean other surfaces of grounds. 1 4. Upon completion of the work, Contractor shall remove from the site all plant, material, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 5. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new - appearing condition. 1 B. Restoration of Landscape Damage Any landscape feature scarred or damaged by the Contractor's equipment or ' operations shall be restored as nearly as possible to its original condition at the Contractor's expense. The Engineer will decide what method of restoration shall be used. C. Post - Construction Cleanup or Obliteration 1 The Contractor shall obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction. 1 END OF SECTION 1 1 1 1 05/19/10 G003- 108\XA01710 1 1 Section 01720 Project Record Documents 1 Part 1 General 1.01 Description A. Maintain at the site for the Owner one record copy of: 1 1. Drawings 1 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Engineer Field Orders or Written Instructions 6. Approved Shop Drawings, Product Data and Samples 7. Field Test Records 1 1.02 Maintenance of Documents and Samples A. Store documents and samples in Contractor's field office separate from documents used for construction. 1. Provide files and racks for storage of documents. ' 2. Provide locked cabinet or secure storage space for storage of samples. 1 B. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. 1 C. Make documents and samples available at all times for inspection by the Engineer and Owner. 1 1.03 Marking Mark with red erasable pencil and, where feasible, use other colors too. 1.04 Recording 1 A. Label each document "PROJECT RECORD" in neat large printed letters. 1 1 05/19/10 G003- 108\XA01720 1 1 01720 - 124 Project Record Documents 1 B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. C. Drawings 1 Legibly mark to record actual construction: 1. Depths of various elements of foundation in relation to finished grade. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimensions and detail. 1 5. Changes made by Field Order or by Change Order. 6. Details not on original contract drawings. D. Specifications and Addenda Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. ' 2. Changes made by Field Order or by Change Order. 1 1.05 Submittals A. At Contract close -out deliver Record Documents to the Engineer for the Owner. ' B. Accompany submittals with transmittal letters in duplicate, containing: 1 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative ' END OF SECTION 05/19/10 G003- 108\XA01720 1 1 Section 01730 Operating and Maintenance Data 1 Part 1 General 1.01 Scope A. The Contractor shall provide five copies of a complete and comprehensive ' reference manual (Operating and Maintenance Manual) containing operating and maintenance data to enable operators and plant engineers to correctly operate, service and maintain all equipment and accessories covered by the ' Specifications and Drawings. The data contained in the manual shall explain and illustrate clearly and simply all principles and theory of operation, operating instructions, maintenance procedures, calibration procedures and 1 safety precautions and procedures for the equipment involved. B. No separate payment will be made for the Operating and Maintenance 1 Manual and the cost of said manual shall be included in the Contract Price. 1.02 Submittal Schedule ' A. The Contractor shall submit, for the Engineer's approval, two preliminary copies of the manual with all specified material before the work covered by 1 these Contract Documents is 80 percent complete. The Engineer will notify the Contractor, in writing, of any deficiencies in the manual and will return one copy of the manual for completion and /or correction. B. Before final acceptance, the Contractor shall submit five copies of the revised p p manual, complete in detail as specified below. 1.03 Submittal Format 1 A. Each copy of the manual shall be assembled in one or more loose leaf binders, each with title page, typed table of contents, typed list of tables, typed list of figures, and heavy section dividers with reinforced holes and ' numbered plastic index tabs. Binders shall be 3 -ring, hardback type, with transparent vinyl pocket front cover suitable for inserting identifying cover and 1 with a transparent vinyl pocket on the spine for label. All data shall be punched for binding. Composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each ' manual shall have the project title, specification section number and title, and manual title printed thereon, all as approved by the Engineer. ' B. All copies of shop drawings, figures and diagrams shall be reduced to either 8 -1/2 x 11- inches or to 11- inches in the vertical dimension and as near as practical to 17- inches in the horizontal dimensions. Such sheets shall be folded to 8-1/2 x 11- inches. The manual and other data shall be printed on 1 05/19/10 G003- 108W401730 1 1 01730 - 126 ' Operating and Maintenance Data first quality paper, 8-1/2 x 11 -inch size with standard 3 -hole punching. Binders shall be labeled Vol. 1, Vol. 2, etc., where more than one is required. The table of contents for the entire set, identified by volume number, shall appear in each binder. Text, figures and drawings shall be clearly legible and 1 suitable for dry process reproductions. C. Each submittal shall have a cover sheet that includes the following 1 information: 1. The date of submittal and the dates of any previous submittals. 2. The Project title. 1 3. Numerical submittal numbers, starting with 1.90, 2.90, etc. Revisions to be numbered 1.91, 1.92, etc. 1 4. The names of: a. Contractor 1 b. Supplier c. Manufacturer 1 5. Identification of the product, with the Specification section number, permanent equipment tag numbers and applicable Drawing No. 1 D. The Engineer will not recommend final acceptance of the Work until the Operating and Maintenance Manual is complete and satisfactory to Engineer. ' 1.04 Contents of Operating and Maintenance Manual ' A. Each manual shall include a title page which includes all information specified in Article 1.03, paragraph C. of this Section. In addition, the title and page c's e, , le , 1 contact; shall manufacturer's turer equipment addr ss name phone and model number number supplie address, phone number, facsimile number, and contact. ' B. Each manual shall include a table of contents identifying the location of each item listed below, for each component supplied. For items not applicable to a component, the table of contents shall list N/A for the page number. 1 1 05/19/10 G003- 108\XA01730 1 1 01730 -3 Operating and Maintenance Data C. For all equipment, the Contractor shall furnish a complete, detailed listing of all equipment, components and accessories showing component name, ' manufacturer, model number and quantity information shall be furnished for each component as outlined below: ' 1. Equipment function, normal operating characteristics, performance data and limiting conditions. 1 2. Detailed disassembly, overhaul and reassembly, installation, alignment, adjustment and checking instructions. 1 3. Detailed operating instructions for start-up, calibration, routine and normal operation, regulation and control, safety, shutdown and emergency conditions. Detailed list of settings for relays, pressure switches, temperature switches, level switches, thermostats, alarms, relief valves, rupture discs, etc. 4. Detailed preventative maintenance procedures and schedules, including detailed lubrication instructions and schedules, identification of required lubricants and operating fluids (description, specification and ' trade name of at least two manufacturers), and diagrams illustrating lubrication points. 1 5. Detailed guide to "troubleshooting ". ' 6. Detailed parts lists identified by title, materials of construction, manufacturer's part number, list of recommended spare parts identified as specified above, predicted life of parts subject to wear, and an ' exploded or concise cut -away view of each equipment assembly. 7. Electrical and instrumentation schematics, including motor control centers, control panels, instrument panels and analyzer panels. 8. List of all special tools supplied and description of their use. Special ' tools include any tool not normally available in an industrial hardware or mill supply house. ' 9. List of names and addresses of nearest service centers for parts, overhaul and service. ' 10. Procedures for storing, handling and disposing of any chemicals or products used with the equipment or system. 1 05/19/10 G003- 108\XA01730 1 1 01730 -4 1 Operating and Maintenance Data 11. The supplier's operation and maintenance information will address the 1 particular equipment furnished, with specific details on operation and maintenance practices. General data is not acceptable. Information contained in the manual which is not acceptable to the Project shall be 1 marked out and noted as "N /A ". END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 05/19/10 G003- 108\XA01730 1 1 Section 01740 Warranties and Bonds Part 1 General ' 1.01 Project Maintenance and Warranty ' A. Maintain and keep in good repair the improvements covered by these drawings and specifications during the life of the Contract. t B. Indemnify the Owner against any repairs which may become necessary to any part of the work performed and to items of equipment and systems procured for or furnished under this Contract, arising from defective workmanship or materials used therein, for a period of one year after acceptance of the work is received from EPD allowing the Owner to accept the work for operations. ' C. The Contractor shall not be obligated to make replacements which become necessary because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor ' or the Owner, or to perform any work which is normally performed by a maintenance crew during operation. 1 D. In the event of multiple failures of major consequences prior to the expiration of the one -year warranty described above, the affected unit shall be disassembled, inspected, and modified or replaced as necessary to prevent further occurrences. 1 All related components which may have been damaged or rendered non - serviceable as a consequence of the failure shall be replaced. A new twelve -month warranty against defective or deficient design, workmanship, and materials shall commence on the day that the item is reassembled and placed back into operation. As used herein, multiple failures shall be interpreted to mean two or more successive failures of the same kind in the same item or failures of the same kind in ' two or more items. Major failures may include, but are not limited to, cracked or broken housings, piping, or vessels, excessive deflections, bent or broken shafts, broken or chipped gear teeth, premature bearing failure, excessive wear, or excessive leakage around seals. Failures which are directly and clearly traceable to operator abuse, such as operations in conflict with published operating procedures, or improper maintenance, such as substitution of unauthorized replacement parts, use of incorrect lubricants or chemicals, flagrant over- or under - lubrication, and using maintenance procedures not conforming with published maintenance ' instructions, shall be exempted from the scope of the one -year warranty. Should multiple failures occur in a given time, all products of the same size and type shall be disassembled, inspected, modified or replaced, as necessary and rewarranted 1 for one year. E. The Contractor shall, at his own expense, furnish all labor, materials, tools and ' equipment required and shall make such repairs and removals or shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty 1 05/19/08 G003- 108\XA01740 1 0 1 - 740 130 I Warranties and Bonds materials, in any part of the Work performed by him. Such repair shall also include I refilling of trenches, excavations or embankments which show settlement or erosion after backfilling or placement. I F. Except as noted on the Drawings or as specified, all structures such as embankments and fences shall be returned to their original condition prior to the completion of the Contract. Any and all damage to any facility not designated for I removal, resulting from the Contractor's operations, shall be promptly repaired by the Contractor at no cost to the Owner. I G. In the event the Contractor fails to proceed to remedy the defects of which he has been notified within fifteen days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as I described in the drawings and specifications, and to hold the Contractor and the sureties on his bond liable for the cost and expense thereof. I H. Notice to Contractor for repairs and reconstruction will be made in the form of a registered letter addressed to the Contractor at his home office. I I. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any special guarantee time limit implies any limitation of the Contractor's liability with the law of the place of construction. 1 1 END OF SECTION 1 1 1 1 1 1 1 05/19/08 G003- 108\XA01740 1