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Home My WebLink AboutMABUS BROTHERS BROWN ROAD SANITARY SEWER SUD PROJECT 00040 FOR CONTRACT DOCUMENTS AND SPECIFICATIONS BROWN ROAD SANITARY SEWER AUD PROJECT 00040 RENEWAL AND EXTENSION NO. 200606 Augusta, Georgia I I I I I I I I Prepared for Augusta-Richmond County Commission Drew Goins Interim Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia June 2008 FOR CONTRACT DOCUMENTS AND SPECIFICATIONS BROWN ROAD SANITARY SEWER AUD PROJECT 00040 RENEWAL AND EXTENSION NO. 200606 Augusta, Georgia /; I Prepared for Augusta-Richmond County Commission Drew Goins Interim Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia June 2008 I ADDENDUM NO. 2 I I I I I I I I I I I I I I I I I I TO CONTRACT DOCUMENTS FOR BROWN ROAD SANITARY SEWER AUD PROJECT 0040 RENEWAL AND EXTENSION NO. 200606 AUGUSTA-RICHMOND COUNTY COMMISSION June 2008 ZIMMERMAN, EVANS AND LEOPOLD, INC., CONSULTING ENGINEERS - August 27, 2008 INVITATION TO BID: CHANGE Bid date TO September 9, 2008 at 3:00 PM BID SCHEDULE: REPLACE Page 1 and 2, attached. EACH BIDDER IS REQUESTED TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO.2 BY ATTACHING THIS COpy TO THE FRONT FLYLEAF OF THE CONTRACT DOCUMENTS AND. NOTING RECEIPT OF SAME ON PAGE B-1. OF THE BID. END OF ADDENDUM NO. 2 ZEL PROJECT #0706-00 0706-00 Addenda No. 2.doc "' ,. {. - BID SCHEDULE TO ACCOMPANY THE PROPOSAL OF BIDDER: ADDRESS: I I I I I I I I I 477 I I 76 LF I 137 LF I 552 LF 200 LF I 190 LF I 420 LF 366 LF I 253 LF I I PAGE 1 OF 2 I AUGUSTA UTILITIES DEPARTMENT - PROJECT SANITARY SEWER BID SCHEDULE S-28 S-38 S-48 S-5B 'S-6B S-1C S-2C S-3C S-4C S-5C S-6C S-7C S-8C . 10" diameter PVCsanitary sewer pipe SDR 35, Depth 0' to 6', including Type 11.(No. 57 stone) bedding material. 10" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 8', including Type II (No. 57 stone) bedding material 10" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 10', including Type II (No. 57 stone) bedding material 10" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 12', including. Type II (No. 57 stone) bedding. material 10" diameter PVC sanitary sewer pipe SDR 35; Depth 12' to 14', including Type II (No. 57 stone) bedding material 10" diameter PVC sanitary sewer pipe SDR 35, Depth 14'to 16', including Type II (No. 57 stone) bedding material' . 12" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 6', including Type II (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 8', including Type II (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 10', including Type II (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 12', including Type II (No; 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 12' to 14', including'Typell (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 14' to 16', including Type II (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 16' to 18', including Type II (No. 57 stone) bedding material 12" diameter PVC sanitary sewer pipe SDR 35, Depth 18' to 20', including Type II (No. 57 stone) bedding material 0706-00 BID SCHEDULE REV 2 (2).DOC 0706-00 BID SCHEDULE REV 2 (2).DOC PAGE 20F2 I I I I I I I I I I I I I I I I I I 10" diameter ductile iron sanitary sewer pipe Class 1, Depth LF 0' to 6', including Type II (No. 67 stone) bedding material S-9C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 20' to 110 LF 22', including Type II (No. 57 stone) bedding material S-17 Brown Road Crossing - Jack & Bore 20" diameter steel 40 LF casing, minimum wall thickness 0.375 inch. Carrier pipe included, 12" diameter ductile iron sanitary sewer pipe, Class 250, restrained joint, end seals S- Pre-cast sanitary manhole, GA DOT STD 1011 A, Type 1, 32 EA , Additional Sanitary Manhole depth, Type I, Class 1 (48" Dia.) 162 VF Additional Sanitary Manhole Depth, Type 1 Depth Class 2 10 VF 48" Diameter 6" sanitary sewer service, complete 2 EA S:'33 Tie new sanitary sewer to existing manholes, diameter varies 2 EA S-34 AC Water Main Crossing 2 EA S-38 Creek Crossing including rip rap, filter fabric and concrete 160 LF encasement MISCELLANEOUS M-3 Rock Excavation 10 CY M-7 Select Refill 600 CY LUMP SUM LS-1 Lump sum construction (includes but is not limited to the listing continued below) 1 . I ADDENDUM NO. 1 I " TO CONTRACT DOCUMENTS FOR BROWN ROAD SANITARY SEWER AUD PROJECT 0040 RENEWAL AND EXTENSION NO. 200606 AUGUSTA-RICHMOND COUNTY COMMISSION June 2008 I I ZIMMERMAN, EVANS AND LEOPOLD, INC., CONSULTING ENGINEERS - August 20, 2008 I BID SCHEDULE: Page 1 & 2: REPLACE Entire pages (attached). ITEM S-37 no longer exists in any of these documents. I SPECIFICATIONS: Page Tl-1: DELETE last paragraph "Merchantable Timber: Page T2-6: ADD the following paragraph under the PAYMENT section and before ITEM M-7: ITEM M-3: Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. I I I . Page T6:-4: ADD the following sentence to the end of the General paragraph under Manhole and Frames and Covers section: The frames shall be cast into the manhole cones. I Page T6-4: DELETE Entire paragraph "Standard Frames and Covers" AND REPLACE with the following paragraph: 926-US: " I Manhole Frame. & Cover shall be US Foundry, 926-US. Castings shall conform to specification ASTM-A48, Class 35B, Gray Cast Iron and AASHTO M-306 Specification. Castings shall be rated heavy duty and be manufactured in the USA. Casting shall" incorporate a special 40 durometer neoprene T-gasket to reduce water infiltration. Casting will be free of imperfections or blemishes and will be supplied unpainted. Ring & Cover shall have machined horizontal bearing surfaces. Cover to be hinged incorporating a safety lock and resting position at 1100. Cover shall be one person operable with a required lift force not to exceed 70 Ibs. Cover shall have a non-penetrating lifting hole operational from front or back. Cover shall have a pentahead cam locking device. Markings on castings will include the following: Name of Foundry, Country: Made in the USA, "SANITARY SEWER" I I I I Page T6-8: ADD the following paragraphs to the PAYMENT section: ITEMS, S-22A: Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. I . I 0706-00 Addenda No. l.doc I I " ITEM S-30: Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, aggregate base and asphalt pavement repair, and property restoration. No additional payment shall be made for these items. ITEM, S-34: AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. Page T7-1: In the Water paragraph under the SCOPE section REPLACE "Columbia County" with Augusta-Richmond County. T21 MEASUREMENT AND PAYMENT Section T21: T21-1 & T21-2. REPLACE Entire pages attached) DRAWING: The following clarification/amendments have been made to the contract drawings: DWG G: _MAKE changes to Bid Schedule to match Bid Schedule changes above. DWG 10: ADD The attached three details, Frame and Cover, AC Main Crossing and Sewer Service details. No revised contract drawing sheets will be reissued prior to bid. . CONSTRUCTION RESTRICTIONS: See attached spreadsheet. RESPONSE TO QUESTIONS: Will any timber be salvaged? disposed per Specifications T1. NO, all timber is to be EACH BIDDER IS REQUESTED TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY ATTACHING THIS COPY TO THE FRONT FLYLEAF OF THE CONTRACT DOCUMENTS AND NOTING RECEIPT OF SAME ON PAGE B-1 OF THE BID. END OF ADDENDUM NO. 1 ZEL PROJECT #0706-00 . 0706-00 Addenda No. l.doc I I I I I I I I I I I I I I I I I I I 10" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 6', including Type II (No. 57 stone) bedding material S-2B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 8', including Type II (No. 57 stone) bedding material S-3B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 10', including Type II (No. 57 stone) beddingmatedal S-4B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 12', including Type II (No. 57 stone) bedding material S-5B 10" diameter PVC sanitary sewer pipe SDR 35; Depth 12' to 14', including Type II (No. 57 stone) bedding material S-6B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 14' to 16', including Type II (No. 57 stone) bedding material S-1 C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 6', including Type II (No. 57 stone) bedding material S-2C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 8', including Type II (No. 57 stone) bedding material S-3C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 10', including Type II (No. 57 stone) bedding material S-4C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 12', including Type II (No. 57 stone) bedding material S-5C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 12' to 14', including Type II (No. 57 stone) bedding material S-6C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 14' to 16', including Type II (No. 57 stone) bedding material S-7C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 16' to 18', including Type II (No, 57 stone) bedding material S-8C 12" diameter PVC sanitary sewer pipe SDR35, Depth 18' to 20', including Type II (No. 57 stone) bedding material S-9C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 20' to 22', including Type II (No. 57 stone) bedding material I I I I I I -I I 1208 LF I 1444 LF 477 LF I 475 LF I 60 LF 76 LF I 137 LF I 552 LF 200 LF I 190 LF I 420 LF 366 LF I 253 LF I 110 LF I PAGE 1 OF 3 I BID SCHEDULE " TO ACCOMPANY THE PROPOSAL OF BIDDER: ADDRESS: AUGUSTA UTILITIES DEPARTMENT - PROJECT SANITARY SEWER BID SCHEDULE 0706-00 BID SCHEDULE REV. 1.DOC 0706-00 BID SCHEDULE REV. 1.DOC PAGE20F3 I I I I I I I I I I I I I I I I I I I . ~ . . I SECTION T21 MEASUREMENT AND PAYMENT I GENERAL Note: All items which must be removed by the contractor during construction, - and which are not specifically shown to be paid for otherwise, are to be removed without additional payment~ All costs for this removal and resetting (if necessary) shall be included in the pay item "Lump Sum Construction". Also, any other item without a specific pay item shall be included in "Lump Sum Construction". I I SANITARY SEWER I ITEMS S-lB through S-9C - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench' excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration andexfiltration testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed, circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. I I ITEM S-17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. I I ITEMS S-20A - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, - collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall,include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the - manhole utilizing a method approvedhythe Augusta Utilities Department. No additional payment shall be made for these items. I I I ITEMS S-21A - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. I S-22A - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. I ITEM S-30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, aggregate base and asphalt pavement repair, and property restoration. No additional payment shall be made for these items. I I I 'ZEL, ENGINEERS I 0706-00 T21 Measurement and Payment Rev. l.doc T21-1 I SECTION T21 MEASUREMENT AND PAYMENT " ITEM S-33 Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, .rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM S-34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM S-38 - Creek crossing shall be measured in linear feet and .shall include rip rap, filter fabric and concrete pipe encasement, including costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. MISCELLANEOUS ITEM M-3 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ~ ITEM M-7 - Select refill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and. stockpiling charges. The volume of material included shall be the actual measured "in~place" volume. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM LS-l - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. . 0706-00 T21 Measurement and Payment Rev. 1.doc 'ZEL, ENGINEERS T21-2 I I I I I I I I I I I I I I I I I I I to "- .r<) to to I'":l t' to "- l' O'l N ..t- ('\I ex:> "- I"") C'i I"") to "- I') .- . ('\I 4=... ~\~''''''''''''''''''= [) ~. .~. '- ~ ","= ~ I') .~. .~ to ::c .~ ' ..i!5 b LO .~~ ('\I ~g ..i.ri...~ 0"(..) Ad .=00 <( W .~ <:.. .W D Z :r: . ct Etn:: <: W(IJ .......I OD :CZ _ F :-lL.: ."$ :J - -r--: "S. , .......... "<t" '--" (f)(I) WO] -.l- 00:: :r: D Z F l1... :J I ......... I'":l ~ to "- I') o :::> <( <0 ,.....:.: "- NIO L- ... N ~....~ l 1 .t/.I-JJ- ''<I- N '- ~: 4Jr- to ('\I o roro s o CD.~ IfJ 0 ll! ...;J Ll)"" < I ".... ~ e~~~ir u... 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C\I C\I I co 0 I 0 t:! 0 t:! co I I I I I I Ul I - .c: 0> E 0> Ul ell I 0> Cii - :J U .... ell I 0> (3 I I I I I I I I .... 0> 3: 0> U) "0 ell o e::: c: 3: e co ~ o I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR BROWN ROAD SANITARY SEWER AUD PROJECT 00040 RENEWAL AND EXTENSION NO. 200606 Augusta, Georgia Augusta-Richmond County Commission The Honorable Deke S. Copenhaver Mayor Betty Beard, Mayor Pre-Tern COMMISSION J. R. Hatney Alvin Mason Corey Johnson J oe Jackson Don Grantham Jimmy Smith Jerry Brigham Joe Bowles Calvin Holland Sr. Drew Goins Interim Director Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia June 2008 I I I I I I I I I I I I I I I I I I I SECTION I IB P BB A NA NP PB co TABLE OF CONTENTS TITLE # OF PAGES Invitation for Bids 2 Instructions to Bidders 2 Proposal 2 Bid Bond 2 Agreement 4 Notice of Award 1 Notice to Proceed 1 Performance and Payment Bonds 5 Change order 1 GC-O Index to General Conditions TS TechrUcalSpectlications LIST OF DRAWINGS COVER SHEET G 1 2 3 4 5 GC SGC SC-O SC TS-O 6 7 General Conditions 52 Supplemental General Conditions 1 Index to Special Conditions 1 Special Conditions 1 Index to TechrUcal Spectlications 1 30 LOCATION MAP AND DRAWING LIST GENERAL NOTES - PROJECT SANITARY SEWER BID SCHEDULE PLAN AND PROFILE ST A 0+00 TO ST A 30+00 PLAN AND PROFILE STA 30+00 TO STA 61+00 PLAN AND PROFILE STA 61+00 TO STA 91+52.45 SOIL EROSION AND SEDIMENT CONTROL EROSION AND SEDIMENT CONTROL - DETAILS FOR UTILITY LINE CONSTRUCTION EROSION AND SEDIMENT CONTROL - NOTES AND DETAILS MISCELLANEOUS DETAILS SECTION IB INSTRUCTION TO BIDDERS IB-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof IB-1 I B-2 who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. ill-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. ill-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. ill-07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. ill-OB REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. \ I ~ Enc1qsed is a bid guarantee consisting of o.v b ,. ~ h 0 n J.. amount of /0% C'.p. B~4 A-fYlOuJ1J'1- in the SECTION P PROPOSAL DATE:---2bbs Gentlemen: . In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and perrorm all work for the ptoject referred to herein as: . BROWN ROAD SANITARY SEWER, AUD PROTECT 00040 RENEWAL AND EXTENSION NO. 200606 In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: Fav ~ hu ~ ~ fov..V"'t'j $9\ter\) ihot)~J e-'9hf ~v1<tl...J -P.:tJ-'j six. and Z/ 110a9.0nars(~t~8.$(O. z:.iL) -+-~3.b'f:::: W 4.1,q 1C\.~S )):f, The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notiCe execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees. required by the contract d~ents. The undersigned hereby agrees that,. if awarded the contract, he will commence the work within Ten (lOl calendar days after the date of written notice to proceed, and that he will. complete the work within ONE HUNDRED TWENTY (120) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date '#~J e/mfr8 A1~~ a/z7j08 1 Respect:fu11y Submitted, . I /1 I ~US B~~7:Le7//IJC. 7ff;. MdIbFlrp,..,J.,eJ. / .~ t c;,.tr 2-0~o . ~ddr . BY{ TITLE: 0706-00 PROPOSALDOC PAGE 1 OF1 tJ;: 10" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to (0;;,/ '35 ' <[J 6', including Type II (No. 57 stone) bedding material a" 5 4- ~5. z,t.C-4 S-2B 10" diameter PVC sanitary sewer pipe SqR 35, Depth 6' to 1208 LF 8', including Type II (No. 57 stone) bedding material z,z. 62 Zl Z04.IC, S-3B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 1444 LF 10', including Type II (No. 57 stone) bedding material 2:4: 52. :6,40'. S-4B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 477 LF 12', including Type II (No. 5~ stone) bedding material Z{P.6~ Z. &,fIl S-SB 10" diameter PVC sanitary sewer pipe SDR 35. Depth 12' to '475 LF 14', including Type II (No. 57 stone) bedding. material Z8.5~ I~ '5I1-7.t:D S-6B 10" diameter PVC sanitary sewer pipe SDR 35, Depth 14' to 60 LF 80. Sz. /.e 2{. 2LJ 16', including Type II (No. 57 stone) bedding material S-1C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 76 LF 6', including Type II (No. 57 stone) bedding material zz.8tJ I. 73Z.eO S-2C 12" diameter PVC sanitary sewer pipe SDR 35. Depth 6' to 137 LF 8', including Type II (No. 57 stone) bedding material Z'f.BO 33tj7, '0 8-3C 12" diameter PVC sanitary sewer pipe SDR 35. Depth 8' to 552 LF 10'. including Type II (No. 97 stone) bedding material ~t,.~ /4. 7~3.~ S-4C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 10' to 200 LF 12', including Type II (No. 57 stone) bedding material ZE.~ 5:71. .00 S-5C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 12' to 190 LF 14', including Type II (No. 57 storie) bedding material 3/).80 5.l!>5Z.t:JO S-6C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 14' to 420 LF 16', including Type II (No. 57 stone) bedding material 3Z.~O .3 t;; S-7C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 16' to 366 LF 18', including Type II (No. 57 stone) bedding material M:9o, '7. S-8C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 18' to 253 LF 3C, .8tJ 20', including Type II (No. 57 stone) bedding material 93//),46 J BID SCHEDULE TO ACCOMPANY THE PROPOSAL OF BIDDER: Ma.,bU5 BrtJs. ~S-J- a.0C . ADDRFSS: qjzo MtJ/~ ~a)1J Rd. Au:) os/;... 1 t:;;J]- 30:}oJ \ AUGUSTA UTILITIES DEPARTMENT.. PROJECT SANITARY SEWER BID SCHEDULE 0706-00 BID SCHEDULE REV 2.DOC PAGE 1 OF2 0706-00 BID SCHEDULE REV 200e PAGE20F2 ~ 10" diameter ductile iron sanitary sewer pipe Class 1, Depth 335 LF S-9B 0' to 6', including Type II (No. 67 stone) bedding material S-9C 12" diameter PVC sanitary sewer pipe SDR 35, Depth 20' to 110 LF ~e. S (J 1Z"8.00 22', including Type 1('(No. 57 stone) bedding material S-17 Brown Road Crossing - Jack & Bore 20" diameter steel 40 LF casing, min\mum wall thickness 0.375 inch. Carrier pipe '!17{,.77 /qO]().80 included, 12" diamet~r ductile iron sanitary sewer pipe, Class 250, restrained joint, end seals S- Pre-cast sanita~ manhole, GA DOT 8TD 1 011A, Type 1, 32 EA ~/l.C(). 51,5S1:~;_ , , " Additional Sanitary Manhole depth, Type I, Class 1 (48" Dia.) 162 VF /5f;fJZ 24j~/.Z1 Additional Sanitary Manhole Depth, Type 1 Depth Class 2 10 VF /5"f:tJZ! 161-0.20 48" Diameter 8-30 6" sanitary sewer service, complete 2 EA 500.(Y) /t'a? ~O S-33 Tie new sanitary sewer to existing manholes, diameter varies 2 EA /4tJO.tJO ~ 800, 00 S-34 AC Water Main Crossing 2 EA I. ?Jf38.()() z:T76 ,ao S-38 Creek Crossing including rip rap, filter fabric and concrete 160 LF 1GB. '~~.dc1 encasement MISCELLANEOUS M-3 Rock Excavation 10 CY f3G:.CI) 60 .00 M-7 Select Refill 600 CY &.00 4E?LCJ(J(J LUMP SUM L8-1 Lump sum construction (includes but is hot limited to the listing continued below) 1 ..1- :...fe.- rY't +C,3,6'1. 5-\8. 07OEHlO BID SCHEOULaOOC PAGE30F3 Lump ~um Construction. Item Description 1 Mobilization, Demobilization 2 Bonds" Insurance 3 Gabion Retaining Walls 4 Remove and reset fences, All types 5 Remove, and reset gates, All types 6 Re~ove and reset stonTi sewer, Lengths &' sizes vary 7 X' <material> drain pipe 8 Remove and recOnnect water services, complete 9 Reconnect sanitary sewer services 10 Reconstruct <material> wall, Height varies 11 Remove and ~set signs, Type varies 12 Remove and reset water sprinkler systems, complete 13 Remove and reset water valve, size varies 14 Remove ~nd reset yard lamps, Type varies 15 Remove and reset mailboxes, Type varies 16 Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion control structures) 17 Traffic control 18 Miscellaneous grading 19 Raise manholes and valves boxes to grade 20 Clearing and Grubbing ZEt THE AMERICAN INSTITUTE OF A JORGE JIMENEZ Ma\nu.":> Bf~~ AJADocument A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Mabus Brothers Construction Co.. Inc. 920 Molly Pond Road. Auqusta. GA 30901 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 a corporation duly organized under the laws ofthe state of WA as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta, GA Commission Green Street, Augusta, GA as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), 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 Brown Road Sanitary Sewer Improvements, Augusta, GA 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 materials 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 perform 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 2nd September 2008 day of Mabus Brothers Construction Co., Inc. rine/pal) (Seal) ~R (Title) Safeco Insurance Company of (Surety) (Seal) ~ (Title) AlA DOCUMENT A310 . BID BOND. AIA . FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 \ I / this ~/11d day of ~0l d) ~J7it lu J I ,d)~1. POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco PICjZ8 Seattle, WA 98185 No. 9721 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***PAMELA BRANDT; HEIDI K. HARRELL; BRAD LORENZETll; JAMES M. MALONEY; CYNTHIA M. PARTIN; Columbia, South Carolina**** its true and,lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL. INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 6th day of April 2007 ~~~ STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal; or a facsimile thereof, may be impressed or affIXed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution oftne Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ~~~ STEPHANIE DALEY-WATSON, SECRETARY Safeco@ and the Safeco 1090 are registered trademarks of Safeco Corporation. WEB PDF S-0974/DS 4/05 Section A Agreement THIS AGREEMENT, made on the _ day of . 20---, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Mabus Brothers Construction Co.. Inc., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: BROWN ROAD SANITARY SEWER IMPROVEMENTS, AUD PROJECT 00040 RENEWAL AND EXTENSION NO. 200606 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE IT - TIME OF COMPLETION/LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be completed within 120 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDmONS of this contract CONTRACTOR agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, that tl1e time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAll.., OR REFUSE TO COMPLETE 1HE WORK WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the consideration for the awarding of this contract, to pay the OWNER the sum of One Thousand and no/l00s ($1,000.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. A-I A-2 ARTICLE ill - PAYMENT (A) The Contract Sum The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER's Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/ or the Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Professional shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the CONTRACTOR, including the retained percentage, shall be paid to the CONTRACTOR by the OWNER within 15 days after the date of said final certificate. (B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled. (D) H after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the Professional, so certifies, the OWNER shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (SEAL) OWNER: AUGUSTA, GEORGIA By: cf2 J4 ~ As its Mayor -----' tMr ~\\t )08 ~l ~cY tJ l??&'~' Witnes (SEAL) /lhSt.(j '8/(o.,..~..J C,,voS?';\I..~. ~G. ::'NTRACTO~c> As:7 1. ! ATTEST: ~a~ Secretary Address: 920 Molly Pond Road ~7?-a /' ~s Augusta, GA 30901 _UG.US~ - EO';'c;. NOTICE OF AWARD DATE: CONTRACTOR: Mabus Brothers Construction Co., Inc. ADDRESS: 920 Molly Pond Road Augusta City GA State 30901 Zip Code PROJECT: BROWN ROAD SANITARY SEWER PROJECT NO: 00040 I At a meeting of the you were awarded the Contract for the following Project: held on (Date) BROWN ROAD SANITARY SEWER, AUD PROJECT 00040, RENEWAL AND EXTENSION NO. 200606 Enclosed please find 6 copies of the Contract Documents for your execution. Please complete the I pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. I The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. I Very truly yours, Augusta Program Management Team I I Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, the day of 2008 I I Contractor By Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Deparbnent Attn: Program Managers 360 Bay Street, Suite 180 Augusta, GA 30901 Title I I I I BROWN ROAD SANAITARY SEWER, RENEWAL AND PROJECT: EXTENSION NO. 200606 PROJECT NO: 00040 . NOTICE TO PROCEED DATE: TO: Mabus Brothers Construction Co., Inc. I I I Attn: 920 Molly Pond Road Augusta, GA 30901 You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within 120 consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Augusta Program Management Team I I Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , 2008 I I Contractor: By: Title: I I I I I Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Deparbnent Attn: Program Managers 360 Bay Street, Suite 180 Augusta, GA 30901 'v . ., J. THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.6578658 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 Mabus Brothers Construction Co., Inc. 920 Molly Pond Road Augusta, GA 30901 OWNER (Name and Address): Augusta-Richmond County, Georgia Room 605, Purchasing Department Augusta, GA 30911-3999 CONSTRUCTION CONTRACT Date: October 27, 2008 Amount: ($ 447,856.21 ) Four Hundred Forty Seven Thousand Eight Hundred Fifty Six Dollars and 21/100 Description {Name and Location):Construction of the Brown Road Sanitary Sewer System Improvements Project, Augusta, GA BOND Date (Not earlier than Construction Contract Date): November 3,2008 Amount: ($447,856.21 ) Four Hundred Forty Seven Thousand Eight Hundred Fifty Six Dollars and 21/100 Modifications to this Bond: ~ None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: Mabus Brothers Co SURETY Company: Safeco Insura (Corporate Seal) (Corporate Seal) e Com any. of A~~ Cynthia M. Partin Attorney-in-Fact v.p. Signature: Name and Title: Larr Signature:' Vice-President Name and Titl (Any additional signatures appe r on page 3) (FOR fNFORMATlON ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis other party): 1441 Main Street. Columbia, SC 29201 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312.1984 1 ~ '. . 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared 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 iD Paragraph 6 in ex- cess 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 deter- mined, 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 Ov.mer 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 Ovmer. 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 limitof 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituled in any court of competent jurisdiction in the location in which the \'I.'orl< 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1i3S NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRD PRINTING. MARCH 1957 A312.1984 2 ""I able 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 sig- nature 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 shall be deemed deleted herefrom and provisions con- forming 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 Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. . 12.3 Contractor Default: Failure of the Contrac;tor, which has neither been remedied nor waived, to per. form 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 Con- tractor 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 Company: (Corporate Seal) Signat.ure: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PA VMENT BOND' DECEMBER 1984 ED. . AlA SI THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTINC . MARCH 1987 A312-1984 3 AlA DOCUMENT A3t2 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING · MARCH 1987 A312.1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6578658 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Mabus Brothers Construction Co., Inc. 920 Molly Pond Road Augusta, GA 30901 OWNER (t~ame and Address): Augusta-RiC?hmond County, Georgia Room 605, Purchasing Department Augusta, GA 30911-3999 CONSTRUCTION CONTRACT Date: October 27,2008 Amount: ($447,856.21 ) Four Hundred Forty Seven Thousand Eight Hundred Fifty Six Dollars and 21/100 Description (Name and location): Construction of the Brown Road Sanitary Sewer System Improvements Project, Augusta, GA BOND Date (Not earlier than Construction Contract Date): November 3, 2008 Amount: ($ 447,856.21 ) Four Hundred Forty Seven Thousand Eight Hundred Fifty Six Dollars and 21/100 Modifications to this Bond: 0 None e9 See Page 6 Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 CONTRACTOR AS PRINCIPAL Company: Mabus Brothers on SURETY Company: Safeco Insura Signature: Name and Tit (Corporate Seal) Signature: Nanie an (Any additional signatures appear n page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis other party): 1441 Main Street Columbia, SC 29201 1 The Contractor and the Surety, jointly and sevel<llly, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is ihcorpo- rated 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 fur- nished 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. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, 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 Con- tractor 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 no- tice 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 the Owner to the Contractor or to the Surety, that is suffi- cient 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 Ovmer to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satiSfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor In the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity 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 unrelat. ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or othelWise 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 &nd other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) 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 OJ 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 performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED.. AI^~ THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.w.. WASHINGTON. D.C. 20006 THIRD PRINTING · MARCH 1987 A312.1984 5 Bortd sl1all be construed as a statutory bond and not as a COinmon 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 permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:' Construction Contract, architectural and engineering services required for performance 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 sig- nature 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period oftime, notifY the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or aniount, and the Surety shall, within a reasonable period oftime, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identifY any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. . (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHlNGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312.1984 6 S-0974/DS 4/05 WEB PDF ~~ POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "'PAMELA BRANDT; HEIDI K. HARRELL; BRAD LORENZml; JAMES M. MALONEY; CYNTHIA M. PARTIN; Columbia, South Carolina"" No. 9721 its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 6th day of April 2007 ~~~ STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation f'/ MI;yI k this .3/t.{J/ day of , ~/J()1. ~~~ STEPHANIE DALEY-WATSON, SECRETARY Safeco@and the Safeco logo are registered trademarks of Safeco Corporation. -:c AI ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 RG DATE (MMIDllIYYYY) MABUS-l 11 03 08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PRODUCER Sne~~inqs Walters Aqency, Inc. 1117 Perimeter Ctr West W-l0l At~anta GA 30338 Phone:770-396-9600 Fax: 770-399-9880 INSURED INSURERS AFFORDING COVERAGE Cinoinnati InauraDOe CcIIIpany FFVA Mutual Insurance Co NAIC# 10677 10385 Mabus Brothers Construction Co 920 Mo~ly.Pond Rd Augusta GA 30901 COVERAGES INSURER A: INSURER B: INSURER C, INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE iMMIODlYYf DATE MMIOOIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 t-- A X COMMERCIAL GENERAL LIABILITY CPP 0836426 06/30/08 06/30/09 PREMISES (E.i-occurem:e) $ 500000 t-- tJ CLAIMS MADE ~ OCCUR - MED EX? (Anyone pelSOll) $ 10000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 - GEN'l AGGREGATE LIMIT APPliES PER: PRODUCTS. COMProP AGG $ 2000000 ~ POLICY 5C1 ~~8r n lOC AUTOM08ILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 - A X Am AllTO CPP 0836426 06/30/08 06/30/09 (Ea accident) I-- ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) r-- X HIRED AUTOS BODILY INJURY r-- $ X NON-OWNED AUTOS (per accident) I-- - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AllTO ONLY. EA ACCIDENT $ =j Am AllTO OTHER THAN EAACC $ AllTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A ~ OCCUR o CLAIMS MADE CPP 0836426 06/30/08 06/30/09 AGGREGATE $ 5,000,000 $ Fx1 DEDUcnBLE $ X RETENllON $0 $ WORKERS COMPENSATION AND X ITORY LIMITS liVER" B EMPLOYERS' LIABILITY WC84000205382008A 06/30/08 06/30/09 E.L. EACH ACCIDENT $ 1000000 Am PROPRIETORlPARlNER/EXECUllVE OFACER/MEMBER exCLUDED? E.L. DISEASE" EA EMPLOYEE $ 1000000 ~~~V:~r6~s below E.L. DISEASE. POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: The Brown Road Sanitary Sewer System Improvements ACORD 25 (2001/08) @ACORD CORPORATION 1988 CERTIFICATE HOLDER CANCELLATION AUgusta Uti~ities Administration 360 Bay Street, ste 180 Augusta GA 30901 AUGUS- 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAno DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBLlGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ORIlED PRESENTATIVE .. ." IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) I I I I I I I I I I I I I I I I I I I SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDffiONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That Mabus Brothets Construction Co., Inc. as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of ,with its principal office in the City of ,State of , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Four Hundred Forty Seven Thousand, Eight Hundred Fifty Six and 21/00 Dollars ($447,856.21) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the BROWN ROAD SANITARY SEWER. AUD PROTECT 00040, RENEWAL AND EXTENSION NO. 200606 in accordance with the drawings and specifications issued by the Augusta Utilities Deparhnent and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB-I I I I I I I I I I I I I I I I I I I I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of A. D. 20_. Witness Mabus Brothers Construction Co.,Inc.(Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) PB-2 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That Mabus Brothers Construction Co., Inc. as Principal, hereinafter called Contractor, and a corporation organized aild existing under the laws of the State of with its principal office in the City of , State of as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinaftercalled the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Four Hundred Forty Seven Thousand, Eight Hundred Fifty Six and no/100 Dollars ($447,856.21) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, arid assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the BROWN ROAD SANITARY SEWER, ADD PROTECT 00040, RENEWAL AND EXTENSION NO. 200606 in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for alllabor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT . (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such PB-3 I I I I I I I I I I I I I I I I I I I claimant1s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. ( 3 ) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the s~e by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) Mter the expiration of one ( I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. ( 4 ) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. PB-4 I I I Witness I Attest I I Witness I I Attest I I I I I I I I I I I Signed and sealed this , day of A. D. 20_. PB-5 Mabus Brothers Construction Co., Inc.(Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) By (Seal) (Title) I I I I I I I I I I I I I I I I I I I PROJECT TITLE ORIGINAL CONTRACT DATE OWNER AUGUSTA, GEORGIA CONSTRUCTION CONTRACT CHANGE ORDER I ~~r~ER I BROWN ROAD SANITARY SEWER R & E No. 200606 PROJECT NUMBER 00040 PO NUMBER The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): PAYEE TOTAL AMOUNT OF TillS CHANGE ORDER $ The contract time will be INCREASE/DECREASE by _ calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDER (INCREASE/DECREASE) $ TillS CHANGE ORDER (INCREASE/DECREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NU1\.ffiER/ ACCOUNT NUMBER 447,856.21 PROPOSED BY: DATE: Mabus Brothers Const. Co., Inc. CONTRACTOR REQUESTED BY: DATE: ENGINEER SUBMITTED BY: DATE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROllER RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: MAYOR I I I I I I I I I I I I I I I I I I l Revision Date . August 2001 GENERAL CONDITIONS ARTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifiCations of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in . requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. . Bonds-Bid, performan.ce and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accOrdance with the Contract Documents. . Change Order- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and . OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time,' issued on or after the Effective Date of the Agreement. . Confract Documents-The Agreement Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the . Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the . Supplementary Conditions; the Plans, Specifications and the Drawings as the Same are more speC?ifically identifi~d in the. Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with . all amendments, modifications and supplements issued pursuant to - paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price- The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time- The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agr~ement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. . Day:~ither a working day or Calendar day as. specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor bay, Veterans Day, ThanksgiVing Day and the following Friday, . and Christmas Day. . . Defective-An adjective which, when modifying the word Work~ refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 deficient, doeS not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless respolisibili1y for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have. been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreementis signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. . . . PROFESSIONAL-The ArchitecturallEngineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. PROGRAM MANAGER - The professi<;mal firm or individual designated as the representative or the OWNER who shall aetas liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The to~1 construction of which the Work to be provided under the Contract Documents may be the whole,. or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Umits of the improvements contemplated to be constructed in whole or in part under this Contract Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his suCcessor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract Resident Project RepresentatiVe- The authorized. representative of PROFESSIONAL as PROGRAM . MANAGER. who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared GC-2 Page 2 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 . by or for CONTRACTOR to illustrate some portion of the Work and all illustrations,. brochures, standard . schedules,performance charts, instructions, diagrams and other information. prepared by a Supplier and submitted by. CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents Consisting of wntten technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. . ,Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definiijve cel1ificate of Substantial Completion, it is sufficiently complete; in accordance with the Contract Documents, so that the Work.(or specifie~ part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General. Conditions. . Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following serviCes or materials: electricity, gases, steam, liquid petroleum . products, telephone or other cOmmunications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating. materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided In paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the Change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. . Written Amendment-A written amendment of the Contract Documents, signed. by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. . After the award of the Contract, OWNER shall furnish CONTRACTOR, atno cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be" OWNER's standard charges for printing and reproduction. . Commencement of Contract Time, Notice to Proceed: 2.,3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed maybe given at any time after the Effective Date of the Contract Starting the Project: 2,4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commenCes shaU be at the sole risk of CONTRACTOR. ,Before Stalting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract DocumentS and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly .report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before pro~eding with any Work affected thereby~ CONTRACTOR shall b~ liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC:rOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6~2. a preliminary schedule of Shop Drawing and Sample submissions, and '2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will. be confirmed in writing by CONTRACTOR at the time of submission. GC-4 Page 4 of 52 I I ' I' I I I I I I I I I I I I I' I I I Rev1.rlon Date August 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to . each additional insured identified in the Supplementa,ry Conditions, an original policy or certified copies of each . insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER , PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work-and to discuss the schedules referred to in 2.6 as well a~ procedures for handling . Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2;9: At least ten days before ~ubmission of the first Application for Payment, a conference attended by . CONTRACTOR, PROFESSIONAL and OWNER and others as. appropriate will be held to ,finalize the schedules submitted in accordance with paragraph ,2.6. CONTRACTOR shall have an additional ten (10) calendar. days to. make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER. and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to . . OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any . specified Milestones and the Contract Time, but such acceptance will neither ilTlPose on PROFE~SIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with' or relieve. CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and . Sample !Submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for . reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as.to form and substance, . . CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating, schedule. Schedl:lle updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request /' , ' GC-5 Page 5 of 52 I I I I I. I I I. I I I I. I I I. I I I I Revision Daee Au<Jl:lSt 2001 ARTICLE 3-CONT~CT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in" accordance with the law of the State of . Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part . thereof) to be cOnstructed in accordance with the Contract Documents.' Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3; Except as otherwise specifically stated in the Con~ct Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Co.ntract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the . provision~ of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of. the Contract DOCuments would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4,. . . . . 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall meanthe latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Woi-k, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, .manual or code or of any instruction ofany.Supplierrefe~ to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing' at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL. for failure to report any conflict, error, ambiguity or discrepancy in the Contract DOcuments unless CONTRACTOR had actual knowledge thereof or should reasonably have knoWn thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 Page 6 of 52 I I I I I I I I I I I I. I I I I I I I Revision Date August .2001 3.6.3. a Work Change pirective (pursuant to. paragraph 10.4). As indicated in paragraphs 11;2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment 3.7. In addition,. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (purSuant to paragraph 9.5). . 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). .Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization . performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to. or OWNERSHIP rights in any of the Drawings; Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any ather project without written consent of OWNER and PROFESSIONAL and specific written . verification or adaptation by PROFESSIONAL. GC-7 Page 7 of 52 I I I I I I I I I I I I I I I I I" I I Revirlon Date August 2001 ARTICLE 4-AVAILABILlTY. OF LANDS, PHYSICAL . CONDITIONS; REFERENCE POINTS A vailability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon wryich the Work is to be performed; rights-:ef.:way and easements for access thereto, and such other lands which 'are designated for the use of. CONTRACTOR. Necessary easements or rights-o.f-way will be obtained and expenses will be . borne by OWNER. If CONTRACTOR and OWNER are unable to agree on emtitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's . furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided 'in Articles 11 and 12. The CONTRACTOR shall provide for all additionallarids and access thereto that may be required for temporary construction facilities or storage of materials and equipment Physical Conditions: 4:2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and testS of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. . 4.2.2. CONTRACTOR may rely upon the general accuracy of the 'lechnical data" contained in such reports and drawings. Such "tec~nical data" is identified in the Supplementary Conditions. Except for such . reliance on such "technical data," CONTRACTOR. may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and infonnation contained in suCh reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any IItechnical data" or any such data, interpretations, opinions or information. . 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherWise concealed physical.conditioris Which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction . activities of the character. provided for in. the Contract Documents, then CONTRACTOR shall give. OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions~ 4.2.4. The .OWNER and PROFESSlo.NAL shall promptly investigate such cOnditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, perfonnance of any part of the Work,. the OWNER and PROFESSIONAL shall recommend an equitable . adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be GC-8 Page 8 of 52 I. I I I I I I I I I I I I I I I I I I Revisi.on Date ~st 2001 performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground FacilitieS: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others, U.nless . it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; arid 4.3.1.2. The Cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground . Facilities shown or indiCated in the Contract Documents, for coordination of tl:1e Work with the OWNER'S of . such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be cOnsidered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract DocumentS and which CONTRACTOR could not. . reasonably have been expected to be aware. of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted. by paragraph. 6.22, identify the OWNER of such Underground Facility and give written notice thereof to thatOWNER, and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly reviewthe Underground Facility to determine the extent to Which the Contract Documents should be modified to reflect and docum.ent the consequences of the existence of the Underground Facility, and the Contract DoCUments will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract.Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be' aware of.. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are neCessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise, specified ih the General Requirements), shall protect and preserve the established reference points and shall make no chahges or ' relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC-9 Page 9 of 52 Revision Date August 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs; Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials broughtto the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and(ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notiCe in writing). OWNER shall promptly consult with . PROFESSIONAL. concerning the necessitY for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall riot be required to resume Work in connection with such hazardous condition or in any suCh affected area until after OWNER has obtained any Tequire~ permits related thereto and del.ivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resiJmption of Work, or(ii) specifying.any special conditions under which such Work may be resumed safely. If OWNER and CQNTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times . as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. . . 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief itis unsafe, or does not agree to resume such Work under Such special conditions, then CONTRACTOR may order such portion of the Work thatis in connectlonwith such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot . agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a ~e$ult of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11-and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. GC-10 Page 10 of 52 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. I I I I I I I I I I I I 1 1 I" - I I Revision Date August 2001 ARTiClE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds; each in an amount at least equal to the Contract Pride. as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents.. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions.. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents . and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Suretie~ on Federal Bonds, and as Acceptable Reinsuring Companies" as published in. Circular 570 (amended) by the Audit staff Bureau of Accounts, U.S. Treasury D~paitment. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers;.Certificates of Insurance . 5.2.1 AU bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that ~re duly licensed or authorized . in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. . . 5.2.2. CONTRACTOR shail deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CO~TRACTOR is required to purchase and maintain in accordance with p.3. . 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared barikruptorbecomes insolvent or. its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acCeptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other . insuranCe as is appropriate for the Work being performed and furnished and as will provide protection. from claims set forth below Which may arise out of or result from CONTRACTOR's performance and furnishing of the Woil< and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indireCtly employed by any of them to perform or furnish any of the Work, or by anYQne for whose acts any of them . may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 52 I I I I I I I I I I I I I I I I I I Rev:tsioD. Date August 2001 '5.3.3. Claims for damages because of bodily injury, sickness or disease; or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5, Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7 . Claims for damages because of bodily injury Or death of any person or property damage arising. out of the OWNERSHIP, maintenance or use of any motor vehicle. . ' TheJnsurancerequired by this paragraph 5.3 shall include the specific coverage's and be written for not less than. the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be . canceled, materially changed or renewal refused until' at least thirty days prior written notice nas been given to OVVNl:::R, PROGRAMMANAGER, and PROFESSIONAL by certified mail. . All such insurance. shall remain in ,effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacirig defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two yea~ after final payment and furnish OYVNER with evidence of continuation of such insurance at final payment and one year thereafter. , Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon .the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and. extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and .water damage, and such other perjls as may be provided in the Supplementary' GC-12 Page 12 of 52 Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. . OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's opti~n, may purchase and maintain such insurance as will . protect OWNER against claims which may arise from operations under the Contract Documents. I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, arcl:litects, attorneys and other PROFESSIONAls). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment 5;7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFFSSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. .5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or . endorsement that the coverage afforded will hot be canceled or materially changed or renewal refused until at lea.st thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance With paragraph of 5.11.2. . 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to , protect the lnterests of CONTRACTOR, Subcontractors or others in the Won< to the extent of any deductible amounts that are provided in the Supplementary Conditions. The ri~k of losS within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any suqhloss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and dan:tages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAl, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses ariddamage$ so caused. As required by paragraph 6.11, each subcontract be~een CONTRACTOR and a SUbcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or. otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages e<;lused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer Will have no .rightsof recovery against any of the parties named as insureds or additional insureds,. and if the insurers requite separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNERwill obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 Page 13 of 52 I I I I I I I I I ' I I I I I I I I I I ReV:1si.on Date August 2001 Receipt and Application of Proceeds: 5,12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such . agreement as the parties in interest may reach. If no other specialagreemerit is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds . 5.13. OWNER, as trustee,. shall have power to adjust and settle .any loss with the insurers unless one of the: parties in interest shall object in writing within fifteen days after the occurrence of los~ to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall. make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper . performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to th.ecoverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordan~ with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. .If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 . on the.basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. . OWNER and CONTRACTOR shall each provide to the other such additional information in respect' of insurance provided ,by each as the other may reasonably. request Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such. insurance purchased, by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completio"n of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use oroccupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies. but the property insurance shall not be canceled or lapse on account of any such parti<31 use or occupancy. . . Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and GC-14 Page 14 of 52 I I I I I I I I I I I I I I I I I I I '-. RevisiOn Date August 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability; claim, suit, demand, d~ui1age,loss, or' expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, includjngthe loss of use resulting therefrom and (b} is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and againstatl claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and'shall defend all such claims in connection with any alleged infringement of such rights; GC-15 . Page 15 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such att~ntion thereto and applying such skills and expertise as may be necessary to . perform. the Work in aCcordance with the. Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques; sequences and procedures of construction, but CONTRACTOR shall not be responsible for the neglig~nce of others in the design or specification of a specific means, method, technique, sequence or pr<~cedl.lre of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall b~ responsible to see thatthe finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except . under extraordinary circumstances. The superintendent will be CONTRACTOR's representative atthe site and shall have authority to act on behalf of,CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform Construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the perfOrmance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. . 6.4. Unless .otherwise specified in the General Requirements, CONTRACTOR shall fumish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery; tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities . and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new; except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the.kind and quality Of materials andequipmenl All matt~rials and. equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or a1~ .. . Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impa,ct thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Pag~ 16 of 52 I I I I I I I I. I I I I I I I. I I I I Revision Date August 2001 Substitutes or "Or-Equar Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using th~ name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, . function and quality required, Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficiept information is. submitted by.CONTRACTOR to allow PROFESSIONAL to determine thatthe material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR. wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed. substitute will perform adequately the functions and achieve the results called fQr: 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 ~ndacceptance of the proposSd substitute will not prejudice CONT.AACTQR'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 Cpntract DoCuments (or in the provisions of any other. direct contract with OWNER for work on the Project). to adapt th~ design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance; repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. .In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about. the proposed sublititute. . . . 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of constrUction aCceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the (;ontract DOcuments. The proCedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1. as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL wlll. be allowed a reasOnable time within which to evaluate each proposed. . substitute. PROFESSIONAL will be the sole judge of aceeptabilityand no substitute will be ordered, installed or utilized Without PROFESSIONAL's prior Written acceptance which win be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense; a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTORshall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's cOnsultants for evaluating each proposed substitute. . . Concerning SubcOntractors, Suppliers and Others: . . 6.8.1. CONTRACTOR shall nof employ any Subcontractor, Supplier or other person Or organization (including those acceptable to OWNER and PROFESSIONAL as iridicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any SubcontractOr, Supplier or other person or organization to fumish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 Page 17 of 52 I I I I I I I I I I I I I. I I I I I I Revi:d.OD Date August 2001. 6.8.2. If the Supplementary Conditions. require the identity of certain Subcontractors, SupplierS or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for aCceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall subinit an acceptable substitute, the Contract Price will be increased by the difference; and. the cost occasioned by such substitution and an appropriate Change Order will be issued or Writtert Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organizati()n shall cOnstitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing orfumishing any of the Work under a direct or indirect contract With CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing .in the Contract DOcuments shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or .. organization, . nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and. Regulations. . 6.10. The divisions and sections of the Specifications and the identificatio~s of any Drawings shall not control CONTRACTOR in dividing the Work among SubcontractorS or Suppliers or delineating the Work to be performed by any specific trade.. . . 6..11. All Work performed for CONTRAcTOR by:a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a . justshare of any insurance moneys received by CONTRACTORon account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use . in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attomeys' fees and court and arbitration , costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Woi1< of any invention, design, process,. product or device . not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. . Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution oftheWor!<:. All permit costs shall be included in the base bid. Permits, if any, that are provided and . paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting GC-18 Page 18 of 52 I I r I I I I I I I I I I I I I I I I Revision Date August 2001 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. . . . Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. . 6,14.2. If CONTRACTOR observes that any of the Contract Documents are cbntradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary ch;:mges shall . then be adjusted byan appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. . Taxes: . 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment ~nd the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTORshall not unreasonably encumber the premises with construction equipment or other materials or equipment Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility f(jr any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, lOSses and expenses (including, but not limited to, fees of . PROFESSIONALs, architects, attorneys and other profesSionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debriS or contaminants resulting from the Work. At the .completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment aM 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. GC-19 . Page 19 of 52 aens.ion Da.te August 2001 [ I I ! I I I I I I I I I I I I I 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that ~II endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep atthe site and in good order one record copy of the Contract Documents and all Drawings and Specifications; These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted With the Application for Final Payment. Safety and Protection: . . . 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether cONtRAcTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:. . 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; . . 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and . . . 6.20.3. . other. property at the site. or adjacent .thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures; utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws' and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent-property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect' them, and shall cooperate with them in the protection, removal, relocation and replacement of their properly. All damage,. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may. be liable,. and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall . continue until such time as all the Work is eompleted and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, With paragraph 14.13 that the Work. is acceptable (except as otherwise expressly provided in connection with Substantial Completion). ... 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 Page 20 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 PROFE$SIONAL or OWNER, is oblig~ted to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(S) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because . of the action taken by CONTRACTORin response to such an emergency, a Change Order will be issued to document the consequences of such action. , . GC-21 Page 21 of 52 Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to . PROFESSIONAL for approval, in accordance witl'1 the accepted schedule of submittals, all. submittals and samples requiredby.the Contract Documents.'. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other infcirmation necessary to enable PROFESSIONAL to review the submittal as required. At the time of . each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or . sample may have from the requirements of the Contract Documents. . 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract' Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by . PROFESSIONAL and resubmit the required number of corTectedcopies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field co"struction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. . 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any,delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. . 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. . I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.24.3. . At the time of each submission, CONTRACTOR .shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract. Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information giVen in the Contract Documents and shall not extelidto means, methods, "techniques, sequences or procedures of construction (except where a specific means,. method, technique, sequence or procedure, of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. . PROFESSiONAL's approval of submittals or sal11ples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, . in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the . OWNER has given written approval to the specific deviation; any suCh approvalby PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and. responsibility of CONTRACTOR Cleaning Up: . 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or Contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, . construction equipment and machinery, and surPlus materials and will leave the Site clean and ready for . occupancy by OWNER All disposal shall be in accordance With appiicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR CONTRACTOR will restore to original condition those pOrtions of the site not designated for alteration by the Contract Documents. Indemnif'lCation: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, . losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONAls, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense {a)is attributable to bodily GC-22 Page 22 of 52 I I I I I I I I I I. I I I I I I I I I Revision Date Auqust 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent actor omission of CON TRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not. it is Caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. . 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any ofthem may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such S4bcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph.6.32 shall not extend to the liability of . PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, draWings, opinions, reports, surveys, Change Orders, designs or specifications. GC-23 Page 23 of 52 I I I I I I I I I I I. I I I I I" I I I Rev!.si.on Date .August 2001 ARTICLE 7-..0THER WORK Related Work at Site: . 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces; have other work performed by aided OWNERs or let other direct contracts therefor which .shall contain General . Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract . Documents, written notice thereof will be given to CONTRACTOR priorto starting any such other work, and, if CONTRACTOR believes that such performance Will involve additional expense to CONTRACTOR.or requires . additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 1,2. . 7.1 ~2. CONTMCTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's empl.oyees, proper and'safe access to the site and a reasonable opportu!1ity for the introduction and st9rage of materials and equipment and. the execution of such work, and shall properly Connect and coordinate the Work.with theirS. . . . CONTRACTOR shall do all cutting, fitting and patching of the Work that maybe required to make its several parts come together properly and integrate with such otherwork. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and wiu only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affeCted. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other . contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of . any such other contractor or utilitY OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work. that render it unavailable or. unsuitable for such proper execution and results. CONTRACTOR'sf8i1ure 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 oil the Proj~ct at the site, the person or organization who Will have authority and responsibility for coordination of the. activities among the various prime contractors Will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GG-24 Page 24 of 52 I I I I I I I I I I I. I I. I I I I I I Revi."sion Date August 2001 ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the formei' PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 1~1a .. 8.4. OWNER's duties in respect of providing lands and easements and .providing Engineering surveys to establish reference points are set. forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in eXisting structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. . 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 9--PROFESSIONAL'S STATUS DORING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities. and the limitations of authority of PROFESSIONAL as OWNER's representative. during construction are setfortil in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Project Representation: 9.3. . .lfOWNER and PROFESSIONAL agree, PROFESSIONAl will fumish a Resident Project Representative. to assist PROFESSIONAL in observing the perfon:nance. of the Work. The. duties, responsibilities and limitations of authority of any such Resident Project Represeritative and assistants will be - as provided in the Supplementary Conditions. If OWNER designates. another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarificatio!,s and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the fonn of Drawirjgs or otherwise) as may be detennined necessary, or as reason~bly requested byCONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. . . Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may. be accomplished by a Field Order and will be bindirigon OWNER and also on CONTRACTOR who shall perfonn the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the . Contract Tim.e and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 I I I I I I I I I I I I I ! I I I I I Revisi.on Date August 2001 \. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for- Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. . . . 9.8. In connection with' PROFESSIONAL's responsibilities as to Change Orders, see ArtiCles 10, 11 and 12. . 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. .. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work . performed. by CONTRACTOR. PROFESSIONAL will review. with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial. interpreter of the requirements of the contracfOocuments and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the ContractDocuments pertaining to the performance and fumishing of the Work arid claims under Articles 11 and 12 in respect of changes to the Contract Price or ContraCt Time will be referred initially to PROFESSIONAL in writing With. a request for a . formal. decision in accordance with this paragraph; which PROFESSlqNAL will. render in writing within a reasonable time. Written notice of each such claim, dispute and otherlTlatter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) arid written supporting data. will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unlessPROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interPretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONALpui'suant to paragraphs 9.10 and 9.1twith respect to any such claim; dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14: 16) will be a condition GC-27 Page 27 of 52 I I I I I I I I I I I I I I I I I. I, I Revision Date August 2001 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. . . Limitations on PROFESSIONAL S Responsibilities: .9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents "nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees, 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, 9r procedures or the safety precautions and programs used: PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsibie for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-28 Page 28 of 52 I I I I I I Revision Date August 2001 ARTICLE 10-CHANGES IN THE WORK . 10: 1. WithOut invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions iil the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for th~ changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the del~ticjn of Work, the OWNER may order the partialsuspension of any Work related to the proposed. deletion, in which case CONTRACTOR mus~ cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. . . . 10.2: Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall Prevail irrespective. of any con~icting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed,.Work performed il1 an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change DireCtive to CONTRACTOR.' Pric.ing of the Work Change Directive will be in accordance with Section 11 ;3.. The Work Change Directive Vlillspecify a price, and if applicable a time extension, determined. to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONT.RACTOR may submit a claim in accordance with Articles 11 and 12; but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work. Chan~e Directive. . 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. . 10.6. If notice of any change affecting the general ~cope of the Work or the provisions of the Gontract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any . Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. . GC-29 Page 29 of 52 [ I I I , I Revision Date August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the totai compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations ass!gned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. . . [ [. I 11.2. The Contract Price may only be changed bya 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 t6 the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim. and stating the general nature of the claim. Notice of the amount of,the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be acCompanied by.claimant's written statement that the amount claimed coverS all known amounts . (direct, indirect and consequentiaQ to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value. of any Work covered by a Change Order or of any claim for an adjustment in the . Contract Price will be determined by the following procedures: 11.3.1. Designated Unit. Price (Field Measure). CONTRACTOR and OWNER recOgnize and acknowledge that the quantities shoWn for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to. CONTRACTOR forthe utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. .. I. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work,as defined in.these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the.. . amount 6f increase or decrease in the lump sum price shall be established by mutual agreement of the parties. .. . 11.3.5. If the pricing methods specified in 11.3 are inapplicable; or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable pnce, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of 52 I I I I I [ I Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. . Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessariiy incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall . include only the followit:lg items and shall not include any of the costs itemized in paragraph 11.5: . 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job c;lassificationsagreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll Costs shall include, but not be limited to, salaries and wages plus the. cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. .. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Woi'k, including costs of transportation and storage thereof, and Suppliers' field services requir~d in connection therewith. All cash . discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade disCounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to . OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work.Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall besubjectto the other provisions of the Contract Documents insofar as applicable. . .11.4.4. Costs of special consultants (including but not limited to engineers; architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel andsubsistenee expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 Page 31 of 52 L I I I I I I I I I I I I I I I I I I Revision Date August 2001 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office arid temporary facilities af the site and hand tools not owned by the workers, which are consumed in the performance of the. Work, and cost less market valu~ of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipmentandmachinery and the parts thereof whether rented from CONTRACTOR or others in accOrdance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terrils 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. 1 ~ .4.5.4. Saies, consumer, use or similar taxes related to the Work, and.forwhich CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any SubcOntractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and feeS for permits and licenses: . 11.4.5.6~ Losses and damages (and related expenses); not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses alld damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirec~ly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shalf be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such .Ioss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by . OWNER in accordance with paragraph 5.6. . 11.5. The term Cost of the Work shall not include'any of the following: . 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorshipS), .general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-a1l of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5~2. Expenses of CONTRACTOR's principal area branchoffiees other than CONTRACTOR's GC-32 Page 32 of 52 Revision Date Anqus~ 2.001 office: at the site. CONTRACTOR's FEte: 11.6. CONTRACTOR's .Fee allowed to CONTRACTOR for overhead and profit shall be determined as fo/Jows: 11.6.1. a mutually acceptable fIXed fee, or if none can be agreed upon; 11.6~2.. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11 A 1 and 11.4.2, CONTRACTOR's Fee shall be , fifteen percent, . 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and . 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. . . ) 11.7. . For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 52 Revisi.on Date August 2001 d~crease in cost will be the amount of the actual net decrease in direct cost as determined by the Project . Manager, plus the applicable reduction in overhead and profit When both additions and credits are involved in any change, the combined overhead and profitshall be calculated on the basis of the net change, whether . an increase or decrease. In any event, the minimum detail shall be ail itemization of all man-hours required by discipline/trade with the unit cost per man-'-hour and total labor price, labor burden, equipment hours and rate / for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, . plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall Cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that . 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recomniended. by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. . Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the estaplished unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. will be made by PROFESSIONAL in accordance with Paragraph 9~ 1 O. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. . 11.9.3. Where the quantity of any item of Unit Price.Work performed by CONT~CTOR differs materially and significantly from the estimated quantity of sucti item indicated i1ithe Agreement and there is no corresponding adjustment with respect to any other item of Work and .if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price iri accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. . GC-34 Page 34 of 52 Revision Date August 2001 ARTICLE 12-CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Chang~ Order., Any request for an extension in the C.ontract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after sl!ch occurrenCe unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustm~nts to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or . completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes,: fire, unavoidable casualties, utility conflicts which Could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR'scontrol or.faul~ then the Contract Time shall be extended by Change Order for siJch. reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number,ofdaysof delay . which.OWNER may determine to be due solely to such causes and only to the extent such occurrences. actually delay the completion of the Work and then only if CONTRACTOR shall have strictly"complied with all the r~quiremfilnts ofthe Contract Documents. . Provided, however, notwithstanding anything in the Contract Documents to the cOntrary, no interruption, interference, inefficiency, suspension or delay in th~ performance, progress, commencement or cOmpletion of the Work for any cause whatsoever, including. those for whi,?h . ()WNER or PROFESSIONAL may be responsible in whole or in par~ shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's. 'sole and exclusive remedy. against OWNER for interruption, interferenCe, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-35 Page 35 of 52 Rerlsi.ol1 Date AUgUst - 2001 ARTICLE 13-WARRANTY AND GUARANTEE; TES.TS. AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: . . 13.5. All inspections; tests or approvals either than those required by Laws or Regulations of any . public. body having jurisdiction shall be' performed by organizations acceptable to OWNER and . CONTRACTOR (or by PROFESSIONAL if so specified). . - 13.6. If any Work (including the work of others) that is to be inspected, tested orapproved is covered without written concurrence of PROFESSIONAL, it must. if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shan be a~ CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptnesS in response to such. notice. . GC-36 Page 36 of 52 . Revision Date August 2001 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements 6f the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL,or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, b~ uncovered forobservation, inspection, testing or approval and replaced at CONTRACTOR's expense. . 13.9~ If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested. by others, CONTRACTOR, at PROF.ESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspectio[). or testing as PROFESSIONAL may require, that portion.of the Work in question, furnishing all necessary labor, material and equipment If it is found that such Work is defective, CONTRACTOR shall bear a,1 direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a clairn therefor as provided in Article 11. If, however, such Work is riot found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, . testing and reconstruction,. and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR rails to supply sufficient skilled workmen or . suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violateS any, provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall.notgive rise to any duty on the part of.OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph, . Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER . arid as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written. notice from PROFESSIONAL, OWNER may have the deficiency corrected. AU direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 Revision Date. August 2001 One Year Carrectian Periad: 13.12. If, after approval of final payment and prior t.o the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or .otherwise not in accordance with the Contract Documents, CONTRACTOR shall . promptly, without cost to OWNER and -in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. .If CONTRACTOR does not promptly Comply with the terms of such instructions, OWNER may have the defective Work cOrrected, removed, or replaced; AIl direct, indirect and consequential costs of such removal and replacement (includJng but not limited to fees and charges of engineers, architects, attorneys and other pr<?fessianals) will be paid by CONTRACTOR. . Acceptance .of Defective Wark: ( - . . 13.13. . If, instead of requiring correction or removal and replacement of defective Work;. OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequ~htial costs attributable to OWNER's evaluation .of and determination to accept such defective Wark (such costs ta be approved by PRQFESSIONAL as to reasonableness and to include but not be limited to fees and ct:largesof engineers; architects, attorneys and other professionals), If any such acceptance. occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect ta the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to c:igree as to the am.ount thereof, OWNER may make a claim . therefar as pravided in Article..11, If the acceptance occurs after such recommendation, an apprapriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Wark: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and 'replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails.to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision .oftha Contract Documents, OWNER may, after seven days' writteri n.otice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragrapl\ OWNER shall proceed expeditiously, to the extent nec;:essary to complete cOrrective and remedial actian. OWNER may exclude CONTRACTOR from all or part Qf tb~ ~jte,Ja_~~ Ro~essi()n()f.all or ~art of the Work, and suspend CONTRACTOR's services related thereto, . take possession of CONTRACTOR's tooiS~appjjances,-constniCtion-equipmentariamact1irteryatthe- site and - incorporate in the Work all materials and equipment stored at the site .or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representativeS, agents and employees sUch access to the site as. may be necessary t.o enable OWNER to exercise the rights and remedies under this paragraph,. All direct, indirect and consequential CostS of OWNER . in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAl,. and a Change Order will be issued incorporating. the necessary reyisi.ons 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, attorneys and other professionals, all court costs GG-38 Page 38 of 52 Revisi.oI1 Date August 2001 and ali costs of repair and. replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Worlc CONTRACTOR shall not be allowed an eXtension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including. but not limited to, employing additional workmen and/or equipment. and working extended hours and additional days, all at no cost to OWNER in order to put . the Work back on schedule. .If CONTRACTOR fails to correct the deficiency qr take appropriate corrective . . action, OWNER may terminate the contractor CONTRACTOR's nghtto proceed with that portion ofWbrk and. have the Work done by others:. The cost of completion under such procedure shall be charged against. CONTRACTOR A Change Order shall b~ issued incorporating the necessary revisions in the Contract . Documents, including an appropriate reduction in the Contract Price. Itthe payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shcili pay the differenCe to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-39 Page 39 of 52 Revision Date August 2001 ARTICLE 14-PAYMENTSTO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment:. 14.2. At least twenty (20) calendardays before the date established for each progress payment (but not more often than once a month); CONTRACTOR shall submit to PROFESSIONAL forreviewan application for Payment filled out and signed by CONTRACTOR covering the work completed as of the dateof 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 ?t another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of. sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER The amountof retainage with respect to progress payments will be .. as stipulated in the Agreement. CONTRACTOR'$. Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no . later than the time of payment free and clear of all Liens. . Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writin.g a recommendation of payment and present the application to OWNER, or retum the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the appl!cation for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. . 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL. to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment ~nd the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief,.the quality of the Work. is. in accordance with the Contract DocUments subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 52 Revision Date August 2001 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. . 14.7,3. OWNER has been required to cOrrect defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4; of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. . OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or . Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. . Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL iri writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion~ Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAl shall make an inspection of the Work to determine the status of completion. If. PROFESSIONAl does not consider the Work substantially complete, PROFESSIONAL willno!ify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAl will. prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list ~f items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection. to. PROFESSIONAL as to any GC-41 Page 41 of 52 Revision Date A11qust 2001 p.rovisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reas()ns therefor. If, after consideration of OWNER's, objecti()ns, PROFESSIONAL c0nsiders the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed. or correCted) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written reCommendation as to divisionofrespon.sibilities pending final payment between OWNER and CONTRACTOR with. respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and, so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial. Completion,. PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shaU allow CONTRACTOR reasonable access to complete or correct items on the tentative list. - Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (Q has specifically been identified in the. Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpo$e without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished. prior to Substantial Completion of all the Work subject to the . following: 14.10.1. OWNER at any time may request CONTRACTOR in Writing .to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion fOr that part of the Work. Within a' reasonable time after either such request, OWNE~. CONTRACTOR and PROFESSIONAL shall make ail inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14,8 and 14.9 will apply with respect to .certification of Substantial Completion of that part of the Work and the division of responsibility in. respect thereof and. access thereto.. . .. 14.10.2. OWNER may at any time request CONTRACTOR. in writing, to permit OwNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a Iistof the items remaining to be completed or corrected thereon befOre final payment If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 . Page 42 of 52 Revisi.on Date August 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such iist to OWNER and CO.NTRACTOR together with a written recommendation as to the. division of responsibilities pending final payment between OWNER arid CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragrap~ 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in Which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as. are neCessary to. remedy such defi- ciencies. Final Application for Payment: . 14.12. After CONTRACTOR has completed all such corrections to the satisfactibn of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may . make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as ,previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limite;d to the evidence of insurance required, (iQ consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of. . all liens arising out of or filed in connection with the Worlc In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which . a lien could be filed, and (iI) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails. to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other COllateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No appUcation for final payment will be accepted by OWNER until approved as-built. documents by CONTRACTOR are accepted and approved by PROFESSIONAL. GC43 Page 43 Of 52 Revis.1on Date August 2001 . 14.12.2. Notwithstanding any other provision of these Contract documents .to the contrary, OWNER and. PROFESSIONAL are under no duty or obligation whatSoever to any. vendor,. materials provider, Subcontractor, laborer or other partY to ensure that payments due and owing by CONTRACTOR to any of them are or will be made~ Such parties shall rely only on. CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all Claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any dam~ges sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. . Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and . PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,. PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present .the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is. acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONA~ will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and. notice of aCceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. . 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and' if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than th~ retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted ,shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms. and Conditions governing final payment, except that it shall not constitute a waiver of claims~ CONTRACTOR's Continuing Obligation: . 14.15. CONTRACTOR's obligation to perform and complete the Work inaccorclance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice ofaeceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work: by OWNER will constitute an GC-44 Page 44 of 52 ~ Revision Date .August '2001 [. acceptance of Work. not in accordance. with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as proVided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: . 14.16.1. A waiver of all cla!ms by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the. Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations Linder the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. . GC-45 Page 45 of 52 Revi.sion Date August" 2001 I ! " ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the. Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: . . 15.2. 1. if CONTRACTOR commenGesa 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 otherf~eral or state law in effect at such time relating to the bankruptcy or insolvency; . 15.Z.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now . or hereafter -in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect atthe time relating to bankruptcy or insolvency; . . . . 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien again~t such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; . 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, faHure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15:2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, . . OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude. GC-46 I , I I I I. Revision Date August 2001 CONTRACTOR from the site .and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and ~se the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespa~ or conversion), incorporate in t~e 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 hi such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONAls, architects, attomeys 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 btfapproved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraPh, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In ,the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations.. . Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and aCceptable Work executed in accordance with the Contract Documents . prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Wo~; . 15.4.2. For expenses sustained prior to the effective date of termination in performing services and. furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For aU claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and . 15.4.4. For reasonable expenses directly attributable to tenriination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. . 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR thenexistin9 or which may thereafter accrue. Any retention or. payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 52 Revision Date August 2001 . ninety calendar days by OWNER or under an order of Court ot other public authority, or PROFESSIONAL fails . to act on any AppliCation for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and prOvided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and reCOver from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to. pay CONTRACTOR any sum finallydetermined.to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR frommakingclaiiTl under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph.. The provisic;msof .this paragraph shall not relieve. CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . GC-48 Page 48 of 52 Revision Date August 2001 ARTICLE 16:"'DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law orfact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed: Any claim not . presented within the time limit specified in this paragraph shall b~ deemed to have been wajved, except that if . the claim is of a c:ontinuing character and noti~ of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to ~e receipt by OWNER of notice thereof: Each decision by OWNER will be in writing and Will be mailed t<? CONTRACTOR by registered or certified. mail, retum receipt requested, directed to his last kriown address. 16.2 All claims, disputes and other matters in question between OWNER arid CONTRACTOR arising out of; or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. , GC-49 Page 49 of 52 j Revision Date August 2001 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Wheneverany provision of the Contract Documents requires the giving of written notice, itWiIl be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation. for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last. day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. . 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall. constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of . any error, omission or act of the other party or of any of the other party's employees or agents or otherS for whose acts the other party is legally liable, claim should be made in writing to the other party within a r:easonable 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 ora waiver of the proviSions of any applicable statute of limitations or 'repose. . 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies . available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees . . and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies availaple to OWNER and PROFESSIONAL thereunder, are in addition to, and are . not to be construed in any way as a limitation of; any rights and. remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the. Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement . . 17.5. CONTRACTOR shall keep adequate records and supporting documentation appli~ble to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided,however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and su~porting documentatio.n. GC-50 Page 50 of 52 Revi.sion Date August 2001 17.6. The Contract. Documents are intended by the Parties to, and do, supersede any and all provisions ofthe Georgia Prompt Pay Act, O. C.G.A. Section 13-11.,.1, et seq. In the event any provision of the Contract Documents are inconSistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall cOntrol. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. . Sanitary Sewer Overflow Prevention: 17.9. Procedures to Pr~vent Overflows During Sanitary Sewer Construction: 17.9~ 1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This . plan will include a list of key personnel with 24-hour contact information whowill respond during an emergency situation. The ERP will include estimates of mobilization time .for a response crew to arrive onsite. Any changes to the EmergencY Response. Plan will be submitted to the RESIDENT PROJECT . .REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities. Department for reView prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping systemC,Ould result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously bya person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following . actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). . 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. . . . 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection -Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 Revision Date August 2001 appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is Augusta Utilities Department, 360 Bay Street, Suite 180 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and I or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR( s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-52 Page 52 of 52 · Commercial General Liability (per occurrence) Each Occurrence · General Aggregate . · Products · Personal << Adv Injury · Fire Damage · Automobile Liability (any auto) Combined Single Limit · Excess Liability (Umbrella) Each Occurrence · Workers Compensation · Employer Liability $1,000,000 $ 2,000,000 $ 2,000,000 $1,000,000 $. 500,000 $1,000,000 . $5,000,000 Statutory Umits $1,000,000 SECTION SGC SUPPLEMENTAL GENERAL CONDffiONS CONTRACTQR~SLiabllity Insurance Insurance shall be written with limits of liability shown ~low or as required by law, whichever is greater: SECTION SC-Ol SC-02 SC-03 SC-04 SC-05 SC-06 SC-07 SC-08 SC-09 SC-10 SC-11 SC-12 SC-13 SC-14 SC-15 SC-16 SC-17 SC-18' SC-19 SC-20 SC-21 SC-22 SC-23 SECTION SC-O INDEX TO SPECIAL CONDITIONS Special Condition #1 - Contract Documents and Drawings Special Condition #2 - Contractor's Field Office Special Condition #3 - Temporary Sanitary Facilities Special Condition #4 - Boundaries of Work Special Condition #5 - Existing Structures and Utilities Special Condition #6 - Traffic Safety Special Condition #7 - Utilities Special Condition #8 - Estimate of Quantities Special Condition #9 - Surveys Special Condition #10 - Dimensions Special Condition #11 - Erosion and Sediment Control Special Condition #12 - Safety and Health Regulations Special Condition #613 - Site Contamination and Chemicals Special Condition #14 - Storage of Materials Special Condition #15 - Manufacturer's Directions Special Condition #16 - Cleaning Up Special Condition #17 - Prior Use By Owner Special Condition #18 - Restoration of Property Special Condition #19 - Subsurface Investigation Special Condition #20 - Maintenance of Access Special Condition #21 - Contractor Field Mark-Up Special Condition #22 - General Requirements Special Condition #23 - Dedicated Flagman SC - 1 SC - 2 SC - 3 SC - 4 SC - 5 SC - 6 SC - 7 SC - 8 SC - 9 SUPPLEMENTARY CONDITIONS INDEX CONTRACT DOCUMENTS AND DRAWINGS CONTRACTOR'S FIELD OFFICE TEMPORARY SANITARY FACILITIES BOUNDARIES OF WORK EXISTING STRUCTURES AND UTILITIES TRAFFIC SAFETY UTILITIES ESTIMATE OF QUANTITIES SURVEYS SC - 10 DIMENSIONS SC - 11 EROSION AND SEDIMENT CONTROL SC - 12 SAFETY AND HEALTH REGULATIONS SC - 13 SITE CONTAMINATION AND CHEMICALS SC - 14 STORAGE OF MATERIAL SC - 15 MANUFACTURER'S DIRECTIONS SC - 16 CLEANING UP SC - 17 PRIOR USE BY OWNER SC - 18 RESTORATION OF PROPERTY SC - 19 SUBSURFACE INVESTIGATION SC - 20 MAINTENANCE OF ACCESS SC - 21 CONTRACTOR FIELD MARK-UP SC - 22 GENERAL REQUIREMENTS SC - 23 DEDICATED FLAGMAN 0706-00. SC.doc SC-l SECTION SC SUPPLEMENTARY CONDITIONS 'ZEL. ENGINEERS , 'ZEL, ENGINEERS S.ECTIO.N SC SUPPLEMENTARY CONDITIONS SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Supplementary Conditions, Technical Specifications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Supplementary Conditions and Technical Specifications indexed at ,the front of this bound volume of Contract Documents. Drawings: The Engineer will furnish to the Contractor, free of charge, one set of the drawings and specifications reasonably necessary for the execution of the work and any additional sets may be purchased from the designated party. Locations of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated February 2007 comprise the plans for this contract. DRAWING NO. TITLE 6 7 8 LOCATION MAP AND DRAWING LIST GENERAL NOTES - PROJECT SANITARY SEWER BID SCHEDULE PLAN AND PROFILE STA 0+00 TO STA 30+00 PLAN AND PROFILE STA 30+00 TO STA 61+00 PLAN AND PROFILE STA 61+00 TO STA 91+52.45 SOIL EROSION AND SEDIMENT CONTROL EROSION AND SEDIMENT CONTROL DETAILS FOR UTILITY LINE CONSTRUCTION EROSION AND SEDIMENT CONTROL NOTES AND DETAILS MISCELLANEOUS DETAILS COVER SHEET G 1 2 3 4 5 SC - 2 CONTRACTOR'S FIELD OFFICE: The Contractor shall maintain a field office on the site of the work which contains a telephone, the contract documents, and the contractor's records. SC - 3 TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. 0706-00 SC.doc SC-2 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS SC - 4 BOUNDARIES OF WORK: The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside tl,1e limits of Owner's property or construction easements without written consent of the Owner of such property. SC - 5 EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any wor~ in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings . All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual fie~d determinations. The Owner's project inspector must be notified before any work begins in vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. SC - 6 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all times and no _ excavated material or equipment will be placed on pavement during construction. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available through a rental meter from hydrants. The Contractor shall make provisions for telephone service with the pho!le company. Electric power for construction operations shall be provided by the Contractor by arrangement with the appropriate power company. The Contractor shall make suitable ar~angements to provide fuel for temporary heating and/or other construction operations as necessary. SC - 8 ESTIMATE OF QUANTITIES: 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 to indicate approximately the scope of the Contract; variation of the quantities reasonably necessary to complete the work contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation give cause for claims or liability for damages. 0706-00 SC.doc SC-3 'ZEL, ENGINEERS SECT.ION SC SUPPLEMENTARY CONDITIONS SC - 9 SURVEYS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility thereof. SC - 11 EROSION AND SEDIMENT CONTROL: 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. Grassing of disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall procure a Land Disturbing Permit from: Augusta-Richmond Planning Commission, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting process, .the Contractor shall provide his construction schedule of land disturbing work and shall include a plan of the temPorary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problemS and who shall have full (24 hr) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. . The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. Sediment and erosion control materials shall be as specified in Section Tl, Site Work and Section T7 Grassing. An erosion control and sediment containment (E&S) allowance limit is included as a supplementary bid price. Where installed quantities of acceptable E&S measures result in an overrun of the E&S allowance limit an upward adjustment of the contract will be made on the basis of the total amount resulting from installed quantities and unit prices of E&S bid items. Because this contract 0706-00 SC.doc SC-4 'ZEL, ENGINEERS SECTioN SC SUPPLEMENTARY CONDITIONS considers the E&Swork to be a subsidiary obligation of the base .bid items, no downward adjustment of the base bid will be made where more efficient E&S means result in adequate control of erosion control and containment of silt. SC - 12 SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or .the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. All .chemicals used during projE;!ct construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of' residues shall be in st;rict conformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shallbe\so located as to facilitate prompt inspection. SC - 15 MANUFACTURER'S DIRECTIONS: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, c~eaned and conditioned as directed by the manufacturer unless herein specified to the contrary. SC - 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work; prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. 0706-00 SC.doc SC-5 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS SC - 17 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 portions of the project. Such use of 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. SC - 18 RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or ethployees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, dri veways, walks, fences, or other facili ties in such a manner as to meet the approval of the Engineer. Nq structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately upon substantial completion oI the proposed work in the various areas of the construction site. SC - 19 SUB~SURFACE INVESTIGATION: Soil Investigation Reports are not available for this project;. SC - 20 MAINTENANCE OF ACCESS: The Contractor. will be .r:equi.r:ed to maintain vehicular and pedestrian access to all businesses and institutions during the time they are open and to all residential and other occupied buildings and facilities at all times. Whenever direct entrance is blocked from one direction, suitable access shall be provided from another location. Bridges. with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and block cross traffic while equipment is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. SC - 21 CONTRACTOR FIELD MARK-UP: Contractor shall keep i'i field record of all asbuilt field conditions on a contract set of drawings during all phases of construction. All deviances from contract drawings shall be indicated in red. All repairs, sample tap locations, service line tap locations, etc. shall be clearly indicated in red on the Contract Drawings. Contractor shall provide set of drawings to Engineer upon completion of project. SC - 22 GENERAL REQUIREMENTS: All construction of sanitary sewer lines shall be in accordance to Augusta Utilities Department's Standards and Specifications. Disturbance to any Survey Markers or Monuments requires re-establishment by a licensed surveyor at the Contractor's expense. 0706-00 SC.doc SC-6 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS Augusta Utilities Engineering Department shall be any construction, tie-ins, or testing of water (706~722-55 03) If no answer, leave message. notified 24 hours prior to or sanitary sewer lines. Contractor shall contact the Utilities Protection Inc. ~Call Before You Dig" se.rvice in order to locate utilities prior to starting any excavation or construction. No connection to existing sanitary sewer lines until the proposed sewer line is inspected and approved by the Augusta Utilities Engineeri~g Department. SC - 23 DEDICATED FLAGMEN Contractor shall provide dedicated flagmen for all road and driveway crossings. Flagmen shall be certified. All signage and equipment will be provided in accordance with,GA DOT rules and regulations; 0706-00 SC.doc SC-7 SECTION-Tl SITE WORK SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in: performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. GENERAL: Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be safeguarded and protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits have otherwise obtained. See Special Conditions, for field layout, staking, and grade setting requirements. CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for removal together with the 'down timber, snags, brush and rubbish occurring wi thin the proj ect limits. \ Trees and other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below th~ original ground surface. Trees and stumps in areas to be covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live branches to such heights and in such manner 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 more than 1-1/2 inches in diameter thus made shall be painted with an approved treewound paint. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other debris not suitable for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish grade in areas to be grassed. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. Grubbing will not be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the. construction sites, or from the rights-of-way, shall remain the property of the landowner. The Contractor shall trim and cut such timber and stack it neatly within the easement or right-of-way, as directed by the Engineer. 0706-00 TOl Site Work. doc Tl-l 'ZEL, ENGINEERS 0706-00 T01 Site Work.doc Tl-2 'ZEL, ENGINEERS SECTION Tl SITE WORK Burninq or Removal From Site: All Timber, except such timber which the Engineer considers merchantable, all logs,. stumps, roots, brush, rotten wood and other retus~ from the clearing and grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will state the conditions covering the disposal of such logs and stumps without burning, including the areas. in which they may be placed. Timber and other refuse to be disposed of by burning shall be burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as damage to existing structures, construction in progress,. trees and vegetation. The Contractor will be responsible for compliance with all Federal and State Laws and regulations relative to the buildi!!g of fires. . Disposal ~_l?urn:hJ;19 shall be kept under const_~nt n_______ attendance until the fires have burned out or have been extinguished. GRADING: General: Site grading shall consist of excavating and placing all necessary materials outside the limits of the various structures. Site grading shall be completed when all surfaces are aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all excavation, filling and compacting required for construction of all ditches, roads, and all other areas disturbed by construction except as otherwise specified. Site grading also shall include excavation and backfill for walks and steps. Borrow Material shall be selected (to meet the requirements and conditions of the particular installation for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Crushed Stone Surface Material shall be a dense graded No. 68 crushed stone conforming to Georgia D.O.T. Specifications and with not less thap 60% passing a 3/8" sieve, 25% passing a No. 4 sieve, and 10% passing a No. 8 sieve. Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in general~ on elevated areas, it shall be composed of natural mixture.s of clay and soil binder with sand. Topsoil shall contain not more than 25 percent of clay and shall.be free of stones larger than 2 inches in diameter, roots , excessive vegetation, rubbish or other deleterious matter. Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or paving, and if it cannot immediately be placed in its final location, it shall be stored for later use. Stockpiled topsoil shall be placed to afford good dra-ina.ge. Topsoil work -shall 'not be -pe-rformed when the soil is so wet that the tilth of the soil will be destroyed. Embankment: This item consists of placing in fills and embankments. for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified herein and in accordance with the appropriate lines, grades, sections, contours and dimensions. 0706-00 TOl Site Work. doc Tl-3 ~ZEL, ENGINEERS SECTION Tl SITE WORK Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed promptly. Excavated materials shall not be s.tockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the excavation. Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by . the Engineer. Any wetting, hauling, s cari fying, mixing, shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no additional expense to the Owner. Site Gradinq: Except as otherwise specified herein, all disturbed areas on the site shall be finished o.ff to a uniformly smooth surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than 0.5 foot above or below the established grade. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at the surface. After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient width for the accurate placement and adequate support of. the forms shall be allowed. After the forms are removed, the backfill shall be replaced and recompacted around structures, walks and steps.. Care shall be taken to avoid damage to the walks and steps by the tampers. Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil. Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site grading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation shall be backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, borrow, or stories or cobbles. The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or below the appropriate elevations. Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or.other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of 0706-00 TOl Site Work. doc TI-4 'ZEL. ENGINEERS SECTION Tl SITE WORK earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread unifonnly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM 0698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final compaction may be by an approvec;l power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to be performed during the progress of the work, or at the corople.tion of any individual unit of the work, or at the time of final inspection of the entire. project. Random spot checks of elevation and slopes shall be conducted by ordinary differential level and profile methods. Random spot checks of topsoil thickness shall be conducted by cutting through the surface with a spade or mattock, and measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or subgrade may be measured according to the procedures of ASTM 0698. GRASSING: Areas of road shoulders and operations shall be grassed in specifications. Areas to be shall utilize topsoil, lime, mulch sufficient to produce erosion. other property disturbed by construction accordance with the GRASSING section of the grassed shall be planted, maintained, and fertilizer, proper and approved grass and a cover suitable to eliminate significant MAINTENANCE: Inspection of site work as it is completed, shall not constitute final acceptance of the item. The Contractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. PAYMENT: No separate payment will be made for the work covered by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the Bid. 0706-00 T02 Excavation, Filling and Backfilling.doc T2-1 'ZEL, ENGINEERS , SECTION T2 EXCAVATION, FILLING AND BACKFILLING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. CLASSIFICATION OF EXCAVATION: Common Excavation shall comprise the satisfactory removal and disposition of all materials not classified as rock excavation and shall include all earth, clay, silt; sand, gravel, hardpan, loose shale and loose stone masses which can be removed without systematic drilling and blasting, and boulders measuring less than one-third cubic yard in volume. Rock Excavation shall comprise and include the satisfactory removal and disposition of the following: (1) All boulders measuring one-third cubic yard or more in volume;. (2) all rock material in ledges, bedded deposits and unstratified masses, which cannot be removed without systematic drilling and blasting; (3) concrete or masonry structures; and (4) conglomerate deposits which are so firmly cemented that they possess the characteristics of solid rock and which cannot be removed without systematic drilling and blasting. EXCAVATION: General: The excavation shall conform to dimensions and elevations appropriate for the pipe line or structure. Excavation shall not be carried below the elevation necessary for construction. Excavation for Walls and Footinqs shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be depos~ted directly against excavated surfaces. Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more .than 16 inches wider than the outside diameter of the pipe to be laid therein, so that. a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trench above the pipe may be as wide as necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA. The bottoms of trenches for water lines and force mains shall be rounded so that the lower 90 degree quadrant of the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable compacted fill material. Bell holes and excavation for joints shall be dug by hand after the trench bottom has been shaped. These holes shall be so spaced and sized as to permit first class workmanship on the joint and to insure that the maximum length of pipe possible will rest on the prepared bottom of the trench. Except as otherwise specified trenches for gravity sewers shall be excavated below the pipe invert to provide space for the pipe bedding. Where good soil or rock is encountered in the trench bottom, the excavation shall be carried below toe bottom of the pipe a distance- as shown on the bedding detail drawing. 0706-00 T02 Excavation, Filling and Backfilling.doc T2-2 'ZEL, ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 4 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom 15. soil which is incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be refilled with selected refill material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall b~thoroughly tamped. The refill shall be brought to the proper elevation for the pipe, and in the case of gravity sewers, to the elevation that will provide space for the special bedding. Dewaterinq and Drainaqe of Excavated Areas: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or wellpointing from excavated areas shall be performe~ by the Contractor to provide ~ stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. All dewatering methods shall be subject to the approval of the Engineer as to capacity and effectiveness. 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, public or private property, the surface or use of streets by the public or work completed or in progress. Protection Aqainst Flotation: 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. Shorinq and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his 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. The Contractor alone is responsible for any damage or inj ury resulting from his failure either to provide' adequate protection from the excavation or to comply with OSHA requirements. Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or required for backfill or filling shall be wasted within the limits of the site as directed by the Engineer. Blastinq: 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. PIPE BEDDING FOR GRAVITY SEWERS: Vitrified clay pipe, ductile iron pipe and PVC pipe for gravity sewers shall be bedded in compacted bedding material placed in the trench bottom. The bedding material shall be well graded crushed stone or crushed gravel meeting the requirements of ASTM C-33, Gradation 67 (3/4 inches to No.4). The bedding 0706-00 T02 Excavation, Filling and Backfilling.doc T2-3 'ZEL, ENGINEERS. SECTION T2 EXCAVATION, FILLING AND BACKFILLING shall have a minimum thickness beneath the bottom of the pipe of 4 inches or one-eighth of the outside diameter of the pipe, whichever is greater, and shall extend up the sides of the pipe as shown on the bedding detail drawing. Holes must be dug in the bedding for each bell or coupling so that the load is supported entirely by the pipe barrel, not the pipe bell or coupling. After each pipe has been placed in final position, bedding material shall be placed and compacted under the pipe haunches and on each side of the pipe to prevent lateral displacement. "Shovel-slicing" of crushed stone bedding shall be done using a crow bar heavy enough to penetrate the bedding material. The pipe bedding shall be thoroughly compacted throughout its depth. FILL: Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be compacted at optimum moisture content in a manner approved by the Engineer. 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 the ASTM D 698. . BACKFILLING: Thp Rngineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have an optimum moisture content when compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM.D 698. ' FILL AND BACKFILL MATERIAL: Material for fill and backfilling shall consist of the excavated material, if suitable, or borrow approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. BORROW MATERIAL FOR TRENCH BACKFILL: Borrow material for trench backfill shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash, and any other deleterious material. SELECTED REFILL MATERIAL: When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 4 inches. Such material .shall be crushed stone or gravel of suitable gradation free from sod, sticks, roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use. PAVEMENT REMOVAL AND REPLACEMENT: The Contractor shall replace or repair all pavement which has been removed or damaged in his trenching operation with pavement of equal quality with 2-1/2" compacted asphaltic binder, plus 1-1/2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at least one foot outside Elongation (% Max.) (ASTM D-4632) 40 SECTION T2 EXCAVATION, FILLING AND BACKFILLING of excavation limits or damaged portions. The existing pavement shall be neatly cut vertically and ona uniform horizontal alignment. The type of paving used in patching shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as directed by the Engineer. Pavement subgrade and pavement under the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. eROSION AND SEDIMENT CONTROL: Temporary Silt Fencinq shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed against a stable, post supp~rted wire backing to intercept all runoff from the construction site. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which might significantly alter its physical properties after installation. The fabric shall contain stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal .handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pull~ng away from the fabric. During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall not be exposed to temperatures greater than 140 degrees F. The fabric shall meet the following physical requirements: Tensile Strength (Lbs. Min.) (ASTM 0-4632) Warp - 120 Fill - 100 AOS (Apparent Opening Size) (Max. Sieve Size) (ASTM 0-4751) Flow Rate (Gal/Min/Sq.Ft.) (GDT-87) #30 25 Ultraviolet Stability (2) (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) 80 Bursting Strength (PSI Min.) (ASTM D-3786 Diaphragm Bursting Strength Tester) 175 Minimum Fabric Width (Inches) 24 . 0706-00 T02 Excavation, Filling and Backfilling.doc T2-4 'ZEL, ENGINEERS 0706-00 T02 Excavation, Filling and Backfilling.doc T2-5 'ZEL. ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING Filter Fabric Backinq shall be woven wire and attached to the posts by wire, cord, staples, nails, or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier. The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4x4 WI.4xWI.4 or equal. Posts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used. Soft wood posts shall be at least 3 inches in diameter or nominal 2 "x4" and straight enough to provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet. Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 per post. Straw Bale additional installed. anchored to Ditch Checks: To control erosion in waterways and to provide restriction of silt migration, temporary ditch checks shall be Standard rectangular mechanically produced straw bales shall be 2x4x4'-O" posts set 2.5' below grade. Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion control features of the work site are complete and ample grass is established, the temporary fence~, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: The Contractor shall carefully restore all private property defaced by operations or acts of any 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 other private facilities in such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No structures or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Selected Refill Material: Refill material, installed at the direction of the Engineer, to replace unsuitable material below the pipe or to refill ,the authorized overdepth excavation of rock in trenches for sewer lines will be paid for on the basis of the applicable unit price in the Bid. No payment will be made for gravel or sand used by the Contractor in the trench bottom in lieu of dewatering by use of well points. Borrow Material for Trench Backfill: Borrow material used to backfill the trench above the pipe, where suitable material is not available from the excavation, will be paid for on the basis of the applicable unit price in the Bid. The quantity of borrow will be based on the computed volume in the trench within the maximum permissible trench width for distances as authorized by the Engineer. Rock Excavation: The quantity of rock excavation which will be paid for is the number of cubic yards of acceptably excavated material as hereinbefore specified and defined as rock excavation, measured in its original position and computed by allowing the width of rock excavation in trenches of I' -4" plus the outside diameter of the pipe, and 2 feet outside formed walls but not .SECTION T2 EXCAVATION, FILLING AND BACKFILLING , .in 'excess of the amount actually excavated. The measur~ment will include the authorized overdepth excavation. The payment for rock excavation shall include the cost of disposing of excess materials which cannot be used in the backfill. PAYMENT: ITEM M-7: Select refill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. No additional payment shall be made for these items. Except as .speci-ficallystated in the. items.which follow, no separate payment shall be made for common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts; erosion and sediment control; and other work covered by this section of the specifications. Such work shall be considered as a subsidiary obligation of the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. 0706-00 T02 Excavation, Filling and Backfilling.doc T2-6 'ZEL, ENGINEERS \ SECTION T3 CONCRETE SCOPE: The work covered by this specification consists of furnishing labor, equipment, appliances, and materials, and in performing all in connection with the installation of concrete work, complete, accordance with this specification and the applicable drawings, and the terms and conditions of the Contract. all plant, operations in strict subject to APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: American Society for Testinq Materials Desiqnation: c: 33 C 150 A 615 C 94 C 31 Concrete Aggregates Portland Cement Reinforcing Steel Ready-Mix Concrete Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI 318 ACI 31'5 Building Code Requirement for Reinforced Concrete Manual of Standard Practice for Detailing Reinforced Concrete Str~ctures CONCRETE: Materials: Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one brand of cement shall be used for exposed concrete in any individual structure. Fine Aqqreqate shall consist of natural sand, manufactured sand or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. Coarse Aqqreqate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates. Water shall be clean and free from oils, acids, salts, or other injurious substances. Admixtures shall be used to provide entrained air. Other admixtures shall be used only with written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. Curinq Materials shall be approved by the Engineer before use. Reinforcinq steel for concrete shall conform to ASTM A 615, Grade 40 or Grade' 60 except as otherwise noted on the drawings. Shop drawings are required. Storaqe of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as to be protected from rusting, oil, grease, and distortion. 'ZEL, ENGINEERS 0706-00 T03 Concrete. doc T3-1 SECTION T3 CONCRETE Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a power operated batch mixer. The contents of the ,mixer shall be completely discharged before each. new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will not be permitted. Concrete for pipe encasement and blocking may have a strength of 3,000 psi. Forms: Cradles, collars, encasement, blocking, manhole floors and other members shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions. Wood forms shall be made from lumber pf No. 2 Common Grade or better. They shall be properly braced and tied so as to maintain their position and shape, and shall be sufficiently tight to prevent leakage of grout. Cylinders: Two cylinders per 50 yards of concrete and not less than two -for each day's pour shall. be tested for 26~day strength. PAYMENT: Except as specifically stated in the following item, no separate payment will be made for work covered by this section of the specifications and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Concrete for Encasement and Reaction Blockinq~ Payment fQrconcrete .encasement and reaction blocking will be paid for as established in Section T-6: --..- .'ZE..L ENGINEERS , 0706-00 T03 Concrete.doc T3-2 'ZEL, ENGINEERS SECTION T5 UNDERGROUND CROSSINGS OF HIGHWAYS SCOPE: - The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials and in performing all operations in connection with the installation of dry bored and jacked underground crossings of highways for sewer lines, complete, .in strict accordance with the specifications and the applicable plans, and subject to the terms and conditions of the contract. GENERAL: Work on highway right-of-way Engineer . of the agency, or notified at least 15 days started. shall be under the supervision of the Chief his authorized representative who shall be before actual work on the installation is UNDERGROUND CROSSINGS: Sewers: Underground crossings for sewer lines shall consist of a carrier pipe installed in a casing pipe. The casing pipe shall be installed under the roadbed by dry boring and jacking. The carrier pipe shall be pushed through the casing pipe on skids fastened to the carrier pipe. CASING: Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000 psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the tabulated pipe data in lieu of any coating and wrapping requirement. CARRIER PIPE: Sewer: The carrier pipe for sewers shall be Restrained Ductile Iron pipe conforming to the requirements of the GRAVITY SEWER section of the Specifications. Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on skids securely fastened to the carrier pipe. The jacking operation shall utilize soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to the forces from the jacking device. Any damaged pipe shall be cut off and removed from the site. After the carrier pipe has been checked and tested, the casing pipe shall be filled with sand and the ends sealed with pull on rubber seal. ABORTED BORES: Unsuccessful bore and jack installations which must be abandoned because of failure to meet alignment and/or grade requirements, bore and jack attempts frustrated by obstructions, or otherwise unusable bore and jack installations shall be completely filled with concrete. The steel casing may be left in place or withdrawn simultaneously with the filling of the hole with concrete. Relocation for additional bore and jack attempts shall be made after consultation with the Engineer. SKIDS: Skids shall be Collins steel bore supports or comparable approved spiders appropriate for the installation. Spiders, nuts, and bolts shall be heavily coated with the manufacturer's Bituminous paint. 0706-00 T05 Underground Crossings of Highways.doc 'T5-2 'ZEL, ENGINEERS SECTION T5 UNDERGROUND CROSSINGS OF HIGHWAYS PAYMENT: ITEM S-17: Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. 0706-00 ros Underground Cro~3ings of HighwaY3~doc TS-2 SCOPE: SECTION T6 GRAVITY .SEWER The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances and materials, and performing all operations in connection with the construction of the sanitary sewers, including 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. APPLICABLE SPECIFICATIONS: The latest edition of the following specifications form a part of this section of the specifications: ASTM C 12 ASTM C 32 ASTM C 700 ASTM C 425 ASTM C 478 ASTM C 594 ASTM C 828 ASTM D 2321 ASTM D 3034 ASTM D 3212 ANSI C 151 GENERAL: Installing Vitrified Clay Pipe Lines Clay or Shale Manhole Brick . Extra Strength Clay Pipe Vitrified Clay Pipe Joints using Materials having Resili€nt Properties Precast Reinforced Concrete Manhole Risers and Tops Compression Couplings for Vitrified Clay Plain End Pipe Low-Pressure Air Test of Vitrified Clay Pipe Sewer Lines Underground Installation of Flexible Thermoplastic Sewer Pipe Type PSM PVC Sewer Pipe and Fittings Specification for Joints of Plastic Sewer Pipe Using Flexible Elastomeric Seals Ductile Iron Pipe Gravity sewers and appurtenant structures shall be constructed in conformance with the requirements of this section of the specifications except concrete work which shall conform to the requirements of the section entitled "CONCRETE". Excavation, trenching and backfilling for gravity sewers and appurtenant structures shall cohform to the requirements of the applicable sections of these specifications. The work included under this section will not be accepted until the sewers wi th all appurtenances have been .completed, tested, and approved. Any section of sewer which is found to be defective in material, alignment, grade, or joints shall be corrected to the satisfaction of the Engineer and/or Owner. MATERIALS: General: All materials furnished by- the Contractor shall be new and shall meet the requirements of the applicable' specifications given in trhis paragraph. Four sets of shop drawings consisting of manufacturer's literature shall be submitted for pipe joint materials, precast manholes, manhole steps and manhole frames and covers. I I I I I. Pipe: Except where specifically indicated otherwise on the plans, or in the specifications, all sewer pipe shall be ductile iron pipe, or Polyvinyl Chloride Pipe. Ductile iron pipe shall be classed as flexible pipe. 0706-00 T06 Gravity Sewer.doc 'ZEL, ENGINEERS T6-1 SECTION T6 GRAVITY SEWER Standard Polyvinyl Chloride (PVC) Pipe (up to 15" diameter): PVC pipe shall, conform to ASTM specification D-3034, SDR 35, PS 46 and shall be furnished in approximate 12' lengths. Compounds for PVC pipe shall be according to ASTM D-1784 with the filler content limited to 5% of the mixture. Polyvinyl Chloride (PVC) L-arqe Diameter Pipe (lW' - 30" diameter): Large diameter PVC sewer Pipe 18" and larger only shall conform to ASTM F679, SDR26, Tl thickness only. Ductile Iron Pipe: Shall conform to ANSI specification C151. Ductile Iron Pipe shall be as follows: Diameter 30 Pressure Class 250 Ductile Iron Pipe shall be American Dutile Iron Pipe with American Polybond Lining or U. S. Pipe Ductile Iron Pipe with Poly thane Lining or engineer approved equal products of other manufacturers. Joints and Jointinq Materials: Standard PVC pipe shall conform to ASTM D-3212 having push-on type, using flexible elastomeric seals. Push-on Joints for Ductile Iron Pipe shall have gaskets made of vulcanized natural or synthetic rubber compound conforming to ANSI A21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating effect on the gasket material. Dissimilar Pipe Joints shall utilize an appropriate standard adapter, or concrete collar as detailed on the plans. TESTING PVC PIPE: Laboratory Tests: PVC pipe shall be laboratory tested for dimensions, flattening, impact resistance, stiffness, joint tightness and extrusion quality in accordance with ASTM D-3034, D-2412, and D-3212 and/or F794. Each joint of pipe shall be stamped with the laboratory certification, pipe class, date of manufacture, .and the name or trademark of the manufacturer. Field Tests: The deflection limit of all installed PVC pipe shall be 5%. At least 30 days after installation and again 6 months after installation, a mandrel of 95% of the internal diameter of the pipe in accordance with ASTM D3034 and F794 shall be pulled by hand freely through each section of sewer pipe. Failure to pass the mandrel will be considered the limit of the pipe's serviceability and it shall be replaced. INSTALLATION: General: For any materials or methods of installation not specifically detailed in these specifications, the Contractor shall conform to the requirements of the latest revision of the appropriate following documents: ASTM C-12 if installing vitrified clay sewer pipe; ASTM D-2321 if installing PVC .sewer pipe. Pipe Layinq: See Specification Section T-2 for trench excavation, pipe bedding and backIilling requirements. 'ZEL, ENGINEERS 0106-00 T06 Gravity Sewer.doc T6-2 SECTION T6 GRAVITY SEWER 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 adj acent pipe and to preve.nt 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 reason other than at the direction of the Engineer, the Contractor shall install at his own expense such additions as are 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. All pipe shall be carefully examined before it is installed in the trench. All damaged, warped, cracked, blistered, or otherwise unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. Installation of ductile iron sewer pipe shall meet all applicable requirements of the manufacturer and this specification. Jointinq: All Pipe: The jointing procedure for any pipe having joints using materials having resilient properties as specified hereinbefore, shall be recommended by the manufacturer of the joint materials 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 excessive exposure of the gaskets to sunlight before installation. Push-on Joints shall be assembled by prepositioning a continuous, molded rubber ring gasket in an annular recess in the pipe socket, applying appropriate lubricating substances, and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to effect a positive seal under all combinations of the joints and gasket tolerances. CONCRETE COLLARS, CRADLES, SADDLES AND ENCASEMENT: General: Collars, cradles, saddles or encasement shall be constructed of 3000 psi concrete. In locations where ductile iron pipe joins nonmetal pipe, the connection shall be by a concrete collar as shown on the plans, or by appropriate adapter. 'ZEL, ENGINEERS 0706-00 T06 Gravity Sewer.doc T6-3 SECTION T6 GRAVITY SEWER MANHOLES: General: Manholes shall be constructed with cast iron frames and covers. The base and invert channels of the manhole shall be constructed of 4000 psi concrete. The invert channels shall be smooth and accurately shaped to the. semi -circular bottom conforming to the inside of the adj acent sewer sections. Where brick are used as a filler for the shaped channels, the minimum thickness of the finished layer of concrete shall be 4". 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. Precast Concrete Manholes: Precast manholes, consisting of precast risers and tops conforming to the requirements of ASTM C478-61T and having a minimum wall thickness of 5 inches, may be used in lieu of brick manholes. The precast top section shall be of the eccentric cone type and shall have a top outside diameter larger than that of the manhole ring. The lower end of the bottom section shall be set ina 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. Integral bases of equivalent strength may be used if the manhole base section is leveled by setting in a bed of mortar.. The joints in the riser pipe shall be sealed with a mastic gasket, similar and equal to K.T. Snyder "Ram-Nek". 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 damages 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 located only on the vertical inside face of eccentric cones and shall be aligned with the steps in the lower sections. Manhole steps shall be 1'-::,4" O. C., cast iron, Neenah R-1980-I for brick manholes, and R-1981-I for precast manholes. Manhole Frames and Covers: General: Manhole frames and covers in improved areas or streets shall be set flush with the finished. grade; the Contractor shall set and adjust manhole frames and covers as necessary to meet. this requirement. In unimproved areas or where no finished grade is established, the top of the frarne and cover shall be set one {l} .to .two (2) feet above theexist.ing ground, unless otherwise directed. The word "SEWER" shall be cast on the cover. Standard Frames and Covers: Cast iron for manhole frames and covers 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. Standard frames and covers shall have machined bearing surfaces and shall be Sumter Machinery Company No. MF-68L Frames and MC-68L Covers, and weighing approximately 390 pounds total, or shall be the comparable product of Neenah, Dewey Bros., U. S. Foundry, or equal. Manhole frames and covers in concrete slabs shall be Neenah R6400 CS or equal. Watertiqht Frames and Covers shall be similar and equal to standard frames and covers specified above in all respects except that covers shall be gasketed and bolted to the frames. Gaskets shall be 1/8 inch thick rubber and bolts shall be 1/2 inch diameter hex head brass cap screws, minimum 6 'ZEL, ENGINEERS 0706-00 106 Gravity Sewer.doc T6-4 bolts. Bolt holes in Watertight frames and respectively, or equal. cover covers shall shall be be counterbored for Sumter MF-40B bolt and heads. MC-40B, SECTION T6 GRAVITY SEWER STUB-oUTS FOR FUTURE SEWERS: Pipe stub-outs for the connection of future sewers shall be 1-joint of pipe with a bell connection at the end of the stub-out. Each stub-out shall be plugged with 3" treated wood or pre-manufactured plug sealed in the bell end of the stub-out to achieve a watertight plug which then shall be blocked with concrete cast against firm earth. FIELD TESTS: 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. I Joints, Aliqnment 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 have been maintained. 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, painting, or if necessary, by rebuilding at the expense of the Contractor. Inteqrity of the Installed Sewer: All gravity pipe lines 'shall be checked for infiltration and subjected to either an infiltration test, an exfiltration test, or a low-pressure air test to demonstrate the integrity of the installed sewer. The Contractor shall provide, at no additional cost to the Owner, all labor, materials, supervision, equipment and measuring devices necessary to conduct the test. Results of the tests, witnessed by the construction inspector, shall be delivered to the Owner in written form. Meeting the minimum requirement herein specified does not relieve the Contractor of the necessity of making sewers as tight as possible. Low-Pressure Air Test: Only for sections of sewer which are not submerged by groundwater will the air test be applicable. If the pipe to be tested is submerged in groundwater, an infiltration test shall be used. The air test is performed as follows: Flush and clean the sewer line with water prior to testing, thus cleaning out debris and wetting the pipe surface to produce more consistent results. Plug all outlets to resist the test pressure. Give special attention to stoppers and service laterals. Add air until the internal air pressure of the sewer is raised to approximately 4.0 psi gauge. When the pressure has stablilized and is at or lowered to the starting test pressure of 3.5 psi gauge, commence the test. Record the time period for the pressure to drop to 2.5 psi gauge and compare to the time chart below. Recorded times less than the specified times indicate the line has failed and repair is required to bring the line up to specification. The test may be discontinued when the prescribed test time has been completed, even though the pressure has not dropped to 2.5 psi gauge. . I 'ZEL, ENGINEERS 0706-00 T06 Gravity Sewer.doc T6-5 SECTION T6 GRAVITY SEWER Infiltration Check: The .maximum allowablera-te oT 'i'n-filtration into the sewer lines shall be 100 gallons per 24 hours per inch of diameter per mile of sewer where minimum groundwater depth is two (2) feet above the high point of the sewer under test. Where infiltration is apparent, a V-notch weir shall be installed and maintained at the low end of the sewer and a test performed. Upstream reaches not under test shall be plugged. Water . level behind the V-notch weir shall stabilize and. a reading of flow rate shall be recorded and compared to the above specified rate. A rate greater than that specified shall require the Contractor to repair the sewer so that this test will be met. Sewer segments being tested shall be no longer than 1200 feet. Exfiltration Test : The maximUm allowable rate of exfiltration from sewer lines using the exfiltration test shall .be 100 gallons per 24 hours per inch of diameter per mile of sewer. 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 frame. No more than ten (10) feet of head shall be placed on th~ lowest point in the sewer. After sufficient time has elapsed Tor air to bleed ~TT and absorption to be complete, the water level in the manhole shall be measured at 30 minute intervals for two hours. The measured drop in water level shall be translated into the exfiltration rate. Sewer segments being tested shall be no longer than 1200 feet. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, trees, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities, in such manner as to meet the approval of the Engineer or Owner. No structures or trees shall be removed without the consent of the property owner until condemnation procedure, if necessary, has been completed. See SC-19. CLEAN UP AND REPAIRING: 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 sui table 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 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. After a section of line is installed and backfilled, restoration of affected property shall not be delayed; cleanup shall progress with the work. All materials, tools, temporary structures, and excess excavation shall be removed, cleaned, smoothed, graded, and/or finished in a workmanlike manner at the completion of the work. FINAL INSPECTION: When the ContrC\ctor considers that all work has been completed, he shall then notify the Engineer who will inspect all work and make such tests as to satisfy himself that the provisions of the Contract have been faithfully carried out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. 'ZEL, ENGINEERS 0706-00 T06 Gravity Sewer.doc T6-6 SECTION T6 GRAVITY SEWER MEASUREMENT AND PAYMENT: Except for the specific payment items which follow, no other separate payment will be made for the work covered by this section of the specifications and all costs in connection therewith shall be considered as a subsidiary obligation 'of the Contractor and shall be included in the applicable lump sum or unit price items in the Bid; the payment shall cover all costs of every kind required for clearing and grubbing, excavation, pavement removal, pipe and manhole removal, maintenance of the driving surface, bedding, backfill, protection of utilities, erosion control, cleaning up, restoration including gravel surfaced driveways,. grassing, furnishing the materials and completing the installation. Sewer Pipe shall be measured in place from center to center of manholes or structures without deductions for length of line through the structures or for wye branches. Depth of cut shall be measured from the ground surface to the pipe invert. Depth of the cut shall be a subsidiary obligation included in the price per foot. Sewer lines shall be paid for at the applicable contract lump sum or unit price as set forth in the Bid. Manholes l Payment shall be made for the satis factory installation of standard 4' and S' diameter manholes complete with the base section, shaped . invert, manhole steps, boots, and plugs, .and shall be paid for at the applicable unit price as set forth in the Bid. Additional height of 4' and 5' diameter risers shall be paid per vertical foot. Manhole Frames and Covers: . Payment shall be made for the satisfactory installation of watertight manhole frame and covers complete, in place and shall be paid for at the applicable unit price as set forth in the Bid. Encasement: Payment for concrete encasement for creek crossings, etc. will be made on the basis of the applicable unit price as set forth in the Bid. Concrete Collars, Cradles, Saddles: Concrete for cradles and collars, when required to be placed for protection of pipe at the. direction of the Engineer, will be paid. for on the computed volume of concrete actually placed in accordance with dimensions established by the Engineer. Payment will be made on the basis of the price per cubic yard as stated in the Bid except when the cost is specifically included in separate lump sum payment items. Such price shall include all costs of .excavation, dewatering, forming, reinforcing, and other items of work and materials involved. REPAIR OF BROKEN WATER OR GAS LINES: Where existing water or gas lines are broken as a result of the Contractor's opeTations, where relocation of a water or gas line is elected by the Contractor, or where relocation is otherwise necessary to the installation of the sewer, the relocation or replacement is to be a subsidiary obligation of the sewer installation. Pipe Counterweiqhts: Payment for pipe counterweights will be made on the basis of the applicable unit price as set forth in the Bid. Measurement for pipe counterweights will be made along the centerline of the weighted sewer pipe. PAYMENT: ITEMS S-lB throuqh S-9C: All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel 'ZEL, ENGINEERS 0706-00 T06 Gravity Sewer.doc T6-7 SECTION T6 GRAVITY SEWER pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, videotape copies, and field reports. No additional payment shall be made for these items . ITEMS S-20A: Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re- tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-2lA: Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. ITEM S-33: Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-38: Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the applicable lump sum or unit priced items in the Bid. 'ZEL, ENGINEERS .0706-00 T06 Gravity Sewer.doc T6-8 SECTION T7 GRASSING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and performing all operations required to establish a satisfactory cover of grass within all unpaved areas disturbed by this construction. All work shall be performed in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. GENERAL: The grassing operations shall consist of preparation of the soil, including tillage, liming and fertilizing, seeding, mulching, and watering, and maintenanc~ and repair of planted areas until a satisfactory grass cover is obtained and the work is finally accepted. MATERIALS: Seed: All seed shall be Hulled Bermuda grass seed tested and approved by the Georgia Department of Agriculture not more than 6 months prior to the date of sowing and packaged and labeled in accordance with the Georgia Seed Laws and Rules and Regulations in effect on the date of the Invitation for Bids. Seed which has become wet or moldy or otherwise damaged prior to the time of sowing will be rejected. Aqricultural Lime shall be a pulverized limestone having the following certified chemical and physical properties: Total Carbonates, not less than 85% Passing 10-mesh screen, at least 100% Passing 100-mesh screen, at least 25% Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10 fertilizer suitable for application by a fertilizer distributor, grain drill, planting machine or similar standard equipment. The fertilizer shall be certified to meet the requirements of Fertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes caked or otherwise damaged prior to the time of use will be rejected. Mulch: Any of the mulch materials, consisting of forest litter, hay, straw, hulls of cottonballs or peanuts, ground corncobs, stalks of corn, cane, potato vines, tobacco or other stems, or peat, which are permitted under Standard Specifications of the State Highway Department of Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain seeds of species of weeds or plants which would germinate and be harmful to the proposed planting will not be accepted. Before collection of mulch material is begun or delivery is made, the Contractor shall submit samples for approval. Only approved mulch from approved sources will be accepted. Water for use in connection with the grassing operation may be purchased from Augusta/Richmond County, or obtained from any other approved source. Such water shall be free of excess chlorine, or other chemicals or substances harmful to plant growth. GROUND PREPARATION: Prior to preparing the ground for grassing operations, all weeds, brush and other vegetation in the areas to be planted which has not been removed during clearing and grubbing and grading operations shall be removed from the site. All irregularities in the surface shall be smoothed out and all 0706-00 T07 Grassing.doc T7-l 'ZEL, ENGINEERS 0706-00 T07 Grassing.doc T7-2 . Z-=:L. ENGINEERS SECTION T7 GRASSING the site. All irregularities in the surface shall be smoothed out and all roots, stone and other foreign material detrimental to tillage, planting and proper growth and maintenance of the grass shall be removed. In all areas where the topsoil has been removed during grading operations, the topsoil which has been stockpiled shall be returned and evenly distributed over these areas. Objectionable foreign materials contained in the topsoil shall also be removed as the topsoil is distributed. LIMING AND FERTILIZING: After the areas to be seeded have been brought to finished grade, agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate of one ton per acre and fertilizer at the rate of 1000 potinds per acre. In areas where mechanical spreaders cannot be used, the lime and fertilizer may be applied by hand methods. The lime and fertilizer shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE~ The lime and fertilizer shall be thoroughly and uniformly mixed with the soil to a depth of approximately 3" by plowing, discing and harrowing until the soil is friable and well pulverized. Hand tillage will be required in all areas where mechanical equipment cannot be operated. SEEDING: Hulled Bermuda grass seed conforming to the requirements of this specification shall be uniformly sown by approved mechanical power drawn drills or seeders or, in small areas, by mechanical hand seeders, at the rate of 40 pounds per acre. The seeds shall be covered and compacted to a depth of 1/8 to 1/2 inch by means of a cultipacker and an empty traffic roller or another roller weighing less than 3 tons. Broadcast seeding shall not be done when the wind makes it difficult to get satisfactory distribution. The Bermuda grass seed shall not be planted prior to April 15 or after September 15. Seed shall not be sown unless the soil has the optimum moisture content or more through a depth of at least 3 inches. WATERING: After the seeds have been sown, the moisture content of the soil will be tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling until an adequate moisture content has been reached. In the absence of adequate rainfall during the germination and early growth period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling operations. MULCHING: Mulching of seeded areas will not be required but may be employed at the option of the Contractor as an aid in reducing erosing and conserving soil moisture. If employed, the mulch shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture of the mulch. The proper application will allow some sunlight to penetrate and air to circulate, at the same time shading the ground. If desired, immediately after the mulch is spread, the material may be anchored to the soil by a cultipacker, disc harrow, or other suitable equipment. SECTION T7 GRASSING ESTABLISHMENT AND MAINTENANCE: The Contractor is responsible for providing a satisfactory stand of living seeded grass in which gaps larger than 12 inches do. not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever, shall be reseeded with Hulled Bermuda seed, and such reseeding shall be repeated until acceptance by the Engineer. The Contractor shall properly water, mow and otherwise maintain all grassed areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and reseeding at no additional expense to the Owner, if such damage occurs prior to acceptance of the project. EROSION CONTROL: In the event completion of grading operations of areas to be grassed extends beyond September Hi, Bermuda seeding must be postponed until the following spring season. The Contractor will be permitted to seed such areas with Rye qrass at his own expense, if he so desires, to control erosion of the qraded areas. All mowing and maintenance operations during the fall and winter seasons will be the obligation of the Contractor. Erosion must be controlled by acceptable methods to prevent damage to the Owner's property or to adjacent property owners and to .limit migration of silt to the streams. GRASSING TABLE Permanent Cover: Fertilizer: 5-10-10i 1800 lbs. per acte . Agricultural Lime: 2 tons per acre Mulch: 2-1/2 tons mulch hay per acre Hulled Common Bermuda and Browntop Millet 10 lbs./Ac. 10 lbs./Ac. 4/1 - 6/30 Temporary Cover: Fertilizer: 10-10-10; 500 lbs. per acre Agricultural Lime: 1000 lbs. per acre Mulch: As Needed Sudcingrass Rye Grass 60 lbs./Ac. 15 lbs./Ac. 4/1 9/1 8/15 - 10/31 PAYMENT: No separate payment will be made for grassing of the unpaved areas within the limits of the work disturbed by construction and all costs shall be included in the appropriate Lump Sum or unit price in the Bid. Grassing shall include all operations specified herein until a satisfactory cover of grass is obtained and accepted. 0706-00 T07 Grassing.doc T7-3 'ZEL. ENGINEERS SECTION T20 ASPHALT PAVEMENT SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and performing .all operations in connection with the Pavement of.the driveway and parking area of this project, in accordance with. this section of the specifications, and subject to the terms andcond{tions of the Contract. GENERAL: Asphalt Pavement: Asphalt pavement shall consist of the excavation, filling, preparation and further compaction when necessary of the proof~rolled and recompacted subgrade, placing of the graded aggregate base course, application of bituminous prime coat, application of the binder course, tack coa.t, and an asphaltic concrete surface course and performing other. items of construction as indicated or necessary to complete the pavement. SEAsONAL LIMITATIONS: No bituminous materials shall be applied for surf~ce treatment between November 10 and April 10, except with written approval of the Engineer. WEATHER LIMITATIONS: -..J Bituminous mixtures shall not be produced or placed during rainy weather, when the subgradeor base course is frozen or shows any evidence of excess moisture or when the moisture on the surface to be paved would prevent proper bond, nor when the air temperatu~e is less than 450 F. in the shade away from artificial heat. APPLICABLE SPECIFICATIONS: All work and materials required under this section of the specifications shall . conform to the applicable ~ections of the. "Standard Specifications for the Construction of Roads and Bridges" of the Department of Transportation, State of Georgia. SUBGRADE: Excavation: The Contractor shall excavate.the existing material as needed to provipe for the base course. All unsuitable excavated materials that cannot be lised in fill areas shall be wasted in spoil areas. Excavation shall be perfooned in a.manner and sequence that will provide drainage at all times. All excavation shall be unclassified and considered common excavation for this project Grading, Filling and Backfilling: The grading shall conform to the applicable requirements described in detail in the "Site Work" section of these specifications. Filling and. backfilling shall conform to Section T2 of the specifications. 0706-00 T20 Asphalt Pavement.doc T20-1 'ZEL, ENGINEERS SECTION T20 ASPHALT PAVEMENT Protection of Subgrade: The Contractor shall protect the sub grade from damage and shall keep it adequately drained. It shall be kept free from ruts and other depressions and in a smooth and compacted condition until the asphaltic binder course has been placed. GRADED AGGREGATE BASE COURSE: An 6" thick graded aggregate base course shall be constructed using Class A graded aggregate material conforming to the requirements of Article 816 of the Georgia DOT Standard Specifications. The graded aggregate base course shall be applied in accordance with the applicable requirements of Section 300 and 303. of the Georgia DOT Standard Specifications . Material shall be compacted to at least 100% of maximum density at optimum moisture content based upon the Modified Proctor Method, ASTM D-1557. The base shall be drained by installing weeps at low points and intervals not to exceed 50 ft. BITUMINOUS PRIME: Bituminous prime shall be applied to the finished base course and to existing surface treatment at a rate of not less than 0.18 and not more than 0 ~ 23 gallons per square yard, using materials conforming to Article 820.00 of the Georgia DOT Specifications. Application of the bituminous prime shall be in accordance with Section'412 of those specifications. ASPHALTIC CONCRETE BINDER AND SURFACE COURSES: Ge~eral: Areas required to be paved shall receive a 2" Binder Course and a 1~ 1/2" inch compacted thickness surface course. The surface course shall be Asphaltic Concrete, Type E; the binder course, Type B. Materials: The materials used shall be in accordance with the following Articles from the Georgia DOT Specifications. Asphalt Cement Coarse Aggregate for Asphaltic Concrete Fine Aggregate for Asphaltic Concrete Mineral Filler 820.01 - Table 820.1 802.02 802.01 803.01 Mix: The job mix will be determined in accordance with the prov~s~ons of Article 400.04 of the Georgia DOT Specifications and shall require the approval of the Engineer. Application: Apply the asphaltic concrete surface course in accordance with the applicable requirements of Section 400, Georgia DOT Specifications. 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 D-1559. 0706-00 T20 Asphalt Pavement.doc T20-2 'ZEL, ENGINEERS SECTION T20 ASPHALT PAVEMENT TESTS: Materials: ,The Contractor shall be responsible for having the materials he proposes to furnish tested to demonstrate this conformance to these specifications. Certified copies of Test Reports shall be approved by the Engineer prior to construction. Compaction and Thickness; Compaction and thickness tests will be made at the discretion of, and at locations specified by the Engineer, at no cost to the Contractor. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operation or acts by his agents or employees. Such restoration shall include, but not be limited to seeding, sodding, ornamental planting, repair or replacement of structures, or other facilities and shall be at least equal in quality to the original undisturbed condition. No such cost shall be incurred by the Owner~ PAYMENT: ITEM P-l: Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). .No additional payment shall be made for these items. ITEM P-2: Items associated with asphalt pavement repair and patching, including aggregate base (10 ~u thick) and asphalt patch (2 ~u thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type)( 2 ~ U graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-8: Curb and/or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum bid for the completed work. 0706-00 T20 Asphalt Pavelllent.doc T20-3 'ZEL. ENGINEERS '-I SECTION T21 MEASUREMENT AND PAYMENT GENERAL Note: All items which must be removed by the contractor during construction, and which are not specifically shown to be paid for otherwise, are to be removed without additional payment. All costs for this removal and resetting (if necessary) shall be included in the pay item "Lump Sum Construction". Also, any other item without a specific -pay item shall be included in "Lump Sum Construction". SANITARY SEWER ITEMS S-lB through S-9C - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel pulling, and CCTV camera inspection as requlred. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. ITEM S-17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier p~p~ng, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEMS S-20A - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. ITEM S-33 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-38 - Creek crossing shall be measured in linear feet and shall include rip rap, filter fabric and concrete pipe encasement, including costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. 0706-00 T21 Measurement and payment.doc T21-1 'ZEL, ENGINEERS 0706-00 T21 Measurement and Payment.doc T2l-2 'ZEL, ENGINEERS SECTION T2l MEASUREMENT AND PAYMENT MISCELLANEOUS ITEM M-7 - Select refill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. No additional payment shall be made for these items. LUMP SUM .CONSTRUCTION ITEM LS-l - Lump sum copstruction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items.