Loading...
HomeMy WebLinkAboutLovers Lane Water Main ans Sewer Sanitary Extention Project Augusta Richmond GA DOCUMENT NAME: LD ve y '5> L-.o..-he. Wcle Jr f'-1c::L\' () CAr'd Sa.n i--\clx-'-j Sewer- EA-+en~, () n 17r-o ~ e..c +- DOCUMENT TYPE: Co n \-rLJ\Ci- YEAR: \Cl09 ...- BOX NUMBER: ~ FILE NUMBER: I 3 '6' ~ NUMBER OF PAGES: 110 I I I I I I I I I I I I I I I I I I I ~~ CONTRACT DOCUMENTS for and TECHNICAL SPECIFICATIONS LOVER'S LANE WATER MAIN AND SANITARY SEWER EXTENSION PROJECT Project Reference #98-144 Prepared For: Augusta-Richmond County Commission 530 Greene Street, Room 701 Augusta, Georgia 30911 (706) 821-1706 Prepared By: W. R. Toole Engineers, Inc. 349 Greene Street Augusta, Georgia 30901 (706) 722-4114 I I I I I I I I I I I I I I I I I I I July 14, 1998 PROJECT: BID ITEM NO.: BID DUE: Lover's Lane Sanitary Sewer Extension Project 98-144 July 30, 1998 (3:00 p.m.) ADDENDUM NO.3 Lover's Lane Sanitary Sewer Extension Project The scope of work for the Lover's Lane Sanitary Sewer Extension Project has been revised to include the installation of a 12" water main along Columbia Nitrogen Road. Please make the following changes to the plans and specifications: 1. Destroy design plans dated May 5, 1998, and Replace with new design plans dated May 5, 1998, revised July 9, 1998. 2. Replace the Invitation for Bids with new Invitation for Bids dated July 14, 1998. 3. Replace Proposal page No.2 (revised) with Quantity Takeoff sheet dated July 14, 1998. 4. Please acknowledge receipt of Addendum No.3 along with your Bid quote. I I I I I I I I I I I I I I I I I I I July 7, 1998 PROJECT: BID ITEM NO.: BID DUE: Lover's Lane Sanitary Sewer Extension Project 98-144 July 30.1998 (3:00 p.m.) ADDENDUM NO.2 Lover's Lane Sanitary Sewer Extension Project 1. CHANGE bid date and time on the Invitation for Bids and the Information for Bidders (IFB 1) sheets for the Lover's Lane Sanitary Sewer Extension Project as follows: Previson Date: Wednesday, July 15, 1998 New Date: Thursday, July 30,1998 Previous Time: 11 :00 a.m. New Time: 3:00 p.m. 2. Please acknowledge receipt of Addendum No.2 along with your Bid quote. I I I I I I I I I I I I I I I I I I I PROJECT: BID ITEM NO.: BID DUE: Lover's Lane Sanitary Sewer Extension Project 98-144 July 15, 1998 (11:00 a.m.) ADDENDUM NO.1 Lover's Lane Sanitary Sewer Extension Project 1. REPLACE Page 2 of Proposal (Bid Tabulation) with attached revised Page 2 (Addendum #1) dated July 2, 1998 2. Please acknowledge receipt of Addendum No. 1 along with your Bid quote. I I I I I I I I I I I I I I I I I I I Iitk Invitation for Bids Information for Bidders Proposal Bid Bond Agreement Performance Bond Payment Bond General Conditions Supplemental Conditions Technical Specifications: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 INDEX FOR CONTRACT DOCUMENTS ~ 1 1-3 1-4 1-2 1-2 1-2 1-2 1-33 1-5 Clearing & Grubbing Excavation, Trenching & Backfilling Grading Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Water Distribution Concrete Concrete Curb & Gutter Bituminous Paving Finish Grading and Grassing I I I I I I I I I I I I I I I I I I I INVITATION FOR BIDS SEALED BIDS for the construction of approximately 1, 167 linear feet of 8 inch sanitary sewer and appurtenances and 8 linear feet of 8 inch water main, 16 linear feet of 10 inch water main, and 4,081 linear feet of 12 inch water main and appurtenances, hereinafter referred to by project name as: BID ITEM #98-144 Lover's Lane Water Main and Sanitary Sewer Extension will be received at this office until 3:00 p.m., Thursday, July 30, 1998. Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Copies of the Contract Documents may be examined during regular business hours at the offices of: W. R. Toole Engineers, Inc. 349 Greene Street Augusta, Georgia 30901 Augusta-Richmond Purchasing Department 530 Greene Street, Room 605 Augusta, Georgia 30911 Copies may be obtained at the office of W. R. Toole Engineers, Inc. upon payment of $125.00 (NON-RETURNABLE) for each set. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award. The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. It is the wish of the Owner that minority business be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus June 16, 22, 30 & July 8, 1998 June 18, 1998 7/14/98 I I I I I I I I I I I I I I I I I I I INFORMATION FOR BIDDERS Bids will be received by the Augusta-Richmond County Commission (herein called the II OWNER "), at the office of the Purchasing Department until 3:00 p.m., Thursday. July 30. 1998, and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for Lover's Lane Water Main and Sanitary Sewer Extension Bid Item #98-144 and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Augusta-Richmond County Commission, c/o Purchasing Department, Room 605, Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The OWNER may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the OWNER for ten percent of the total amount of the bid. As soon as the bid prices have been compared, the OWNER will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. I I I I I I I I I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accomplished by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement the OWNER may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the OWNER. The OWNER within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The notice to proceed shall be issued within ten days of the execution of the Agreement by the OWNER. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated herein. A conditional or qualified bid will not be accepted. A ward will be made as a whole to one bidder. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. IFB-2 I I I I I I I I I I I I I I I I I I I The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the OWNER. Inspection trips for prospective bidders will be conducted by the OWNER if requested in writing by the bidder. Such request shall be directed to the Augusta-Richmond County Utilities Department Director by the bidder. The Engineer is W. R. Toole Engineers, Inc. IFB-3 I I I I I I I I I I I I I I I I I I I PROPOSAL for LOVER'S LANE WATER MAIN AND SANITARY SEWER EXTENSION The Augusta-Richmond County Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to a singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, the Contract Documents or by the Augusta-Richmond County Utilities Department, carries no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta- Richmond County Commission-Council, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta-Richmond County Utilities Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (NOTE: Bidders must bid on each item.) P-l I I WATER MAIN / SAN IT ARY SEWER EXTENSION Addendum #3 LOVERS LANE @ ROCK TENN SITE Bid Item #98-144 T.E. JOB # 98014 I QUANTITY TAKEOFF 7/14/98 0 .,,',"ih,,:'" ,',,'" "" .', ">,4.IU.Jl'lit. GlWSrlflt'ic'1UhltG'o$t' :!f;;, ] Tbtatl:lost .' . I Water Main (Site #1) 10. Gate Valve with Plug EA 1 $ 781.66 $ 761.66 12" Gale Valve EA 2 $ 869.15 $ 1.738.30 12" Gate Valve with Plug EA 1 $ 937.21 $ 937.21 I 8. X 8. Tapping Sleeve I Valve Assembly EA 1 $ 1,900.45 $ 1,900.45 12. X 10" Tapping Sleeve I Valve Assembly EA 1 $ 2,990.40 $ 2,990.40 12" X 6. Tee EA 1 $ 194.18 $ 194.18 12. X 10" Tee EA 1 $ 224.70 $ 224.70 I 12. X 12" Tee EA 1 $ 233.10 $ 233.10 8. X 12" Reducer EA 1 $ 134.03 $ 134.03 10. X 12" Reducer EA 1 $ 143.31 $ 143.31 8. Water Main LF 8 $ 15.23 $ 121.84 I 10. Water Main LF 16 $ 17.58 $ 281.28 12. Water Main LF 1666 $ 20.20 $ 33,653.20 Fire Hydrant. with Valve Assembly EA 1 $ 1,762.60 $ 1,762.60 Water Main (Site #2) I 12" X 6. Tee EA 2 $ 194.18 $ 388.36 12" X 12" Tee EA 1 $ 233.10 $ 233.10 12" Gate Valve EA 2 $ 869.15 $ 1.738.30 12" Gate Valve with Plug EA 1 $ 912.21 $ 912.21 I 12. Plug EA 1 $ 101.15 $ 101.15 12" Water Main LF 2415 $ 25.20 $ 60,858.00 Jack and Bore (CarTier Pipe, Nollncluded) LF 49 $ 92.00 $ 4,508.00 I Sanitary Sewer 8" Sanitary Sewer, Depth 0-6' LF 193 $ 14.17 $ 2,734.81 8. Sanitary Sewer, Depth 6-8' LF 250 $ 16.17 $ 4,042.50 8. Sanitary Sewer, Depth 8-10' LF 272 $ 18.17 $ 4,942.24 I 8" Sanitary Sewer, Depth 10-12' LF 378 $ 20.17 $ 7,624.26 8" Ductile Iron Sanitary Sewer LF 74 $ 26.00 $ 1,924.00 Sanitary Sewer Manhole, Depth 0-6' LF 5 $ 880.00 $ 4.400.00 Sanitary Sewer Manhole, Additional Depth VF 15 $ 106.00 $ 1,590.00 Cleanout EA 1 $ 111.93 $ 111.93 I Jack and Bore (CarTier Pipe, Not Included) LF 70 $ 117.00 $ 8,190.00 Concrete Encasement CY 2 $ 125.00 $ 250.00 PA VEMENT REPLACEMENT I OP'11Ofi If:t .'., J ~ 1 1/2" Asphalt, Type "E. TN 120 $ 50.60 $ 6,072.00 4. Asphalt Binder, Type "B. TN 313 $ 42.50 $ 13,302.50 I Bitum Tack Coat GAL 85 $ 1.00 $ 85.00 8. Graded Aggregate Base TN 600 $ 12.57 $ 7,542.00 Miscellaneous I Select Backfill CY 925 $ 5.75 $ 5,318.75 Lump Sum Construction: LS 1 $ 11,218.00 $ 11,218.00 Remove and Reset 30. R.C.P. I Grassing Soil Erosion Traffic Control i; ";:1:,:"':',' ,i.::'<: i,V> : T .'tOtal,8Jd'CoSt'io,: ,i'); .,. . ~..l\ $ ~Ii-' 193,1.63.37. I Unit Cost TN 120 $ 50.40 TN 626 $ 41.90 I GAL 85 $ 1.00 Additional Stone Bedding, if Required I I I I I I I I I I I I I I I I I I I I The contract covering the construction of all work described above will be completed within~ consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta- Richmond County Utilities Department Director: One Hundred Ninety-Three Thousand One Hundred Sixty-three and 37/100-------------------Dollars ($193.163.37) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $200.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date Addendum No.1 Addendum No.2 Addendum No.3 July 2. 1998 July 7. 1998 July 15. 1998 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal to one hundred percent (100 %) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of Ten Percent (10 %) of Bid Dollars being not less than ten (10 %) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. I I I I I I I I I I I I I I I I I I I The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Mabus Brothers Construction Co.. Inc. Name of Bidder Signature & Title of Authorized Representati ve 920 Molly Pond Road Business Address Augusta. Georgia 30901 City and State Date: I / I' ~ , BID BOND I I I I I I I I 1 I I I I I I I I Confonns with The American Institute of Architects, A.I.A. Document No. A.310 KNOW ALL BY THESE PRESENTS, That we, Mabus Brothers Construction Co, Inc as Principal, hereinafter called the Principal, and the Travelers Casualty and Surety Company of America of Hartford, CT , a corporation duly organized under the laws of the State of Connecticut , as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond Commission as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ Ten Percent of Bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lover's Lane Water Main and Sanitary Sewer Extension NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th ~~,~ July 1998 (Seal) Principal ~'f Title day of Witness { ~t/~ / Travelers Ca America { Byk//!/~~ Attorney-in-Fact Witness S-00541G6€F 2198 I I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned as Principal and as Surety, are hereby held and firmly bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of for the payment of which, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 19 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the Lover's Lane Water Main and Sanitary Sewer Extension. NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. BB-1 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the date and year first set forth above. (L. S . ) Principal Surety By: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB-2 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, made this day of , 19_, by and between the Augusta-Richmond County Commission, hereinafter called "OWNER" and Mabus Brothers Construction Co.. Inc. doing business as (an individual) or (a partnership) or (a corporation) hereinafter called "Contractor II . WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete construction for Lover's Lane Water Main and Sanitary Sewer Extension. 2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete same withiIL..Q!L calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of $One Hundred Ninety-Three Thousand One Hundred Sixty-Three and 37/100 5. The term "Contract Documents" means and includes the following: (a) Invitation for Bids (b) Information for Bidders (c) Proposal (d) Bid Bond (e) Agreement (f) General Conditions (g) Supplemental Conditions (h) Payment Bond (i) Performance Bond (j) Drawings Prepared by Owner (k) Technical Specifications (1) Addenda: No.1, dated July 2, 1998. No.2, dated July 7, 1998. No.3, dated July 15, 1998. 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the I I I I I I I I I I I I I I I I I I I General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement ~ (number of copies) each of which shall be deemed an original on the date first above written. OWNER: Augusta- BY: E: (Type r Print) TITLE: ~ 4tjrJ/t CONTRACTOR: JJI/lfbf &r/leRrC//st:e~Cfl&rl r:. .;Ce. BY:~~~ NAME: kmv ~A;ti'u..S f1?es. , r (Type or Print) ADDRESS: 9..20 $dlLY /thO' ~~'<;:>.~~li::.~'Il ...7~.........\\.KHMo!~\':tl D' "-". $000"". ". th p:;> 00 o. '-0 y p /~ or;/' ...... r ~A rIh~V 00 .... 0.. ':'j. "p (S~~l .~t\'~ \.~~ p. . ~ '1- :-o~.A{:~~ ~ ~ ~ 'D 0 ,'K.-..;.~.;:;~.~' !,:~ ~. ~ ....." .' :)l::.v....'o..o},:.,,,; ~ _ ~ ATTEST:~ ~ ~ . "-"~"":(\iJ ,,,. !::t i;J Y,\ 0 .. o'~t!f v. 'r. o. P ~ t:l~ ~- ~AME^~it~-.::r &;rfff::~ TITLE Ck;eK. 0+ UmrAJ.SS/brl ~ o<h (SEAL) '</?R~V c::;,tX-S /3V '(TYJ?~r P{int) J./, f: S E c.. I A-2 I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called a Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of _ dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of Lover's Lane Water Main and Sanitary Sewer Extension. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall be in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PFB-l I I I I I I I I I I I I I I I I I I I PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in _(number) of counterparts, each of which shall be deemed an original this _day of , 19_ ATTEST Principal (Principal) Secretary By (s) (SEAL) Address (Witness as to Principal) (Address) Surety ATTEST: By Attorney-in-fact (Surety) Secretary (SEAL) Address Witness as to Surety Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and authorized to transact business in the state where the project is located. PFB-2 . ~ ~ AIA Document A312 Performance Bond BONDIIllSl03084254 Confonns with the American Institute of Architects, ALA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond RD, Augusta, GA 30901 OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street, Augusta, Ga. 30911 CONSTRUCTION CONTRACT Date: Amount: $193,163.37 Description (Name and Location): Lover's Lane @ Rock Tenn Site BOND Date (Not earlier than Construction Contract Date): Amount: $193,163.37 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Mabus Brothers Con (Corporate Seal) Signature: Name and Tl e: ;C-"R. If (Any additional signa es appear on page .) (FOR INFORMA nON ONLY - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc 3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339 7706182082 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance'of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-18521GEEF2I98 Page 1 of 2 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 ~ None OSee Pag0 "2 SURETY Company: Travelers Casualty (Corporate Se~iJ." and Surety Company of America . -: . ~ .' Signature: f1/./Y c/~ 4~ Name and Title: W. G. Van Buskirk, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms qf the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 ~ge for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract i~.elf, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICA TrONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-18521GEEF 2198 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 I I I I I I I 1 I I I 1 I 1 I 1 I I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, assigns, jointly and severally, firmly by these presents. The Condition of this obligation is such that whereas the Principal entered into a certain contract with the Owner dated the day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of: Lover's Lane Water Main and Sanitary Sewer Extension NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, contractors and corporations furnishing material for or perfonning labor in the prosecution of the work provided for in such contract and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work and all insurance premiums on said work and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PYB-l I I I I I I I I I I I I I I I I I I I PROVIDED FURTHER, that no fmal settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed ~(number of copies) counterparts, each one of which shall be deemed an original, this the _day of 19 ATTEST Principal By (s) Principal Secretary Address (SEAL) Witness as to Principal Address ATTEST: Surety Surety Secretary By Attorney-in-fact (SEAL) Address Witness as to Surety Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. PYB-2 AlA Document A312 BOND#11 81 03084254 Payment Confonns with the American Institute of Architects, AlA Document A3 12. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, lnc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street, Augusta, Ga. 30911 CONSTRUCTION CONTRACT Date: Amount: $193,163.37 Description (Name and Location): Lover's Lane @ Rock Tenn Site BOND Date( Not earlier than Construction Contract Date): Amount: $193,163.37 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: , Mabus Brothers Con (Corporate Seal) Signature: Name and Title: ,L/I/? (Any additional signatur appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc 3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURElY 5026 (6-92) S-1653/GEEF 2/98 Page 1 of 2 Bond SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 ~ None o See Page 2 SURETY Company: Travelers Casualty (Corporate Seal) and Surety Company of America Signature: 14/ /f/ f/dAA- ~ Name and Title: W. G. Van Buskirk, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which ." the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts ; that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfonnance of the Construction Contract and to satisfy claims, if any, under any Construction Perfonnance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICA nONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall penn it a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnance of the Contract. The intent of this Bond shall be to include without limitation in tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfonnance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other tenns thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1853/GEEF 2/98 fCorporate Seal) Signature: Name and Title: Address: Page 2 of 2 POWER OF A TIORNEY FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 4333 Brooklyn Avenue N .E. Seattle, W A 98105 KNOW ALL BY THESE PRESENTS: No. 9643 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporatio~ does hereby appoint ****JAMES R. WILLIAMS; W.G. VAN BUSKIRK; CYNDI Mc[EOD-LAWREN~E; VERA COHAN; Atlanta, Georgla** its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 17 day of June 19 97 CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Ar~icle V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By-Laws. and (jj) A copy of the power-of-attorney appointment. executed pursuant thereto, and (Hi) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the' Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 19 S'1049/EP 11/95 :m::..Aco7ijj....\I/:::::::;::::::::::::ifjfiJl:::a:u;,:;;:::k:::'::::::::::eI::J,ii.in;;rIj:::::::::::::::g::::::::::::::::::::::::::;:::::((::::::}::::::::::(::::::::::::::::I::::::?\:::::::::::;:::::::::Ii(:((::((:I:::::::I:Ii(::((I:::::::-..............................:) :::::L::.:.:..::.:::.:::.:.:.:::.:.:.:.:.::.:.:.:.:.:.:.::.:~::::::.I:lm~:::~:::::::::!0.~::~~I5i~:::.:~:.m:::::::!:~I.e::I:glll:::::"~I~:I\II:I:I\m\.::::~:::\:\:~:::~:~:::\\:\::::\:\\\\::\\:::\:::~::::\:::\:::::::\:::i:::::::::::::DAT~(;/~/gf~):::. PRODU~f,R 770-953-9002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Palmer & Cay of Georgia, Inc. P. O. Box 724028 Atlanta, GA 31139-1028 COMPANY A CN~ Insurance Company INSURED Mabus Brothers Construction Co 920-B Molly Pond Road Augusta GA 30901 COMPANY B National Union COMPANY C THIS IS TO CERTIFY THAT 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/vYI DATE (MM/DDIYY) A GENERAL lIABILITY C01030240706 6/30/98 6/30/99 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2000000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000 FIRE DAMAGE IAny one flrel 50000 MEO EXP (Anyone person) 5000 A AUTOMOBILE LIABILITY BUA 1 030240723-SC 6/30/98 6/30/99 COMBINED SINGLE LIMIT X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS lPer person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS IPer accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: B EXCESS lIABILITY 3576139 6/30/98 6/30/99 EACH OCCURRENCE X UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WC1030240740 6/30/98 6/30/99 EMPLOYERS' lIABILITY 500000 EL EACH ACCIDENT THE PROPRIETOR! INCL EL DISEASE - POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE. EA EMPLOYEE 500000 A OTHER C01030240706 6/30/98 6/30/99 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Lover's Lane Water Main and Sanitary Sewer Extension Project :@W{TIf@A\i@)iQ4P!;i.[tffffFl::::::::::::f:::tt::::ttt:::::::::::::\:\::mr\::f::\:::\t::t:\:\:\t:\t::f\::t:\::tt:::\t:f:t:::t:f\:\::?:::g#.ti@m;g~mi.9Mt:\:\:f:::l::::::::::\t:\r::t:::::\:::::::f::::::t::t:::}:\:t:::::::::::tt::tt\tf\ff::::::\::t::::::t::t:\::::t:::ff::::::::::t:\f:: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL 530 GREENE STREET AUGUSTA, GA. 30911 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --12... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY S AGENTS OR REPRESENTATIVES. :AQQ:Rq::'i$.:~$N\#~\$F::::::m=::::::::::mm:::::::t::::::t:::fm::::::t:\:\:\t::t:f::t::::mm::::::::::\:m=\m=m=m=ffm=\nMBWf\m=:\:::\::::tt:::::::\::::l:::::::\::t:::m=m=F\/:t I I I Article Number I 1 I 2 3 I 4 5 I 6 7 I 8 I 9 10 I 11 12 I 13 I 14 15 I 16 17 I I I I I I TABLE OF CONTENTS OF GENERAL CONDmONS TItle Definitions Preliminary Matters Contract Documents, Intent, Amending and Refuse Availability of Lands; Physical Conditions; Reference Points Bonds and Insurance Contractor's Responsibilities Other Work Owner's Responsibilities Engineer's Status During Construction Changes in the Work Change of Contract Price Change of Contract Time Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work Payments to Contractor and Completion Suspension of Work and Termination Arbitration Miscellaneous I I' GENERAL CONDITIONS 1 ARTICLE 1 - DEFINITIONS I Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. 1 A f{reement: The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. I 1 ArJDlication for Pcr.yment: The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. I I /lid: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I lk!ndJ:; Bid, perfOlIllllDCe and payment bonds and other instruments of security. 1 Chanf{e Order: A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract TIlDe, issued on or after the Effective Date of the Agreement. I I Contract Documents: The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (mcluding dnMrrnPntAnon accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exlubit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, I 1 I I 1 modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price: The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time: The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONIRACTOR: The person, firm or corporation with whom OWNER has entered into the Agreement. defective: An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawines: 'The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. FJfective Dare Q,f the A f{reemen!: The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreemeot is signed and delivered by the last of the two parties to sign and deliver. ENGINEER: The person, firm or corporation named as such in the Agreement. Field Order: A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements: Sections of Division 1 of the Specifications. 2 I I Laws and ReKulations. Laws or ReKulations: Laws, rules, regulations, ordinances, codes and/or orders. I Notice if Award: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent emunerated therein, within the time specified, OWNER will sign and deliver the Agreement. I I Notice to Proceed: A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to nm and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. I I OWNER: The public body or authority, corporation, association, firm or person with whom CONTRACTOR has emered into the Agreement and for whom the Work is to be provided. I Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related fA11POS6) before reaching Substantial Completion for all the Work. I I f:rJ:lkJ;r. The total constroction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. I Resident Prqfect ReTJresentative: The authorized representative of ENGINEER who is assigned to the site or any part thereof. I Shqp DrawinV: All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I I STJecjfications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and worhnAn~Qip as applied to the Work and certain administrative details applicable thereto. I I Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of I I the Work at the site. Substantial ComTJletion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documems, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. SUTJTJlemenJary Conditions: The part of the Contract Documents which amends or supplements these General Conditions. SUTJTJlier: A manufacturer, fabricator, supplier, distnbutor, materialman or vendor. Underflround Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work: Work to be paid for on the basis of unit prices. ]fQdr. The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Chanee: A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by. OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the 3 I I parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. I I Written Amendment: A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. I I I ARTICLE 2 - PRELIMINARY MATI'ERS Dellvery of Bonds: I 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. I Copies of Documents: I 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. I I Commencement of Contract TIme; Notice to Proceed I 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. I I SJarling the Project: I 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but DO Work shall be done at the site prior to the date on which the Contract Time commences to run. I I I Before SJarting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the work. 2.6.2. a preliminary schedule of Shop Drawing submissions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into ~ parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli~le to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and mAintain in accordance with paragraphs 5.3 and 5.4 and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and mAintain in accordance with paragraphs 5.6 and 5.7. 4 I I Preconstructlon Conference: I 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACI'OR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. I I I Flnal1zJng Schedules: I 2.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACI'OR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schem1le will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or <:rhMllling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. I I I I I ARTICLE 3 - CONTRACT DOCUMENTS: INfENT. AMENDING. REUSE Intent: I 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complememary; what is called for one is a binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. I I 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. Then words which have a well- I I I I known technical or trade meaning are used to descnbe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the CODtract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contrad Documents: 3.4. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or 5 I I 3.4.3. a Work Directive Change (pursuant to paragraph 10.1). I As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. I 3.5. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: I I 3.5.1. a Field Order (pursuant to paragraph 9.5), I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27) or I 3.5.3. ENGINEER's written intetpret.ation or clarification (pursuant to paragraph 9.4). I Reuse of DocumenJs: 1 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I I ARTICLE 4 - A V AILABILITY OF LANDS: PHYSICAL CONDmONS: REFERENCE POINTS A vaJIab/JJty of Lands: 1 4.1. OWNER shall furnish, as indicated in the Comrac:t DoaIIDf'4lts, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or easements entitles CONTRACfOR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as I 1 I I I provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Condliions: 4.2.1. Explorations and Revorts: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, intetpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existinf Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical CODditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTORS's purposes. Except as indicted in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.2.3. ReDort q,f Ditferinr Conditions: If CONTRACTOR believes that: 4.2.3.1. any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indicated, reflected.Dr referred to in the Contract Documents. 6 I I CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. I I 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or test with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. I I 4.2.5. Possible DocumenJ ChanKe: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. I I I 4.2.6. Possible Price and Time A4/ustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof, will be allowable to the extent that they are attnbutable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 and 12. I I I Physkal Conditions-Underground Facilities: I 4.3.1. Shawn or IndiCaled: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: I I I 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and I I I 4.3.1.2. CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or iodicated in the Contract Documents and which CONTRACTOR could nqt reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the. Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Tune, or both, to the extent that they are attnbutable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to 7 I I establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. I I I I I ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds: I 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescnbed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. I I I I I I 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter be acceptable to OWNER. I I Contractors Liability Insurance: I 5.3. CONTRACTOR shall purchase and mAintiUn such comprehensive general liability and other insurance as is appropriate for the Work being performed and I I fuinished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or fwnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefits acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person. by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, becm1se of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws and Regulations for damages because of bodily injury or death of any person or for damage to property ; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3. shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required 8 I I to be purchased and maintained (or the certificates or other evidence thereot) shall contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance I I I I I 5.4. The comprehensive general liability insurance required by paragraph 5.3. will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. I Owner's Liab/lity Insurance I 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and tTlllint.lliT1 such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. I I Property Insurance: I 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductIble amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expemes arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other I I I I I I I professionals). H not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance or portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall plt'Chase and tTlllintJlin such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of the OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance .(or the certificates or other evidence thereot) required to be purchased and l1lllintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interestsofCONTRACTOR,S~~rsorrnhers in the Work to the extent of any deductIble amounts that are provided in the Supplementary Conditions. The risk of loss within the deductIble amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and mRintRip it at the purchaser's own expense. 5.10. HCONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of RJghts 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and 9 I I damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGINEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, ENGINEER, ENGINEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to be proceeds of insurance held by OWNER as trustee or otherwise payable. I I I I I I 5.11.2. OWNER an:! CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss of damage the insurer will have no rights of recovery against any of the parties named as insured or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGINEER's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontra.ctor, CONTRACTOR will obtain the same. I I I I I Receipt and AppUcatJon of Proceeds: I 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distnbute it in accordance with such agreement as the parties in interest may reach. IT no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof an:! the Work and the cost thereof covered by an I I I I I appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of the loss to OWNER's exercise of this power. IT such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. IT required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. IT OWNER has any objection to the coverage afforded by or o~r provisions of the insurance required to be purchased and nu,intained by CONTRACTOR in accordance with paragraphs 5.3. and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. IT CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten of the date of delivery of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial UtiJization - Property Insurance: 5.15. IT OWNER finds it necessary to occupy or use a portion or portions of the Work: prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but 10 I I the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. I I ARTICLE 6 RESPONSIBILITIES CONTRACTOR'S Supervision and Superintendence: I 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perl'orm the Work in accordance with the Contract DnMttTtPnt"l. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have 811thority to act on behalf of CONTRACTOR. All COIDIllIJIlications given to the superintendent shall be as binding as if given to CONTRACTOR. I I I Labor, Materials and Equipment: I 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times TTUI;nta;n good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. I I I I 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and I I assume full responsibility for all materials, equipment, Jabor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; bJ.it no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. A4Justing Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developmems; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SubstiJuJes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or descnbed in the Contract Docnn,."m<l by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted,. materials or equipmeDt of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as 11 I I supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I I I I I I I I I I I 6.7.2. If a specific means, method, technique, sequence or procedure of constroction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that I I I I - indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the General Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute. Concerning Subcontrtutors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement of acceptance by OWNER and 12 I I ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. I I I I I I I 6.9. CONTRACTOR shall be fully responsible to OWNER ani ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. I I I I I 6.10. lbe divisions and sections of the Specifications and identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. I 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specificaDfbinds the Subcontractor to the applicable terms and conditions of the Contract DOCIJIJlOOts for the benefit of OWNER and ENGINEER ani contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a I I I I just share of any insurance moneys received by CONTRACTOR on accoUDt of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Docume:nt.s for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER ani anyone directly or indirectly employed by either of them from and against all claims, damages, losses ani expenses (mcluding attorneys' fees and court ani aIbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all comtruction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges which are applicable at the time of opening Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, ani OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulatlons: 6.14.1. CONTRACI'OR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly 13 I I required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations I I 6.14.2. If CONTRACTOR observes that Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work mowing or having reason to mow that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to IDB.ke certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I Taxes: I 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. I I Use of Premises: I 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Dcx:umeDt.s and other land and areas permitted by Laws and Regulations, right-so-way, permits and easements, and shal1 not unreasonably encumber the premises with constnJction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other part by agreemecl or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expense (including, but not I I I I I I I limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, iDdirectIy or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall rnllint.ain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Sqfefy and Protection: 6.20. CONTRACTOR shall be responsible for initiating, JTUlintllining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other 14 I I persons and organizations who may be affected thereby; I 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and I 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. I I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and mnint1lin all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attnbutable, directly or iodirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). I I I I I I I I I I 6.21. CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR or OWNER. I I I Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to any emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplementary cooditions, five copies (unless otherwise specified in the General Requirements) of all Shop drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract 1)nr.1Tt1Pntl: with respect to the review of the submission and will be identified clearly as to material, Suppler, pertinent data such as catalog numbers and the use for which intended. 15 I I 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. I I I I 6.25.2. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to Engineer for review and approval of each such variation. I I 6.26. ENGINEER will review and approve with reasonable pIUllJlAuess Shop drawings and samples, but Engineer's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I I I I 6.27. ENGINEER's review and approval of Shop drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract documents unless CONTRACTOR has in writing called ENGINEER's att.emion to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop drawing or sample approval; I I I I nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.1 6.28. Where a Shop Drawing or sample is required by the Specifications and related Work performed prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR.. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work: and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, excqt as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnljication: 6.30. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claim<;, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work:, provided that any such claim, damage, loss or expense (as) is attnbutable to bodily injury, sickness, disease or death, or to injury to or destruction of tanglble property (other than the Work: itself including the loss of use resulting therefrom IUld (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organi.z.ation directly or indirectly employed by any of them to perform or furnish any of the Work: or anyone for whose acts any of them may be liable, regardless of whether or DOt it is caused in art by a party indemnified hereunder or arises by or is imposed by lAw and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any subcontractor. any person or organi.z.ation directly or indirectly employed by any of them to perform or furnish any of the Work: or anyone for whose acts any 16 I I of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor other person or organization under workers I or wormen I s compensation acts, disability benefit acts or other employee benefit acts. I I I 6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. I I ARTICLE 7 - OTHER WORK I ReloJed Work at Site: I 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work: is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; aDd, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR shall make a claim therefor as provided in Articles 11 and 12. I I I 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work: with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cuttiJJg, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and I I I I I I I other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work: depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing it unavailable or unsuitable for such property execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work:. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents sbalI be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make paymems to CONTRACTOR promptly after they are due as provided in paragraphs 14.4. and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to 17 I I establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in preparing the drawings and Specifications. I I I 8.5. OWNER's responsibilities in respect of purchasing and m..,nt..,n,ng liability and property insurance are set forth in paragraphs 5.5. through 5.8. I 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph lOA I 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. I 8.8. In CODDeCtion with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. I I ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: I 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall . not be extended without written consent of OWNER and ENGINEER. I I VISITS to SITE: I 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced I I I I I llIld qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represem OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time llIld the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work: from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. 18 I I Rejecting Defective Work: I 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. 1 1 Shop Drawings, Change Orders and Payments: I 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive. I 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. I Determinations for Unit Prices: 1 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACI'OR ENGINEER's preIiminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and binding upon OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. 1 I I. Decisions on Disputes: I 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the ~eptahility of the Work thereunder. Claims, dispJt.es and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGrnEER will render in writing within a reasonable time. Written notice of each such, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later I I I I I than thirty days) after the occurrence of the events giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Umitatlons on Engineer's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms .as ordered., .as directed., .as required., .as allowed., . as approved" , or terms of the like effect or import are used, or the adjectives "reasonable", . suitable. , .acceptable., .proper. or .satisfactory. or adjectives of like effect or import are used to descnbe a requirement, direction, review or judgement of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgement will be solely to evaluate the Work for compliance with the Contract DocnmAnt!: (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance or the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 19 1 I 9.15. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I I 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. I ARTICLE 10 - CHANGES IN THE WORK I 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). I I 1 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an incre4lSe or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or Article 12. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract TIIDe with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in paragraph 13.9. I I I 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 1 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph I I I 13.14, or as agreed to by the parties. 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract lIIDe which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (mcluding, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, iOOirect and consequential) to which the claimant 20 I I is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. I I I 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: I 11.3.1. Where the Work involved is covered by unit prices contained in the Contract DOCUIDeDts, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3., inclusive). I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance of overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I I 11.3.3. On the basis of the Cost of the Work (determined as provided in paragraph 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.6 and 11.7). I Cost of the Work: I 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as othetwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spect on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contnbutions, unemployment, 1 I I I excise and payroll taxes, workers' or worlanen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER., and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (mcluding but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 21 I I 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. I I 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. I I I 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others m accordance with the rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I I I I 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. I 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permit and licenses. I I 11.4.5.6. Losses and damages (and related expenses), oot compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any I I I I I of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductIble amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships),general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general AlImini~on of the Work and not specifically iocludedio the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 22 I I 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. I I 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract DllM11TI~ to purchase and mllintBin the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). I I 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. I I I 11. 5 . 6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. I CONTRACTOR's Fee: I 11.6. The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: I 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. I 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: I 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2 the CONTRACTOR's Fee shall be fifteen percent; I 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percem; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; I I I I 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deductioo in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when other additions and credits are involved in any one change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash AIlowanus: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expense contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment 00 account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR 00 account 23 I I ofWorlc covered by allowances, and the Contract Price shall be correspondingly adjusted. I Unit Price Work: I 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classification of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 9.10. I I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. I I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR bas incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I I I ARTICLE 12 - CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the I I I occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant bas reason to believe it is entitled as a result of the occurrence of said event.. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of eDgineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party . ARTICLE 13 - WARRANTY AND GUARANTEE: TEsrs AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPfANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. 24 I I Access to Work: I 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times of their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. I I Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. I I 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). I I I I I 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body. having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). I I 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGIN"EER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGIN"EER has not acted with reasonable promptness in response to such notice. I I I 13.7. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve I I CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstroction, (mcluding but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attnbutable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work~ or any portion thereof, until the cause for such order has been eliminAted; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. 25 I I Correction or Removal of Defective Work: I 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (mcluding but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. I I I One Year Correction Period: I 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be prescnbed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Worlc is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (mcluding but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item or equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. I I I I I I I Acceptance of Defective Work: I 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attnbutable to OWNER's evaluation of an determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not I I I I be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommPnliRtion of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent ~""ry to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, constroction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revision in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers. architects, 26 I I 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled I I 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I I 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. I 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, I 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or I 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. I I OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. I I I Substantial Completion: I 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER, CONTRACTOR and ENGINEER I I - . . shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Worle substantially compete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be biDding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Pa:rtlal Utillzotlon: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately 28 I I attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in petformance of the Work attnbutable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I I ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION I Schedule of Values: I 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed I I Application for Progress Payment: I 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as .Liens") and in evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. I I I I I I I CONTRACTOR's Warranty ofTlJle: 14.3. CONTRACTOR warrants and guarantees that I I title to all Work, materials, and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reason for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Work: in progress as an experienced and qualified design professional and on ENGINEER's review of the Application of Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of the ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classificatioDS of Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 27 I I functioning and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: I I 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the WORK is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and sllh::tAntiAl1y complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. I I I I I I I I I 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such ~est will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial. Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation ofpart of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written. notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Appllcation for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other documents-all as required by Contract Dt'lr.nrnM1t~, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation 29 I I called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receiJX in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. I I I 1 I Final Payment and Acceptance: I 14.13. If, on the basis of ENGINEER's observation of the work during constroction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation- all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACfOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommeodation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommf'Jrlrudion and notice of acceptability, the amount ~ by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. I 1 I I I I I I 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt ofCONTRACfOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed I I I and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less that the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contrcutorls Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER or CONTRACTOR under the contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of llCCeIXance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correct of defective Work by OWNER will constitute an accqXance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACfOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. 30 I I ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION I Owner May Suspend Work: 1 15.1. OWNER may, at any time without cause, suspend the Worle or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Worle will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or any extension of the Contract Time, or both, directly attnoutable to any suspension if CONTRACTOR makes an approved claim thereof as provided in Articles 11 and 12. I I I OWNER May Terminate: I 15.2. Upon the occurrence of anyone or more of the following events: 1 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: I I I 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Banlauptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; I I 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; I 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general Anm;n;l:tration of such property for the benefit of CONTRACTOR's creditors; I I I I 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (mcluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time) ; 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, constmction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion),incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work: as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequ.emial costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Worle performed. 31 I I 15.3. Where CONTRACTOR's services have been so terminAted by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. I I I 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, expense sustained plus reasonable termination expenses, which sequential costs (including, but not limited to, fees and charges or engineers, architects, attorneys and other professionals and court and arbitration costs). I I Contrrutor May Stop Work or Terminaie: I 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other f'lblic authority, within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may under seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminAting the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry On the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. I I I I I I I ARTICLE 16 - ARBITRATION I 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided in the Superior Court of Richmond County, Georgia. I I I ARTICLE 17 - MISCELLANEOUS Giving Notice: 17.1. Whenever any prOVISIOD of the Contract Dcx::umems requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. CompuJation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, 8Dd are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available 32 I I by Laws or Regulations, by special WllITlUlty or guarantee or by other provisions of the Contract Dcx:umems, and the provisions of this paragraph will be effective as if repeated specifically in the contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. I I I I I I I I I I I I I I I I I 33 I I I SGC-O 1. I SGC-02. I SGC-03. SGC-04. I SGC-05. I SGC-06. SGC-07. I SGC-08. I SGC-09. I SGC-lO. SGC-l1. I SGC-12. I SGC-13. SGC-14. I SGC-15. I SGC-16. I SGC-17 . SGC-18. I I I I SUPPLEMENTAL GENERAL CONDITIONS INDEX Owner's Liability and Property Insurance Contractor I s Liability Insurance Special Hazards Testing Laboratory Surveys Progress Payments Drawings Rights-of-Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use by Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations I I I I I I I I I I I I I I I I I I I SGC-Ol. OWNER'S LIABILITY & PROPERTY INSURANCE: Sections 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County Commission for this project. Current insurance coverages will remain in effect for the life of this Contract. SGC-02. CONTRACTOR'S LIABILITY INSURANCE: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,00. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. SGC-03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Georgia Highway System and the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SGC-04. TESTING LAB ORA TORY: All materials testing and laboratory work in connection therewith shall be paid for by , the Contractor and approved by the Engineer. SGC-l I I I I I I I I I I I I I I I I I I I SGC-05. SURVEYS: The Engineer will provide horizontal control points and benchmarks for vertical control. The Contractors will provide surveying for construction stake-out. SGC-06. PROGRESS PAYMENTS: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Monthly payments shall be made in the amount of ninety (90) percent work completed and approved by the Engineer. Payments will be made to the Contractor by the 15th of the month completed the previous month. This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Not withstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. SGC-07. DRAWINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for this contract: Sheet No. Iitk ~ 1 Cover Sheet May 5, 1998 2 General Notes & Details May 5, 1998 3 Development Plan May 5, 1998 4 Sanitary Profile May 5, 1998 SGC-2 I I I I I I I I I I I I I I I I I I I SGC-08. RIGHTS-OF-WAY: The OWNER will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all lands and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the contractor shall begin his work upon such land and rights-of-way as the OWNER may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the OWNER; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the OWNER. SGC-09. ESTIMATE OF OUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-IO. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the contractor before starting work. The contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-l1. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The contractor shall, immediately after the contract has been awarded, submit to the Augusta Utilities Department Director for his approval, a breakdown showing estimates of-all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-3 I I I I I I I I I I I I I I I I I I I SGC-12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) may take over the operation and/or use of the incompleted project or portions thereof. Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-13. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Augusta Utilities Department Director. SGC-14. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The contractor shall not block traffic on any street more than 30 minutes or such other time as the agency having jurisdiction may specify, without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate hazards, construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to the contractor. SGC-lS. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all times they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue this operations so as to minimize the time that direct entrance is blocked. SGC-4 I I I I I I I I I I I I I I I I I I I SGC-16. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-17. BYPASSING SEW AGE: The Contractor will be required to schedule and coordinate construction sequences and operations and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-18. SAFETY AND HEALTH REGULATION&: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 and under Section 107 of the Contract Work Hours and Safety Standards Act. SGC-5 TABLE OF CONTENTS Technical Specifications Ii11&. Clearing & Grubbing Excavation, Trenching & Backfilling Grading Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Water Distribution Concrete Concrete Curb & Gutter Bituminous Paving Finish Grading and Grassing No. of Pages 1-2 1-5 1-3 1-8 1-7 1-7 1 1 1-3 1 I I I I I I I I I I I I I I I I I I I TEC~CALSPECllITCATIONS SECTION I CLEARING AND GRUBBING TSI-Ol. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the clearing and grubbing in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of this contract. TSI-02. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation from the site as indicated on the drawings or as directed by the Engineer, together with the down timber, snags, brush and other rubbish occurring within the areas to be cleared. Trees and other vegetation, as may be indicated on the drawings or designated by the Engineer to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off flush with or slightly below the original ground surface. Individual trees and groups of trees designated to be left standing within the cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations or as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts thus made shall be painted with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, incident to construction operations by the erection of barriers or by such other means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. TSI-03. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings or as directed by the Engineer. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated and removed to a depth not less than 18 inches below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. TSI-04. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: All timber, logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations shall be removed from the site and placed in an approved offsite disposal area provided ~ the Contractor or otherwise disposed of as approved by the Engineer. When approved by the Engineer, burning shall be done at such location and in such manner that will avoid all public nuisance and all hazards such as damage to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible for compliance with all Federal, State and Local laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until the fires have burned out or have been extinguished. TSl-l I TSI-05. PAYMENT: I I No separate payment will be made for the work covered under this section. Clearing and grubbing will be considered as subsidiary obligations of the Contractor for the construction of the sewer improvements and the cost involved shall be included in the applicable contract lump sum or unit price bid for sewer pipe, water main, and appurtenances, complete in place. I I 1 I I I I I I I I I I I I I TSl-2 I 1 I I I I I I I I I I I I I I I I I TEC~CALSPECnnCATIONS Section IT EXCA V ATION. TRENCHING AND BACKFILLING TS2-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the excavation, trenching and backfilling for water mains, sewers and appurtenant structures, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TS2-02. EXCAVATION: a. General: Excavation shall be in accordance with OSHA Safety Requirements. b. Classification: Excavation shall comprise the satisfactory removal and disposition of all excavated materials regardless of classification. The Contractor shall perform all excavation of every description and whatever substances encountered to grade indicated. Water mains shall have a minimum cover of 36". c. Trench Excavation: The banks of trenches shall be kept as nearly vertical as practicable, and where required, shall be properly sheeted and braced. The width of trenches at and below the level of the pipe shall provide a minimum of six inches and a maximum of 12 inches clearance on each side of the bell ofthe pipe. The width of the trench above this level may be made wider as necessary for sheeting and bracing and the proper installation of the work. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after -tbe trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum over depth of four inches and maximum of 12 inches below the normal required trench depth. The over depth rock excavation and all excess trench excavation shall be backfilled with well- graded crushed stone or crushed gravel meeting the requirements of AS1M C-33, Gradation 67 (3/4" to #4). Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Augusta-Richmond Utilities Department and the trench backfilled to trench bottom grade with crushed stone or gravel as specified above. TS2-1 I I I I I I I I I I I I I I I I I I I d. Dewatering and Drainage: All excavations shall be protected from flooding by surface waters (rain runoff, etc.). Dewatering by pumping or well pointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it will neither cause injury to public health, damage to public or private property . To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. e. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. Excavations shall not be made until shoring has been completed. All existing structures, streets, pipes and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the City. The Contractor shall adequately protect the work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring and bracing or by sloping the banks in accordance with the angle of repose of the soil. f. Excess Material: Excess excavated material not suitable or required for backfill or filling shall be wasted as directed by the Augusta-Richmond Utilities Department. g. Stockpiles: Excavated material to be used for backfill shall be stockpiled as directed by the Augusta-Richmond Utilities Department. Excavated material shall be deposited a sufficient distance from the side of the excavation wall to prevent excessive surcharge. h. Blasting: Where blasting is necessary, it shall be done in accordance with local ordinances by skilled operators and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. TS2-03. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Augusta-Richmond Utilities Department. The trenches shall be carefully backfilled with earth, loam, sandy clay, sand and gravel, soft shale or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement or other hard materials having any dimension greater than two inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. For backfilling, to a level one foot over the top of pressure pipelines and two feet above the top of gravity pipelines, only selected materials shall be used. Selected materials shall be approved by the Augusta- Richmond Utilities Department and consist of finely divided material free from debris, organic material and stone and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding six inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and TS2-2 I I I I I I I I I I I I I I I I I I I tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6-inch layers and each layer moistened and compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by AS1M D698. Any trenches which are improperly backfilled or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade and compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the excess material wasted as directed by the Augusta-Richmond Utilities Department. Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the Augusta-Richmond Utilities Department, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. All compaction testing for backfilled areas will be scheduled by Augusta-Richmond County Utilities Department personnel. Contractor will not be responsible for providing testing services. TS2-04. PAVEMENT REPLACEMENT: The Contractor shall replace all pavement removed, undermined or damaged by his construction operations and as required by the plans. As the completion of the pipe installation and construction of manholes and appurtenant structures progresses, all backfill shall be completed in the manner prescribed in this section of these specifications. This backfill shall be finished off to a grade level with the surface of the adjacent pavement and shall be maintained smooth and free from potholes depressions and ruts until the pavement replacement, grassing, etc., hereinafter prescribed are performed. Pavement replacement shall be started as soon as possible after completion of backfill. The edge of existing pavement to remain shall be neatly cut vertically and on a uniform horizontal alignment with a rotary power saw (concrete saw). The backfill material shall be removed to depth required and subbase compacted as hereinbefore specified. The designated patch shall be installed in accordance with the following specifications. a. Concrete Pavement: The patch shall be 8" thickness of 3,000 psi concrete. Joints shall be provided in the new pavement matching in type and location all joints in existing adjacent pavement. The surface of the new pavement shall also be finished to match the surface of adjacent pavement. b. Driveways: Same as for concrete pavement except that the thickness shall be 6 inches. c. Sidewalks: Same as concrete pavement except that the thickness shall be 4 inches. TS2-3 I I I I I I I I I I I I I I I I I I I consist of a 6 inch thickness of 3,000 psi concrete placed to asphalt pavement elevation after milling and prior to overlay. After the concrete has attained sufficient strength, concrete surface shall be cleaned and prepared for the bituminous surface by application of a bituminous tack coat. A surface course consisting of a 2" compacted thickness of hot plant mix bituminous material conforming to Georgia Department of Transportation, Type liE", shall then be constructed on the prepared base, where required for patching. e. Concrete Curb and Gutter: Concrete curb or curb and gutter which has been removed shall be replaced to match the adjacent curb in type and dimensions. 3,000 psi concrete shall be used in construction of curb and gutter. f. Granite Curb: In removing and replacing granite curb, extreme care shall be exercised to eliminate breakage or other damage during removal, storage and replacement. The Contractor will be required to replace all sections broken or damaged by his construction operations with new sections of identical material and dimensions at his own expense. In the replacement of the curb, the Contractor shall take extreme care in the placement and compaction of backfill under and adjacent to the curb to insure adequate support throughout the full length of each section of curb. g. Brick Pavement: Replace brick on 6 inch concrete. New pavement shall match existing ,construction. TS2-05. EXISTING IMPROVENfENTS: The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, sewers, gutters and other drains encountered and repair to the satisfaction of the Engineer a~y surface or subsurface improvement damaged during the course of the work. The Contractor shall also make reasonable and satisfactory provisions for the maintenance of highway and street traffic. TS2-06. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restorations shall include seeding, sodding and transplanting of lawns, hedges, ornamental plantings and the repair or replacement of driveways, walks or other facilities. TS2-07. SALVAGE MATERIALS: All cast iron trap tops, grates and frames, manhole rings and covers, etc., that are removed and not reused shall be salvaged and hauled to the Streets and Drains Department, 1568 Broad Street. This is a no pay item. TS2-08. MEASUREMENT: 1. Excavation and Backfill: Unclassified excavation and backfill of excavated materials including satisfactory removal and disposal of excess material shall not be measured for payment and all costs shall be included in the applicable contract payment item as set forth in the Proposal. 2. Crushed Stone or Gravel: The quantity of crushed stone or gravel authorized by the Augusta-Richmond Utilities Department to refill or unsuitable material excavation shall be the actual tons of stone installed and accepted. Crushed stone or gravel required to backfill unauthorized over-excavation in either width or depth will not be measured for payment. TS2 -4 I I I I I 3. Select Material: Select material authorized by the Augusta-Richmond Utilities Department to replace unsuitable material for backfilling excavations and fill shall be measured on a cubic yard basis truck measure, complete installed and accepted. 4. Pavement Replacement: Pavement replacement - 8" thick concrete pavement, 6" thick concrete driveway pavement, 4" thick concrete sidewalk pavement, asphalt concrete pavement, brick pavement will be measured on a square yard basis complete and accepted, except where shown on plans or approved by the Augusta-Richmond Utilities Department. Limit of measurement for pavement replacement over trench excavation shall be the pipe outside diameter plus three (3) feet. Limit of measurement around manholes and structures shall be two (2) feet beyond the outside wall. a. Curb and Gutter: The quantity of curb and gutter measured shall be the actual . linear feet of curb and gutter replaced, complete and accepted. Except where shown on plans and approved by the Augusta-Richmond Utilities Department, the limit of measurement shall be the pipe outside diameter plus three (3) feet plus distance on either side of above width centered over pipe to closest construction or expansion joint on either side. I I I I I I I I I I I I I I b. Granite Curb: The quantity of granite curb removed and replaced shall be the actual linear feet of granite curb and gutter removed and replaced, complete and accepted. Limit of measurement shall be same as for curb and gutter. TS2-09. PAYMENT: No separate payment will be made for excavation and backfilling; refilling of over-excavation; dewatering and drainage; sheeting and shoring; stockpiling; blasting; pavement replacement and curb and gutter and granite curb replaced outside specified limits; protection and replacement of existing improvements damaged by Contractor's operations; restoration of property damaged by Contractor's operations; salvage material or other items of work except items as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items. Measured items shall be paid for at the contract unit or lump sum price for the items as set forth in the proposal, which payment shall be full compensation for the work, complete in place and accepted. Payment will be made under the following: Select Material * Crushed Stone or Gravel 8" thick Concrete Pavement 6" thick Concrete Driveway Pavement 4" thick Concrete Sidewalk Pavement Asphalt Concrete Pavement Brick Pavement Curb and Gutter Granite Curb per cubic yard per ton per square yard per square yard per square yard per square yard per square yard per linear foot per linear foot *Contractor will not be responsible for providing compaction testing of excavated and backfilled areas. TS2-5 I I I I I I I I I I I I I I I I I I I TEC~CALSPECnnCATIONS SECTION ill GRADING TS3-01. SCOPE: This section covers grading for all project streets, roads, sidewalks, and adjacent driveways, complete. TS3-02. REFERENCE: All referenced Sections and Articles refer to the Standard Specifications for the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS3-03. GENERAL: All work covered in this section will be in accordance with requirements ofD.O.T. Specifications, Section 205, except as specifically specified herein. TS3-04. EXCAVATION: a. The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every description regardless of material encountered within the grading limits of the project, shall be performed to lines and grades indicated, it shall consist of the removal of anything which is necessary but not covered by a specific bid item and which may be encountered in the grading operation. Use only suitable excavated material devoid of weeds, underbrush, roots, wood, trash of every description, and other foreign matter for fill areas. If existing soil conditions are exposed during excavating which contain decaying matter or other unsuitable materials, see Select Refill for specific instructions on excavation below plan grades. During construction, excavation shall be performed in a manner and sequence that will provide drainage at all times. Material required for fills in excess of that produced by excavation within grading limits shall be excavated from off-site areas selected by Contractor. b. Select Refill Material: During construction if it is determined by Engineer that the soil encountered is unstable or unsuitable, he may direct additional excavation beyond the plan grades to remove such unsuitable material. Backfilling material shall conform to Georgia State Highway Specification, Section 812 - Backfill Materials, Type I or Type II as required by the Engineer. c. Driveways: To make the necessary driving grade approach to the gutter line it may be necessary to grade beyond the RJW limit. A unit pay item is included in the proposal for each Driveway graded beyond the RJW limit. d. All existing driveways shall be graded from the elevation of the new curb to the Right- of-way. This will be a no pay item, and shall be included in the lump sum bid for grading. TS3-05. PROTECTION OF EXISTING SERVICE LINES AND UTILITIES STRUCTURES: All existing utility lines or structures as well as utility lines constructed during excavation operations shall be protected from damage during excavating and backfilling, and if damaged, shall be repaired TS3-1 1 I 1 I I I I I I I 1 1 I I 1 I I I I by the Contractor at his expense. The Atlanta Gas Light Co. shall be notified prior to commencing work on a street, so they may have a representative on the job to assist in locating and preserving their lines. TS3-06. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly to prevent wedging action or eccentric loading upon or against structures. Slopes bounding or within areas to be backfilled shall be stopped or serrated to prevent sliding of fill. TS3-07. COMPACTION: a. Under Roadways: Compact each layer of fill to at least 95% of maximum density to within one foot of the top of the embankment. The top 12 inches shall be compacted to at least 98% of maximum density. Compaction shall be based upon the Standard Proctor Method, AASHO T-99. b. Other Areas: Compact each layer of fill t at least 95% of maximum density based upon the Standard Proctor Methods, ASSHO T-99. TS3-08. RESTORATION OF PROPERTY: Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting oflawns, hedges, ornamental planting, and repair or replacement of driveways, walks, fences, steps, or other facilities which are not shown as a unit price item and shall be at least equal in quality to original undisturbed work. TS3-09. RECONSTRUCTION OR ADJUSTMENT TO GRADE OF MISCELLANEOUS ROADWAY STRUCTURES: Contractor shall reconstruct or adjust to finished top of pavement grade, all manholes, underground pipelines, watermeters, water valves, catch basins, or the like, within the roadway or as directed by the Augusta-Richmond Utilities Department. All work shall comply with the applicable requirements ofD.O.T. specifications, Section 611, and shall be included in the unit price of the proposal. TS3-10. MEASUREMENT AND PAYMENT: a. Select Refill Material: Payment for Select Refill Material Type I will be made at the Contract Unit Price per cubic yard as set forth in the proposal and shall represent full compensation for excavation and removal of unsatisfactory material, furnishing and installing the Select Refill Material. Payment for Type II refill material shall be made at the contract unit price per ton, complete in place. b. Unclassified Excavation: Unclassified excavation shall be paid for on a lump sum basis as indicated by the appropriate item of the bid proposal. This price and payment shall constitute full compensation for all labor, equipment, tools, and incidentals necessary to complete all items of work, rolling, compacting, bedding, and backfilling, the preparation and completing of subgrade, ditches and shoulders, finishing and protection of completed slopes and surfaces and the disposal of all waste materials as specified herein and not covered by a specific bid item. TS3-2 I I c. Restoration of Property: No payment will be made for the restoration of property. All such costs will be considered obligation of the contract which are subsidiary to and included in the applicable contract prices for which the work is required. I d. Reconstruction of Adjustment to Grade of Miscellaneous Roadway Structures: Adjustment to grade of miscellaneous roadway structures shall apply to structures, excluding underground pipelines, where the top elevation and/or throats are raised or lowered and shall be measured and paid for at the price per each indicated in the bid proposal. I I Reconstruction shall apply to structures, including underground pipe lines, other than adjustment as defined above. Reconstruction of roadway structures complete and accepted shall be paid for as reconstructing each type of structure at a price per linear foot indicated in the bid proposal, or as a unit bid price. I I I I I I I I I I I I I I TS3-3 I I I I I I I I I I I I I I I I . Ii I . !!!! TEC~CALSPECnnCATIONS Section IV SANITARY SEWER AND APPURTENANCES TS4-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of sanitary sewer pipe, structures and appurtenances, complete, in strict accordance with these specifications and the applicable drawings and subject to the terms and conditions of the contract. TS4-02. APPLICABLE SPECnnCATIONS: The latest edition of the following specifications form a part of this section of the specifications: a. American Society of Testing Materials Specifications: ASTM Des. C-12 ASTM Des. C-76 ASTM Des. C-700 ASTM Des. C-425 Installing Clay Sewer Pipe. Reinforced Concrete Culvert, Storm Drain and Sewer Pipe Extra Strength Clay Pipe. Vitrified Clay Pipe Joints using materials having resilient properties. Joints for Circular Concrete Sewer and rubber-type gaskets. Precast Reinforced Concrete Manhole Risers and Tops. ASTM Des. C-443 ASTM Des. C-478 b. Federal Specifications: SS-B-656 Brick: Building (Common) Clay c. Manufacturers Specifications: Johns-Manville Perma-Loc Pipe TS4-03. General: The contract drawings indicate the extent and general arrangement of the sanitary sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. The drawing and these specifications shall be considered as supplementary one to the other so that materials and labor indicated, called for, or implied by this one and not the other, shall be supplied and installed as though specifically called for on both. TS4-1 I I I I I I I I I I I I . - - TS4-04 MATERIALS: (a) General: All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications in this paragraph. The pipe installation is designated for the rigid pipe listed in the substitution schedule with a minimum factor-of-safety of 1.5 when installed in accordance with these specifications. Except where called for on the plans, the Contractor may use any type of rigid pipe in accordance with the following substitution schedule. The Contractor may also use flexible pipe meeting this specification. The Contractor shall modify the pipe bedding and installation procedures as outlined herein in accordance with the pipe manufacturer's recommendation to provide a maximum limiting deflection of 5% of the nominal pipe diameter under loads for this installation. Calculations shall be furnished the Augusta-Richmond Utilities Department upon request. SUBSTITUTE SCHEDULE FOR RIGID PIPE Pipe Size Clay Pipe Concrete Reinforced Concrete C-700 C14 Ex. Str. --------------- " II --------------- " " --------------- " II C-76 Class III " " II " " " 6" 8" 10" 12" 15" 18" or larger b. Pipe (Rigid Type): 1. Non-Reinforced Concrete Pipe: ASTM Specification C-14. 2. Reinforced Concrete Pipe: ASTM Specification C-76 sizes. 3. Clay Pipe: ASTM Specification C-700, Extra Strength for all sizes. c. Pipe (Flexible): 1. 2. Polyvinyl chloride (pVC) sewer pipe per ASTM Specification D-3034, SDR-35. Johns-Manville Penna-Loc PVC pipe. d. Joints and Jointing Materials: 1. Rubber Gasket Joints for Concrete Pipe: All concrete pipe shall be provided with a-ring rubber gasket joints confonning to the requirements of ASTM Designation C-443. Gaskets shall have a 45 plus or minus 5 when measured in accordance with ASTM Designation D-2240. The pipe joints shall be designed to withstand the gasket compression. 2. Vitrified Clay Pipe Joints Using Material Having Resilient Properties: Resilient joints shall confonn to the requirements of ASTM Designation C-425, Type III. 3. Reinforced Polyester Mortar Pipe: O-ring rubber gasket joints. TS4-2 I I I I I I I I I' I I I I I I I I I I 4. Polyvinyl Chloride: Rubber gasket. TS4-05. INSTALLATION: (a. 1) Pipe Laying: The bottom of the trench where sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the section EXCAVATION, TRENCHING AND BACKFILLING, to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the direction of the flow. Each pipe shall be laid true to line and grade in such manner as to form a close concentric joint with the adjacent pipe and to prevent offsets in the flow line. As the work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where cleaning after laying is difficult because of small pipe size, a suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joint is completed. If the maximum permissible width of the trench at the elevation of the top of the pipe is exceeded for any other reason than at the direction of the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe encasement or other bedding as is required by the Engineer to support the additional load on the pipe. Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench water, earth or other foreign substance can enter the line. (a.2) Flexible pipes shall be installed so as to support the dead loads (backfill) and live loads (units, equipment, etc.) with a limiting vertical deflection of no more than 5% of the normal pipe diameter. The Contractor shall install the pipe in accordance with the manufacturer's recommendations and in accordance with ASTM D-232l-74. The Contractor shall demonstrate that theJimiting vertical deflection requirement of this specification is met by testing every section of pipe with the diameter of 8" or larger with a Go-No-Go device approved by the Augusta-Richmond Utilities Department. Design loading criteria: ASCE No.3 7 (a) (b) (c) Dead Load: Live Load: Impact Factor: (Earth backfill) 120 #/Cu. Ft. 10,000 # wheel load 1.5 All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. TS4-06. CONCRETE CRADLES, SADDLES AND ENCASEMENT: The Contractor shall install concrete cradles, saddles or encasements where shown on the plans or as directed by the Engineer. These structures shall be constructed in strict accordance with the details shown on the plans and as herein specified. Concrete shall have a 28 day compressive strength of 3,000 psi when tested in accordance with ASTM Specification C-39. TS4-07. MANHOLES: a. General: All manholes indicated on the plans shall be furnished and installed by the Contractor in accordance with the plans and provisions of this section of these specifications. Manholes shall TS4-3 I I I I I I I I I I I I I I I I I I I be constructed with cast iron frames and covers in accordance with the details as shown on the plans. The base of the manhole shall be constructed of3,OOO psi concrete as specified elsewhere in these specifications. The invert channels shall be smooth and accurately shaped to the semicircular bottom conforming to the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the sewer and entering branches shall have as long a radius of the true curvature as the size of the manhole will permit. Manhole steps shall be spaced as shown on the plans. b. Types: 1. Brick Manholes: Brick for manholes shall conform to Federal Specifications SS-B-656, Type H. All brick shall be thotoughly cleaned and saturated with water immediately before being laid up. The brick shall be laid radially in header courses with the joint broken by staggering each successive course. Details of the manhole shall conform to the plans. Brick shall be laid up with the cement mortar made of one part Portland Cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking the joints. Concrete, brick work and mortar shall be protected against low temperatures. 2. Precast Concrete Manhole: Precast manholes consisting of precast riser and tops, conforming to the requirements of ASTM Designation C478-6IT, may be used in lieu of brick manholes. The precast top section shall be of the eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess formed in the base slab and the outside of the joint shall then be sealed with a level fillet of mortar. The joints in the riser pipe shall be set in and sealed with cement mortar as specified above. 3. Poured-in-Place Concrete: The manhole construction shall be similar in detail to manholes shown on the plans. Concrete shall have a 28 day compressive strength of 3,000 psi when tested in accordance with ASTM Specifications C-39. The base shall be poured monolithically with the rest of the manhole. The base shall have a minimum diameter 8" greater than the outside diameter of the manhole and a minimum thickness including the area under the pipe as follows: 0' to 8' depth 8' to 12' depth 12' and above 8" 10" 12" Reinforcing in the bottom shall be #4 bars at 11 inches on center each way. The manhole barrel wall shall be a minimum of 6" thick. Reinforcing is not required. The first pour shall consist of approximately 1/2 cubic yard deposited evenly around the walls. The concrete must be carefully rodded or vibrated on each side of each pipe. Additional concrete should be deposited in evenly distributed layers not to exceed 18" with each layer vibrated or rodded to bond it to the proceeding layer. Form marks and offsets up to 1/2" will be permitted inside the manhole. All offset on edges inside the manhole will be smoothed and plastered with a mortar consisting of three parts of masonry sand to one part of Portland Cement immediately upon removal of the forms. If cracks occur or excessive honeycombs appear after form removal, at the opinion of the Augusta-Richmond Utilities Department, the entire manhole will be removed at the Contractor's expense and repoured. No cold joint pours witl be permitted. The top of the barrel shall have the form of an eccentric cone so that manhole steps are on a vertical face. TS4-4 I I I I I I I I I I I I I I I I I I I 4. Manhole Steps: Manhole steps shall be installed in all sections of each manhole as indicated on the drawings. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damage to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. Steps shall be of cast iron, Sumpter Machinery Company #1 or approved equal. 5. Manhole Frames and Covers: General: Manhole frames and covers in improved areas or streets shall set flush with the finished grade. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set one foot above the existing ground, unless otherwise directed. The word SEWER shall be cast on the manhole cover. Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to AS1M A-48, Class 30, gray iron. Casting shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale, lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. All bearing surfaces shall be machined to provide mating and to eliminate rocking. Standard frames and covers shall be Sumpter Machinery Company No. MF-68L frames and MC-68L covers. Installation: The top of the manholes shall be topped out with brick as indicated on the drawings. The number of courses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broker by staggering each successive course. The manhole ring and cover shall be set in a bed of mortar on the top course of brick. The outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent damage by freezing. Outside Drop Connections: Where specified, drop connections to manholes shall be constructed in accordance with Paragraph 06 and pipe and fittings in accordance with Paragraph 04. TS4-08. STUB-OUT FOR FUTURE SEWERS: Where and to the extent indicated on the plans, pipe stub-outs for the connection of future sewers shall be provided during the construction of new manholes of the sewer. Joints shall conform to the requirements of Paragraph 04 of these specifications. Each stub-out shall be plugged with a clay or concrete pipe plug sealed in the bell end of the stub-out. TS4-09. TIE-IN OF EXISTING SEWERS: Existing sewers shall be tied-in to the new sewers at locations indicated on the plans. New manholes will be constructed at the intersection of the two sewers with the existing sewer passing through the manhole. After the completion of the manhole, the portion of the existing sewer inside the manhole will be removed in a neat manner to allow the flow of sewerage to enter the manhole. When the flow of the existing sewer is to be diverted into the new sewer, the open end of the existing sewer in the opposite wall will then be closed and sealed with a precast plug or masonry bulkhead coated with cement mortar plaster. TS4-10. SIDE SEWERS: 1. General: A side sewer shall consist of a sewer extending from a connection to the street or main sewer to its connection to the house sewer or other point as designated by the Augusta-Richmond TS4-S I I I I I I I I I I I I I I I I I I I Utilities Department. The side sewer connection to the street sewer shall be as follows: New 8",10", or 12" Y fitting in street sewer with 45 degree elbow New 15" and larger or existing street sewer Machine made tap and suitable saddle or otherwise as approved by the Augusta-Richmond Utilities Department. The Contractor shall install a side sewer where shown on the plans or directed by the Augusta-Richmond Utilities Department and in accordance with the details shown on the plans. 2. Pipe Laying: Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall start and proceed up grade from the point of connection at the street sewer or other starting point. Pipe shall be laid in a straight line at a uniform grade between fittings on a uniform horizontal or vertical curvature achieved by deflecting pipe joints within the limits recommended by the manufacturer of the pipe used. 3. Fittings: All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and materials as the pipe used. The maximum deflection permissible at anyone fitting shall not exceed 45 degrees (one-eighth) 1/8 bend. The maximum deflection of any combination of two adjacent fittings shall not exceed 45 degrees (one-eighth (1/8) bend) unless straight pipe of not less than two and one-half (2 1/2) feet in length be installed between such adjacent fittings or unless one of such fittings is a wye branch with a cleanout provided on the straight leg. TS4-11. "DRY BORE AND JACK" METHOD: MATERIALS: 1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A- 211, Grade B, with minimum wall thickness as shown on the plans. Steel pipe will have a minimum yield strength of 35,000 PSI. Casing pipe shall be joined together with welded joints. 2. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein. 3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If voids shall develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately one (1) inch, remedial measures will be taken as approved by the Augusta-Richmond Utilities Department. When installing water line through casing, the Contractor shall use mechanical joint pipe with retainer glands/megalugs throughout length of casing. The water main shall be strapped to 8-foot long wooden skids with metal straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar. TS4-12. FIELD TESTS: 1. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way shall be rejected. Particular notice shall be made of the joints to be sure that a water-tight joint will be assured. 2. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and checked for conformance with specified requirements. The pipe shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade TS4-6 I I I I I I I I I I I I I I I I I I I have been maintained. 3. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and materials. The work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition at the expense of the Contractor. 4. Infiltration: A maximum allowable rate of infiltration into sewer lines shall be limited to 100 gallons per inch of diameter per mile of sewer per 24 hours. This clause does not relieve the Contractor of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such steps as are necessary to bring the infiltration within the above allowance. The test for infiltration shall be made as follows: The test shall be made following a period of heavy rain and when the ground is saturated. The Engineer reserves the right to use his judgment as to whether or not the ground is sufficiently saturated to allow a satisfactory test. In the event that rainfall is insufficient to allow a satisfactory test before the date of completion of the work, the Contractor will be required to conduct the tests at any time up to 30 days following the completion date. The test shall be made up to three measurements of flow taken at hourly intervals. The amount of infiltration shall be computed from the average flow measured. The Contractor shall provide and install all necessary measuring weirs or other devices required to make the flow measurements. The test shall be made in the presence of and to the satisfaction of the Engineer. TS4-13. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding and transplanting oflawns, hedges, or ornamental plantings and the repair or replacement of driveways, walks, fences or other facilities, in such a manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent of the property owner until condemnation procedure, if necessary, has been completed. l'S4-14. CLEAN UP AND lREP AIRING: The sewers shall be kept clean during the progress of the work and upon completion shall be thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into the sewers or any deviation from proper grade or alignment such as to make the work in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own expense. TS4-15. FINAL INSPECTION: When the Contractor considers that all work has been completed, he shall then notify the Engineer who will carefully inspect all work and make such tests as to satisfy himself that every provision of the Contract has been faithfully carned out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. TS4-16. MEASUREMENT: 1. Street or Main Sewer Pipe: Sewer pipe shall be measured in place from center to center of manholes or structures without deductions for length of line through the structures. Depth of cut shall be measured from the ground surface to the pipe invert. 2. Side Sewers: Measurement shall be along the pipe from the outside surface of the main sewer or manhole connection to the extreme end of the last pipe or fitting placed, through tees, wyes and other TS4-7 I I I I I I I I I I I I I I I I I I I fittings; and from the center of the side sewer along the center line of any branch to the extreme end of the last pipe or fitting placed, through tees, wyes, or other fittings. Plugged wyes or tees shall not be considered branches. Measurement shall be to the nearest one-tenth (0.1) foot. Fittings shall not be measured for payment. 3. Standard Manhole: The number of standard manholes to be paid for shall be the actual number of standard manholes, installed, complete, including frame and cover and accepted. Standard manholes shall have a depth dimension of between 0' and 6' measured from the invert of the lowest outlet pipe to the top of concrete or masonry the frame and cover sits on. 4. Manhole - Additional Depth: The depth of each manhole shall be measured as specified above and subtracting 6.0 feet from this depth shall be the additional depth of each manhole. Measurement shall be to the nearest one-tenth (0.1) foot. 5. Concrete Cradles and Encasements: The quantity of 3,000 psi at 28 day concrete authorized by the Augusta-Richmond Utilities Department for encasement, cradles and collars required for protection of the pipe shall be the actual cubic yards of concrete installed and accepted. 6. Connections to Existing Sewers or Manholes: The quantity to be paid for under this item shall be the actual number of each size pipe connected to either an existing sewer or manhole, complete and accepted. 7. Bore & Jack: Installation of pipe by bore and jack method shall be measured in place from end of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking and casing pipe ends sealed, complete per plans and this specification. TS4-17. PAYMENT: 1. Street or Main Sewer Pipe: Payment for each size of sewer pipe measured as specified above will be paid for at the contract unit price per linear foot for various depths of cut, as set forth in the Proposal. 2. Side Sewers: Payment for each size of side sewer pipe measured as specified above will be paid for at the contract unit price per linear foot as set forth below. No separate payment shall be made for fittings or connections and all such costs shall be included in the specified unit price item. 3. Other Items: Other measured items shall be paid for at the contract unit or lump sum price for the various items as set forth below, which payment shall be full compensation for furnishing and installing the items, complete, in place in accordance with the Plans and Specifications. Payment will be made under the following: ~inch (size), Sanitary Sewer,_to_ft cut-----per linear foot ~inch (size), Side Sewer-----------------------------per linear foot Standard Manhole (0' - 6' Depth)-------------------------per each Manhole - Additional Depth-------------------------------per vertical foot Drop Manhole --------------------------------------------per each Concrete for Cradles and Encasement----------------------per cubic yard ~inch (size), Sanitary Sewer Connection to Existing Manhole or Sewer----------------------------------------per each Boring and Jacking for sanitary sewer line--------------per linear foot * as shown in the Proposal. TS4-8 I I I I I I I I I I I I I I I I I I I TS5-01. SCOPE: TEC~CALSPECnnCATIONS SECTION V STORM SEWER AND APPURTENANCES The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of storm sewer pipe, structures and appurtenances, complete, in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TS5-02. EXCAVATION. TRENCHING AND BACKFILLING: All excavation, trenching and backfilling shall be as specified under the Section entitled "Excavation, Trenching and Backfilling". All concrete work shall conform to the requirements of Section II Concrete" . TS5-04. APPLICABLE SPECIF1CATIONS: The latest edition of the following specifications form a part of this section of the specifications: A. American Society of Testing Materials Specifications: Installing Clay Sewer Pipe Concrete Sewer Pipe Reinforced Concrete Pipe Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe Vitrified Clay Pipe Joints Using Materials Having Resilient Properties Joints for Circular Concrete Sewer and Concrete Pipe Using Flexible, Watertight, Rubber-type Gaskets Precast Reinforced Concrete Manhole Risers and Tops Reinforced Concrete Elliptical Culvert, Storm Drain and Sewer Pipe Reinforced Concrete D-Load Culvert, Storm Drain and Sewer Pipe Reinforced Concrete Low-head Pressure Pipe B. Federal Specifications: Brick, Building (Common) Clay TS5-05. GENERAL: The contract drawings indicate the extent and general arrangement of the storm sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. TS5-03. CONCRETE WORK: C 12-82 C 14-82 C 76-85A C 700-78A C 425-77 C 443-85A C 478-85A C 507 -84A C 655-85A C 36l-85A SS-B0656 TS5-1 I I I I I I I I I I I I I I I I I I I The drawing and these specifications shall be considered as supplementary, one to be the other, so that materials and labor indicated, called for by the one and not the other, shall be supplied and installed as though specially called for on both. TS5-06. MATERIALS: All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications. All pipe shall be furnished with "a" ring rubber gasket joints. Pipe 24" and smaller shall be in accordance with the following substitution schedule except where a specific type pipe is designated on the plans: Substitution Schedule Pipe Clay Concrete Reinforced Size Pipe Pipe Concrete 6" C-700-78A C-14-82 Ex. Str. ------------------ 8" " II " II " " " ------------------ 10" " " " II " " " ------------------ 12" II " " " II II " C-76-85A Class III 15" -------------- II " " 18" -------------- " " " 24" -------------. " II II Reinforced Concrete: Pipe 15" and larger shall be reinforced concrete conforming to ASTM C-76-85A, strength class as shown on the plans, Class III where not designated or ASTM C-655-85A. Pipe designed for ASTM C-655-85A shall be designed for the specific installation, bedding and cover conditions for which it is intended. The Contractor shall submit with his proposal a preliminary design for this pipe. The design shall be based upon criteria of the American Concrete Pipe Association and shall have been reviewed by the Engineers of that Association. TS5-07. INST ALLA nON: A. Pipe Laying: The bottom of the trench where the sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the Section, "Excavating, Trenching and Backfilling", to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the direction of the flow. Each pipe shall be laid true to the line and grade in such a manner as to form a close concentric joint with the adjacent pipe and to prevent offsets in the flow line. As the work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where cleaning after laying is difficult because of small pipe size, a suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joint is completed. If the maximum permissible width of the trench at the elevation of the top of the pipe is exceeded for any other reason than at the direction of the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe encasement or other bedding as is required by the Engineer to support the additional load on the pipe. Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench water, earth or other foreign substance can enter the line. TSS-2 I I I I I I I I I I I I I I I I I I I All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. B. Jointing: Vitrified Clay and Concrete Bell and Spigot Pipe: The jointing procedure for vitrified clay pipe having rubber gasket joints as specified hereinbefore, shall be recommended by the manufacturer of the joint material and approved by the Engineer. The Contractor shall furnish and install the joint complete, using such adhesive or lubricating substances as are recommended. Care shall be taken to prevent exposure of the gaskets to sunlight before installation. TS5-08. CONCRETE COLLARS. CRADLES. SADDLES AND ENCASEMENT: General: Collars, cradles, saddles or encasement shall be constructed of concrete with a minimum 28-day strength of 3,000 psi. TS5-09. MANHOLES: A. General: Manholes shall be constructed with case iron frames and covers. The base of the manhole shall be constructed of concrete having a minimum 28-day compressive strength of 3,000 psi. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the size of the manhole will permit. Manhole steps shall be cast iron, NEENAH R-1980-M spaced at l' - 0" o.c., or shall be the comparable product of equal width manufactured by Sumter Machinery Company. B. Brick Manholes: Brick for manholes shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. The brick shall be laid radially in header courses with the joint broken by staggering each successive course. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. C. Precast Concrete Manholes: Precast manholes consisting of precast risers and tops conforming to the requirements of ASTM C478-85A may be used in lieu of brick manholes. The precast top section shall be the eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess formed in the cast-in-place base slab and the outside of the joint shall then be sealed with a beveled fillet of mortar. The joints in the riser pipe shall then be sealed with Portland cement mortar. D. Brick Manhole Tops: The top of the manholes shall be topped out with brick. The number of courses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broken by staggering each successive course. After the manhole ring and cover has set in a bed of mortar on the top course of brick, the outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent any damage by freezing. E. Manhole steps shall be installed in all sections of each manhole. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damage to the precast section cased by the insertion of the steps shall be repaired and sealed with expanding mortar to TS5-3 I I I I I I I I I I I I I I I I I I I prevent leakage. F. Manhole Frames and Covers: Manhole frames and covers in improved areas or streets shall be set flush with the finished grade. In unimproved areas or where no fmished grade is established, the top of the frame and cover shall be set two feet above the existing round unless otherwise directed. The words STORM SEWER shall be cast on the manhole cover. G. Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to ASTM A48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blowholes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. Standard frames and covers shall be Sumter Machinery Company Frame MF-800 and Cover No. MC-800 or the comparable product ofNeenah Foundry Company. TSS-IO. TRAPs: A. General: The general location and type of trap are indicated; however, the final location and type of trap shall be in accordance with the direction of the Owner or Engineer during construction of the project. Traps may be located other than as indicated, added or deleted as necessary. B. Brick Boxes: Brick shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The inside of the box may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. C. Concrete: All concrete shall conform to the requirements of the Section "Concrete" of these specifications. D. Iron Castings: Cast iron for frames, covers, grates and hoods shall conform to ASTM A 48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. E. Frames and Covers: Standard frames and covers for traps shall be Sumpter Machinery Company Frame MF-3 and Cover MC-5 with lugs or the comparable product of Neenah Foundry Company. F. Grate Frame, Grate and Hood: Standard frame, grate and hood for hood-back traps shall be Sumpter Machinery Company Frame C.F.F.-51, Grate C.B.G.-51 and Hood C.B.H.-51 or the comparable product of Sumpter Machinery Company. TS5-11. CONNECTING EXISTING STORM SEWERS: A. Manhole or Trap Connections: Where existing storm sewer laterals pass through a new manhole or trap, the new structure shall be constructed around the existing sewer and the space around the sewer on each side of the manhole or trap shall be sealed with mortar or sealing compound to prevent infiltration between the existing pipe and new wall. When the new storm sewer lines are completed and tested, the existing pipe inside the structure shall be carefully broken out and removed. The down stream end of the existing storm sewer shall be plugged at the wall of the structure with brick and mortar. B. Line Connections: At those locations where portions of the existing storm sewer laterals are to be removed and/or replaced with new laterals connecting to the new storm sewer collector pipe, manhole or trap, all TS5-4 I I I I I I I I I I I I I I I I I I I connections shall be made in such manner as to prevent infiltration at those points of connection. The Contractor shall submit his connection collar detail for approval by the Owner and/or Engineer. The pipe to be removed shall be removed in such manner as to prevent any damage to the pipe or joints left in place for inclusion into the new storm sewer piping system. The "downstream" storm sewer lateral left in place shall be plugged with concrete in such manner as to seal the end of the pipe but prevent any concrete from intruding into or otherwise entering into the existing combined sewer pipe. TS5-12. FIELD TESTS: A. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way that could not be repaired after installation, shall be rejected. Particular notice shall be made of the joints to be sure that a watertight joint can be assured. B. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. All gravity pipe lines are intended to be straight between manholes and a full circle of light shall be visible from one end to the other. Broken or cracked pipe shall be replaced with sound pipe and any deposit or protruding joint material shall be removed and the joint remade. C. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and materials; the work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition by cleaning, pointing or if necessary by rebuilding at the expense of the Contractor. TS5-13. INFILTRATION OR EXF'll.TRATION TEST: All gravity pipe lines shall be subjected to an infiltration or exfiltration test. The Contractor shall provide at no additional expense to the Owner, all labor, supervision and measuring devices necessary to conduct the test as described herein. A maximum allowable rate of infiltration into sewer lines shall be limited to 200 gallons per 24 hours per inch of diameter per mile of sewer. This clause does not relieve the Contractor of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such steps as are necessary to bring the infiltration within the above allowance. The test for infiltration shall be made as follows: This test shall be made following a period of heavy rain and when the ground is saturated. The Engineer reserves the right to use his judgement as to whether or not the ground is sufficiently saturated to allow a satisfactory test. The Contractor shall provide and install all necessary weirs or other devices required to make the flow measurements. The test shall be made in the presence of an to the satisfaction of the Engineer. The Engineer may, at his option, order an exfiltration test in lieu of the infiltration test. The test shall be made as follows: The run of sewer to be tested shall be plugged and the line filled with water to a point approximately one foot below the top of the lowest manhole a ring. After sufficient time has elapsed for air to bleed off and absorption to be complete, the water level in the manhole shall be measured at 30 minute intervals for 2 hours. The measured drop in water level shall then be translated into the amount of exfiltration. The rate of ex filtration shall be within the limits prescribed for the infiltration test. For pipe larger than 42" diameter, the Contractor may elect to individually test the joints before backfilling by subjecting one side of the joints to 5 psi water pressure; under these conditions there shall be no visible leakage of the joint. TS5-14. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of his agents or employees. Such restoration shall include seeding, sodding and transplanting of lawns, hedges or ornamental plantings and the repair or replacement of driveways, sidewalks, fences or other facilities, in such manner as to meet the approval TS5-5 I I I I I I I I I I I I I I I I I I I restoration of property, clean-up, repairing or inspection or other items of work required to complete the work except as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items as set forth in the Proposal. B. Storm Sewer Pipe: Payment for each size and class of storm sewer pipe measured as specified above shall be paid for at the contract unit price per linear foot for the various depths of cut as set forth in the Proposal. C. Drainage Structures: Payment for headwalls, inlets, manholes, junction boxes and the like will be made on the basis of the applicable unit prices as set forth in the Proposal. This payment shall be considered full compensation for all materials, excavation and backfill necessary to complete the structure. D. Tie to Existing Structure: The connection of new pipe to an existing drainage structure will be paid for on a unit price basis as set forth in the Proposal. TS5-7 I I I I I I I I I I I I I I I I I I I TEC~CALSPECnnCATIONS Section VI WATER DISTRIBUT][ON TS6-0 1. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and appliances and in performing all operations in connection with installation, testing and sterilization of underground pipe, valves, fittings and appurtenances for the water distribution system, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the contract. Any deviations from the plans, (spec., materials and drawings) approved by the Planning and Zoning Commission must be reviewed and approved in writing by the Augusta-Richmond Utilities Department prior to beginning construction. Any installation made without written approval shall be removed at the Contractor's expense. TS6-02. NOTIFICATION: Before commencing any water main construction, the Contractor shall notify the Augusta-Richmond Utilities Department, 2760 Peach Orchard Road, 796-5000. No valves shall be operated by the Contractor or his representative without an authorized employee of the Waterworks Operations Department being present. TS6-03. SPECIFICATIONS (MATERIALS): a. General: Pipe for water mains shall be cast iron (CI), ductile iron (DI), or polyvinyl chloride (pVC) per the following specifications. Fittings for all pipe shall be cast iron or ductile iron, mechanical joint, cement lined. Retainer glands/megalugs, where specified, shall be ductile iron. All materials will be American made. Any pipe, solder or flux used in the installation or repair of water lines must be lead-free. Pipes and fittings must not contain more than 8.0% lead and solders and flux must not contain more than 0.2% lead. marked as per A WW A Standards (with manufacturer's mark and pressure class as a minimum). 1" water meter service lines shall be copper, 'Type K. with brass fittings, as listed below: Mueller: Hays: Ford: McDonald: Curb stops, ball type (360 deg. turn) B-20200-3 4300WR B 11-444R 6111 Corporation Cocks H-997l 5230 F-200 3120 Service Ells H-15530 5628 L28-44 4779M Service Connections H-15485 5312 LAI02-44 4749 Copper to Copper H-15400 5615 C22-44 4758 Copper to Iron H-15425 5605 C28-44 4753 Note: Flare fittings only. No compression fittings will be accepted. b. Iron Pipe: Cast iron or ductile iron pipe and fittings shall be in accordance with the following specifications with 1/16 in. cement mortar lining and rubber gasket joints, except where noted on plans. Cast iron pipe shall have a bursting tensile strength of 21 ,000 psi and a ring modulus of rupture of 45,000 psi. Except as otherwise. indicated on plans, minimum wall thickness shall be as follows: TS6-1 I I I I I I I I I I I I I I I I I I I Pipe Size: Thickness Class: Ductile Iron 350 PSI (Class 51) 350 PSI (Class 50) 300 PSI (Class 50) 250 PSI (Class 50) 4" 6" - 18" 20" 24" Cast Iron 22 21 21 23 Specifications Description AWWA C-106-75 ANSI A-21.6-1975 AWWA C-108-75 ANSI AZ1.8-1975 A WW A C-110-93 ANSI AZI.1 0-93 AWWA C-111-90 ANSI AZ1.11-90 AWWA C1l5-88 ANSI AZ1.l5-88 AWWA C151-91 ANSI AZ1.51-91 A WW A C-602-89 ANSI AZ1A-90 Cast iron pipe centrifugally cast in metal molds for water or other liquids. Cast iron pipe centrifugally cast in sand-lined molds for water or other liquids. Gray-iron and ductile-iron fittings, 2 inc. through 48 in. for water and other liquids. Rubber-gasket joints for cast-iron and ductile- iron pressure pipe and fittings. Flanged cast-iron and ductile-iron pipe with threaded flanges. Ductile-iron pipe, centrifugally cast in metal molds for water or sand-lined molds for water or other liquids. Cement-mortar lining for cast-iron and ductile- iron pipe and fittings for water. The pressure rating, metal thickness class, net weight or pipe without lining, length of pipe and name of manufacturer shall be clearly marked on each length of pipe. c. Galvanized Pipe: All galvanized pipe (1-1/2" - 3") shall be American made, Schedule 40 and shall conform with the ASTM Specifications. d. Polyvinyl Chloride (pVC) Pipe: Polyvinyl chloride pipe shall be in accordance with A WW A Specifications C900-75, Polyvinyl Chloride (pVC) Pressure Pipe, 4 in. through 12 in. for water, Class 200, DR-14 with cast iron pipe equivalent OD's, gasket bell end with elastomeric gasket. 1. Polyvinyl Chloride (pVC) Pipe: 1-1/2" through 3" shall be ring-tight joints, Class 200. Fittings shall be same as specified for iron pipe. e. Valves: Valves 3" through 12" shall be iron body, bronze mounted, A WW A mechanical joint, convention or "0" ring packing, approved non-rising stem gate valves. Valves shall be M&H Style 67-01, Muller A- 2380-20 or approved equal. All gate valves and tapping valves shall be OPEN RIGHT. Tapping valves shall be Mueller Style H-667, or approved equal. Valves smaller than 3" must be ball type, Ford No. B11-777R or approved equal (no hand wheel valves allows). All tapping valves must have full opening to use a Mueller CC-24 shell cutter. 1. Gate valves in sizes 16" and larger shall be of horizontal type with mechanical joint, rollers, tracks and with non-rising stem. All 16" and larger valves shall have a by-pass valve with non-rising stem. All horizontal valves shall have totally enclosed watertight gear case. Horizontal valves should be of the Mueller A-2480- 20-06 type or approved equal. f. Valve Boxes: Each valve box shall be M&H E2702 (564A), Mueller H10364 (564A), Russell #564-S or 564A, or approved equal. Each valve box shall be screw-type to adjust for a minimum cover of 36" bury. Extension pieces will be required for additional depth over valve. Extensions shall be M&H E-3120 or Mueller H- TS6-2 I I I I I I I I I I I I I I I I I I I 10375 or approved equal. Covers shall have "WATER" cast on top. g. Meter Boxes: Meter boxes shall be "Rome Type" cast iron 10" x 19" x 10". Lids shall have cast ribs on bottom side (lmown as a "Piedmont lid") to prevent sliding movement. Top shall have minimum weight of 13 pounds. Box shall have minimum weight of 37 pounds. Lids to be marked "W A TER". h. Fire Hydrants: Fire hydrants shall be in accordance with A WW A Standard C502-73, Dry Barrel Fire Hydrants, as modified by the following minimum requirements: 1. Model- Mueller Centurion, M&H Style 129, American Darling No. B-62-B, or approved equal. A WW A compression type - dry top - traffic model, 150 psi working pressure, 300 psi testing pressure. 2. Size of Hydrant Valve Opening - 5 1/4" 3. Number and Size Hose Nozzle - 2 - 22. 4. Hose Nozzle Threading - National Standard 5. Number and Size Steamer - 1 - 5". 6. Steamer Nozzle Threading - 5 3/8" a.D., 6 threads per inch (City of Augusta Standard). 7. Size of Shoe Connection - 6". 8. Type of Shoe Connection - Mechanical Joint. 9. Size and Shape of Operating Nut - Pentagon, 1 1/2" flat to point. 10. Direction of Opening - Open left (Counterclockwise) N.R.S. 11. Bury - Minimum 42". 12. Color - Yellow with aluminum bonnet and caps. i. Tapping Sleeves: The tapping sleeve shall be mechanical type joint suitable for 150 psi working pressure, M&H, Mueller, Clow, or approved equal. TS6-04. EXCAVATION, TRENCHING AND BACKFll.,LING: Excavation, trenching and backfilling shall be in accordance with Section, "Excavation, Trenching and Backfilling for Pipe Lines". TS6-05. INSTALLATION: a. General: Installation of all pipe, valves, fittings and appurtenances shall be in accordance with the applicable provisions of the specified sections of the following specifications. Minimum cover over top of pipe shall be 36" or as indicated on plans. A horizontal separation of at least 10 feet must be maintained between the water main and the existing or proposed sewer. When water mains cross sewers, a minimum vertical separation of 18 inches must be provided between the two (2) pipes (measured edge to edge). At Crossings, one full length of water pipe must be located so that both joints are as far from the sewer as possible. Iron Pipe: A WW A Specifications C600-93. "Installation of ductile iron water mains." PVC Pipe: Same as above for iron pipe. 14 Gauge copper wire will be buried above the pipe and wrapped around valves and fittings to insure continuity. b. Water Meter Service: 1 Taps: Taps shall be made on the upper half of the water main at angle of 45 degrees from vertical. The trench for the service line shall be excavated to a depth which will insure a minimum cover of 30" TS6-3 I I I I I I I I I I I I I I I I I I I below finished grade. The new copper line shall be laid in a straight line insofar as possible from the corporation cock to the curb cock. The curb cock shall be located 12 inches behind the back and 8 inches below the top of the new curb or raised edge asphalt. A plan of typical water meter services is incorporated in these specifications. Service taps on mains in subdivisions shall be made so that service lines will be located in the center of proposed lots. 2. of the following: New Water Meter Service on New and Existing Mains: A new water meter service shall consist a. b. I" tap in water main using double-strapped tapped saddle. I" corporation cock installed saddle. 1" main connector, optional. 1 "copper tubing from main connector. I" service ell. 1" curb cock. Meter box and top. c. d. e. f. g. Refer to Section TS-03 of these specifications for materials. 3. Meter Service Renewal on Existing Main: Meter service renewal shall consist of relocating the existing meter and box to location shown on the plans or as directed by the Augusta-Richmond Utilities Department; installing a new 1" copper line with required fittings and adapters from the existing corporation cock in water main to the water meter; reconnecting the water meter to existing house service with pipe and fitting of same size and type as existing house service, complete. 4. Water Meter Service Adjusted: Where a conflict exists between the existing meter services and the new curb and gutter, etc., the Contractor shall adjust grade and make extension as required using existing pipe and fitting or by furnishing new pipe and fittings of the same and material as existing as required. 5. Extending Services: Existing copper services, at the discretion of the Inspector, can be extended by using 4 copper to copper couplings. All new material (service ell, curb cock and copper) shall be used and shall be of equal size to the existing service to be extended. 6. Existing water Mains to be Extended or Tapped: No taps or extension of existing mains shall be made unless and Inspector is present. Notice of 24 hours shall be given to the Augusta-Richmond Utilities Department before commencing work. Large transmission mains will be tapped by Waterworks Department at the Contractor's expense. 7. New water Main Installation: After the curb and gutter has been installed or line and grades established to receive asphalt with raised edge, the water main shall then be installed. Procedure of installation to conform to A WW A Specifications C600-64, Section 7, 9b through 13. c. Valves: Before setting each valve, make sure the interior is clean and tested for opening & closing. Set valves and stops with stems plumb and at the exact locations shown. Valve and service boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a distance of 3' on all sides of the boxes. Tap connection to existing mains shall be kept closed until after the line is tested, sterilized, flushed and accepted for service. d. Fire Hydrant and Laterals: Before setting, remove foreign material from barrel and test for opening and closing. Set hydrant plumb with hose nozzles 18" above finished grade and 24 inches behind the curb. The hydrant shall be set at a height so that the backfill or final grading will be at the bury line. The fire hydrant shall be set a minimum of3.0' from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be cast iron or ductile iron with 6" MJ. valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from the TS6-4 I I I I I I I I I I I I I I I I I I I barrel. Tie rods, concrete and retainer glands/megalugs shall be used for blocking. After installation, all hydrants shall be given a touch-up coat of primer paint and two (2) field coats of high grade paint of the color specified by the Augusta- Richmond Utilities Department. e. Reaction Blocking: All plugs, fire hydrants, caps, tees, bends and other fittings shall be provided with adequate reaction blocking. Reaction blocking shall be of 3000lb concrete and shall bear directly against the undisturbed trench wall. Metal tie rods and clamps and retainer glands/megalugs may be used in lieu of blocking when using cast iron pipe or ductile iron pipe. All tie rods, clamps and retainer glands/megalugs shall be given a bituminous protective coating. All bolts and joints shall be left exposed and caution taken while pouring blocking not to cover tees, bolts, etc., as mentioned above. f. Water Mains Cut and Plugged: After new main and services have been installed, sterilization test completed and meters connected, existing water mains will be cut and plugged as directed by the Augusta-Richmond Utilities Department. g. Water Mains Cut and Plugged: The Contractor shall cut and plug existing water mains where shown on the plans or required for the installation of new work, using a plug, cap or solid sleeve, as directed by the Augusta-Richmond Utilities Department, complete with reaction blocking. h. Tapping Sleeve and Valve: The Contractor shall install a tapping sleeve and valve of proper size and type on the existing water main, tap main and install valve box. The outside of the tapped main shall be cleaned just prior to installation of the tapping sleeve. (Refer to Section 03, paragraph i, and Section 05, paragraphs b6 and b7.) TS6-06. TESTING: After installation of the main, hydrants, services and appurtenances, the main shall be filled and flushed to remove air from the system prior to the testing. The main shall then be refilled and all valves closed feeding the system to be tested. The Contractor shall be required to furnish all equipment to satisfactorily perform the hydrostatic test as specified herewith. The pump shall be installed at the low point of the system and pressure shall be increased to 100 lbs. per square inch above the normal static pressure or 200 lbs. per square inch, whichever is greater. Leakage shall not exceed 23.3 gallons per day, per mile of pipe, per inch of diameter. All pressure tests shall be successfully conducted for not less than four (4) consecutive hours. The test shall be performed after the curb and gutter has been completed and all curb cocks have been located. Notice of 24 hours shall be given to the Augusta-Richmond Utilities Department prior to beginning the test. TS6-07. STERILIZATION: Sterilization shall comply to A WW A Specifications C651-92. The method of disinfection shall comply with Section 5.2 ofC65 1. A representative from the Augusta-Richmond Utilities Department shall be present with four (4) hour notice prior to placing the disinfectant in the system. A notice of 24 hours shall be given to the Augusta- Richmond Utilities Department when the main is ready for a sample to be drawn and tested. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipe lines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the Health Department shall be observed in executing this work. Acceptable analysis must be obtained prior to placing the system in service. Disinfection of water lines and the disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with A WW A Standard C651 (latest revision). TS6-08. "DRY BORE AND JACK" METHOD: MA TERlALS: 1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A- TS6-S I I I I I I I I I I I I I I I I I I I 211, Grade B, with minimum wall thickness as shown on the plans. Steel pipe will have a minimum yield strength of 35,000 PSI. Casing pipe shall be joined together with welded joints. 2. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein. 3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If voids shall develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately one (1) inch, remedial measures will be taken as approved by the Augusta-Richmond Utilities Department. When installing water line through casing, the Contractor shall use mechanical joint pipe with retainer glands/megalugs throughout length of casing. The water main shall be strapped to 8-foot long wooden skids with metal straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar. TS6-09. SALVAGE MATERIAL: All existing pipe, fittings, valve boxes, etc., removed during installation of water system improvements and not reused on the job shall be delivered to Water Works Operations Department, 2822 Central Avenue and placed at location directed by the Augusta-Richmond Utilities Department. TS6-10. MEASUREMENT: a. Water Main: The overall length of water main actually installed will be measured in linear feet along the central axis of the diameter of the pipe from the center to center of junction pipes, end of pipe or centerline of fitting, valve or fire hydrant whichever is applicable. b. Fittings: Measurement of fittings shall be the total weight of all fittings with retainer glands/megalugs installed and accepted. Weight of gaskets, bolts and nuts shall not be included in measured weight. c. Water Main Cut and Plugged: The quantity to be paid for under this item will be the actual number of each size water main cut and plugged, complete and accepted. d. Tapping Sleeve and Valve: The quantity to be paid for under this item will be the actual number of tappings sleeves and valves installed, complete including tap and valve box and accepted. e. Valves: The quantity to be paid for under this item wTH be the actual number of valves, installed, complete with valve box and accepted. f. Fire Hydrants: The quantity to be paid for under this item will be the actual number of fire hydrants installed, complete and accepted. g. Water Meter Service: The quantity to be paid for under this item will be the actual number of water meter services (new), water meter services (existing water main) and water meter services renewed (existing main) installed, complete and accepted. h. Water Meter Service Adjusted: Measurement of water meter services adjusted shall be the actual number of water meter services adjusted, complete and accepted (this item includes new pipe and fittings as required). 1. Bore & Jack: Installation of pipe by bore and jack method shall be measured in place from end of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking and casing pipe ends sealed, complete per plans and this specification. TS6-6 I I I I I I I I I I I I I I I I I I I TS6-11. PAYMENT: Payment for each size of water main pipe measured as specified above will be paid for at contract price per linear foot as set forth below. Other measured items shall be paid for at the contract unit or lump sum price for the various items, which payment shall be full compensation for furnishing and installing the items, complete in place in accordance with the specifications. No separate payment will be made for excavation and backfill, testing, sterilization, reaction blocking, and for clamps and tie rods, or other items of work required for a complete installation except as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid item. Payment will be made under the following: Water Main Fittings Valve with Box Tapping Sleeve and Valve Water Meter Service, New Water Meter Service, Renewal, Existing Main Water Meter Service, Adjusted Water Main Cut and Plugged Fire Hydrant Boring an Jacking for water Line inch size per linear foot per ton per each per each per each per each per each per each per each per linear foot inch size inch size inch size TS6-7 I I I I I I I I I I I I I I I I I I I TEC~CALSPEcnnCATIONS Section vn CONCRETE TS7 -01. CURB AND GUTTER: Concrete curb and gutter shall be placed in accordance with Section 441 of the Specifications of the State Highway Department of Georgia, 1993 Edition. TS7 -02. SInEW ALKS Concrete sidewalks shall be placed in accordance with Section 441 of the Specifications of the State Highway Department of Georgia, 1993 Edition. TS7-03. CONCRETE PAVING: Concrete paving shall be placed to the thickness shown on the plans and in conformity with Section 430 of the Specifications of the State Highway Department, 1993 Edition. TS7 -04. CONCRETE TEST: The Contractor shall obtain the services of an approved Testing Laboratory and submit copies of test reports on all concrete poured. Two (2) cylinders per 50 cubic yards of concrete poured and not less than two for each day's pour shall be tested for 7, 14, and 28 day strength. TS-05. METHOD OF MEASUREMENT AND PAYMENT: A. Curb and gutter will be measured and paid for on a linear foot basis. B. Sidewalks will be measured and paid for on a square yard basis. C. Concrete paving will be measured and paid for on a square yard basis. D. No separate payment shall be made for concrete testing. TS7-1 I I I I I I I I I I I I I I I I I I I TEC~CALSPEcnnCATIONS SECTION vm CONCRETE CURB AND GUTTER TS8-01. SCOPE: This section covers construction of portland cement concrete curb and gutter. TS8-02. REFERENCE: All referenced sections and articles refer to the standard specifications of the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS8-03. MATERIALS: Concrete shall be Class A as described in Article 500.3 of Georgia Highway Specifications, 3000 psi, with an air content by volume of 3% to 6%. The concrete shall have a maximum slump of 3 inches. All materials shall meet the requirements of Georgia Highway Specifications. Reference is made to the following: Portland Cement Water Fine Aggregate Size No. 10 Coarse Aggregate Steel Bars for Concrete Reinforcement Dowel Bars and Tie Bars Performed Joint Filler Article 830.01 Article 880.01 Article 801.02 Article 800.01 Article 853.01 Article 853.08 Article 833.().l TS8-04. CONSTRUCTION: Construction methods shall be in compliance with the applicable portions of Sections 441 and 430 of the Georgia State Highway Specifications. TS8-05. CURB AND GUTTER: All curb and gutter removed and damaged during and resulting from excavation of the trench for the proposed sewer lines shall be replaced by the Contractor in such manner that it will conform to existing or improved condition before the trench was cut. TS8-06. MEASUREMENT AND PAYMENT: Replacement of curb and gutter will be paid for at the applicable unit price as set forth in the proposal. TS8-1 I I I I I I I I I I I I I I I I I I I TEC~CALSPECnnCATIONS SECTION IX BITUMINOUS PAVING TS9-01. . SCOPE: This section covers a graded aggregate base course, bituminous prime coat, bituminous tack coat, and a hot laid asphaltic concrete surface course, complete. TS9-02. REFERENCE: All referenced sections and articles refer to the Standard Specifications for the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS9-03. SUBGRADE: Prepare and compact sub grade to receive a graded aggregate base course in accordance with the section of these specifications entitled II Grading" . TS9-04. GRADED AGGREGATE: Graded aggregate base course shall be constructed to the thickness indicated on plans. a. Materials: Materials shall conform to requirements of Section 815, and related articles. b. Applications: Apply graded aggregate base course in accordance with applicable requirements of Section 310. c. Compaction: Compact to at least 100% of maximum density at optimum moisture content based upon the Standard Proctor Method, AASHO T-99. TS9-05. MTT.L ASPHALTIC CONCRETE PAVEMENT: Milling existing asphaltic pavement shall be performed in accordance with Section 432 of the standards in the locations shown on plans. TS9-06. BITUMIN6US PRIME: Bituminous prime shall be applied to the fmished base course at the rate of 0.15 to 0.30 gallons per square yard in accordance with Section 412, the exact amount being specified for each job by the Augusta-Richmond Utilities Department. The material used in accordance with article 820.00. TS9-07. BITUMINOUS TACK COAT: a. Material & Construction: Section 413. b. Quantity per Square Yard: 0.02 to 0.04 gallons per square yard. TS9-1 I I I I I I I I I I I I I I I I I I I TS9-08. ASPHALT CONCRETE SURFACE COURSE: The asphalt concrete surface course shall be type "E" or type "B-Modified" and of a thickness indicated on plans. a. Materials: The materials to be used shall be in accordance with the following articles: Asphalt Cement Article 820.01-Table 820.1 Coarse Aggregation for Asphaltic Concrete Article 802.02 Fine Aggregate for Asphaltic Concrete Article 802.01 Mineral Filler Article 803.01 See following for Mix. b. Application: Apply asphalt concrete surface course in accordance with applicable requirements of Section 400. c. Compaction: Compact to at least 98% of the density of a laboratory specimen of the same mixture subjected to 50 blows of a standard Marshall Hammer on each side of the specimen, based on the Marshall Test Procedure, ASTM D1559. BITUMINOUS PLANT MIX BASE: a. Material and Construction: Section 400. b. Job Mix: Section 400. TS9-09. PAVEMENT MARKING: All pavement markings shall be constructed in accordance with Section 653 of reference specifications and placed as indicated on plans. TS9-10. TESTS: a. Materials: Contractor shall be responsible for having materials he proposes to furnish tested to demonstrate conformance to these specifications. Certified copies of Test Reports shall be approved by t he Augusta-Richmond Utilities Department prior to construction. b. Compaction: Compaction test will be made at the discretion of, and at locations specified by the Augusta-Richmond Utilities Department, at no cost to the Contractor. TS9-11. MEASUREMENT AND PAYMENT: Graded aggregate base will be measured and paid for on a square yard basis. The thickness shall be 12" after compaction. Milling existing asphalt concrete pavement will be measured and paid for by the square yard. Bituminous Prime will not be paid for separately. Bituminous tack material shall be paid for on a per gallon basis. The TS9-2 I I I I I I I I I I I I I I I I I I I asphalt concrete will be paid for by the ton. Asphalt concrete, all types, shall be paid for by the ton. Pavement markings shall be paid for per linear foot for striping and per word or symbol, each. TS9-3 I I I I I I I I I I I I I I I I I I I TEC~CALSPEcnnCATIONS SECTION X FINISH GRADING AND GRASSING TSIO-Ol. SCOPE: Work under this section shall consist of finish grading, fertilizing and grassing the construction area and other ares disturbed by the Contractor's operations, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TSIO-02. FINISH GRADING: Finish grading shall consist of finishing off to a uniformly smooth surface free from abrupt irregular surface changes, all areas disturbed by Contractors' operations within the permanent and temporary easement area. The degree of smoothness shall be that ordinarily obtainable from power grader operation. The finished surface shall not be more than 0.25 feet above or below the established grade. There shall be no roots, wasted building material, trash or other unsightly matter projecting through or visible at the surface. TSIO-03. FERTILIZER: a. Material: Fertilizer shall be 4-12-12, commercially mixed, conforming to the fertilizer laws of the State of Georgia. b. Application: All areas disturbed by the Contractor's operations shall be fertilized. Fertilizer shall be applied just before or simultaneously with the planting of grass. It shall be applied uniformly at the rate of 1,500 pounds per acre. It shall be applied with approved mechanical spreaders. TSIO-04. SEEDING: All areas disturbed by the Contractor's operations shall be seed as follows: Planting Date Feb. 1 to Sept. 1 Sept. 1 to Nov. 15 Srui Hulled Bermuda Abrujji Rye Application (# per acre) 20 20 TSIO-05. PROTECTION: Newly graded and seeded areas shall be protected from the action of the elements and any settlement or washing that may occur from that or any other cause prior to acceptance of the work shall be repaired and grades re- established to the required elevations and slopes at the Contractor's expense. TSIO-06. MAINTENANCE: Maintenance of the seeded area shall be furnished under this contract for a period of 60 days after the completion of the work. Reseeding shall be required where previous planting did not grow at the Contractor's expense. TSIO-07. PAYMENT: No separate payment will be made for the work covered under this section. Finish grading and grassing will be considered as subsidiary obligations of the Contractor for the construction of the sewer improvements and the cost involved shall be included in the applicable contract lump sum or unit prices bid for sewer pipe and appurtenances, and water main and appurtenances, complete in place. TSIO-l