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Home My WebLink AboutMike Padgett Highway Sanitary Sewer Extension Augusta Richmond GA DOCUMENT NAM,E: \\1\ \ \(.e- V~d8C-tt \-\-\~ V\ ~ SQYI ; taX' tj SCu.)e y- E ^ -ten "j; on DOCUMENT TYPE: ~ 0 n-\-~C'\s YEAR: 'lDO \ BOX NUMBER: \3 FILE NUMBER: \ 5' (J) 31o NUMBER OF PAGES: 121 I I I I I I I I I I I I I I I I I I I J~ -# / sfo ~(, BID DOCUMENTS FOR MIKE PADGETT HIGHWAY SANITARY SEWER EXTENSION PROJECT NO.: S-12H AUGUSTA UTILITIES DEPARTMENT DATE: SEPTEMBER 14, 1998 REV: FEBRUARY 26, 2001 PREPARED BY: SOUTHERN PARTNERS, INC. 1233 AUGUSTA WEST PARKWAY AUGUSTA, GEORGIA 30909 (706) 855-6000 I I I I I I I I I I I I I I I I I I I. MIKE P ADGETT HIGHWAY SANITARY SEWER PROJECT S-12H ADDENDUM NUMBER 1 May 8, 2001 In response to additional comments received, the bid documents need to be amended as follows: 1, Section T-2, PA YEMENT REMOVAL AND REPLACEMENT, page TS-8. Add the following as a second paragraph: All pavement markings damaged or destroyed during construction of this project shall be replaced with thermoplastic markings of the same configuration and color as the original markings. Thermoplastic material and placement shall meet the requirements of Georgia Department of Transportation Specifications for Roads and Bridges, 1993 edition. Measurement for payment shall be by the square yard as measured in place, Add Item: 653-0000 THERMOPLASTIC P A YEMENT STRIPING 8 SY to the bid schedule on page P-2, 2. Special Conditions, 21. TRAFFIC SAFETY, page SP-4, Insert the following before the last sentence in the last paragraph: The contractor shall maintain access for all property owners and emergency vehicles to all properties at all times, The contractor is also responsible for providing emergency access when the normal course of construction would otherwise prevent it. 3. Special Conditions. Add paragraph 30. TRAFFIC SIGNAL INFRASTRUCTURE as follows: The contractor shall contact the Traffic Engineering Office at 821-1841 at least 48 hours before starting construction for location of all signal infrastructure. Any damage to the existing, located signal system shall be at the contractor's expense and match the existing in type configuration and manufacture, 4, Sheet 1, COVER SHEET, Notes, Insert the following in the second paragraph, second line after ''Utilities Department": , ARC Public Works and Engineering Department (Contact the County Engineer or Utility Inspector, 821-1706, at least 24 hours prior to the start of work.) 5, Sheet 2, DETAIL SHEET, ASPHALT REPLACEMENT DETAIL and DETAIL NOTES, Replace the detail with the County standard from the Augusta Rights of Way Encroachment Guidelines, copy of detail included. In note 2 delete "1401 PAVEMENT PATCHING DETAILS" since this is included in the new County detail. 6. 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Z z 55 " !:!l "co> 3 0 (") ~ ITI ~ > ~ ~ ZO ~ z.:-~ ~-I (")"';S;"D r-z- (") g::r rTI::!1 !!::> >." -Iz!::1"'l 0-1 of fT1;;lJ ~~ ,,"00 x::r Z 0 Zc ~l"1 ~3: -I~ ~3: ~~~C! ~ ,: :i~ -~ g ;--l:r 3:. -< -< 5 -I~ fT1~ ~o ,.., ~~~:tJ C j!:::C. ""1'1 (");--l 0 ;JJ 8 ~ z gScc t 0 ~ F _~_m I I I I I I I I I I I I I I I I I I I, MIKE PADGETT mGHW A Y SANITARY SEWER PROJECT S-12H (Bid #01-088) ADDENDUM NUMBER 2 May 29, 2001 In response to additional comments received, the bid documents need to be amended as follows: 1. Sheet 3 of 8: The existing lift station, at approximately 1+20, was omitted from the latest revision of this sheet. The lift station, associated piping and controls shall be removed as a part of this project and paid under ''Lump Sum Construction", All salvageable materials shall become the property of Augusta Utilities Department and delivered to a location designated by the inspector. 2. Sheet 6 of8: Delete all work associated with everything upstream ofSSMH #10, This work was done under a previous contract. The project will now tie into SSMH #10 as an existing manhole. 3. Sheet 8 of8: The detail for the ring and cover needs to be replaced with the copy of the Augusta Utilities standard drawing 13.04, attached. The standard cover shall be used except where the watertight cover is specified on the drawings. 4. Special Provisions, page SP-3, item 18, Contractor's Field Office, shall not be required on this project. 5. Page A-I, Article II and page P-l: change "120 calendar days" to read "90 calendar days or September 23,2001 whichever is earlier", 6. Replace page P-2 with the attached, revised page. I I I I I I I I I 1 I I I I I I I '-5129/01 I. MIKE PADGETT HIGHWAY SANITARY SEWER EXTENSION Project No.: S-12H ITEM NUMBER .. , ' DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL AMOUNT I 230-1000 Lump Sum Construction 1 Lump Sum 000-9001 Soil Erosion & Sediment Control 1 Lump Sum 000-9002 Road Cuts & Repair, Complete 1950 Sq Yds lXJO-OOO3 Reproducible As-Built 1 Lump Sum 400-8116 Overlay for Road Repair 1 112" Type E 2538 Sq, Yds 441-0012 f)' X 24" Cone, Curb and Gutter 1400 Un Ft 610-9999 Tie to Existing Sanitary Sewer Manhole 3 Each 66O-CXXJ6 f)' Sanitary Sewer Serivce 820 Un Ft 66Q.,9999 f)' Clean Outs 30 Each 600-0008A 8" PVC Sanitary Sewer 3268 Un Ft 66Q.0008B 8" DIP Sanitary Sewer 610 Un Ft 668-3300 Sanitary Sewer Manhole 11 Each no-Ero1 Grassing Complete 1 Lump Sum 207 -CXXlO Foundation Backfill Materfal, Type I 1 CXXXl Cubic Yard 615-1000 Jack & Bore, Complete, Incl. Casing 220 Un Ft TOTAL CONTRACTOR P-2 I I I I I 2-NON-PENETRA TING I PICK HOLES 1" I 1- 23112" -\ r I SECT/ON OF COVERS I I I I I I I BOLTED WATERTIGHT FRAME AND COVER US FOUNDRY #USF 668 RING & BWTCOVER I LOAD RATING-HEAVY DUlY I I. I. 4=1- DIA. ANCHOR HOLES VENTILATION HOLES PLAN OF MANHOLE FRAME AND COVER r-- 22" ~ -I .IL1/2' APPROXIMATE WEIGHT FRAME 180 COVER 125 TOTAL 285 I- I. HALF SECT. 25" HALF ELEV. 33 1/4" HALF SECT/ON FRAME-HALF ELEV. FRAME STANDARD COVER . US FOUNDRY #USF 668 RING & KL COVER LOAD RATING-HEAVY DUlY VENT HOLE LOCATION DRILLED AS SHOWN TRAFFIC MANHOLE FRAME & COVER AUGUSTA-UTILITIES DETAIL NO. 73,04 NOT TO SCALE I' I: , I I I I I I I I I I I I I I I I I INVITATION TO BID Sealed Bids will be received in this office until 3:00 a.m., Thursday, June 7, 200 I for the construction of - -ainage improvements, and appurtenances, hereinafter referred to as project name: BID ITElVI #01-088 Mike Padgett Highway Sanitary Sewer Extension, Project Number: S-12H for City of Augusta Utilities Department Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams The City of Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 At the time and place noted above the proposals will be publicly opened and read. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $50.00 non- refundable per set.. Bid documents may be examined during regular business hours at the offices of Southern Partners, Inc., 1233 Augusta West Parkway, Augusta, Georgia 30909, City of Augusta Purchasing Department, Dodge Plan Room, and Augusta Builder's Exchange. H is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of ,e work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No Bid may be withdrawn for a period of 60 days after tie has been called on the date of opening. A 10% ,,~'bid bond is required to be submitted in a separate envelope so marked along with the bidders qualifications; a 100% performance bond and a 100% payment bond will be required for award. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item #01-088 ~nd Project Name on the outside of ~be e,nvelope. ,",,~, ""'~ 'A",~.........::ll"of'...........":..~........>J..;.,r' Any objections to the specifications as set forth should be filed in writing prior to bid opening. GERI A. SAMS, Purchasing Director Publish: August4.l" Chronicle Augusta Focus - lVlay 3, 10, 17, 24, 2001 - May 3, 2001 3: cc: Brenda Byrd-Pelaez Max Hicks - ~V' - City of Augusta Equal Qpportunity - City of Augusta UtiIitie~~:' 'it !wi ';~\~ stI~ ,~I ~~: t!1 .~~ ,YrI: I I I I I I -I I I I I 1\ I I I I I I I SECTION Instruction to Bidders Special Conditions Agreement General Conditions Supplementary Conditions Technical Specifications TABLE OF CONTENTS MIKE PADGETT HIGHWAY SANITARY SEWER EXTENSION PROJECT NO.: S-12H PAGES IB-I thru IB-4 SP-I thru SP-6 A-I thru A-3 I thru 52 SC-I TS-I thru TS-30 Site Work Excavation, Filling & Backfilling Concrete Sanitary Sewers and Appurtenances Grassing TS-I TS-5 TS-IO TS-12 TS-28 Proposal P-I thru P-3 Bid Bond, Payment Bond, Performance Bond N/A I I I I I I I I I I I I I I I I I I I SECTION m INSTRUCTION TO BIDDERS ill-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner, The proposal must be filed with the owner on or before the time stated in the invitati.on 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. ill-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. ill-03 ADDENDA AND INTERPRETATION No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Augusta-Richmond County Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911, given consideration must be received at least five 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, ifissued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three 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. ill-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, IB-1 I I I I I I I I I I I I I I I I I I I 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 who will affix the corporate seal to the proposal, NOTE: A 10% Bid Bond is required in all cases. ffi-Os 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, ffi-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 oWl!er 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. ffi-2 I I I I. I I I I I I. I I I I I I I I I IB-O? 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. ffi-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received, The right is reserved, however to waive any informalities in bidding, to reject ariy 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. IB-09 ENGINEER CH2M HILL is Program Manager for the project. Address is 360 Bay Street, Suite 100, Augusta, Georgia 30901, ffi-3 I I I I I I' I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. IB-4 I I I \1. I I I I I I I I I I I I I I I SPECIAL CONDmONS 1. SCOPE: . This project covers the installation of 8" sanitary sewer and appurtenances on Mike Padgett Highway (S.R. 56), Old Waynesboro Road and Creighton Place in accordance with the attached plans and these specifications. The contractor shall supply all materials, equipment, labor, supplies and supervision necessary to properly complete this project as specified. The contractor is responsible for obtaining all permits and licenses, paying all fees and complying with all local, state and federal requirements: 2. SPECIFICA nONS: This project is based on and shall be. constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, 1993 Edition, the Augusta-Richmond County Water and Sewer Standard Specifications, OSHA requirements and the attached specifications. All of these specifications shall be considered as though fully contained herein, In all cases where conflicts arise within these specifications, they will. be revised to resolve such conflict. Until the conflict is resolved, the adherence to the application of the stricter of the specifications shall control the situation, 3. DETAILS: Standard drawings of Georgia Department of Transportation will be used for all detail work unless otherwise specified. 4. RIGHT OF WAY: The contractor shall not perfonn any work outside the limits ofthe right of way except where specific easements are shown. In addition, no equipment or material shall be placed outside the right of way without written permission of the property owner and the Engineer's Representative. 5. DESIGN ALTERNATIONS:. The County recognizes the various changes in design, along with added detail drawings may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered sh.all be priced separately and no work will be done on these items until approved, in writing by the County's authorized representative. 6. DRIVEWAYS: All driveways shall be repaired in kind. For asphalt driveways, the contractor shall resurface the driveway from the edge of pavement to the end of the asphalt or the right of way line whichever is. shorter. SP-l I I I I I I I I I I I I" I I I I I I I 7. PIPE: The installation of the pipe shall include all excavation, materials, placement, fittings, connections, backfill, testing and acceptance. Corrosion control for the pipe shall be included in the unit price, Connection to the existing " lines shall be completed with minimum interruption in service, The contractor shall coordinate all service interruptions with the owner 48 hours in advance of the interruption, 8. PRECONSTRUCTION: A pre-construction meeting will be held to discuss the procedures to be followed. Date and time of this meeting will be set after award of the bid. 9. ROAD CUTS: The road crossings are intended to be by open cut. The Contractor shall comply with all conditions of the utility encroachment permit from the Augusta-Richmond County Department of Public Works. The permit is to be obtained before beginning construction. 10. EXCESS MATERIAL: All excess material not suitable or used for backfill is to be disposed of as directed by the Engineer. No excess material shall be placed within ISO' ofa drainage crossing without specific authorization, in writing, 11. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed, No separate pay will be made for grassing, fertilizing and mulching of disturbed areas. 12. FOUNDATION AND BACKFILL, TYPE I: Foundation Backfill Material TyPe I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. 13. TRENCHING: This project calls for installation of pipe by the open-cut or trenching method parallel to the flow of traffic. The work shall be so scheduled that not more than 500 feet of trench shall be open at one time, The contractor is cautioned to use proper and safe construction methods in constructiop of this project. The Contractor is held fully responsible for the safe prosecution of the work at all times. SP-2 I I I I- I I I I I I I I I I I I I I I 14. LUMP SUM CONSTRUCTION: Lump sum construction includes, but is not limited to, removal and replacement of mail boxes, fences, walls, driveways, trees and shrubbery, as well as traffic control and project coordination with all agencies and individuals. 15. OPERATION AND STORAGE AREAS: The location of all operations of the Contractor (including storage of materials) shall be approved by the OWNER. 16. COORDINATION OF WORK WITH OWNER: The Contractor shall coordinate and schedule his work such that no conflict will exist with the Owner in the operation of his facilities. ,17. CONTRACT DOCUMENTS AND DRAWINGS: Drawings: The Engineer will furnish to the Contractor, free of charge, 6 copies of the drawings and specifications for the execution of the work. Location of all features of the work included in the contract are indicated on the contract drawings. The drawings listed on the cover sheet comprise the plans for this contract. 18. 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. In addition, another office shall be equipped with a telephone, :file cabinets for project records, a table for reference of construction plans, storage space for project Plans and specifications and other furnishings as required for the exclusive use-of the Owner's project representative who will be assigned to this project. 19. TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval ofthe 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. 20. EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any work 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 SP-3 I I I I" I I I I I I I I I I I I I I I improvements must the located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field 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. Should a conflict arise as a result of an underground utility not shown on the plans, the Contractor shall notify the Augusta Utilities Project Inspector prior to installing the new pipe. 21. 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. The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. The Contractor shall ensure that all flagmen used to direct and control traffic are certified in accordance with state standards. The Contractor shall replace all signs that may be moved as a result of the construction. " All temporary traffic control devices are to be placed in accordance with GA. D,O.T, Standards and Specifications. The Contractor shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the highway, This applies to the initial installation and the continuing maintenance and operation of the facility, At least one-way, alternating traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the contractor must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. 22. UTILITIES: The Contractor shall provide for temporary utilities for construction operations, Potable water is available from hydrants. The Contractor shall make provisions for telephone service with the phone company. Electric power for construction operations shall be provided by the Contractor by arrangement with Georgia Power Company: The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations as necessary. The Contractor's attention is directed to the probability of encountering public and private utility installations consisting of sanitary sewers, water, sprinkler" systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. SP-4 I I I I I I I I I I I I I I I I I I I 23. 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, invalidate this Contract, nor shall any such variation give cause for claims or liability for damages. Measurement and payment shall be made in accordance with the Standard Specifications on a unit price basis, The quantities included in the schedule of items are approximate and subject to change, All changes will be made at the unit price, as bid. 24. 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, The Contractor shall maintain a benchmark on site. At each structure, a physical check of installed inverts and/or floor elevations shall be made and the elevations recorded and furnished to the Engineer. 25. 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 therefor. 26. 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 ofl975, shall apply as though fully set forth therein, 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 TI, Site work and Section T8, Grassing. SP-5 I I I I" I I I I I I I I I I I I I I I 27. 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 (pLSI-54), The Contractor shall comply with all local state and federal requirements for the safe prosecution of the work. Special measures shall be taken to protect the property owners, their guests, children and pets. 28. SUB-SURFACE INVESTIGATION: A"soils investigation is not available for this site, 29. SUBSTITUTIONS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. SP-6 I I I I I I I I I I I I I I I I I I I AGREEMENT TillS AGREEMENT. made on the~ day of cJ;, ~ . 2001 by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUS A-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and 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: MIKE PADGETT mGHW A Y SANITARY SEWER EXTENSION PROJECT #: S-12H 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 II - 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 or the Contractor to proceed. All work shall be completed within 120 calendar days with all such extensions oftime as are provided for in the General Conditions, It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS ofthis contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITIllN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration the awarding of this contract, to pay the Owner the sum of One Hundred and no/l00's ($100.00) Dollars, not as a penalty, but 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. A-I I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amou~t as stated in the Proposal and Schedule ofItems, 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 an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90%. of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signafure,' 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 retaiqed percentage, shall be paid to the Contractor by the owner within 15 days after the date of said fmal certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A-2 I I I I" I I I I I- I I I I I I I I I I (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled, (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing" final payment, except that it shall not constitute a waiver of claims, IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned a~ove. ~(j/wwr- Witness ( (SEAL) W. "" ~ ..~- /':""i/' ~~. ~~ It!le~S~ ~ ;~' -.\..,-:.:=. ~;- % ~ .~~ 2}g; '<'~:c:~i;i:..:~>~ By: ~ Mayor""", CONTRACTOR: /H/WUs ;&t?~ ~#..57/Y. t{ ~c., BY~~~~ Address: tJ t52 0 /11;ay // AJ.tJ ~1t.P fl~QS7d, ~, '3494/ A-3 I I I I I I I I I 1\ I I I I I I I I I , February 9, 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 COUNTY 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~Th8 offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the'Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contrar;t Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3,3 and 3.5 or after the Effective Date of the Agreement. . . Contract Pricf7 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 Timf7 The number of days (computed as provided in paragraph 17,2) or the date stated in the Agreement for the completion of the Work., CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees, Day-Either aworking day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. / I I I I I I I I I I I I I I I I I I I '- February a, 2::1 Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have .' been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia, Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time, General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws,rules, regulations, ordinances, codes and/or orders. Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work, PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Project~The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in. the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative- The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and 2 I I I I I I I I I I I I I I I I I I I February B. 2001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. ' Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site, Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete"and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Condftions-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 facil.ities 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 Directive Change-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 Directive Change 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 Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contra9t 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 nontechnical rather than strictly Work-related aspects of the Contract Documents. 3 I I I I I I I I I I I I I I I I I I I , Februer/ !. 2C:: ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: . 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also. deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets ofthe project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed, A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to..date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2,5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER 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 wilrinclude 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. 4 I I I I I I I I I I. I I I I I I I I I " Febnulry a, 2Q01 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY 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, PROJECT MANAGER, 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, procedures for handling Shop Drawings and other ~ubmittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager 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 t() CONTRACTOR until the schedules are submitted and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions, CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR,in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. 5 I I I I I I I I I I, I I I I I I I I' I February S, 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTE~T, 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 phr(1.ses which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning, 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation), Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or. by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5, If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity : or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or. discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6, The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 6 I I I I I I I' I I I I I I I I I 1 I' I February S. 1001 3,6,2. a Change Order (pursuant to paragraph 10.3), or 3.6,3. a Work Directive Change (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 certification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subc'ontractor or Supplier or other person or organization periorming 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 oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. 7 I' 1 I I I I I I I I, I I I I I I I I I February 8. 2001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim" therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface 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 "technical data"contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the, completeness of sur:h 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 information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information, 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those" indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed arid in no event later than 48 hours after first observance of the conditions. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines 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 8 I I I I I I I I I I I I I I I I I I I Februa.ry 8, 2001 the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be 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 OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3,1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNERs of such Underground Facilities during construction, for the safety and protection thereof as provided in.paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to {he extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work, CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference pOints and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. . 9 I' I I I I I I I I I I I I I I I I I I February 8. :2001 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 COUNTY 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. COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. ' 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected 'area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment;, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have deleted such portion of the Work performed by COUNTY's own forces or others in accordance with Article 8, ' 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. 10 I I I I I I I I I I I I I I I I I I I , February a. 20C 1 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents, These Bonds shall remain in effect at least until ohe year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Cert"ificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. -All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2,2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any?f 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; 11 I I ,I I I I I I I I~ I I I 'I I I I I I Fobnulrj 8, 2001 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5, Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5,3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and ' 5.3.7.. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle, The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of,the policies of insurance so required to be purchased and maintained (or the'certilicates or other evidence thereof) shall contain a provision or endorsement that the coverage afforde"d will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6,32 and 6.33. Owner's Liability Insurance: , 5.5. OWNER shall be responsible for purchasing" and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL.and PROFESSIONAL's consultants ,in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary 12 I I I I I I I I I I, I' I I I I I I I I February a, 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If not covered under the "all risk" insurance or otherWise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain sirT1ilar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5,8, All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled" or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11 .2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10, If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5,6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under ~ny policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by . PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. 13 I I I I I I I I I I, I I I I I I I I I , Febru4ry B. 2001 Receipt and Application of Proceeds: 5.12. 'Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach, If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. . OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insuranc~ 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 OW N ER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14,10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby, The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of 'any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and 14 I I I I I I I I I I I I I I I I I I' I February B. 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or, injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly <Dr indirectly employed by and 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 COUNTY 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, i 6.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's 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. 15 I I I I I I I I I I I I I I I I I I I , F'ebruary a. 2001 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a: specific means, method, technique, sequence ..or procedure of construction which is shown or indicated ,in and expressly"required by the Contract Documents. CONTRACTOR shall be responsible to se8!that the finished Work complies accurately with the Contract Documents. , 6.2, CONTRACTOR shall keep on the Work, at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR'srepresentative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shaWat all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6,5, All materials and equipmentshall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or9.15. .. Adjusting Progress Schedule: . 6.6, CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2,9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 16 I I I' I I I I I I I I I I I I I 1 I' I , February 8. 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Suppli~r, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and: equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed ~ubstitute will perform adequately the functions and achieve the results called for by the general design, be similar ,and of equal substance to that specified and be suited to the same use as that specified, The application will ,state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with, OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. Ail variations of the proposed substitute from that specified will be identifieddn thl3 application and available. maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to th8.t indicated or required by the Contract Documents, The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7,1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3, PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed subsHtute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change . Order or an approved Shop Drawing. OWNER. may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors. Suppliers and Others: 6.8,1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or.organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization 17 I I I' I I I I I I I. I I I I I I I I I February 8. 2001 to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6,8.2, If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other perso(1s or organizations including those who are to furnish the principal items of materials and equipmenttobe submitted to OWNER in advance of the specified date 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 falling to make written objection thereto by the date indicated for acceptance or objec- tion.ln the bidding documents or the Contract Documents) of any such' Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9, CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for, all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such 'Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the partof OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations, 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of.any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of 'patent rights or copyrights held by others. CONTRACfOR 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 atto'rneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. . Permits: 6.13. CONTRACfOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the 18 I I I I' I I I I I 1\ I I I I I I I I I February 8. 2:001 Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for tif!1e extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except Where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. ' 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and,other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment i\; solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such 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 contaminates resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery; and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property 19 I I I' I I I I I I I I I I I I I I I I February 8, 200l to stresses or pressures that will endanger them. Record Documents: 6.19~, Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. ' CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: , 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss;, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in,the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any 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 CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and 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. ~ONTRACTOR 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. Emergendes: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or 20 I I I I I I I I I I, I I I I I I I I I February a. 2001 OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the .Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change 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 personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may.require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make' any corrections required by PROFESSIONAL and resubmit the required number of corrected, copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to 'PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff. 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. 6.25.1. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, 'specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written 21 I I I I I I I I I I, I I I I I I I I I " Fabru.ry B. 1001 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 extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. 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 Project Manager staff. 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. 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. Continuing the Work: , , 6.30: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER., No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. ' Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to' OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding, of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 22 I I I I I I I I I Ii I I I I I I I I' I " February a, 2001 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWN.ER 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 PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible propecty (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor,any person or 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 or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any 'of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUGh Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. 23 I I I I I I I I I I, I I I I I I I I I: , February 9, 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 ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility 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 employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. ' 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in' writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to bE! covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. 24 I I I I I, I I I 'I I I I I I I I I I I February 8. 2001 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. ExcE;pt as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4.. 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. 25 I I I' I I I I I I I I I I I I I I I I February B. 2001 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during , construction are set ,forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2;, PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine,in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive qr:continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will confollT,l to ~he Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will, furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is, n,ot PROFESSIONAL's agent" or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. , Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in tJie Contract Price or the Contract lime and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will bc binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may 26 I I Ii I I ,I I I I I I I I I I I I I I February B. 2001 make a claim therefor as provided in Article 11 or 12. 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 Drawing~ Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application, for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to 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) and written supporting, data will be submitted to PROFESSIONAL and the other partY within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided ,in paragraph 14.16) will be a 27 I I I I I I I I I I I I I I I I I Ii I , February 8. 2001 condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as eith~r may otherwise have und!=r the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. ' Limitations on PROFESSIONAL 's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall notbe responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. 28 I g 1\ B B I I I I I I I I I I I I I I , F.bru8ry 8. 2001 ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,;deletions, or revisions in the Work" The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on' deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. , 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. . 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an em.ergemcy 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 Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 11.3. The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, 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 Construction Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. , ' 10.6. Ifnoti,ce of any change affecting the general scope of the Work or'the provisions of the Contract Documents (including, but not limited to; Contract Price or Contract Time) is required by the provisions, of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 29 I I I: I I I I I I' I I I I I I I I I' I " Februuy 8, 2001 ARTICLE ll-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise tothe claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be deliv.ered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the c1aimant'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 accor- dance 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 for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When'it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a cha[lge in Work designated inthe Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree 30 I I I' I I I I I I I I I I I I I I I; I " F.bruary a. .001 on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. ,Cost of all materials and equipment furnished and incorporated in the Work, including costs , of transportation and storage thereof, and Suppliers'field services required in connection therewith. All cash discounts shall accrue, to CONTRACTOR, unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to' OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work PI,us a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar asapplicable. 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 31 I I I' I I I I I I I I I I I I I I I' I February 8. 2001 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinelY, appliances, office and temporary facilities at the site and hand tools not owned by the workers, whic:h are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. ,11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation" dismantling ,and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property in,surance,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, PROFESSIONAls, architects, estimators, attorneys, 32 I I I I 1 I I I I I I I I I I I I I I , Pebruar"l 8, 2001 auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all inSUrance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them m<.lY be liable, including ,but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or ,general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a sub,contract 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 creditto 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 CONTRAC- 33 I I II I I I I I I I ,I I I I I I I I' I , '.bru.ry 8. 1001 TOR'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 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRActOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. ' Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity , of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. . Determinations of the actual quantities and dassifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be 34 I I I I I I I I I I I I I I I I I I I " adequate to cover CONTRACTOR's overhead and profit for each separately identified item. Februar/ 8, 2001 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to an'y other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the partes are unable to agree as to'the amount of any such increase. 35 I I I I I I I I I I I, I I I I I I I I , February 8. 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension' in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data, will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any,separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor 'disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, ineffidency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to, perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. 36 I I I I I I I I I I I I I I I I I I, I " February 8, 2001 ARTICLE 13-~WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1: CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherWise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requir~ments of the Contract Documents or such inspections, tests, approvals~ or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL All defective work, whether or not,in pla'ce"may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. Forthe duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and at,Jthoriied representatives of any regulatory agency shall at all times be ,given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection ,or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall.be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and'approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. , 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). ' 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has 37 I I I, I I I I I I I I I I' I I I I Ii I February 8. 20C: 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. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieveiCONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection ortesting as PROFESSIONAL may require, that pOrtion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the , amount thereof, owner may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment o,rmakeprompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work.' 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, ,either correct the defective Work whether fabricated, installed, or completed, or remove it from t/:1e site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL; OWNER may have the deficiency corrected. All direct and indirect costs' of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and 38 - -, I I . . . . I' I I I I I I I I I g I I , Pebruary 8. 2001 replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Gontract 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 ~ritten instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and .other PROFESSIONAls) will be paid by CONTRACTOR. "" Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not' be limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the partiess are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. , OWNER May Correct Defective Work: ,13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph i3.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may~ after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct,' indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by 39 I I I' I I I I I I I I I I I I I I I, I February B, 2001 PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitJedto 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 PROFESSIONAls, architects, attorneys and other PROFESSIONAls, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACT08,'s defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time " because of any delay in performance of the Work attributable to the exercise by ,OWNER of OWNER's rights and remedies hereunder. , Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective aetion, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR'work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONAls shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. 40 I I 1\ 1 I I I I I I I I I I I I I I' I Fabrue.ry 8. 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of. Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or ,at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all 'of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress, payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free arid clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.S. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation' by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PR,OFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the 41 I I I I I I I I I I I I I I I I I I I .... February a, 20C: Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests calledJor in the Contract Documents, to a final determination of quantities and classifications for Unit Price W~:>rk under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment; PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that th~ conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as maYJe necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. J 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 set-off , against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con- sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and 42 I I Ii I I I I I I I I I I I I I I I I , rebruary B, 2001 deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list' of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after consider'ing such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's objections, "PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of deliverY of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to,OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and, CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore- said recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Wod< after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER,' PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspec- tion ofthat 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 43 I I 1\ I I I I I I I I I I I I I I I I " P'ebruary B, 2001 , 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 list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or,corrected and will deliver such list to OWNER and CONTRACTOR together 'with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR With respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will' become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER' shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirem~nts of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Bene1icial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed 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 deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to, the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds; certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the 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, i~c1uding but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (Hi) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers 'of liens and as approved by County, 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, materiai 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. 44 I I I I I I I I I I I I I, I I I I I I' , February 8, 200:' 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted an,d approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will' be made. Such 'parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed, and CONTRACTOR's other obligations under the Contract Documents have been fulfilled~ PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work isacceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refu$ing 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 dl,le and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully' completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall bemade under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.1S. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR 45 I I I I I I I I I I I I I I I I I I', I '- February 8. 2001 under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph '14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final.' payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the' terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of. all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. . '- 46 I I I I I I I I I I I I I I I I I Ii I , P'abruary 8. 2001 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will, be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension" If CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equiv2/ent c r similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRAcrOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to s\Jpply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.~ 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, 47 I I I; I I I I I I I I I I I I I I I, I Fobruary 8. 2001 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 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by , CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive am further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONALs'and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for. convenience provision will be the means for disposition of the balance of the contract obligations. ' Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (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 Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents, in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; arid 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the terminati(:>n will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 48 I I II I I I I I I I I I I I I I I 1'\ I '- F_brullry 8, 2001 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 ninety calendar days by, OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACfOR 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 days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR 'any sum finally determined to ,be due, CONTRACTOR may upon seven days written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amountS due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or'damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The proVisions of this paragraph shall not r~lieve 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. 49 I I I; I I I I I I I I I I I I I I I I " F.bruary S. 2001 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether invplving law or fact or both, or ,extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to. OWNER for decisien. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount ofthe claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, toQether with its character and scepe. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to. have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a peried commencing ten (10) werking days prior to the receipt by OWNER of notice thereof. Each decisien by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last knewn address. 16.2 All claims, disputes and other,matters in question between OWNER and CONTRACTOR arising Oljt 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 o.f the Contract consents to. jurisdid:ion and venue in the Superior Court of Richmend County, Georgia, and waives any right to contest same. 50 I I I! I I I I I I I I I I I I I I 1\ I " Febnl.ry B. 200;. ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. ' Computation of nme: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such Period. If the last day of any such period falls , on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the proviSions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, thewarranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13,.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are. in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made ir.l the Contract Documents will survive final payment and termination ,or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5). years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 51 I I 1(' I' I I I I I I I' I I I I I I I I February 8. 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section ,13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. ' 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as 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 Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT, PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in, a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. ' . 17.9.5 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. 52 I I I I I I I I I I I I I I I I I I I I '.hruary 8, 4001 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Maflagement Agency if appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Owner, the CONTRACfOR 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 ma'y be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The pROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible forthose duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personneL The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the'completed.construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work 53 I I I I I I I I I I I I I I I I I I I SUPPLEMENTARY ,CONDITIONS 1.1 SPECIALTY HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: ' A Work within the rights-of-way of the Augusta-Richmond County roads. B. Work within easements granted by property owners in connection with the construction of the project. C. ' Work in close proximity to existing waterlines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. 1.2 TESTING LABORATORY: , All materials testing and laboratory work in connection therewith shall be paid for by the Contractor and approved by the Engineer. ' 1.3 SURVEYS: The Contractor will provide surveying for construction stake-out, horizontal control and vertical control as necessary. 1 A ENGINEER/PROGRAM MANAGER: All references to "Engineer" shall be interpreted to mean the County's official designee, The PROGRAM MANAGER for the project is CH2M HilL, 360 Bay Street, Suite 100, Augusta, GA 30901. 1.5 UNDERGROUND UTILITIES: The Contractor shall coordinate with all utility companies through the "one'call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.6 SAFETY: The Contractor shall use state'certified flagmen, barricades, and signs as necessary t6 notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. ( SC-l I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION T-l - 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 end 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-been obtained. See Special Conditions for field layout, staking, and grade setting requirements. Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. 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 within the project limits. Trees and other vegetation to be removed and all stumps, roots, and brush in ~eas to be cleared but not grubbed shall be cut off flush with or slightly belo,w the original ground surface. Trees and stumps in areas to the covered by embankments J 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. A1llimbs and branches required to be trimmed shall be neatly cut close to the hole of the tree or to main branches, and be cuts more than 1-1/2 inches in diameter thus made shall be painted with an approved tree wound paint. GRUBBING: Grubbing shall consist of the removal arid 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 TS-l I I I I I I I I I I I I I, I I I I I I 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 MA TERIAL~ 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. Burning or Removal From Site: All Timber, except such timber which the Engineer considers merchantable, all logs, stumps, roots, brush, rotten wood and other refuse 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 building of fires, Disposal by burning shall be kept under constant attendance until the tires have burned out or have been extinguished, MATERIALS: 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 be required densities and shall be free of roots, trash arid 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. 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 mixtures 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 dist!lrbed, 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 drainage. Topsoil work shall not be performed 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 TS-2 I, I I I I I I I I I I I I I I I I I I specified therein and in accordance with the appropriate lines, grades, sections, contours and dimensions. Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a 2-1/2" crushed stone surface course, The surface course shall consist of dense graded crushed stone with 65 percent passing a NO.4 U S. Standard Sieve. 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 stockpiled 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; whe~e 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, scarifying, 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 Grading: 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. Except as otherwise specified herein, all disturbed areas on the site shall be finished off 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 0.10 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 of2 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 TS-3 I I I I I I I I I I I I I I I I I I I 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 stones 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 earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. CRUSHED STONE SURFACING FOR UNPAVED DRIVEWAY REPLACEMENT: The subgrade shall be scarified 6" deep and then recompacted to 100% ASTM D698. Over the compacted subgrade compact a 4" thick Class A sand clay base compacted to 100% of ASTM D698 density. The 2" compacted crushed stone surface course shall be installed over the base. INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to the performed during the progress of the work, or at the completion 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 D698. GRASSING: , Areas of road shoulders and other property disturbed by construction operations shall be grassed in accordance with the GRASSING section of the specifications. Areas to be grassed shall be planted, maintained, and'shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch sufficient to produce a cover suitable to eliminate significant erosion. TS-4 I I I I I I, I I I I I I I I I I I I I 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: Payment for clearing, grubbing, site grading, borrow material, sediment containment, crushed stone driveways, and erosion' control shall be included in the unit price for water lines, lump sum price and other unit price or lump sum prices as appropriate. 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 included in the appropriate lump sum or unit price in the Bid. SECTION T-2 - 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 petforming 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. CLASSJFICATION OF EXCAVATION: All excavation shall be unclassified. 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 Footings 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 deposited 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 0 SHA. TS-5 I I I I I I I I I I I I I I I I I I, I The bottoms of trenches for water lines 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. ' I Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of6 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is 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 the thoroughly tamped. The refill shall be brought to the proper elevation for the pipe. Dewatering and Drainage 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 well pointing from excavated areas shall be performed by the contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. 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 Against Flotation: To guard against the danger offiotation 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. Shoring and Protection of Excavations: Shoring shall be provided by the contractor as necessary to protect life or property. All existing structures, streets, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. Special care shall be taken to protect all existing utilities, including water pipes, sewer pipes, gas pipes, other pipes/cables/conduits, fire hydrants, valves, electrical poles, and others, from damage and/or undermining during excavation and installation. , The contractor alone is responsible for any damage or injury 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. TS-6 I I I I I I I I I I I I I 1 I I I I I Blasting: Where blasting is necessary, it shall be done in accordance with ordinances by certified, licensed operators.' No blasting shall be set off within' 50 feet of pipe already laid in the trench. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. 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: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer, The trenches shall be carefully backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel soft shale, or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. F or backfill. up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources, The backfill shall be placed in uniform layers not exceeding 6 inches in depth, Each layer shall be moistened and carefully and uniformly tampered with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6 inch layers and ,each layer moistened and compacted to 95% maximum dry density at optimum moisture based on a modified proctor so that traffic can be resumed immediately after backfilling is completed. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and:compacted with the surface restored to the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and mounding over the trenches left in a neat condition satisfactory to the Engineer. Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner ,as to avoid caving of the trench, Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the TS-7 I I I I I I I I I I I I I I I I I I I Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to.be left in place. 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. Suitable excavated material shall be stockpiled to , reduce the need for borrow material. 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 6 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 but not less than 8" of3,000 p.s.i. concrete, plus 2" hot plant mix over compacted fill. If trench width is 6 feet or greater, 8" concrete cap is not required beneath 2"hot plant mix, Sufficient pavement shall be replaced to allow for at least one foot outside of excavation limits or damaged portions. The existing pavement shall be ,neatly cut vertically and on a 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 oflocal 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 Fencing 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 supported 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 offabric shall be free of any treatment or coating which TS-8 I I I I' I I I I I I I I I I I 1 I I I 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 yam from pulling 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 be following physical requirements: Tensile Strength (Lbs, Min.) (ASTM D-4632) Warp - 120 Fill- 100 Elongation (% Max.) (ASTM D-4632) 40 AOS (Apparent Opening Size) (Max- Sieve Size) (ASTM D-4751) #30 Flow Rate (Gal/Min/Sq.Ft.) (GDT-87) 25 Ultraviolet Stability (2) (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) 80 Bursting Strength (pSI Kin.) (ASTM 0-3786 Diaphragm Bursting Strength Tester) 175 Minimum Fabric Width (Inches) 24 Filter Fabric Backing 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 offabric 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.A X WlA 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" X 4" and straight enough to ' TS;..9 I I I I' I I I 'I I I I I I I I I I I I 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 arleast 3/4 inch wide and legs at least ~ inch long. Nails for fasteners shall be # 14 gauge minimum, 1 inch long with 3/4 inch button beads. Fasteners shall be evenly spaced with at least 4 per post. Straw Bale Ditch Checks: To control , erosion in waterways and to provide additional restriction of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically produced straw bales shall be anchored to 2x4x4'-QII 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 fences, 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. PAYMENT: Except as specifically stated 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 control and sediment containment measures; 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. Pavement replaced over trench excavations will be paid for on the basis of the applicable unit price per linear foot as set forth in the Bid. Resurfacing: For roadway sections which must be resurfaced, payment will be made per square yard for the resuifacing applied over the pavement replacement over trench excavations aswall as the adjoining area within the resurfacing limits. SECTION T-3 - CONCRETE SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of TS-lO I I I I I I I I I I I I I I I I I I I concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms end conditions of the Contract APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: American Society for Testing Materials Designation: C 33 C 150 A615 C94 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 315 CONCRETE: Materials: Building Code Requirement for Reinforced Concrete Manual of Standard Practice for Detailing Reinforced Concrete Structures 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 Aggregate shall consist of natural sand, manufactured sand or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. Coarse Aggregate 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, Curing Materials shall be approved by the Engineer before use. Reinforcing 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. TS-ll I I I I I I I I I I I I I I I I I I I Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion offoreign matter. Steel reinforcing shall be stored in such a manner as to the protected from rusting, oil, grease, and distortion, 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. AIl 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, blo~ki~g, and collars shall have a minimum strength of3,000 psi. Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking, 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 of 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. Finish: Floor shall be wood float finished except tho~e normally exposed to view shall be 'troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off; depressions, holes, and rough spots shall be carefully pointed. Wall surfaces normally exposed to view shall be rubbed. Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength, PAYMENT: Except' as specifically stated in the following items, 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. ' SECTION T-7 - SANITARY SEWERS AND APPURTENANCES SCOPE: The work covered by this section of the specifications'includes furnishing all plant, labor, supervision, , equipment and materials, and in performing all operations in connection with the installation of all piping, fittings, and appurtenances as required for the proper connection and operation of the sanitary sewer collection system in the strict compliance with this section of ~he specifications and the applicable plans and subject to the terms and conditions of the Contract. TS-12 I I I I I I I I I I I I I I I I I I I SANITARY SEWER PIPE: Pipe for sewers shall be furnished in accordance with the following requirements: A. Quality and Inspection: Latitudes in workmanship and finish allowed by ASTM not withstanding, all pipe shall have smooth exterior and interior surfaces; be first quality, be free from cracks, blisters,' and other imperfections, and be true to theoretical shapes and forms throughout each length. Pipe shall be subject to inspection by the Engineer at the pipe plant, trench, and other points of delivery for the purpose of culling and rejecting pipe, independent oflaboratory tests, which does not conform to the requirement of this Section. Pipe which , does not conform will be so marked by the Engineer, and shall not be used in the work. On- the-job repairing of rejected pipe will not be permittedc B. Experience of Manufacturer: The pipe manufacturer shall submit evidence, if required by the Engineer, of having consistently produced pipe and joints of the quality specified herein, and which have exhibited satisfactory performance results in service over a period of not fewer than two years. The pipe manufacturer and the pipe manufacturing process shall be subject to approval by the Engineer. , C. Polyvinyl Chloride (PVC) Sewer Pipe and Fittings: Polyvinyl'Chloride (PVC) Sewer Pipe shall be bell and spigot pipe in lengths not exceeding 20 feet laying lengths and shall have minimum all thickness confinning to ASTM D 3034 under the classification for SDR 35 pipe, as amended to date. Pipe should be solid wall type; rib pipe is not allowed. Polyvinyl Chloride (pVC) sewer pipe fittings shall be bell and spigot or bell and Plain end and shall conform to ASTM D 3034, as amended to date. 1. Markings: PVC pipe shall be marked at intervals of 5 feet or less with the following information: Manufacturer's Name or Trade Mark, Plant code, Date of manufacture, Nominal Pipe Size, PVC Cell classification, the legend "Type PSM DR 35 PVC Sewer Pipe", anq ASTM designation D 3034, Fittings shall be marked with the following information, Manufacturer's Name or , Trade Mark, Nominal Size, Designation PVC and PSM and ASTM designation D 3034, . ' All markings shall remain legible during normal handling, storage and installation. 2. Certification: The Contractor shall furnish the Engineer with a written statement from the manufacturer that all pipe and fittings furnished have been sampled, tested and inspected in accordance with ASTM D 3034, as amended to date, Each certification so furnished shall be signed by an authorized agent of the manufacturer. 3. Joints: All pipe shall have elastomeric joints with an integral belled gasket coupler. Rubber gaskets shall comply with the physical requirements specified in the latest' revision of ASTM F 477, as amended to date, Joints shall meet the requirements specified in ASTM D 3212, as amended to date. TS-13 I I I I' I I I I I I I' I I I I I I I I IRON PIPE AND FITTINGS: The Contractor shall furnish Iron Pipe and fittings as follows: ' A. Ductile Iron Pipe: Pipe shall be centrifugally cast and shaIl conform to-ANSI Specifications A2L 10, A2L50 and A2L51, as amended to date, with mechanical or push-on joins and laying lengths of at least 18 feet with Class 51 wall thickness for size 3.:inch and 4-inch pipe and Class 50 wall thickness for pipe 6-inch in size and above unless indicated otherwise herein and/or on the drawings. B. Fittings: Fittings shall be cast from gray or ductile iron and shall conform to ANSI Specification A 21.10 (A WW A C 110), as amended to date. All fittings shall have standard mechanical joints. Fittings for size 3-inch thru 12-inch shall be CI~ss 250 for Gray Iron and Class 350 for Ductile Iron. Fittings for size 14-inch thru 48-inch shall be Class 250 for Ductile Iron. C. Lining and Coating: Pipe and Fittings shall be cement-lined (standard thickness) inside and bituminous coated outside, in accordance with the applicable provisions of ANSI , Specification A 21.4 (AWWA C 104) and, ANSI A 21.5.1 (AWWA C 151), as amended to date. The inside cement lining shall be treated with a bituminous seal coat. D. Weights and Marking: Weights of pipe and fittings shall conform strictly to the requirements of ANSI Specifications. The class designations for the various classes of pipe and fittings shall be cast onto fittings in raised numerals, and cast or stamped on the outside of each joint of pipe. Weights shall be plainly and conspicuously painted in white on the outside of each joint of pipe arid each fitting after the exterior coating has hardened. E. Certification: The manufacturer of iron pipe and fittings shall furnish both the Engineer and the Owner with certified reports stating that inspection and specified tests have been made and that the results thereof comply with the applicable ANSI Specifications for each. PRECAST CONCRETE MANHOLES The Contractor shall furnish precast concrete manholes as follows: A. Precast Concrete Manholes: Precast concrete manholes shall consist of precast reinforced concrete riser sections, concentric top section and a base section conforming to Typical Details shown on Detail Drawings. Precast manhole sections shall be manufactured in accordance with ASTM C 478, as amended to date, and these specifications. Concrete shall have a minimum compressive strength of 4,000 psi when tested in accordance with ASTM C 39, as amended to date. Steel reinforcement shall be as specified in ASTM C 478, as amended to date, Wall and bottom section shall have a minimum thickness offive inches (5"). 1. Base Section: Base sections for precast concrete, manholes shall have bottom poured monolithically with the walls. Base sections shall be furnished with inside diameters of 4, 5, and 6 feet as required. Base sections shall be furnished with a minimum height of24 inches for pipes having a diameter of8, 10, or 12 inches and a minimum TS-14 I I I I I I I I I I I I I I I I I I I height of36 inches for pipes having a diameter of 15 or 18 inches. Minimum height for 5 or 6 foot diameter base sections shall be 48 inches regardless of pipe size. Base sections with 5 or 6 foot inside diameters shall be reduced to 4 foot inside diameter by means of an adapter ring or transition top. The openings in the base section for the accommodation of the pipe shall be cast to , closely confonn to job conditions and shall provide a minimum clearance of three inches (3 ") between the inside bottom the base and outside bottom of the pipe barrel. 2. Riser Section: The riser sections shall be furnished in a minimum of six inch (6") increments and shall be four feet (4') in diameter with, (a) tongue and groove joint to be sealed with approved butyl rubber or bitumastic material, similar to "Ram Nek" as manufactured by K.T. Snyder Co., Inc. Or (b) O-Ring gasket type joint conforming to ASTM C 443, as amended to date. The gasket joint shall be thoroughly cleaned of all loose materials and brushed with an approved Epoxy to give a smooth surface free of any honeycomb. J. Alteration of Manholes: In the event that the manhole has to be altered after delivery to job sit the Contractor may, with permission of the Engineer, connect the pipe to the inanhole with a collar of mortar and brick The opening between the pipe and manhole shall have a minimum clearance of one inch (1") and shall be filled from t~e inside of the manhole with a non-shrink grout. 4. Repaired and Patched Sections: Repaired and Patched sections will not be acceptable unless each individual section so repaired and patched shall have first been inspected and approved by the Engineer, for repair and patching at the manhole plant. Repairs to and patching of O-Ring grooves and shoulders will not be permitted, 5. Absorption: Absorption shall not exceed 9 percent when determined in accordance with ASTM C 497, as amended to date. MANHOLE BRICK: Brick for grade adjustment shall be whole hard burned common brick conforming to ASTM C 32 Grade MS, as amended to date, A maximum of 3 courses shall be used, CONCRETE WORK: Concrete of the respective classes for manhole bottoms, bedding, blocking, head walls, piers and other miscellaneous structures shall be as called for in the work to which they pertain. All concrete work will comply with the Georgia D,O.T. Standard Specifications, 1993. REINFORCING STEEL AND MISCELLANEOUS METAL: Reinforcing steel, structural steel, miscellaneous iron, and steel and iron castings shall confonn to these specifications and shall be as called for in the work to which they pertain. They shall comply with Georgia D.O.T. Standard Specifications, 1993. TS-15 I' I I I' I I I I I I I I I I I I I I I UNLOADING, HAULING, DISTRIBUTING, AND STORING PIPE AND RELATED MATERIALS: The Contractor shall unload, haul, distribute and store pipe and related materials as follows: A Unloading: Equipment and facilities for unloading, hauling, and distributing and storing materials shall be furnished by the Contractor, B. Handling: Pipe, fittings and other materials shall be carefully handled so as to prevent breaking and/or damage. C. Distributing: Materials shall be distributed and placed so as to least interfere with traffic. No street or roadway may be closed without first obtaining permission of the proper authorities. The Contractor shall furnish and maintain proper warning signs and obstruction lights for the protection of traffic along highways, streets and roadways upon which material is distributed. No distributed materials shall be placed in drainage ditches. D. Storage: All pipe, fittings and other materials which cannot be distributed along the route of the work shall be stored for subsequent use when needed. The Contractor shall make his own arrangements for the use of storage areas. I. Ductile Iron Pipe: Ductile iron pipe must be stockpiled on level ground. Timbers must be placed under the pipe for a base and to prevent dirt and debris from washing into the pipe. 2. PVC Pipe: PVC pipe must be stockpiled on level ground. If pipe is unloaded individually by hand, timbers must be used under the pipe for a base, spaced the same ,as factory load; with stop blocks nailed at either end. If pipe is unloaded in units, the units must be placed on level ground and shall not be stacked more than two (2) units high. LOCATION AND GRADE: The line and grade of the sewer, and the position of manholes and other structures shall be as shown on the plans or as directed in writing by the Engineer. The price for trenching shall include the trench 'for the depth below the grade line necessary to lay the sewer to this grade, but measurements for payment will be made only to the grade line. All lines ,and grades shall be laid out by the Contractor from the controlling lines and bench marks established by the Engineer; or from measurements shown. All lines and grades shall be subject to checking by the Engineer but that checking shall in no way relieve the Contractor from responsibility for their correctness. The Contractor shall provide such stakes, materials, labor and assistance as the Engineer may require in laying-out work, establishing bench marks and checking and measuring the work. TS-16 I I I I I I I I I I I I I I I I I I I ORDER OF WORK: The Owner reserves the right to accept and use portions of the work when it is considered to be in the public's interest to do so. The Owner shall have the authority to establish the order in which the lines shall be worked. INSPECTION: All work done and materials furnished shall be subject to inspection by the Engineer or his authorized representative. Improper work shall be reconstructed and materials which do not conform to the requirements of this Section shall be removed from the work upon notice being received from the Engineer of the rejection of those materials. The Engineer shall have the right to mark rejected materials and/or the Contractor shall segregate said materials to distinguish them as such. ORGANIZA TION OF WORK: The Contractor shall so organize his work that backfilling and cleanup shall closely follow pipe laying operations and manhole construction. F or work outside the streets and roadways, work shall be performed in such manner that not more than five hundred (500') feet of trench shall remain open at anyone time. , Failure on the part of the Contractor to comply with the above provisions in a reasonable manner, in the opinion of the Engineer, shall be sufficient cause for the Engineer to order a temporary shut-down offurther trenching and pipe laying operations until the provisions have been met REMOVING AND RESETTING FENCES: At all locations where existing fences must be removed to permit construction of the sewer, the Contractor shall remove the fences and, as the sewer construction progresses, reset the fences in their original location arid to their original'condition. During construction, the Contractor shall provide temporary fencing, or employ other safeguards, which will prevent livestock from wandering to other property, PROTECTION OFOTHER UTILITIES AND STRUCTURES: Damage to existing utility lines, services, poles, and structures shall be repaired or replaced by the Contractor at his own expense, The approximate positions of certain known underground lines may be shown for information. A minimum Clearance often feet (10') horizontal and eighteen inches (18") vertical must be maintained betWeen new sewer lines and existing water mains. Where the above conditions cannot be met, water and sewer lines shall be cast iron or ductile iron pipe with joints staggered such that maximum separation between joints exists. The 'water line shall be installed over the sewer line, where possible. Existing small lines are not shown. The Contractor shall locate existing small lines and' other possible existing unknown utility lines, with an electronic pipe finder and shall excavate and expose all existing underground lines in advance of trenching operations. Removing and relaying of water and/or sanitary sewer lines and appurtenances which constitute an obstruction to the cOmpleted line and grade of the new work, in the opinion of the Engineer, will be TS-17 I I I I I I I I I I I I I I I I I I I, made at the' expense of the Owner, unless otherwise shown on the Drawings to be altered by the Contractor. Removing and relaying of lines and appurtenances other than those related to water and sewer shall be coordinated with the appropriate utility company, Maintain a minimum offifteen (15) feet from buildings and tops of banks oflakes/streams and creeks. PROTECTING TREES, SHRUBBERY, AND LAWNS: Trees and shrubbery along trench lines crossing developed private property shall not be disturbed unless absolutely necessary, subject to approval by the Engineer. Trees and shrubbery to be removed shall be properly heeled-in and replanted. Heeling-in and replanting shall be done under the direction of an experience nurseryman. Care shall be exercised to protect the roots of trees to be left standing. Within the branch spread of the tree, trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. Where sewer trenches cross private property through established lawns, sod shall be cut, removed, stacked and maintained in suitable condition until replacement is approved by the Engineer. Topsoil underlying lawn areas shall likewise be removed and kept separate from general excavated materials and will be replaced at the surface of the trench in back fil.ling. In lieu of removing and replacing sod, the Contractor may, if approved by the Engineer, regrass lawns by seeding or sprigging with grass of the same type as the established lawn. ' BEDDING OF PVC AND DUCTILE IRON PIPE: All pipe shall be laid on foundations prepared in accordance with the following specifications. A. PVC Pipe: PVC pipe shall be laid as specified using the following classes of bedding required for the various type soils and conditions encountered, Bedding for PVC pipe shall be in accordance with ASTM, D 2321, as amended to date, the manufacturers recommendations and these specifications. 1. Bedding Material: Class I Materials shall be used for bedding and haunching in all conditions. Class II, Class ill, Class IV, and Class V materials will not be permitted for bedding and haunching under any condition. 2. Depth of Bedding: Trench shall be undercut to allow for a minimum of six inches (6") of bedding material. Bell holes shall be excavated in the bedding material to allow for unobst~cted assembly of thejoint but care shall be taken to assure that bell hole is no larger than necessary to accomplish proper joint assembly. After joint assembly, material shall be placed under and around the entire length of pipe and compacted. Compaction up to one-half the outside diameter of the pipe and the full width of the ditch shall be of the same material used in the bedding. Backfilling shall then be carried to a point six inches (6") above the top of pipe, using hand tools for tamping. If the remaining backfill material contains large particles which could damage the pipe from impact during placement the initial backfill shall be increased'to twelve inches (12") above the top of the pipe. Puddling will not be allowed as a method of compaction. The rem'aining backfill shall be as specified in "Selected Backfill" and "General Backfill" paragraphs of these specifications. Pipe shall have at least thirty TS-18 I I I I I I, I I. I I I I, I I I I I I I six inches (36") of cover before wheel loading and .at least forty eight inches (48") of cover before using heaVy duty tamping equipment such as a hydrohammer. 3. Definition of Bedding Material: Class I, II, III, IV, and V materials are defined as follows: Class I - Angular 1/4 to 3/4 inches graded stone. Latest revision of ASTM C 33 - Gradation #67 (ASTM #67) or #57 (ASTM #57),are acceptable. Class II - Course sands and gravels with maximum particle size of 3/4 inches including variously graded sands and gravels containing small percentages of fines, generally granular and non-cohesive, either wet or dry. Class ill - Fine sand and clayey (clay filled) gravels, including fine sands, sand-clay mixtures and gravel-clay mixtures. Class IV - Silt, silty clays and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Class V - This Class includes organic soils as well as soils' containing frozen earth, debris, rocks larger than 1-1/2 inches in diameter, and other foreign materials. C, Bedding of Ductile Iron Pipe: Ductile iron pipe for gravity sewers shall be laid as specified using the following type of bedding required for the depth of cover for the various sizes of pipe to be installed. 1. Flat bottom trench on undisturbed earth. Backfill shall be as specified in the "Selected Backfilling" and "General Backfilling" paragraphs. 2. Pipe bedded in 4-inches of select materials (may be excavated material if free from rocks, foreign material and frozen earth). Backfill shall be as specified in the "Selected Backfilling" and "General Backfilling" paragraphs, D. Payment No extra payment will be made for bedding, the cost therefore to be included in the prices bid for sewers. TRENCH WIDTHS: Trench widths and depths (where applicable) for PVC pipe. A. PVC Pipe: The maximum trench widths and depths with the various classes of bedding and required conditions shall be as follows: 1. Trench Width: The maximum clear trench width at the top of the pipe shall not exceed a width equal to the normal pipe diameter plus eighteen inches (18"). If this width is exceeded or the pipe is installed in a compacted embankment, pipe ' embedment shall be compacted to a point at least 2.5 pipe diameters from the pipe on TS-19 I I I I I I I I I I I I I' I I I I I I both sides of the pipe or to the trench walls, whichever is less. 2. Trench Depths: Pipe Sizes 6-lnch to 21-lnch. Inclusive Class of Bedding I % of Proctor Density Range 95 Maximum Height of Cover 30 3. Compaction: If the proper compaction cannot be obtained with materials from trench excavation, the Contractor will be required to obtain them elsewhere. , LAYING GRA VI'rY SEWER PIPE: All sewer pipe shall be laid upgrade, spigots shall point downgrade. The pipe shall be laid in the trench so that, after the sewer is completed, the invert surface shall conform accurately to the grades and alignment fixed or given by the Engineer. The interior of all pipes shall be carefully freed of all dirt and superfluous material of every description, as pipe laying proceeds. Defective joints discovered after laying shall be repaired and made tight Defective pipe shall be removed and proper replacement made. Detectable tape shall be installed during the backfill operation at a point one (1) foot below the final finished grade. The detectable tape shall be a 5.5 mil. Composition film containing,one layer of rrietalized foil laminated between two layers of inert plastic film specifically formulated for prolonged use underground. The tape shall be highly resistant to alkalis, acids, and other destructive agents found in the soil. The detectable tape shall bear a continuous printed message "Caution Sanitary Sewer Line Buried Below". The message shall be printed in permanent ink formulated for prolonged use underground. Letters shall be clearly legible and have a minimum height of 1.2 inches, A PVCPipe,with Elastomeric Joints: Proper implements, tools and equipment shall be used for placement of the pipe in the trench to prevent damage. Under no circumstances may the pipe be dropped into the trench. ,In subfreezing temperatures, caution shall be exercised in handling pipe to prevent impact damage. All pipe shall be carefully examined for cracks, blisters, nicks, gouges, severe scratches, voids, inclusions, and other defects before laying. If any pipe is discovered to be defective after having being laid, it shall be removed and replaced with sound material at the expense of the Contractor, 1. Assembly of Gasketed Joint: The assembly of the gasketedjoint shall be performed as recommended'by the pipe manufacturer. The elastomeric gaskets may be supplied separately in cartons or pre-positioned in the bell joint or coupling at the factory. When gaskets are color-coded, the Contractor shall consult the pipe manufacturer or his literature for the significance. In all cases, the gasket, the bell or coupling interior, especially the groove area (except when the gasket is permanently installed) and the spigot area shall be cleaned with a rag, brush, paper towel to remove any dirt or foreign material before the assembling, The gasket pipe spigot bevel, gasket groove, , and sealing surfaces shall be inspected for damage of deformation. When gaskets are TS-20 I I I I' I I I I I I I I I I I I I I I B. separate, only gaskets which are designedJor and supplied with the pipe shall be used, They shail be inserted as recommended by the manufacturer. Lubricant 'used shall be supplied by the pipe manufacturer and shall be applied as specified by the pipe manufacturer, 2. Lubrication: After lubrication, the pipe is ready to be joined. Good alignment of the pipe is essential for ease of assembly. Align the spigot to the bell and insert the spigot into the bell until it contacts the gasket uniformly. Do not swing or "stab" the joint, that is, do not suspend the pipe and swing it into the bell, T~e spigot end of the pipe is marked by the manufacturer to indicate the proper depth of insertion. Ifundue resistance to insertion of the pipe end is encountered, or the reference mark does not position properly; the joint shall be assembled and the position of the gasket checked. If it is twisted or pushed out of its seat ("fishmouthed"), the Contractor shall inspect components, and repeat the assembly steps. Both pipe lengths must be concentric alignments. If the gasket was not out of position, the Contractor shall verify proper location of the reference mark The reference mark shall be relocated if it is out of position. 3. Field Cut: Field cut pipe to be joined shall be square cut 'using a hacksaw, handsaw or power saw with a steel blade or abrasive disc. The pipe shall be marked around its entire circumference prior to cutting to assure a square cut. A factory-finished beveled end shall be used as a guide for proper bevel angle, and depth of bevel plus the distance to the insertion reference mark The end may be beveled using a pipe beveling tool or a wood rasp which will cut the correct taper. A portable sander or abrasive disc may be used to bevel the pipe end. Any sharp edged on the leading edge of the bevel must be rounded off with a pocket knife or a file. 4. Deflection Testing: The maximum deflection in the installed PVC pipeline shall not exceed 5% of the pipes original internal diameter. Deflection testing will be required using either a defectometer or a "GO-NO-GO" mandrel. The Engineer shall randomly select portions of the pr9ject to.be deflection tested. Such portions shall consist of not less than 5% of the total reaches (Reach being lengths of pipe between two manholes) in the project (excluding house leads). Where deflection is found to be excess of 5% of the original pipe diameter, the Contractor shall excavate to the point of excess deflection and carefully compact around the point where excess deflection was found. The line shall then be retested for deflection. However, should after the initial testing the deflected pipe fail to return to the original size (inside diameter) the line shall be replaced. In the event that deflection occurs beyond the 5% limit in any section of 5% ore more of the reaches test, the entire system shall be tested. Ductile Iron Pipe with Mechanical or Push-On Joints: Proper and suitable tools and equipment shall be used for the safe and convenient handling and laying of ductile iron pipe. TS-21 I I I I I I I I I I I I I I I I I I I Care shall be taken to prevent damage to the exterior coating and interior cement lining. All pipe shall be carefully exaIniried for cracks and other defects before laying. If any pipe or , fitting is discovered to be defective after having being laid, it shall be removed and replaced with sound material at the expense of the Contractor. Whenever pipe is required to be cut, the cutting shall be done by skilled workmen using an abrasive wheel cutter. Use of a cold chisel or oxyacetylene torch will not be permitted. 1. Mechanical Jointing: Mechanical joints shall be made only by experienced mechanics. Sockets and spigots shall be washed with soapy water before slipping gland and gasket over the spigot end of the pipe. The spigot shall be inserted in the socket full depth, then backed off 1/4 inch to provide clearance for expansion. The gasket shall be brushed with soapy water and shall be pushed into position, making sure the gasket is evenly seated in the socket. The gland shall then be moved into position for compressing the gasket. All bolts and nuts shall be made "finger-tight" For joints made in trenches, the bolts shall be tightened to a uniform tightness, using a torque wrench for tightening. Bolts shall be tightened alternately 180 degrees apart. 2. "Push-On" Type Joints: The groove and bell socket shall be thorougWy cleaned and lubricated before the gasket is inserted. Before inserting the gasket, it shall be thorougWy lubricated and manufacturers instructions shall be followed for proper facing and seating of gasket. After the gasket is in place and just prior to joint assembly, a generous coating of lubricant shall be applied to the exposed gasket surface. The lubricant used shall be a lubricant supplied by the pipe manufacturer. The plain end shall be inspected and any sharp edges which might damage the gasket shall be removed by means of a file or a power grinder. Pipe that is cut in the field must be ground and beveled before assembly. Prior to inserting the plain end of the pipe into the bell socket lubricant shall be applied to the beveled nose ofth~ pipe, Small pipe may be pushed home with a long bar but large pipe will require additional power such as a jack, lever or backhoe. A timber header shall be used between the bell and bar or other power to avoid damage to the pipe. During assembly of the pipe, the joint must be kept straight while pushing. Pipe may be deflected if desired but only after the assembly is complete, , 3. Mechanical Joint or Push-On Joint Pipe on Piers: Mechanical or Push On Joint pipe ,may be used on piers in gravity sewer lines. Pipes shall be laid with 1/4 inch Clearance in each joint to provide for expansion, Jointing of pipe shall be as described above, On mechanical joint pipe, the bolts'shall be tightened alternately 180 degrees apart, but be left "finger-tight" until the sewage is diverted into the sewers; then the bolts shall be further tightened a sufficient amount which will prevent slippage which may occur because of temperature stress. TS-22 I I I I I I I I I I I I I I I I I I I BORING AND JACKING Where required by the drawings, the sanitary sewer line will be installed in a steel casing, placed by boring and jacking. Where boring is required under highways, the materials and workmanship will be in accordance with the standards of the State Highway Department or local authority. Boring and jacking under railroads will be governed by the latest ARE.A Standards, Part 5, "Pipelines" and those of the railroad involved. A Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A252, with minimum wall thickness of 0.2]9 inch. Steel pipe will h~lVe a minimum yield strength of35,000 psi. Casing pipe shall be joined together with welded joints. B. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein. C. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. Ifvoids develop or if the bored hole diameter is greater than the outside diameter of pipe by more than , approximately 1 inch, remedial measures will be taken as approved by the Engineer. When installing water lines through casing, the Contractor shall mechanical joint pipe with retainer glands throughout the length of the casing. The sanitary sewer line shall be strapped to treated wooden skids with metal straps throughout the length of the casing. The empty space shall then be filled with sand and the ends of the casing shall be seaied with brick and mortar. PLACING PRECAST CONCRETE MANHOLES OR CONSTRUCTING BRICK . MANHOLES: Precast concrete manholes, brick manholes, or a combination or precast concrete and brick manholes shall be placed or constructed where shown and/or directed by the Engineer. Manholes shall be 4, 5, and 6 feet in diameter as determined from the schedule of pipe sizes and line ,deflections, or as shown. The top of manholes outside of roads, streets, and highways shall be built to grades twelve inches (12") above ground surface unless otherwise shown on the Drawings, Manholes in roads, etc. shall be built to grade designated by the Engineer. Vented manholes shall be constructed to elevations as shown on the Drawings. Brick manholes shall not be used within the rights-of-way of county roads, Manholes shall be placed and/or constructed as follows: , A Precast Concrete Manholes: Precast concrete manholes shall be bedded on not less than six inches (6") of compacted crushed stone at Contractor's expense. The crushed stone shall extend to not less than six inches (6") outside the walls of the manhole; and shall be compacted under entire length of pipe within manhole excavation, TS-23 I I I I I I I I I I I I I I I I I I I D, E., F. 1. Connection of Pipe to Manholes: Connections of pipe to manhole for 4-inch through IS-inch pipe shall be made with a flexible joint system. The joint system shall be a neoprene or synthetic rubber boot or sleeve, either cast or core drilled into the wall of manhole, ' The boot or. sleeve shall be clamped and seated to the pipe with a stainless steel band. The boot or sleeve system shall be "Lock Joint Flexible Manhole Sleeves" as manufactured by Interpace Corporation, Parsippany, New Jersey, or , "KOR-N-Seal" as manufactured by National Pollution Controt Systems, Inc., Nashua, New Hampshire or equal. Connections of pipe to manhole shall have a minimum clearance of one inch (1 ") and shall be filled from the inside of the manhole with a Non-shrink grout. 2. Adiustment: The top of the concentric top section shall have a minimum wall thickness of eight inches (8 ") to accommodate brick courses for height adjustment. A maximum of three (3) brick courses will be allowed for adjustment of manhole to required grade. B. Drop Connections: Drop connections will be required, where called for on the Drawings, or as determined by the dimensions shown in "Drop Manhole Schedule", shown on the Drawings. Drop pipe shall not be smaller than 8 inches, Generally drop pipe shall be one size smaller than the sewer which they serve. Openings in walls of precast concrete manholes for drop connections shall not be made at joints. Drop connection fittings and riser pipe shall be encased in brick and mortar or formed Class "C" concrete. Drop connections for both brick and precast concrete manholes shall conform with typical details as shown on the Drawings. Drop connections shall be carefully backfilled to prevent dangerous side pressure, C. Manhole Inverts: Manhole inverts shall be carefully constructed with cement grout, Class "B" concrete, or cement mortar brickwork; special care shall be taken to lay the channel and adjacent pipes to grade., Cement mortar shall be made of one (1) part cement and two (2) parts clean sharp sand. Channels shall be properly formed, rounded, and troweled smooth. The connections of the sewer with the wall and channel of the manhole shall be tight and smooth. ' Manhole Steps: Manhole steps shall conform to the details shown. Steps for brick manholes shall be installed along a vertical centerline; on approximately 15" centers. Steps shall be firmly and securely built into inanhole walls as brickwork proceeds, Steps for precast concrete manholes shall be installed along a vertical centerline, on approximately 14" to 16" centers. Future Sewer Connections: Where shown, a twelve inch (12") long pipe stub for future sewers, of such size as any be designated, shall be laid to proper grade and alignment and plugged with a factory plug with same type joint as used on the sewer pipe. Manhole Frames and Covers: Manhole frames and covers shall be as detailed and shown on the Drawings and as called for in the proposal and shall include setting to finished grade as required, and grouting in place. TS-24 I I I I I I I I I I I I I I I I I I I CONNECTIONS TO EXISTING SEWERS: At locations where new sewers are shown to be connected to existing sewers' at a new manhole, the Contractor shall first expose the existing sewer and install a supporting timber beam with suitable straps around the pipe so as to bridge the excavation for the new manhole. The manhole shalt then be constructed complete with invert and frame and cover. Under special conditions, the Contractor may temporarily block and/or divert sewer flows to facilitate the construction operations. Actual physical connection of the sewer will be made at a later date, as directed. HIGHWAY CROSSING: The Contractor shall install pipe lines across highways in accordance with the applicable regulations of the State Highway Department and as shown on the Drawings. CONCRETE PIERS: Concrete piers for ductile iron pipe shall be constructed of Class "A" concrete, and shall be constructed as shown on the Standard Detail Drawing. If rock is encountered, piers supporting pipe lines across streams shall be anchored into the rock, as shown on the Detail Drawings, so as not to resist overturning during periods of flood stages in the stream. Holes not smaller than two and one- half inches (2 WI) in diameter by two feet (2') deep shall be drilled into the rock after excavation for the footing ,is complete; No.6 reinforcing bars shall be embedded in grout made with high-early strength cement poured into the holes. In wet holes, grout shall be deposited with a tremie. Straight bars shall be used, and shall be bent over for anchorage after the concrete has attained its full strength. Where unusually poor soil conditions are encountered, the Engineer may direct that spread footings of concrete be constructed, or that pin piles be driven for support of piers. CLOSING PIPE: When the work of pipe-laying is suspended for the night, and at other times, the end of the sewer shall be closed with a tight cover. The Contractor shall be responsible for keeping the sewer free from obstruction, TESTING AND CLEANlNG: Before aCceptance of any sewer or systems of sewers, lines shall be cleaned and tested in accordance with these Specifications. Where any obstruction is met, the Contractor will be required to clean the sewers by means of rods, swabs, or other instruments. Lines and manholes shall be clean before final inspection. Pipe lines shall be straight and show a uniform grade between manholes, The Contractor shall be required to correct any variations therefrom which may be disclosed during the inspection. New Sewer Lines shall be inspected through use of camera inspection equipment with an Augusta Utilities Department Inspector at time of installation and again before the one-year warranty expires. LEAKAGE TESTS: All sewer lines, including in-house service lines, shall be tested for leakage, in the presence of the engineer or his representative, before being placed into service. These shall, be conducted by one or TS-25 I I I' I I I I I I I I I I I I I I I I a combination of the following three methods: A. Infiltration Test: Where natural ground water levels staild a minimum of two feet (2') above the top of the pipe, the amount of leakage may be determined from measurements made at the lower end of the sewer section under test. Sewers above the test section shall be closed before testing by the installation of suitable watertight bulkheads. The length of the test section shall be determined by the Engineer. The average of six readings at five minute intervals will be used to determine the rate of infiltration for anyone test section. The rate of infiltration of ground water into any test section of sewer, including manholes, shall not exceed the following: Size of Sewer 8" 10" 12" 15" 18'" 21" 24" 30" Gallons Per 24 Hours Per Foot of Sewer 0.30 0.38 0.45 0.57 0.68 0.80 0.91 1.14 B. Exfiltration Test: Where natural ground water levels do not stand two feet (2') above the top of the pipe, an exfiltration test shall be conducted on each section of the sewer. The test shall be performed up to an average maximum hydrostatic head of ten feet (10'). The test shall be conducted in the following manner. The ends of the pipe in the test section shall be closed with suitable watertight bulkheads. Inserted into each bulkhead at the top of the sewer pipe shall be a 2-inch pipe nipple with an , elbow. At the upper end of the test section a riser pipe shall be installed, The test section of the pipe shall be filled through the pipe connection in.the lower bulkhead which shall be fitted with a tight valve, until all air is exhausted and until water overflows the riser pipe at the upper end, Water may be introduced into the pipe twenty-four (2) hours prior to the test period to allow complete saturation. House service lines, if installed, shall also be fitted with suitable bulkheads having provisions for the release of air while the test section is being filled with water. During the test period, which shall extend over a period of thirty (30) minutes, water shall be introduced into the riser pipe from measured containers at such intervals as are necessary to maintain the water level at the top of the riser pipe, The total volume of water added during the thirty (30) minute test period shall not exceed that shown for infiltration in (a) above, C. Low Pressure Air Test: Where sewer grades are such that preclude performance of the exfiltration test or at the Contractor's option, a low-pressure air test shall be conducted on each section of sewer after completion and before acceptance. TS-26 I I I I I ,I I I I I I I I I I I I I I Prior to air testing, the section of sewer between manholes shall be thoroughly cleaned and wetted. Immediately after cleaning or while the pipe is water soaked, the sewer shall be tested with low pressure air. At the Contractor's option, sewers may be tested in lengths between manholes or in short sections (25 ft. or less) using Air-Lock balls pulled through the line from manhole to manhole.! Air shall be slowly supplied to the plugged sewer section until internal air pressure reaches approximately 4.0 psi. After this pressure is reached and the pressure allowed to stabilize (approximately 2 to 5 minutes), the pressure may be reduced to 3.6 psi before staring the tests. Ifa 1.0 psi drop does not occur within the test time, then the line has passed the test. If the pressure drops more than 1.0 psi during the test time, the line is presumed to have failed the test and the Contractor will be required to locate the failure, make necessary repairs, and retest the line. Minimum test time for various pipe sizes, in accordance with ASTM C 828, as amended to date, is as follows: Nominal Pipe Size (Inches ) 8 10 12 I~ 18 , 24 30 T(time) Min/lOO Feet 1.2 1.5 1.8 2.1 2.4 3.6 4.8 Required test equipment include Air-Lock balls, braces, air hose, air source, timer, rotometer as applicable, cut-off valves, pressure reducing valve, 0-15 pressure gauge, 0-5 pressure gauge with gradations in 0.1 psi and accuracy of ::l:2%, The 'Contractor shall keep record of all tests made. Copy of such records will be given to the Engineer or the Owner. Such records shall show date, line number and stations, operator and such other pertinent information as required by the Engineer. The Contractor is cautioned to observe proper safety precautions in performance of the air testing. It is imperative that plugs be properly secured and that care be exercised in their removal. Every precaution shall be taken to avoid the possibility of over pressurizing the sewer line. D. Repairs: All visible leaks shall be repaired regardless of whether infiltration, exfiltration or air test is within allowable limits, No sewer will be accepted until leakage tests demonstrate , compliance with one of the above leakage test methods. CLEANING UP: Before the work is considered complete, all material not used, and rubbish of every character must be removed from the project. All streets, sidewalks, curbs, fences, and other private or public facilities and structures disturbed must be in essentially as good condition as existed before the work was done. Any subsequent settlement of backfill or pavement over trenches shall be replaced by the Contractor and the surfaces brought to grade. TS-27 I I I' I I I I I I I I I I I I I I I I ACCEPTANCE OF WORK: Sewer lines and appurtenances will not be considered ready for acceptance until all provisions of the Specifications have been complied with, until all tests have been satisfactorily completed, and until inspection of the work has been made. S~wage flows shall not be diverted into new sewers until after such time as final inspection of the lines has been made by the Engineer, and permission grated therefor. PAYMENT: All items included in these Specifications shall be paid for at the unit prices shown in the bid form. , No separate payment will be made for items not shown. SECTION T-8 - GRASSING SCOPE: This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of common Bermuda grass on all areas off the site disturbed by construction operations, SEED BED PREPARATION: Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform ' drainage after establishment of the turfbefore tillage is begun, Graded surfaces will be maintained in a smooth and even condition until the required cover is established, After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to' a depth ofleast six (6) inches by plowing, disking, harrowing, or other approved methods, until the tillage is acceptable as suitable for seeding. 'During tillage operations, the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting, or subseqlient maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun. FERTILIZATION: Fertilization shall be distributed unifonnly at a rate of 1,500 pounds of commercial 10-10-10 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart of the tillage operation specified above, or a part of the hydro seeding procedure as described below: Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the rate of2,000 pounds per acre and shall be incorj>orated into the soil to a depth of at least three inches by disking, harrowing, or qther acceptable methods. The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above, TS-28 I I I I I I I I I I I I I I I I I I I Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. 'Nitrate of Soda shall be commercial product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial' types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. SEEDING: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following. methods: B~tween the dates of April 15 and September 15, Hulled Common Bermuda seed and Top Millet seed shall be applied at a rate of 40 pounds of seed per acre. Ifseeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed shall be applied at a rate of 40 pounds of seed per acre simultaneously with Abruzzi Rye seed at a rate of 200 pounds per acre. - Seed may be applied by means of a Hydroseeder or other means approved by the Engineer. COMPACTION: Immediately after seeding operations,have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air,pockets toa minimum. The completed planted areas shall be left with a firm, even surface, free from abrupt humps and hollows, and to the established grade. MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the rate of 1 ~ tons per acre, except where hydroseeding is employed using cellulose mulch mixed with the seed and fertilizer. ACCEPTANCE: Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds ,are not dominant. APPLICABLE SPECIIFICA TIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications for Highway Construction of the Georgia Department of Transportation, Edition of 1972. TS-29 I I I I I I I I I I I I I I I I I I I MEASUREMENT - PAYMENT: Work performed under this section will be paid for at the lump sum price for Grassing,appearing in the Proposal Bid Schedule. Payment therefor will include full compensation for all materials, labor and equipment required to establish the required permanent stand of grass. TS-30 I~'-;l=-~;~::: 1-2~:"~:;: 03 -_.I~_--~::m;~:~:AS I :~-='~~~- -..,v V'7--' 7063124602 P. 01/03 I I I I I I I I I I I I I I I I Ii I SECTION P PROPOSAL Date: ~j7/o I Gentlemen: In compliance with your invitation for bids dated 51.3/0 I . the undersigned . , hereby proposes to furnish al11abor, equipment, and materials, and to perform aU work for the instaJ1ation of streets, and appurtenances referred to herein as: :Mike Padgett Highway Sanitary Sewer Extension Project: S-l2H in "strict accordanCe with the Contract Documents and in consideration of the amounts shown on the Bid Schedule atta&hed hereto and totaJi~~: TWD Hu,.uI)IFtJ SevEWTV - "-'1,..6 7lIo1tUAwt1 J Tc.lc H~,u DIlFD F 'FTY- ,wD A"'~ l~DO 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 Documents. The undersigned further agrees that, if awarded the contract, he will commence the work within -1Q.. calendar days after the date of written notice to proceed, and that he will complete the work withinJ.2Q.. working days after the date af such notice. ' The undersigned acknowledges receipt of the following addenda: 4:/: If.:#: 2.. Respectfully Submitted, fVlA-&.c.s tSl4TIft.ti C4N..sr,etAl!n,,~.~ (Name afFirm) t:f ZD ,1'f au. y /lJ IV~ M , (Business Address) Aut,. vI r~ 6-11 3D 9tJ I (City, State & Zip) BY~~~ Title: p~ P-l I I I I I I I I I I I I I I I I I I ~~'5129101 II .. \, < RECEI.VED: 6/12/01 9:08; ->CH2M HILL; #544; PAGE 2 JUN-11~2001 22:03 ARC PURCHASING 7063124602 P.02/03 SANITARY SEWER EXTENSION Project No.: S~12H ITEM NUMBER '" DESCRJP110N QUANTITY UNIT UNIT PRICE TOTALAMOUNT ' n. I ~1CXD lump Sum ConstnJctJon 1 Lump Sum 2 ~. S'O/J,cO '2." rOD .00 , . . " CXD-9001 So~ ErosIon & Sediment Control 1 Lump Sum 3J~-co. 0 C 3"Soo. 0 0 cx::o.ooJ2 Road CUbiI & Repair, Complete 1950 Sq Yds 2s:oo '/ B} 7.5-tJ. 00 " (XX)...Enl'3 Reproducible As-Bullt 1 Lump Sum J. '2.00.00 I , 2oo.~ Cl . . 400-8116 Ovettay far Road Repair 11fZ' Type E 2S3B Sq. Yds ,Lf, 0 C) /0, 1 S"2... 00 441-m12 fi' X 24" Cone. Curt llnd Gutter 1400 Un Ft /2.. 7 ~ /7. 8~ If. (J{J . 61~ Tie to Existing Sanitary sewer Manhole :3 Each '10 U-. "2.1 ~ 0 1~. b 3 . 600-0006 6" Sanitary Sewer Serivce 820 UnR / Z. 31 10, (Jqlf.. 2. 0 . 6W.e993 6" Clean Outs :30 Each /02. '1'1 3/012..30 66O-CXXlBA 8" FlVC Sanflary Sewer 3268 UnFI 1f5.iDl fDo, f /7. 'f8 66O-CXX:l8B 8" DIP SanitaJy Sewer 610 UnR 23. 2..) Iq.. 18l.. StJ - 668-3D) SanItary Sewer Manhole 11 Each L ~'f'..lfD /j; '2-/ -" fjt) . 77D-mJ1 Grassing complete 1 Lump Sum s: 000. 00 Sjooo,oo . 207-cx:m Foundation Back1llJ Material, TYPe I , [XXX) Cubic Yard 'f.oo tfo, 000. 00 . 615-HXD Jack' & Bore. Complete, Inel. Casing 220 Un Ft /07...13 '2. '2.. t ~ '2. 2.. Ie 0 . (J) S".3 -t)OJlll 'tH~~ ~t.A$.-r~~ ,DA-v~'1' g s.Y CD 1... ~ c - Soc. co \ .s 7/1..' (J 111"-1 (,.. h, TOTAL 27CJ. GS"2.. J l . A;J,4t1dJ~6T$If ~~J7:~. CONTRACTOR P~2 RECE+VED: 6/12/01 9:08; ->CH2M HILL; #544; PAGE 3 I I I I I I I I I Ii I I I I R I I I I JUN-11-2001 22:03 ARC PURCHASING 7063124602 P.03/03 MIKE PADGETT HIGHWAY SANITARY SEWER EXTENSION eroject No.: S-12H ADDITIONAL ITEMS OF CONSTRUCTION TO BE PERFORMED BY THE CONTRACTOR, IF REQUIRED, AS DETERMINED BY THE ENGINEER: (PLEASE STATE UNIT PRICES): ~ .unit Unit Price Total 1. Select Refill Material: 10 Ton J !j.~i:} ISo.oo Stone - Type II Rock Excavation* 10 Cubic Yds W ~ ,rP Ct,S-O.OO . -Note: rock excavation is defined as earth material encountered during excavation which cannot be removed or excavated with nonnal excavation equipment. The quantity of rock'excavation work will be computed by the engineer on the basis of measurements taken by the engineer. FAILURE TO QUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS MAY CAUSE THE BID TO BE REJECTED!! P-3 TnT". 0 rA"7 I I B/D BOND I Conforms with The American Institute of Architects, A.I.A. Document No. A-310 I KNOW ALL BY THESE PRESENTS, That we, Mabus Brothers Construction Company, Inc. = = I and "Ie Travelers CaSUalty and Surety Company of America as Principal, hereinafter called tile Principal, I , of Hartford, CT I the laws of tile State of Connecticut , " Surety, hereinafter catled the Surety, are hetd and finnly bouud Unto - , a corporation duly organized under I Dollars ($.Ien Percent of Bid J, for die payment ofwltich SUm well and Uuly to be made, the said Principal and tile snid Surety, bind ou"e1ves, om hei", '."cuto", administrmo", successo" and assigns, join"y and "ve"Hy, finnty by these prese"ts. in d" Stm, of Ten Pe rcenl of Bid _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The City of Augusta Purchasing Department I NOW, THEREFORE, if tI" Obligee shaH accept the bid nf tI" Principal and "" Principal shall "H" into a Contract with "Ie Obligee in accordance with "" tenns of sucl, bid, and give Such bond or bonds as may be specified in the bidding or Contract Documents wi", good and snfficiont s",ety'fnr "Ie "I"hlill perfonnance nf Such Contract and for "" prompt payment of labor and material furnished iu d" prosecution tllereof, nr in "" eVent bfthe failure of tile Principal to enter Such Contract and g;,~ sneh bond I or bauds, if the Principal shall pay ID the Obligee tI" difference not to eXceed "" penatty herenf between "" amOunt specified in said bid and Such larger amount for which the Obligee may in gnnd fuith Contr.l" lviti, another party to perfonn "Ie Work Covered by snid bid, tllen "'is obligntion shaH be nulI and void, o">envise to remaiu iu ""I foree and effect ligUed und ""Jed "'is - 7th _ day of _ June 2001 Mabus Brothers Construction Company, Inc. WHEREAS, "Ie Principal ltas snbmitled a bid [or Mike Padgett Highway Sanitary Sewer Extension -' = ( as Obligee, hereinafter called tile Obligee, ~~~v I Witness Travelers Casualty and Surety America { ;(/ ~L/ /. ' By Jt.,~/ v ~~d~_...... Witness I ~ 2' ,/i4z'P'! ~~~ AttorneY-in-Fact t-12/OO I TRAVELERS CASUALTY AND SURETY COMPAJ.'\TY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 I I POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-lN-FACT I KJ.'fOW, ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLlNOIS, a corporation duly organized under the laws of the State of illinois, and having its principal office in the City of Naperville, County of DuPage, State of illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R Williams, Cynthia M. Ward or Renee A. Lauth * * I I of Atlanta, GA, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instruinent(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto I I and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the dUly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. g This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: ' I VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any <;!econd Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact .d Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing anda copy thereof is filed in the office of the Secretary, VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, o I I I This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards, of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLlNOIS, which Resolution is now in full force and effect: I I VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate rdating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, I I I (8-97) -. .. -.. -. AlA Document A3l 2 Performance Bond Bond 11 5B03602315 Conforms with the American Institute of Architects, AlA Document A312, Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicaple, CONTRACTOR (Name and Address): Mabus Brothers Construction Co" Inc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): The City of Augusta 360 Bay St, Suite 100 Augusta, GA 30901 CONSTRUCTION CONTRACT Date: '::fu. \ ~ '3 I~l Amount: $279,252:00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Project No: S-12H - Mike Padgett Highway Sanitary Sewer, Augusta, GA BOND Date (Not earlier than Constmction Contract Date): Amount: $279,252,00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: ""'7"'-" (Corporate Seal) . . ~ I " -r' ", Mabus Brothers Con.str tion Co . ~~.." '/, ~ ~~ --- ~ .- ~ ......... Signahi'fe:' ,.. Nam~fi'i\d Ti~ " ~.0":BC:)Ol-SBV - ----, ~,t..;~...- -- A . - (Any 1idditional' sig.!.1-(~tur ,.appear on page 2,) ~~-, ~..~ <:,' (FOR INf,Q.I~-MATrO_N0~~EY - Name, Address and , TelephoneH~GENT6(BROKER: Palmer & Cay of Georgia, Inc p, 0, Box 52427, Atlanta, GA 30355/404 504 8150 1 The Contraetor and the Surdy, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner rilr the perfonnance of the Construction Contract, which, is incOllJorated herein by reference, 2 If the Contractor perlonns the Constmction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conterences as provided in Subparagraph 3,1, 3 If there is no Owner DelimIt, the Surdy's obligation under this Bond shall arise alter: 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 Deli:IU1t and has requested and attempted to ilITange a wnli.:rence with the Contractor and the Surdy to be held not later than filteen days aller receipt of such notice to discuss methods of performing the Constmction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-1852/GEEF10/99 Page 1 of 2 ~ None D See Page 2 SURETY .~ .; , Company: Travelers Casuallty (Co,rp.orate Seal) and Surety Company of America . ':';;, J. J Signature: u/A t/~ ~,,/ Name and Title: W, G. Van Buskirk, Attofn~{in Fact :../',.. ",...~.,._~ ,..,4" OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): perfonn the Construction Contract, but such an agn::t:ment shall not waive the Owner's right, if any, subsequently to declare a Contractor DdilUIt; and 3.2 The Ownt:r has declared a Contractor Ddault and Jonnally knninatec! the Contractor's right to complete the contract. Such Contractor Ddillllt shall not he declared earlier than twenty days alter the Contractor and the Surdy have rect:ived notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the knns of the ConstTIlction Contract or to a contractor selected to pertonn the Construction Contract in accordance with the knns of the contract with the Owner. 4 When the Owner has satistied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the Ic)llowing actions: 4.1 Anangc for thc Contractor, with consent of the Owner, to perf ann and complete the Construction Contract; or 4.2 Undertake to perlonn and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals li'OIn qualilied contractors acceptable to the Owner lor a contract lor perlonnance and completion of the Construction Contract, arrange lor a contract to be prepared lor execution by the Owner and the contractor selected with the Owner's conClllTence, to be secured with perfonnance and payment bonds executed by a qualilied surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting li'OIn the Contractor's delillllt; or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 Allcr investigation, detennine the amount lor which it may be liable to the Owner and, as soon as practicable aileI' the amount is determined, tender payment therelor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefi.Jr. 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 liHeen days aileI' receipt of an additional written notice tram the Owner to the Surety demanding that the Surety perlonn its obligations under this Bond, and the Owner shall be entitled to enlorce any remedy available to the Owner. [I' the Surety proceeds as provided iil Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without Illliher notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 Aller the Owner has tenninated 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 shal! not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surdy is obligated without duplication for: 6.1 The responsibilities of the Contractor le)r con'ection of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting li'OIn the Contrm:tor's Delimit, and resulting li'om the actions or lililure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perfonnance or non-perfonnance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others lor obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set olT on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors, 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, 9 Any proceeding, legal or equitable, under this Bond may be instituted in any cOUli of competent jurisdiction in the location in which the work or part of the work is located and shal! be instituted within two years aner Contractor Delillllt or within two years aner the Contractor ceased working or within two years after the Surety refuses or fails to per/ann its obligations under this Bond, whichever occurs lirst. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address s'hown on the signature page, 11 When this Bond has bcen fumished to comply with a statutory or other legal requirement in the location where the constmction was to be pertonneel, any provision in this Bond contlicting with said statutory or legal requirement shall be deemed deleteel here/rom and provisions conlonning 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 Constmction Contract aner all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwecn the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto, 12.3 Contractor DelimIt: Failure of the Contractor, which has neither been remedied nor waived, to perlonn or otherwise to comply with the terms of the Construction Contract. 12.4 Owner DelimIt: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as rcquired by the Constmction Contract or to perleJIln and complete or comply with the other tenns thereof (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1852/GEEF 10/99 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 '. AlA Document A312 Bond 11 5B03602315 Payment Conforms with the American Institute of Architects, AlA Document A312, An)' sinb'l.llar reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, Bond CONTRACTOR (Name and Address): Mabus Brothers Construction Co" Inc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): The City of Augusta 360 Bay St, Suite 100 Augusta, GA 30901 CONSTRUCTION CONTRACT Date:-::S- v.\ ~ '3. ~DO \ Amount: $279,252.00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Project No: S-12H - Mike Padgett Highway Sanitary Sewer, Augusta, GA BOND Date( Not earlier than Constmction Contract Date): Amount: $279,252,00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: ,"'. ~.-:'-::'~~'" , (Corporate Seal) Mabus Bro,ttiers Cons'c~i.9n> C ~~.~~- .'~~""'P--7' ~....~- , ~ Signatllfef ,-,- ^ ,:; ': f:' r. Name a~ja~TiJleb'z.4" y &~~'-ssy V. P. (Any add!Siona~ sigl), ",I,res 'l~p'e,)r on page 2,) (FOR INF'@~:AT,fQti~<?$\Y - Name, Address and , Telephone) A:GJ;l;JT~r !3R0KER: Palmer & Cay of Georgia, Inc p, 0, Box 52427, Atlanta, GA 30355/404 504 8150 1 The Contrador and the Surety, jointly and severally, bind .lhemsdvcs, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished lor use in the perJiJflmlllce of the Construction Contract, which is incorporated herein by reference, 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, lor all sums due Claimants, and 2.2 Defends, indemnities and holds hannless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment lor labor, materials or equipment fumished li)r use in theperlonnance of the Construction Contract, provided the Owner has promptly notitied 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 DelimIt. SURETY 5026 (6-92) S-1853/GEEF 3/00 Page 1 of 2 ~ None o See Page 2 SURETY Company: Travelers Casualty ":.. :" (Corporate Seal) and Surety Company of America ,: ': i ~~ J - " /(J ,4=;'~,\'/':/ Signature: ~ 't/~/~. Name and Title: W. G, Van Buskirk, Attorn~y in Fact '""..'_. .,.~,..'N.,...~.-----!' ~ OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, tor 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 thereot: to tile 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 fumished written notice to the Contractor and sent a copy, or notice thereot: to the Owner, within 90 days atter having last pertonned labor or last li.1mished materials or equipment included in the claim stating, Witll substantial accuracy, the amount oCthe claim and the name oCthe party to whom the materials were ti.1mished or supplied or tor whom the labor was done or perfonned; and " .2 Have either received a r~jection in whole or in par1 Irom the Contractor, or not received within 30 days of furnishing the above notice any communication Irom the Contractor by which the Contrm:tor has indicated the daim will be paid directly or indirel:tly; and .3 Not having been paid within the above 30 days, have sent a written notil:e to the Surety (at the address described in Paragraph 12) and sent a l:OPY, or notil:e thereof, to the Owner stating that a claim is being made under this Bond and endosing a l:OPy of the previous written notil:e Ii.lrnished to the Contractor, 5 If a notil:e required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sunil:ient wmplianl:e, 6 When the Claimant has satislied the l:onditions of Paragraph 4, the Surdy shall promptly and at the Surety's expense take the following al:tions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days aileI' rel:eipt of the claim, stating the amounts that are undisputed and the basis lor challenging any amounts that arc disputed, 6.2 Payor arrange lelr payment of any undisputed amounts, 7 The Surety's total obligation shall not eXl:eed the amount of this Bond, and the amount of this Bond shall be l:redited lor any payments made in good l~lith by the Surety, 8 Amounts owed by the Owner to the Contral:tor under the Construction Contral:t shall be used for the perlonnance of the Construction Contral:t and to satisfy claims, if any, under any Constmction Perlonnance Bond, By the Contractor tUl11ishing and the Owner accepting this Bond, they agree that all ti.lIlds eal11ed by the Contractor in the pertemnanl:e of the Constmction Contract are dedil:ated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the li.mds for the completion of the work, 9 'Ille Surdy shall not be liable to the Owner, Claimants or others, for obligations of the Contractor that are unrelated to the Construl:tion Contmct. The Owner shall not be liable Ic)r payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf ot: or otherwise have obligations to Claimants under this Bond, 10 'nle Surety hereby waives notil:e of any l:hange, induding changes or time, to the Construction Contmct or to related subcontracts, purchase orders and other obligations, 11 No suit or al:tion shall be wnunenced by a Claimant under this Bond other than in a court of wmpelent jurisdiction in the IOl:ation in whidl MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or alter the expiration of one year li-OIn the date (I) on whil:h the Claimant gave the notice required by Subparagraph 4, lor Clause 4,2,3, or (2) on which the last labor or service was pertemned by anyone or the last materials or equipment were Ii.lrnished by anyone under the Construction Contract, whichever of (I) or (2) tirst Ol:curs, 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 applil:able, 12 Notil:e to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contrm:tor, however accomplished, shall be sullil:ient l:omplianl:e as of the date received at the IIddress shown on the signature page, 13 When this Bond hilS been li.lrnished to wmply with a statutory or other legal requirement in the IOl:lItion where the construction WIIS to be pertonned, IIny provision in this Bond contlil:ting with said statutory or legal requirement shall be deemed deleted herefrom and provisions wnlonning to SUdl statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be wnstrued as a statutory bond and not as a l:onunon law bond, 14 Upon request by any person or entity appearing to be a potential benelil:iary of this Bond, the Contral:tor shall promptly furnish II copy of this Bond or shall permit a wpy to be m~lde, 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to turn ish labor, materials or equipment for use in the pertonnilllce of the Contract, The intent of this Bond shall be to include without l'iInitation in tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone servil:e or rental equipment used in the Construction Contnll:t, ardlitcctural and engineering servil:es required for perlellTnance of the work of the Contmctor and the Contractor's subl:ontractors, and all other items l<lI' whidl a mechanil:'s lil:n may be asserted in the jurisdiction where the labor, materials or equipment were ti.mlished, 15.2 Construction Contral:t: The agreement between the Owner and the Contractor identilied on the signature page, including all Contract DOl:Uments and changes thereto, 15.3 Owner Del~iUlt: Failure of the Owner, whil:h has neither been reml:died nor waived, to pay the Contral:tor as required by the Constnll:tion Contract or to pertellTl1 and complete or comply with the other tenns thal:of, (Space is provided below for additional signatures of addcd partics, othcr than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Namc and Title: Address: S-1853/GEEF 3/00 (Corporate Seal) Signature: Name and Titlc: Addrcss: Page 2 of 2 ., ~... ;. .... TRAVELERS CASUALTY At"ffi SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNITNGTONCASUALTYCOMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTOR.t~EY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute,and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R Williams, Cynthia M. Ward or Renee A. Lauth * * of Atlanta, GA, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now'in full force and effect: ' VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indenmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, ' VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature' of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards' of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, ,<~" , ~..<~-- -..----. :;- ". .- ....... - -- :::. :'- ~... -.. 1'...... _ 3 ~: --:-"'" ;;~... ...- -- =- -...: _. ~ (8-97) -::.. /-,...... :;.<\~~~:-~. -, ...' . "t""~_...,.~_:.....~~I'>" ," j{cOFfjj"'::::::WS:t!'ljI:I::i{I::::I::Jj::ItI:::::~:I::::::~::::::'I\::jt::I:'I"'l:::::I':;;J.;::::::I':''i(~g;:~::::~:11:::1:::1):.::1:1::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::{"""DAT'~'(~~/D~-;;;;;. " ,',",',:,',",',:,',',:'::':,',:,",:':'.:'::':,:~,',,,:::::::::f:!~t5:fsMJ::::,:5:,,:~:m}l::::mf:~:5:::::::M:::lIl::/~ii):~t:::!::::(:lM&l:~:mm'Y:Nt:Hi:::)))'(((((((((((:::::))'(:))'( 7/18/01 PRODUCER 404-231-9595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Palmer & Cay of Georgia, Inc. 3348 Peachtree Road, N.E. Suite 1 400 Atlanta, GA 30326 COMPANY A Transportation Insurance Co INSURED Mabus Brothers Construction Co 920-B Molly Pond Road Augusta GA 30901 COMPANY B Valley Forge Insurance Co COMPANY C National Union Transcontinental Insurance Co THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDIYY) DATE (MM/DDIYY) A GENERAL LIABILITY 30240706-01 6/30/01 6/30/02 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2000000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000 X XCU INCL FIRE DAMAGE (Anyone fire) 50000 X AG PER PRJ MED EXP (Anyone person) 5000 B AUTOMOBILE LIABILITY 1071B09821GA 6/30/01 6/30/02 COMBINED SINGLE LIMIT X ANY AUTO 1030240723SC 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per personl X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY- EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ C EXCESS LIABILITY BEB716086 6/30/01 6/30/02 EACH OCCURRENCE 6000000 X UMBRELLA FORM AGGREGATE 6000000 OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND 30240740-01 6/30/01 6/30/02 EMPLOYERS' LIABILITY 100000 EL EACH ACCIDENT THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE 100000 A OTHER 30240706-01 6/30/01 6/30/02 $150,000 Leased or Rented Equipment $100,000 Maximum Per Item $250.00 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS PROJECT: MIKE PADGETT HIGHWAY SANITARY 5EWER;PROJECT# 5-12 H :pw.:tr1f1.9.#.!tjjilgkPjft.:m:m::::m:m::m:m::::':::::::::tt::m:m:m:::m:::m:m:tm:m:m:m::::::::::::::::::::::::m:::m:ttt::{:::m:m:::::::::::::::::::::m:::::::{:::::~*MMt.t*jjlpN:::{m:::::m:::::::::::::m:::::::::t:::::::::m:::m:t::::::::::::m:::::m:t::::?:::m:::tm:::::::::::::::::t:::::?::?::){:?:m:::t:::. THE CITY OF AUGUSTA A TTN: PROGRAM MANAGEMENT TEAM 360 BAY STREET, SUITE 100 AUGUSTA, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ::APQ:RP.:2~~$:::h:t$;$.r{{j:):::::::::j:j:{{:):::j:j:j::j\:::'\:i:::::::::(::::::::)::j::::::/:::j:::::::::::):{:j:::::::,:::'i'w::::i'M///((":::::::::::::::;::r:'..""::' ":'::';'::':':":::':"':/W:AP'&ijb.:::P'&jij&Mt~QN.JHi~:::