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Home My WebLink AboutOLIVE ROAD SEWER PROJECT , 7 ~'- IJ~r;( Ej30~f379 CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS for OLIVE ROAD SEWER PROJECT Augusta Utilities Department Project No. 50224 Prepared For: Augusta-Richmond County Commission 530 Greene Street Augusta, Georgia 30911 (706) 821-1706 Prepared By: KHAFRA Engineering Consultants, Inc. January, 2005 ~AFRA Augusta Utilities Department N. Max Hicks, P.E., R.L.S., Director Engineering and Construction Division 360 Bay Street, Suite 180 Douglas A. Cheek, P.E., Asst Director Augusta, Georgia 30901 (706) 312-4132 Fax (706) 312-4133 www.augustaga.gov March 18, 2005 Phyllis Mills Augusta, GA Purchasing 530 Greene St Augusta, GA 30901 Re: Olive Rd Sewer, AUD #50224 Addendum #3 Phyllis, Enclosed are the notes that constitute Addendum #3 for the Olive Rd Street Sewer. Attached to this addendum are: 1. A revised bid schedule. 2. A revised measurement and payment section. Specifically, the notes for the bidder are: 1. The revised quantities for the project DO NOT include Calvary and Sullivan Streets. They were inadvertently included in the design. They have sewer at present, and will not be resewered. The portion of Stevens Rd between Olive and Kratha WILL be sewered. 2. The tie-in manhole is brick and will be cored. 3. Manholes will be paid only AFTER passing a vacuum test pursuant to AUD standards and ASTM C1244-05. 4. Sewer lines will be paid only AFTER passing an AUD certified air test. Hydraulic testing is no longer used. 5. Potable water will only be available from hydrants with an AUD approved meter and backflow prevention device. 6. Backfill shall be placed in 8" lifts in the trench. 7. There will be no concrete cap in any road repair. All road repairs shall be according the standard detail provided. 8. Pavement striping is included in the asphalt overlay line item and will be restored to existing conditions. 9. The contractor is to provide an approved set of red-line drawings prior to final payment. 10. All manhole ring and covers shall be USF-668. 11. All sanitary sewer services shall be installed as deep as possible, at the direction of the AUD inspector. 12. Trench dewatering is included in the price of the pipe if groundwater is encountered during installation. 13. The standard trench width used in the calculations is 7' wide. The standard service trench is anticipated to be 4' wide. 14. An Asbestos-Cement pipe crossing is not anticipated, however one is included to get a quantity for that line-item in the event that one is encountered. 15. Lump Sum construction includes removal of driveway entrances that impede the flow of water down the gutter line. If you have any questions, please contact Phyllis Mills at Augusta, GA Purchasing. Thanks, Wes Byne AUD Engineering Received: AUGUSTA UTILITIES DEPARTMENT - PROJECT SANITARY SEWER STANDARD BID SCHEDULE OLIVE RD SEWER Item Description Estimated Units Unit Price Total Quantity Price SAN IT ARY SEWER S-2S 10" diameter PVC sanitary sewer pipe SDR 35, 610 LF Depth 6' to 8', including Type II (No. 67 stone) bedding material S-3S 10" diameter PVC sanitary sewer pipe SDR 35, 710 LF Depth 8' to 10', including Type II (No. 67 stone) bedding material S-4B 10" diameter PVC sanitary sewer pipe SDR 35, 535 LF Depth 10' to 12', including Type II (No. 67 stone) bedding material S-5S 10" diameter PVC sanitary sewer pipe SDR 35, 1045 LF Depth 12' to 14', including Type II (No. 67 stone) bedding material S-6S 10" diameter PCV sanitary sewer pipe SDR 35, 1080 LF Depth 14' to 16', including Type II (No. 67 stone) bedding material S-18 Select backfill, GA DOT Type I, Class I & II 9200 CY (Sand/Clay) - Measured by in-place volume. S-20A Pre-cast sanitary manhole, GA DOT STD 16 EA 1011 A, Type 1, Depth 0' to 6' (48" Diameter) S-21 A Additional sanitary manhole depth, Type 1, 10 VF Depth Class 1 (48" Dia.) S-22A Additional sanitary manhole depth, Type 1, 95 VF Depth Class 2 (48" Dia.) S-26A 48" Diameter sanitary manhole exterior joint 16 per MH wrap S-30 6" sanitary sewer service, complete 100 EA S-33 Tie new sanitary sewer to existing manholes, 1 EA diameter varies S-34 AC Water Main Crossing 1 EA PAVEMENT STRUCTURES P-1 Asphalt overlay, type F, 1 W' thick, minimum 18,000 SY P-2 Graded aggregate base, 10 Y2 " thick, 7' wide 3250 SY and asphalt patch 2 Y2 " thick, including removal of 2 Y2 " GAB and placement of bituminous tack coat P-3 Asphalt Pavement Leveling 500 Tons P-4 Milling, 0 - 4" 18,000 SY P-9 24" concrete curb and/or gutter removal and replacement (as appropriate and necessary) MISCELLANEOUS 1000 M-1 M-3 Flowable fill Foundation backfill, GA DOT Type II, for additional unclassified excavation RCP Storm Drain 12" Pipe 100 275 CY CY M-6 50 LF LS-1 LUMP SUM Lump sum construction (includes but is not limited to the listing continued below) Lump Sum Construction . Mobilization, Demobilization . Bonds, Insurance . Gabion Retaining Walls . Remove and reset fences, All types . Remove and reset gates, All types . Remove and reset storm sewer, Lengths & sizes vary . X" <material> drain pipe · Remove and reconnect water services, complete . Reconnect sanitary sewer services . Reconstruct <material> wall, Height varies . Remove and reset signs, Type varies · Remove and reset water sprinkler systems, complete · Remove and reset water valve, size varies . Remove and reset yard lamps, Type varies . Remove and reset mailboxes, Type varies · Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion control structures) . Silt fence, Type "A" . Silt fence, Type "B" . Silt fence, Type "C" . Traffic control . Miscellaneous grading . Permanent Grassing · Raise manholes and valves boxes to grade · Remove Asphalt entryways to match grade and under-drive drain pipes in gutter NOTE TO BIDDERS: FOR A COMPLETE DESCRIPTION OF BID ITEMS REFER TO THE TECHNICAL SPECIFICATIONS. From: CosCEstimate_Final_ OliveRoad_l OMar05.xls REVISED MARCH 19, 2004 AUGUSTA UTILITIES DEPARTMENT SANITARY SEWER PROJECT - MEASUREMENT AND PAYMENT SANITARY SEWER ITEMS S-1A through 5-161 - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these iterris. ITEM S-17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM S-18 - Select backfill shall be measured in cubic yards for both Types I and II and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. The standard trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM S-19 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. ITEMS S-20A through S-20F and S-23 - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and! or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A through S-21F, S-22A through S-22F, S-24 through S-25 - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 03 19.DOC 10F4 REVISED MARCH 19, 2004 ITEM5 5-26A through 5-26F - Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEM5 5-27 A through 5-27F - Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM 5-28 - Outside drop piping shall be measured individually (each) and shall include the costs for all items associated with the drop manhole detail, exclusive of the manhole or manhole extensions. No additional payment shall be made for these items. ITEM 5-29 - Dog house/ connector manholes shall be measured individually (each) and shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and boots, grouting and / or other connections, installation, and normal backfill. The costs for the base section, first riser, cone section, and ring and cover shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item. No additional payment shall be made for these items. ITEM 5-30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/ concrete cutting (including service markings), installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-31- Cut and plug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-32 - Cut and plug manholes shall be measured individually (each) and shall include costs for cutting of existing manholes, plugging of existing manholes, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-33 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/ coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. ITEM 5-36 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 0319.DOC 20F4 REVISED MARCH 19, 2004 PAVEMENT STRUCTURES ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P-2 - Aggregate base (10 1;2" thick) and asphalt patch (2 1;2" thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 21;2 " graded aggregate base removal and disposal, bihnninous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall include costs for asphalt, installation, and site preparation, including necessary subgrade preparation, base removal, and base installation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P-8 - Curb and/ or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. MISCELLANEOUS ITEM M-l- Plowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 0319.DOC 30F4 REVISED MARCH 19, 2004 ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-5 - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for sanitary sewer installation. No additional payment shall be made for these items. ITEM M-6 - RCP storm drain line is included in LUMP SUM construction, however in the event that the storm line removed is damaged beyond reuse, the pipe will be replaced at this price. This line item is at the discretion of AUD's inspector. LUMP SUM CONSTRUCTION ITEM L5-1- Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 03 19.DOC 40F4 MAR.16'2005 14:05 7068681855 BLAIR CONS TRUST ION #6032 P.001/001 .~~.~ f1Wo"'HAQIlmAl1~ @~A'.hmAl7~ 9J€ f.liW r;lamD, ~ ADDENDUM , flt}~' ~e,- r /131 vJus clP'i .;{~ ~ TO: All Bidders FROM: Oed A. Sarns DATE: March 11, 2005 SUBJ: Addendum #2 Bid Item #O5~072 f::/ Please note the following additionlchanges to your bid specifications: 1. . Bid Schedule Sheet - Page 8 of 12, S..21A states AdditJonal sanitary man.hole depth, Type 1,Depth Class 1 (48" Dia.) sb.ould be Additional sanitary m.an.hole depth, Type 1, Depth Class 2 (48" Dia.). 2. Bid Schedule Sheet - Page 10 of 1.2, P-4 states Milling, 0 - 2" should be Milling, 0 - 4". Please acknowledge receipt of addendum in your bid package. If you ha.ve an.y.questions reguding this correspondence, please contact me at (706) 821~2422. Room 605 - 530 Gr.eene Street, Au.gusta, Georgia 30911 (1015) B21~2422 - Fax (706) 82)-281.1 www.O,ptruStae:a.;ov ll.egisl'.er at www.demarwsiB.r.com/cumiJlu for automatic bid nQHf.iClltloll. MAR-08-2005 15: 18 d TO: FROM: DATE: SUBJ: ARC PURCHAS I NG 7068212811 ~ {ijZP1!{lN/~~ 6JFrnAWn~ ~ ~ ~tunJ, fflfl,et!/fH4 ADDENDUM AU Bidders Oeri A. 8ams Addendum #1 Bid Item #05-072 Please note the following addition/changes to your bid specifications: P.02/02 The bid opening date for bid item #05-072 has been changed from Tuesday, March 15,2005 @ 3:00 p.m. to Thursday, March 31, 2005 @ 3:00 p.m., Please acknowledge receipt of addendum in your bid package. . If you have any questions regarding this correspondence, please contact me at (706) 821-2422. . . . Room 60S - 530 Greene Street, Augusta, Georgia 309U . (706) 821-2422 - Fax (706) 821-2811 www.8JlErDStalre..I!:O\I: RegistBr at www.demand!ltftl..II(lm/ll1l)..l.P.l\m: for automatic bid notification 1 TOTAL P.02 INDEX FOR CONTRACT DOCUMENTS Title PaQes Invitation for Bids Instruction to Bidders Proposal Bid Schedule Measurement and Payment Bidders Qualification Bid Bond Agreement Performance Bond Payment Bond General Conditions 1-1 IB-1 to IB-3 P1 P-2 to P-3 P-4 to P-7 BQ-1 to BQ-3 BB-1 to BB-2 A-1 to A-4 PFB-1 to PFB-2 PYB-1 to PYB-2 GC-1 to GC-52 SGC-1 SGC-2 to SGC-8 Supplemental Conditions Soils Report Technical Specifications AUQusta Utilities Department Desh:m Standards & Construction Specifications I. Section 14B - Sanitary Sewer Systems 14-20 to 14-37 II. Section14C - Excavation & Backfilling 14-38 to 14-47 INVITATION FOR BIDS SEALED BIDS for the construction of approximately 3,800 linear feet of sanitary sewer pipe and appurtenances, hereinafter referred to by project name: Bid Item No. 05- 072 : Olive Road Sewer Project Augusta Utilities Department Project No. 50224 will be received by: Augusta Commission Hereinafter referred to as the OWNER at the offices of: Geri A. Sams The Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Until 3:00 PM on the 31 st day of March, 2005 at which time all bids will be publicly opened and read in the pre~ence of those interested. Copies of the Contract Documents may be examined during regular business hours at the offices of: Augusta Purchasing Dept 530 Greene Street, Room 605 Augusta, Georgia 30911 F.W. Dodge Plan Room 360 Bay Street Augusta, Georgia 30901 Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 Augusta Builder's Exchange 304 14th Street . Augusta, Georgia 30901 Bidding Documents may be obtained at the office of the Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies may be obtained upon payment of $100.00 non-refundable per set. A mandatory pre-bid conference will be conducted at 3PM. 22 Februarv. 2005 at he conference room of the Purchasing Department, Room 605. Cut off day for questions is 3:00 PM 25 Februarv 2005 A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award. The OWNER reserves the right to reject any and all bids and to waive technicalities and informalities. Bids shall be addressed to Augusta Commission, c/o Geri Sams, Purchasing Director, Municipal Building, Augusta, GA 30911 marking the envelope "Olive Road Sewer Project, Augusta Utilities Project No. 50224, Bid Item #05- 072." No bid may be withdrawn for a period of Sixty (60) days after the date and time set for receipt of bids. It is the wish of the owner that minority business be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. GERI A SAMS, Purchasing Director Publish: Augusta Chronicle I-I SECTION IE INSTRUCTION TO BIDDERS IE-O! GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IE-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate, Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof IB-1 who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-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. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. IB-09 PROGRAM MANAGER CH2M HILL is the Program Manager for the project described herein; address is 360 Bay Street, Suite 100, Augusta, GA 30901 IB-2 IB-IO MINORITY AND ECONOMICALLY DISADV ANT AGED 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-3 I I I I I , ~ I l I I I I I I I I I J . copy SECTION P PROPOSAL DATE: 4.........c;.4 3/ 2.9oS / Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and perform all work for the project referred to herein as: OLIVE ROAD SEWER PROJECT In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: :7eY8o-t II-^?J~ '5,"...r' nv"~ ~l/J~ -rhr~ )/~~d ~o- -rh/rf7 ~ . /L ]") and ~vt!-~ /100 dollars ( /ts?...,-, 32-2.. - ). / /~~J 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 hereby agrees that, if awarded the contract, he will commence the work within Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work within One Hundred Eighty (180) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date 3/ e- /0:;- ):' 3 Illos- t 3j/fJ/OS- , I I .2. 3 Enclosed is a bid guarantee consisting of the amount of (IO~ oil 7:J,d) =- 6,d 730.-01 # 7'14-32~ Respectfully Submitted, D/a.-,> L:.o<?J.f,-v~-I-(ov?, :::z:::;?c- " Firm ' ~o. &)(. 7/0 L3f:,~'1 c:;;.4- 3060"'7 Address I in BY: U )~~~~ ~4.~ TITLE: ~C?'>ldB~+ P-1 MAR-18-2005 05:05 ARC PURCHASING 7063124602 P.08/09 AUGUSTA UTILITIES DEPARTMENT - PROJECT SANITARY SewER STANDARD BID SCHEDULE OLIVE RO SEWER Item Description ! Estimated Units Unit Price Total Quantity Price SANITARY SEWER 5-28 10. diameter PVC sanitary sewer pipe SDR 36, 610 LF ~....oo . 5i 00 Depth 6' to 8', indUding Type /I (No. 67 stone) ::5 - 335": 0- bedding material S-38 10. diameter PVC sanitary sewer pipe SDR 35, 710 LF S-S-~ 0' Depth 8' to 10', Including Type II (No. 67 stone) 3'70:=:0 - bedding material S-48 10w diameter PVC sanitary sewer pipe SDR :36. 535 LF Depth 10' to 12', induding Type II (No. 67 .;::- __ 00 oc ::>5 - 2'7r1-25' - stone) bedding material 5-58 10" diameter PVC sanitary sewer pipe SDR 35, 1045 LF .i>( Depth 12' to 14', including Type If (No. 67 .5'~,~ 5) q..)'5- stone) bedding material S-6B ) 10" diameter PCV sanitary sewer pipe SDR 35, 1080 IF 5":5~ 5"'7' ~oo c.!!} Depth 14' to 16', including Type II (No. 67 stone) bedding material' S-18 Select backfill, GA DOT Type I, Class I & II 9200 CY 2::'- i/-g3oo~ (Sand/Clay) - Measured by in-place volume. S'- S-20A Pre..cast sanitary manhole, GA DOT sro 16 EA /8B4- ~ 3D If/- '1' ~ 1011A, Type 1, Depth 0' to 6' (48" Diameter) S-21A Additional sanitary manhole depth, Type 1, 10 VF //5'~ 5'"0 //5"0 :::.::- Depth Class 1,(48" Dla.} S-22A Additional sanitary manhole depth, Type 1, 95 VF /43~ 7u Depth Class 2 (48" Dia.) /3""2.8- ., S-26A 48" Diameter sanitary manhole exterior Joint 16 per MH /)/~ 2840 ~ wrap 5-30 6" sanitary sewer service, complete 100 EA //'7'4- ~ 1/'1' 4-'1--0 ~ 8-33 Tie new sanitary sewer to existing manholes, 1 EA /t/-7S- ~ /4-'}~ ~ diameter varies 5-34 AC Water Main Crossing 1 EA 24-00 ~ 2/fuo~ PAVEMENT STRUCTURES P-1 Asphalt overlay, type F, 1 ~w thick, minimum 16.000 Sy 4ft )t!f-5'20 ~ P-2 Graded aggregate base, 1 0 ~ · thick, 7' wIde 3250 SY 23 ~9 5'0 and asphalt patch 2 ~ .. thick, including 75"677'2.. - removal of 2 % " GAB and placement of bituminous tack coat P-3 Asphalt Pavement leveling 500 Tons 00~ 3DCU:>~ P-4 Milling, 0 - 4" 18,000 SY 2.~ 5"3 /oo~ 'O? ,MA~-18-2005 05:06 ARC PURCHASING 7063124602 P.09/09 P-9 24" concrete curb and/or gutter removal and I II ') ,!..i- I 0< 1000 LF I) 13D- replacement (as appmpriate and necessary)' MISCELLANEOUS M-1 Flowable fill 100 Cy 6?5~ &~=~ M-3 Foundation backfill. GA DOT Type II, for ...u.... CY 275 &} 5G::>S~~ additional unclassified excavation ;;z..o- M~6 RCP Storm Drain 12" Pipe 50 LF 33 !!!: /&B7 ~ lUMP SUM LS-1 Lump sum construction (includes but is not 1 LS C> tp/ )2.9-~ tR/724" r::- limited to the listing continued below) Lump Sum Construction · MobilizatIon, Demobilization · Bonds, Insurance · Gabion Retaining Walls · Remove and reset fences, All types · Remove and reset gates. All types · Remove and reset storm sewer, Lengths & sizes vary · X" <material> drain pipe · Remove and reconnect water services, complete · Reconnect sanitary sewer services · Reconstruct <material> wall, Height varies · Remove and reset signs, Type varies · Remove and reset water sprinkler systems, complete · Remove and reset water valve, size varies · Remove and reset yard lamps. Type varies · Remove and reset mailboxes, Type Varies · Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion control structures) · Silt fence, Type -A" · Silt fence, Type AS" · Silt fence, Type "C" · Traffic control · Miscellaneous grading · Permanent Grassing · Raise manholes and valves boxes to grade · Remove Asphalt entryways to match grade and under-<lrlve drain pipes in gutter NOTE TO BIDDERS: FOR A COMPLETE DESCRIPTION OF BID ITEMS REFER TO THE TECHNICAL SPECIFICATIONS. ---t;S-I-c.-1 II 3") "7&C/- 32-2_- I Fram: Co:rt _ Esfimato_FicaC OliveRoud _lOMmOS.xls p~ ~ REVISED MARCH 19,2004 AUGUSTA UTILITIES DEPARTMENT SANITARY SEWER PROJECT - MEASUREMENT AND PAYMENT SANITARY SEWER ITEMS S-1A through S-161 - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. ITEM S-17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM S-18 - Select backfill shall be measured in cubic yards for both Types I and II and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. The standard trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM S-19 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. ITEMS S-20A through S-20F and S-23 - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/ or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A through S-21F, S-22A through S-22F, S-24 through S-25 - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 0319.DOC ?..y 1 REVISED MARCH 19, 2004 ITEM5 5-26A through 5-26F - Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEM5 5-27 A through 5-27F - Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM 5-28 - Outside drop piping shall be measured individually (each) and shall include the costs for all items associated with the drop manhole detail, exclusive of the manhole or manhole extensions. No additional payment shall be made for these items. ITEM 5-29 - Dog house/ connector manholes shall be measured individually (each) and shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and boots, grouting and / or other connections, installation, and normal backfill. The costs for the base section, first riser, cone section, and ring and cover shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item. No additional payment shall be made for these items. ITEM 5-30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/ concrete cutting (including service markings), installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-31- Cut and plug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-32 - Cut and plug manholes shall be measured individually (each) and shall include costs for cutting of existing manholes, plugging of existing manholes, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-33 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/ coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. ITEM 5-36 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 03 19.DOC f-S ...... , ' REVISED MARCH 19, 2004 PAVEMENT STRUCTURES ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P-2 - Aggregate base (10 ~If thick) and asphalt patch (2 ~If thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 ~ If graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), aild markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall include costs for asphalt, installation, and site preparation, including necessary subgrade preparation, base removal, and base installation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P-8 - Curb and/ or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. MISCELLANEOUS ITEM M-l- Plowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 03 19.DOC 1-6 ~ REVISED MARCH 19,2004 ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-5 - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for sanitary sewer installation. No additional payment shall be made for these items. ITEM M-6 - Rep storm drain line is included in LUMP SUM construction, however in the event that the storm line removed is damaged beyond reuse, the pipe will be replaced at this price. This line item is at the discretion of AUD's inspector. LUMP SUM CONSTRUCTION ITEM LS-l - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. SAN SEWER MEASURE & PMT 04 03 19.DOC VJ7 ..... - 9Jtabt ~tIuu:lUut, 9 Ire" Post Office Box 770 Evans, Georgia 30809 PHONE (706) 868-1950 FAX (706) 868-1855 BIDDERS QUALIFICATION STATEMENT with Proposed Subcontractors/Suppliers In the early 1950's Blair 1. Mutimer began the Augusta located company Blair Construction. In 1973 the business was incorporated in the Sate of Georgia as Blair Construction, Inc. Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most every municipality within 40 to 50 mile radius of the City of Augusta. The majority ofthe work we perform is either for the City of Augusta or Columbia County. We have an outstanding and well-respected relationship with both these municipalities, Our company employs approximately 53 persons and has an average annual revenue of around $8,000,000. Approximately 80 percent of our work is underground utilities with the other 20 percent being earthwork and base & paving. Blair Construction, Inc. currently holds a "Certificate Of Qualification (# 2 BL 150)" from the Georgia Department of Transportation with a maximum capacity rating of $31 ,300,000. As established in past projects with the City of Augusta, we have both the experience and means to perform the subject project to which we are bidding. Below are qualified Subcontractors we propose to utilize for this project. · Country Boy Farms, · Bobby Herington Surveying The Miller Group · Peek Pavement for Grassing & Silt Fence for Construction Layout for Milling for Pavement Striping Below are qualified Suppliers we propose to utilize for this project. · National Waterworks · Rinker Materials · Reeves Construction · Hanson Pipe & Products for PVC Pipe, Fittings, Castings, & etc. for Bedding Stone & Road base Material for Asphalt & Tack for Precast Manholes Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has successfully completed. T3Q-"L I. Hephzibah McBean / Brothersville Road Intersection Improvements Augusta/Richmond County, GA Contract Amount: $411,571.00 2. Edgefield County Industrial Park Edgefield County, SC Contract Amount: $926,075,85 3. Old Waynesboro Road 16" water Main Extension Augusta/Richmond County, GA Contract Amount: $565,561.00 4. Rae's Creek Trunk Replacement Augusta/Richmond County, GA Contract Amount: $2,653,711.00 5, Bedford Heights Water & Sewer Improvements Augusta/Richmond County, GA Contract Amount: $896,712.00 6. Old Washington Road Improvements Columbia County, GA Contract Amount: $737,740.00 7, Jim Blanchard WTP 48" Water Line Extension Columbia County, GA Contract Amount: $868,830.00 8. Jefferson County Drainage & Roadway Improvements Jefferson County, GA Contract Amount: $501,719.00 9. 18" Raw Water Line Conversion Augusta-Richmond County, GA Contract Amount: $796,595,6~ We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be acceptable. If any other information is needed, please feel free to contact us. Respectfully Submitted: ~~~ William R. Mutimer, President Date: 3/31/~~ I I 15Q.2 ~ (9) Service availability may be considered in determining the most responsible bid, and the bidders shall be required to submit information concerning their ability to service and maintain the product of the equipment. Award to other than low bidder. When the award is not givento the lowest bidder, a full and complete statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and signed by the Procurement Director andlor Administrator and made part of the record file for audit proposes. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee o.r official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a fmancial interest is .authorized as per O.C.G.A. 36-1-14, or the. procurement contract is awarded pursuant to O.C.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or' officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an ,employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be d~emed to have a conflict. of interest with regard to matters pertainiilg to that substantial interest or financial interest. . USE OF CONFIDENTIAL INFORMATION 1-10-15 It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain for any other person. Name: (JLlt~~~. ;( !/(d~~A ~ ~--<:5t de>;;;:f-- Date: 3ft/los- t t 13/C:Vi:- c::::;.?...;.,..v<:;-..j,~i ~ "L / Title: Company: TIDS SHEET IS REQUIRED TO BE IN SUBMITTAL. 13Q - 3 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. , P. O. Box 770. Evans. Georgia 30908 as Principal, hereinafter called the Principal, and the Western Surety Company of CNA Plaza, Chicago, 11160685 , a corporation duly organized under the laws of the State of South Dakota , as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911 as Obligee, hereinafter called the Obligee, in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars ($ 10% of bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Olive Road Sanitary Sewer Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of March Blair Construction, Inc. POBox 770, Evans, Georgia 30809 2005 Witness ~ cl$' (~~~"f. ~M"- '--P;c>s ;dlfl-rl- : (Seal) . - Principal . l" ~ r~<:;. ~~ Title YJi~AA~~ Witness Western Surety Company / By ~~ I." ~~ Buck Leigh Attorney-in-Fact S-0054/GEEF 12/00 gl5~j Koow All Moo By T"", P,'."..", Th" WESTIJRN SURETY COMPANY, , So"," D'kOf' """""a"", I, . '"'y Of'""", "d "',,,.., oo'P""'o" "",.., '" '''oop.' offj" '0 ., City of S, 0'" F, II" '" d S .,, of S". D",o", m" ." " "eo, lor .,....., of '10, .go "",', '"' ""I ",,,'" ,ffj"d h""by make, constitute and appoint POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN_FACT Western Surety Company Thomas M Albus, BUck Leigh, IndividuaUy of Co'"m", SC, i. tru, ",d lAwful A"om,y(,)-,o_'", w'lli full pow" ,"d "ilionty h"'by "of,,",d "...., ,," ,," ..~"~ f" ,"d " '" "'''.If ""d" undertakings and other obligat01Y instl"lJnlents of similar nBl1/re "'d '" "'od " llioreby '" fu lIy "''' <0 "" "0" '''''''' " 'f ,,,,10 ""'N""". W'" "~"d lor . ,,, Iy '" <""" "" "ffj,,, of lli, '''po"""" ,,' ,II "" ". of .." Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. - In Unlimited Amounts _ n". P"Wo' of ",,,,,,,'y " 0"", ,,' "~,,," pU""", to ",,, by "'ilion,y of "" By-Low ,no,,", 00 ., "'VO'" ",",of, d"'y ,",0'"",, " ''''''''''"', by the shareholders of the corporation. r.. WI",,,, Wh"", WESTIJRN SURETY COMPANY h" """d ''',,' ""'""" '" 1" "go,d hy I. S"',,, V,,, P''''d"", "d I. ,,,,om. "" '" be hereto affixed on this 26th day of F'ebruary, 2004. ~~\\'UREr~'''',,,, ~+~.......... C!:;o,,,, .;.o"l'D.\''''''~ ~ 1........"Il~ tJ ~J:j '. ,., A ,;...:~tfl "jr6A~~~\; '~"""NIIIII"~ WESTERN SURETY COMPANY State of South Dakota County of Minnehal,a } as 0~ ~ "':":'",: - Paul . 811J11at, Senior Vice P\'esident 0" ",, 26<10 d.y of P"n""" 21104, b""" m, ''''''''.l1y~"" p"" T, Bmfl., " "" ,"",,", who, bolo, by m, doly 'WOrn, did d."", "'d ~Y' 11,,, 10, =Id" I" ", City of Slo", F.I1" S.." of S""~ D.ko., "., 10, I, <h, S."ot VIo, ~'''Id", of WESTIJRN SlIRETY COMPANY d""'b,d I" "'d whloh ~'wwd "' · bov, lo"",mo,,; "'" 10, ,"0,", "', ".1 of" Id oo",om"oo; t1" I 'b, ,,,' . ffl"d " t1"..1d 'o"rom", I I. ,"'10 ",,","," ''''; "'.." "" 00 .m"d p"""" <0 "''''onty g1"", lor ili, BM'" of D;,",,~rn of "'d oo""om"", ."d "'.. ", "~,"d ",, "m, "''''<0 P"""",, " 'Ik, "'""ity, "d acknowledges same to be the act and deed of said cOl1)oratiol1. My commission expires November 30, 2006 .,.c,&,c,.c,""~~lo:t.~~~~~"'''''''A"'''t,e,e.,...,,,.,ot., + $ D. KRELL $ ~~NOTARY pueLIC~eAl ~ .r~SOUTH DAKOTA .r or or +~~~~~~~~~~~~~~~..,,~~~~~~,+ J, L N,',,,,, AMI.." &,rel.", of WESTERN SURETY COMPANY do horeby """'y 11",., Pow.' of Attorn", h<>to""ov, '" fori> I, "'" '" rot" "'d fu"ho '.rify ... ili, By-Low ofdw "''''''''''''' ,n""d '" ili, ~'''" h"",r;, ,W' I" r"", 10 ""hmooy .b"oof J ""vo b....o'" '"''''ibod my o,,~ ",d ,ffj""h"", o"h, ~Id "'PO""", <hi, ~ "y of -Mm:h an; CERTIFICATE ALA ~MI1' Form F4280-01_02 l.\\o,J.l\\\iREt""'..c...; ~~~ ~............~ ~.d'~ l~Q,!~~l' O~.q;\'t'~ ~""\<.i "'15;, .\,,so"'AI,..!jfs \ il'",.., ..,~?< ~I,.;;;;~j~'o~~~#'" ~"j'III'IIl"~~\ WESTERN SURETY COMPANY g, ~L,,~ L Nelson, Assistant SeC,.etalY Section A Agreement THIS AGREEMENT, made on the -12..- day of April 20~ by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Blair Construction, Inc. I 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: OLIVE RD SEWER and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions her~to attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION /LIOUIDA TED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be completed within ~ calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and no/100s ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. A-I ARTICLE III - PAYMENT (A) The Contract Sum The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Proqress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER's Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and acceptance of all work under the Contract. ARTICLE IV -ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Professional shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the CONTRACTOR, including the retained percentage, shall be paid to the CONTRACTOR by the OWNER within 15 days after the date of said final certificate. (B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the OW NER, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, orfrom 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 Professional, so certifies, the OWNER shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. A-2 Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUG TA, GEORGIA (SEAL) / .J-: ~~~ ~ 1/;J~'t CONTRACTOR: '-z3/c...;,... COdS+rvr;.+;P<-7/:::z:;:,.c::., (SEAL) By: jf)d;41<-l' If q~~A-/ ~,.e>fdB-"+ As its ATTEST: Ynfili 7nJ~ Secretary t ~~.~~ Address: p.o. /!;C7'7f:.. ?) 0 &tee-? >, c;;.4- 30Bo>'7_ / ....,-.... ':: = Witness _. t ~ _ .. 01- . ,_.... -' ~ '"-,..4 A " Bond No. 929 348 695 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza. Chicago. Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Seven Hundred Sixty Four Thousand Three Hundred Twenty Two and 37/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 764,322,37 .), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for. Olive Road Sewer Project City of Augusta, GA (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by Georgia 30911 TEL: 706-821-1706 KHAFRA Engineering Consultants, Inc., 530 Greene St., Augusta, (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-1219/GEEF 10/99 Page 1 of 2 PERFORMANCE BOND 929 348 695 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its. terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this Z!:' Iff day of ~s~~~ (Witness) J;~t1 /x.V/-.<J (Witness) contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance ofthe contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. /Y?~( 2-00 S- , . ( '~ :, ( Blair Construction, Inc., PO Box 770,~Evans; ,.,_ Georgia 30809 . . . . ~. .' (Seal)- . (Principal) " .~ t !J~) J( fl1fAZ~ -p,.6'S r de--rl-- (Title) ~ < l X Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Seal) (Surety) ~~ /tit~Facl (Title) C/SbyGeorgiaResidentAgent ~ &. ~~~ S-1219/GEEF 10/99 Page 2 of 2 LABOR AND MATERIAL PAYMENT BOND Bond No. 929 348 695 Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza. Chicago. Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commsission, 530 Greene St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seven Hundred Sixty Four Thousand Three Hundred Twenty Two and 37/100 - - - - - - - - - - - - - - - - - Dollars ($ 764,322.37 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for Olive Road Sewer Project, City of Augusta, GA (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by Georgia 30911 TEL: 706-821-1706 KHAFRA Engineering Consultants, Inc" 530 Greene St. Augusta (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-1220/GEEF 10/99 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND 929 348 695 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3, No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this ZS- rH day of .. ~~.~~ (Witness) ~ r cX1AJV-. , (Witness) S-1220/GEEF 10/99 Page 2 of 2 were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere, 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, /l'? e-7 I ZooS-. 0' I- ,1 1 ( Blair Construction, Inc., PO Box no; Evan~, " .. " .I Georgia 30809 . " ,,(Seal) (Principal) It~/dc;,~) Jf J1(~eA ) ~~$''d~+- (Title) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Seal) (Surety) 'E ~ L('If,L Buck Leigh, Attorne -Fact (Title) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this . disclosure lIotice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the fOllowing companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance Company of Newark, NJ, and The'.continental Insurance Company. DISCLOSURE OF PR~MIUM The premium attributable to coverage for terrorist acts certified under the Act Was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM ~ ----- ~ --=--- LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, ll1at WESTERN SURETY COMPANY, a South Dakl1lc corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janet W Combee,Jennifer D Dinkins, Kimberly P Turner, BlIck Leigh, Individually of Columbia, SC, its nue and lawful AttoT11(~y(s)-in-Fact with full power llnd authority hereby coni'errcd to sign, seal and execute for and on its behalf bonds, undertakings and othcr obligatory instrumcnts of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as ifsuch instruments were signcd by n duly authorized offic;er of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-L~w printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 4th day of June, 2001. ~~~~~IEr)':-J",.".. ~\+/"'''''.....,P';"'':... It:lI....'/.~Of1''/;;,,\\ ~..,i(J.... ci'l"'J !if.M\ J;r: ~" <S'C' A'V it{. \{~ri1iii:itj~/ -,..... Stilte of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY ____~-r~~ Stephen T. Pate, Executive Vice President On this 4th day of June, 200], before me personally came Stephen T. Pate, t.o me known, who, being by mc duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; thM he is the Executive Vice President of WESTERN SURETY COMPANY desclibed in and which executed the above instrumcnt; that he knows the seal of said corporation; that the sea] affixed to the said instmment is sllch corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his namc thercto pursuant to like authority, and acknowledgcs samc to bc the act and deed of said corporation. My commission expires t'l>:l~~'"'!>~"lI"ll""s~\<t"~""~""'+ f J. MOHR. f t~NOTARY puaLIC~f f~SOllTH DAKOTA~1.r I My Commis,ion E.~piJ'C:'I 10.22.200G 1 +("'~~'1"t.,.~'\~'I.t.~4.t.~"'>+ October 22, 2005 CERTIFICA TE ~~- T- 1. Mohr, Notary Public /, L. Nelson, AssisUlI1t Secretary of WESTERN SURETY COMPANY do hereby certify tim the Powcr of Attorney hereinabove set forth is still in foree, and further certif)' that thc By-Law of thc corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2-:5' ?!f day of /Vf4 Y 200 ~ -. ~- ---._._._---...~._-----, . Fom] F4280-04-01 WESTERN SURETY COMPANY _.' ~. ?7_~_ _/ --------. -_J~~ L. Nelson, Assistant Secrctary 5/16/2005 10:25 AM 9,17068681855 002 ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 05/16/2005 PRODUCER (770) 246-8300 FAX (770)246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sutter, Mclellan & Gilbreath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norcross, GA 30092-2205 linda Mitchell CIC INSURERS AFFORDING COVERAGE NAlC# INSURED Bl air Const ruct i on, Inc. INSURER A: FCCI Insurance Group 18290 P.O. Box 770 INSURER B: One Beacon -Evans, GA 30809 .. INSURER C: INSURER D- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT,TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~ lYPE OF INSURANCE POLICY NUMBER PgkfEY/~';J;5g~E POLICY EXPI~J!.QN LIMITS LTR GENERAL LIABILI1Y CPPOO04476 02/14/2005 02/14/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 A. I PERSONAL & ADV INJURY $ 1.000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 ~ POLICY n ~f& n LOC AUTOMOBILE LIABILI1Y CA 0005458 02/14/2005 02/14/2006 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A. X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILI1Y AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILI1Y UMBOO02841 02/14/2005 02/14/2006 EACH OCCURRENCE $ 2 000,000 1J OCCUR o CLAIMS MADE AGGREGATE $ 2,000,000 A. $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND . 010-WC05A- 54981 02/14/2005 02/14/2006 X I WCSTATU- I 10TH- TORY LIMITS ER EMPLOYERS' LIABILI1Y 500,000 A. ANY PROPRIETORIP ARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER R842683 02/14/2005 02/14/2006 $250,000 per item ~ontractors leased B ~nd rented equipment $500,000 limit $1,000 ded per item ~ESCRlPTION OF OPERATIONS' LOCATIONS 'VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS roj: Olive Road Sewer Project, Augusta, GA Contract AMount $764,322.37 - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRl1TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Augusta, GA. Conmission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILI1Y , Room 605 - Municipal Building OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Augusta, GA. 30911 AUTHORIZED REPRESENTATIve 'l"'i-k c h--- Mark Jaynes CSP/lINDAM ACORD 25 (2001/08) @ACORDCORPORATION 1988 Revision Date August 2001 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. . Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (com puted as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions ofthe State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 Revision Date August 2001 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are r~ferred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes 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 or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared GC-2 Page 2 of 52 Revision Date August 2001 by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 52 Revision Date August 2001 ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starling 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 Starling Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages ofthe Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. GC-4 Page 4 of 52 Revision Date August 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-5 Page 5 of 52 Revision Date August 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical sOCiety, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or, Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 Page 6 of 52 Revision Date August 2001 3.6,3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7 .1. a Field Order (pursuant to paragraph 9.5). 3.7,2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization perform ing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC-7 Page 7 of 52 Revision Date August 2001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability 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 such reports and drawings for CONTRACTOR's purposes, including but . not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and 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 OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be GC-8 Page 8 of 52 Revision Date August 2001 performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC-9 Page 9 of 52 Revision Date August 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. GC-10 Page 10 of 52 Revision Date August 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 52 Revision Date August 2001 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. ,OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary GC-12 Page 12 of 52 Revision Date August 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties, 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 Page 13 of 52 Revision Date August 2001 Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5,7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial 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 p~operty insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and GC-14 Page 14 of 52 Revision Date August 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-15 Page 15 of 52 Revision Date August 2001 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and dire.ct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6,2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Page 16 of 52 Revision Date August 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted. by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Com pletion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized wjthout PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 Page 17 of 52 Revision Date August 2001 6,8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall 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 orfurnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12, CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the perfor,mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting GC-18 Page 18 of 52 Revision Date August 2001 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6,14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs, Taxes: 6,15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance ofthe Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such 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, indir-ectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. GC-19 Page 19 of 52 Revision Date August 2001 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 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 em ployed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 Page 20 of 52 Revision Date August 2001 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person( s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. GC-21 Page 21 of 52 Revision Date August 2001 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6,31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONT:RACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily GC-22 Page 22 of 52 Revision Date August 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent 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, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly em ployed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph "6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, GC-23 Page 23 of 52 Revision Date August 2001 ARTICLE 7---OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR 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. GC-24 Page 24 of 52 Revision Date August 2001 ARTICLE 8--0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13, 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 Revision Date August 2001 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents {in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 Revision Date August 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to 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 condition GC-27 Page 27 of 52 Revision Date August 2001 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-28 Page 28 of 52 Revision Date August 2001 ARTICLE 10--CHANGES IN THE WORK 10.1, Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 1 i If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3, Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4, In the absence ofan agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-29 Page 29 of 52 Revision Date August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation 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 qu~mtities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of 52 Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the 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. GC-31 Page 31 of 52 Revision Date August 2001 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3, Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or sim jlar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4,5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CQNTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's GC-32 Page 32 of 52 Revision Date August 2001 office at the site. 11.5.3, Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5,9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6,2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 52 Revision Date August 2001 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11,8.1, The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Wo'rk and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC-34 Page 34 of 52 Revision Date August 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1, The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts 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 com pletion of the Work and then only if CONTRACTOR shall have strictly com plied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein, GC-35 Page 35 of 52 Revision Date August 2001 ARTICLE 13.-WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Waffanty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract 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 place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. ,Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. GC-36 Page 36 of 52 Revision Date August 2001 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 Revision Date August 2001 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not Iim ited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs GC-38 Page 38 of 52 Revision Date August 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-39 Page 39 of 52 Revision Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on 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 and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend.payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 52 Revision Date August 2001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1, the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Wor\< 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 OWN ER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 Revision Date August 2001 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14,10. Use by OWNER at OWNER's option of any substantially completed part ofthe Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at anytime request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 Page 42 of 52 Revis ion Date August 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) com plete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACT,OR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. GC-43 Page 43 of 52 Revision Date August 2001 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made, Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR toPROFES$IONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an GC-44 Page 44 of 52 Revision Date August 2001 acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-45 Page 45 of 52 Revision Date August 2001 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15,2,5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6, if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude GC-46 Page 46 of 52 Revision Date August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (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; and 15A.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than .GC-47 Page 47 of 52 Revision Date August 2001 ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15,2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-48 Page 48 of 52 Revision Date August 2001 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. GC-49 Page 49 of 52 Revision Date August. 2001 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation, 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32,13.1,13.12,13.14,14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. GC-50 Page 50 of 52 Revision Date August 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as 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. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 Revision Date August 2001 appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWN ER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and com pleting 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 AG~EEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-52 Page 52 of 52 Supplementary General Conditions CONTRACTOR'S Liability Insurance Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: . Commercial General Liability (per occurrence) Each Occurrence . General Aggregate . Products . Personal & Adv Injury . Fire Damage · Automobile Liability (any auto) Combined Single Limit . Excess Liability (Umbrella) Each Occurrence . Workers Compensation . Employer Liability $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 500,000 $1,000,000 $5,000,000 Statutory Limits $ 1,000,000 SGC-1 csra TESTING AND ENGINEERING CO., INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960. FAX (706) 737-0629 Report No. B-045.04 Date August 18. 2004 CLIENT: . PROJECT: LOCATION: Khafra Engineering; Terry Ford Olive Road Sewer Improvements Olive Road, Augusta, Georgia INTRODUCTION This report presents the results offour (4) soil test borings made on this site each to a depth of20 feet below ground surface. The scope of this work was to determine the composition and consistency of the soils along the center line of Olive Road between Milledgeville Road and Barnes Road. It is our understanding that sewer line improvements will be placed in this area. . The field exploration for this project included a reconnaissance ofthe project site, the making of the borings, and the performance of standard penetration tests. The boring locations were specified and marked in the field by the client and are shown on the attached Boring Location Plan. Soil sampling was performed in accordance with AS TM Specification D-15 86. At regular intervals, standard penetration tests, were made to determine the soil density and consist~ncy. Results of the standard penetration tests , are listed on each individual test boring record along with the apparent groundwater level measured at the time of boring. SITE CONDITIONS The borings were performed along the centerline of Olive Road between the intersections ofMilledgeville Road and Barnes Road in Augusta, Georgia. The borings showed asphalt pavement to be one to one and a half feet (11-1.5') thick. Underlying the asphalt pavement a soil profile was found generally to consist of a thin layer of silty sand, firm to hard silty and sandy clays down to depths ranging from 11 to 16 feet, and finally firm sands. Groundwater, which was measured at the time of boring, was encountered at a depths estimated to be between 15 and 16 feet, Member of American Society for Testinq and Materials Mr. Terry Ford Page Two August 18,2004 DISCUSSION Based upon the results of our test borings, the upper silty and sandy clays would be classified as Type B soils and the underlying sands and silty sands as Type C soils per OSHA Standards - 29 CFR 1926 Subpart P Appendix . . A. Our recommendations are based upon conditions which were encountered in the individual test borings and it is possible that some variations may occur in uninvestigated areas. We should be notified in the event that any unustial soils are encountered during construction so that proper consideration can be given to these conditions. Respe.ctfully submitted, ~~~~QC Jonathan E. Pruett, P. E. 3 cc: Kbafra Engineering; Terry Ford' c.c.. r ,. 3 I l MILLEDGEVILLE ROAD B-4 SULLIVAN ROAD BARNES ROAD csra. BORING LOCATION PLAN OLIVER ROAD SEWER PROJECT OLIVER ROAD TESTING & ENGINEERING CO., INC. -N- ~ 5Gc-1 JOB NO. DESIGNED BY B-045.04 SCALE DRAWN BY N.T.S. J.e.p. . DATE CHECKED BY c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Olive Road Sewer Improvements BORING NO. 8-1 LOCATION AUQusta. GeorQia DATE AUQust4.2004 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT ClASS. MOISTUR 36@4' 5' Hard, Brownish-Tan and Gray, Fine to Medium Sandy Clay Very Firm, Tan and Gray, Fine Clayey Sand 28@7' 10' Very Stiff, White and Gray Silty Clay Firm. Tan Fine to Medium Silty Sand 13 @ 14' 10 @ 19' 15' Stiff, Gray and Brown, Fine to Medium Sandy Clay Boring Terminated at 20 feet. 25' 30' 3_' ~ 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. ~ WATER TABLE S:GC ~S c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Olive Road Sewer Improvements LOCATION AUQusta. GeorQia DEPTH FEET VISUAL SOIL DESCRIPTION p a Firm, Brown Silty Sand Firm. Brownish-Tan and !3ray, Fine to Medium Sandy Clay 5' Very Stiff, Tan. Gray and Red. Fine to Medium Sandy Clay Very Stiff, Gray andTan. Fine to Medium Sandy Clay 10' Very Stiff, Reddish-Tan and Gray Silty Clay Firm Brownish-Tan Fine Silt Sand IS' Very Stiff, Gray, Fine to Medium Sandy Clay Firm. White and Tan, Fine to Medium Sand Boring Tenninatedat 20 feet. 2S' 30' 35' 40' "N Value is number of blows of 140 pound hammer reauired to drive 2" solit-tube samoler one foot after. seated. BORING NO. DATE PENETRATjON VALUE(N) 17@4' 21 @ 7' 21 @ 14' 14 @ 19' B-2 AUQust4.2004 UNIFIED PERCENT CLASS. MOISTUR :f:16'" WATER TABLE S'~C.;~ .J C 5 r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 Firm, Gray and Tan, Fine Sandy Clay 14@4' 5. ' Stiff, Brown, Tan and Gray, Fine Sandy Clay Very Stiff, Tan and Gray, Fine to Medium Sandy Clay 10' Very Stiff, Gray and Red Silty Clay Very Stiff, Gray and Red, Fine Slightly Sandy Silty Clay 21 @ 14' 1_, .~ Finn, White, Fine to Medium Sand with Lenses of White Silty Clay Boring Terminated at 20 feet. 19 @ 19' 25' . 30' 35' 40' N Value is number of blows of 140 pound hammer reauired to drive 2" soJit-tube samoler one foot after seated. :l:16' WATER TABLE 5GC- 1 C 5 r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA: GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Olive Road Sewer Improvements BORING NO. LOCATION Augusta. Georqia DEPTH FEET DATE VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) Asphalt Finn. Brown Silt Sand Firm, Brown and Black. Fine to Medium Sandy Clay S' Finn, Gray and Tan, Fine Sandy Clay 8@4' 13@7' Stiff to Very Stiff, Tan and Gray, Fine Sandy Clay 17@9' 10' Stiff, White Silty Clay 20 @ 14' 15' Finn, White and Tan, Fine to Medium Silty Sand Finn, White, Fine to Medium Sand 19 @ 19' Boring Tenninated at 20 feet. 2_' .~ 30' 3_' ~ ~O' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. 8-4 August 4. 2004 UNIFIED PERCENT CLASS. MOISTUR :f:16' WATER TABLE s,c-~ _....\JGUS.~. .~' ~ CORG SECTION 14B SANITARY SEWER SYSTEMS BASIS FOR DESIGN: A Professional Engineer registered in the State of Georgia must prepare the plans and specifications. Design must conform to the requirements set forth in "Recommended Standards for Wastewater Facilities" (latest version) published by the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, and follow EPD guidelines. Before a sewer is designed, the area to be served should be studied for the purpose of estimating the type and quantity of flow to be handled. Design should be considered for the ultimate tributary population. Consideration should be given to the maximum anticipated capacity of institutions, industrial parks, etc. Where future relief sewers are planned, economic analysis of alternatives should accompany initial permit application. Design should be based on peak sewage flows plus the anticipated maximum infiltration/inflow levels under normal open channel flow conditions. All food service operations are required to install, operate, clean, and maintain a sufficiently sized oil and grease separator (grease trap) to prevent obstruction or interference with the proper operation of the sanitary sewer collection system and treatment plants. All existing waterworks units, including basins, wells, and treatment units, located within 200 feet of a proposed sewer shall be shown on the engineering plans. Soil conditions within this 200 feet of waterworks shall be determined and shown on the plans. A professional engineer shall determine force main size, after a study has been completed of the surrounding area with regards to the proposed construction and potential future constru~tion. A minimum velocity of 2 fps within a force main shall be acceptable for prevention of solids settling. No sanitary sewer lines less than eight (8) inches in diameter may be installed. Sanitary laterals with clean-outs shall be installed at ALL service tie-ins to the system. During construction when deviations from approved plans affecting capacity, flow, or operation are desired, the Augusta Utilities Department's Inspector shall be notified. Revised plans shall be submitted as soon as possible to the Augusta Utilities Department for approval. Minor changes not affecting capacities, flows or operation may be allowed in the field during construction by the Utilities Department's Inspector. The Inspector shall have final authority as to what constitutes a minor or major change. An approved set of Record Drawings clearly showing any changes shall be submitted to the Augusta Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-20 _""GUS:.. - ecJ; Utilities Department Inspector at the completion of the work and prior to sign-off of the final plat. The Contractor/Developer is responsible for verifying the exact location, size and material of any existing sewer facility proposed for connection or use by the project. DESIGN STANDARDS FOR SANITARY SEWER LINES: 14.20 COVER 14.20. 1 Minimum cover to finished grade over sanitary sewer shall be four (4) feet. 14.20.2Maximum cover shall be 20 feet unless otherwise approved by the Augusta Utilities Department. 14.21HORIZONT AL SEPARATION 14.21.1 Ten (10) feet to water lines and storm sewer lines. 14.21.2Fifteen (15) feet to buildings, top of bank oflakes/streams/creeks, other structures (10 feet absolute minimum - only when unavoidable, and pipe material is required to be DIP). 14.21.3Ten (10) feet minimum separation to gas mains. 14.21.4Ten (10) feet minimum to underground electric cable. 14.21.5All separation distances above are edge to edge. 14.22VERTICAL SEPARATION Eighteen (18) inch minimum separation (edge to edge) between all pipes and cable~ shall be maintained (6 inch absolute minimum separation with DIP) 14.23LAYOUT 14.23.1 Sanitary sewer easements shall be a minimum of twenty (20) feet wide with the sewer line centered in the easement. 14.23.2Individual sewer services shall be a minimum of six (6) inches in diameter and shall extend from the main and terminate with a clean-out constructed at the edge of right-of-way. If the main is installed outside of the right-of-way, the services with clean-outs shall terminate at the edge of the permanent easement. All lines eight (8) inches in diameter and larger shall terminate in a manhole. Sewer lines installed parallel to lakes/streams/creeks shall be designed to leave a 25-foot undisturbed buffer along the edge of the bank. The required service lateral with clean-out shall be inspected by the Augusta Utilities Inspector prior to physical Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-21 ~.".\)GUS.:. &: E~; tie-in of private service line. The use of donuts or tying into the stack pipe of the clean-out is strictly prohibited. 14.23.3Under no circumstances shall house sewer services and water services be laid in the same trench. 14.23.4All sewers shall be designed and constructed to give a mean velocity of 2.0 feet per second, when flowing full, based on Manning's formula using an "n' of 0.014. The following are the minimum slope that should be provided; however, slopes greater than these are desirable. Size (inches) 8 10 l2 l4 l5 l6 l8 21 24 27 30 33 36 39 42 Minimum Slope in Feet Per 100 Feet 0.40 0.28 0.22 0.17 0.15 0.14 0.12 0.10 0.08 0.067 0.058 0.052 0.046 0.041 0.037 Where velocities greater than 10 feet per second are attained, special provision shall be made to protect against displacement by erosion and impact. 14.23.5The maximum slope for a sanitary sewer line shall be 20%., A1120% sewers shall be DIP with concrete collar walls at every joint or alternate restrainin'g system provided by design engineer. Slopes less than 20% are preferred. If steep slope is necessary, the Augusta Utilities Department Engineer must approve the design. 14.23.6Buoyancy of sewers shall be considered and flotation of the pipe shall be prevented with appropriate construction where high groundwater conditions are ~~~ . 14.23.7Manhole spacing shall not exceed 400 LF for sewers 15 inches in diameter or smaller, and 500 feet for sewers 18 inches to 30 inches. Augusta Utilities Department . September 2000 Design Standards & Construction Specifications 14-22 _UGUS.: . - ~O;G 14.23.8Manholes shall be located at the junction of sewers and at changes in grade, pipe size, or alignment. They shall also be installed at all intersections. Sanitary sewer manholes should not be located where surface water drain into them. When this is not possible, a watertight cover shall be specified. For this purpose, and also for assisting in locating manholes across country, the rims shall be set above grade. 14.23.9A drop manhole shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. Where the difference in elevation between the incoming sewer and the manhole invert is less than 24 inches the invert shall be filleted to prevent solids deposition. 14.23.10Minimum angle between influent and effluent sanitary sewer lines at a manhole shall be ninety (90) degrees. 14.23.11Both vertical and horizontal alignments shall be reviewed with the Augusta Utilities Department prior to finalization. 14.23.12All pipes crossing proposed sanitary sewer lines shall be shown as conflicts in plan and profile views on the sanitary sewer plan sheets (not on detail sheets). Crossings shall be designated by a letter (A, B, C, etc..:) and include information regarding top of pipe and bottom of pipe elevations. Contact the Augusta Utilities Department for an example. The design engineer is responsible for identifying all conflicts. 14.23. 13 Where indicated on the plans, pipe stub-outs for the connection of future sewers shall be provided during the construction of new manholes. Each stub-out shall be plugged in the bell end of the stub-out with plug approved by Augusta Utilities. 14.24SANITARY SEWER MATERIAL Pipe for sanitary sewers shall be polyvinyl chloride (PVC) or ductile iron pipe (DIP) as outlined below. However, DIP is considered a remedial measure for special applications only. Standard pipe lengths not greater than 20 feet shall be used. Force main pipe shall be of approved C900-CL200 water pipe. PVC pipe shall be manufactured from virgin resin conforming to ASTM D-3034 (latest version) with minimum classification of SDR-35. DIP shall be epoxy-lined and conform to AWWA Cl51/ANSI A21.51 (latest version). Design methods shall conform to A WW A CI50/ANSI A21.50 (latest version). DIP shall be Class 350 for 12" and smaller. All fittings shall be of the same quality and material as the pipe to be used. Pipe classes shall be determined based upon the installation and the use intended. Pipe shall be Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-23 appropriately labeled on the drawings. WYE fittings shall be utilized. TEE fittings and saddles shall not be allowed. All DIP fittings shall be ductile iron or cast iron. Aerial pipe shall be mechanical joint DIP or continuous weld, wrapped and coated steel pipe. Piers shall be placed at every joint directly behind the bell. Site conditions may dictate construction utilizing more stringent requirements than indicated in the standard detail. Anchor collars shall be constructed on the pipe whenever pipe grade is 20% or greater. Restrainers may be used in lieu of collars when a particular brand and method are determined equivalent. 14.24.1 DIP shall be required in the following circumstances: 14.24. 1. 1 When sanitary sewer line has less than four (4) feet of cover. Minimum depth of DIP is two (2) feet. 14.24.1.2When a sanitary sewer line cross over storm pipe (Must be one joint of DIP centered on the crossing) 14.24. 1. 3 When a sanitary sewer line passes laterally within one (1) foot of a storm sewer line (Must be one joint of DIP centered on the crossing). 14.24.1.4When a sanitary sewer line is to have in excess of eighteen (18) feet of fill. 14.24.1.5When a sanitary sewer line is at the maximum slope of 20%. 14.24.1.6For last joint of pipe at all drop manholes greater than three (3) feet. 14.24.1.7When a sanitary sewer is less than six (6) feet under a street. 14.24.1.8The Utilities Director may mandate DIP in any instances of off-site or on-site construction where future abuse to the line is possible due to location or circumstances, extensiye length under pavement, or in private property away from right-of-way areas. 14.24.2 PVC shall be jointed with a rubber gasket and shall conform to ASTM F477 (latest version) and manufacturer's recommendations. Solvent weld is prohibited. DIP shall be of the bell and spigot type with push-on joints conforming to ANSI A21.11 (latest version) or mechanical joints. 14.24.3 Sewer Pipe Bedding: Bedding requirements shall apply to sanitary sewer lines only. They are not to be considered minimum bedding requirements and as such, do not relieve the Engineer/Contractor of the responsibility to provide any additional bedding necessary for proper construction. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-24 ~"UGU.S.: - EO;c; Bedding shall be carefully placed along the full width of the trench so that the pipe is true to line and grade of the pipe barrel. Bell holes shall be provided so as to relieve pipe bells of all load, but small enough to ensure that support is provided throughout the length of pipe. Crushed stone embedment material shall conform to ASTM C33, Graduation #67 (3/4" to #4). Bedding material shall be placed underneath and be carried up the sides of the pipe as specified below. Class B Bedding shall be performed by first undercutting the trench an adequate amount to provide bedding under the pipe bell. The trench shall then be brought to grade with compacted crushed stone as specified above for the full width of the trench. The bedding material shall be placed in the zone four (4) inches below the pipe and the pipe laid to line and grade and backfilled with compacted crushed stone placed the full width of the trench up to one-half the outside diameter of the pipe. Select backfill placed in six (6) inch layers and compacted shall be the backfill from the springline of pipe to 18 inches above the pipe. A minimum Class B Bedding shall be used for all plastic pipes. Class C Bedding shall be performed by first undercutting the trench an adequate amount to provide bedding under the pipe bell. The trench shall then be brought to grade with compacted crushed stone as specified above for the full width of the trench. The bedding material shall be placed in the zone four (4) inches below the pipe and the pipe laid to line and grade and backfilled with compacted crushed stone placed the full width of the trench up to one-fourth the outside diameter of the pipe. Select backfill placed in six (6) inch layers and compacted shall be the backfill from the bedding material to 18 inches above the pipe. . A minimum Class C Bedding shall be used for all ductile iron pipes. 14.24.4 Jack and Bore Installations: Casing pipe used with jack and bore shall be in accordance with requirements of the Georgia Department of Transportation (GDOT) or railway specifications. 14.24.5 New sewers shall be tied-in to the existing sewers at locations indicated on the plans. No lines smaller than six (6) inches shall be tied to a sewer line or manhole. All tie-ins to existing manholes shall be cored. The Contractor shall be responsible for maintaining uninterrupted service of the sanitary sewer during tie- in operations. No connection to existing sanitary sewer shall be allowed until the proposed sewer line is inspected and approved by the Augusta Utilities Department's Inspector. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-25 ~".UGS.:. - CE~RC. 14.24.6 Side sewers shall be installed where shown on the plans. A side sewer consists of a sewer extending from a connection to the street or main sewer to its connection to the house sewer or other point. For new 8" through 12" diameter sewers, the side sewer connection shall be constructed with a wye fitting in the street sewer with a 45~degree elbow. For new l5" and larger pipes, or existing sewers, the connection shall be made by machine made tap and suitable saddle, unless otherwise approved by the Augusta Utilities Department. Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall start and proceed up grade from the point of connection at the street sewer or other starting point. Pipe shall be laid in a straight line at a uniform grade between fittings or on a uniform horizontal or vertical curvature achieved by deflecting the pipe joints within the manufacturer's recommended limits. The maximum deflection permissible at anyone fitting shall not exceed 45 degrees. The maximum deflection of any combination of two adjacent fittings shall not exceed 45 degrees unless straight pipe not less than 2 Y2 feet in length be installed between such adjacent fittings or unless one of such fittings is a wye branch with a cleanout provided on the straight leg. 14.24.7 Material for transition (e.g., PVC to DIP) shall be indicated and specified. Where offset of DIP is required, mechanical joint DIP shall be installed with mechanical joint heavy body DIP sleeves at the reconnections. 14.24.8 Sanitary Sewer Manholes: Precast manholes shall conform to the latest edition of ASTM C-478 (five inch wall thickness). Use six (6) inch wall thickness ifmanhole exceeds 20 feet in depth. All holes for incoming and outgoing pipe will, whenever possible, be precast, with pipe tie-in made using PS 1 0 flexible gasket, manufactured by PressSeal Gasket Corporation, or approved equal. In the event of the necessity of cutting new holes, the holes shall be machined cored neatly and carefully so as not to damage the structural integrity of the manhole and large enough to allow the insertion of a flexible rubber boot. Precast holes shall be flexible boot fitted. Barrel joints shall be tongue and groove with performed plastic meeting the requirements of Federal Specifications SS-S-002l0, "Sealing Compound, Preformed Plastic Pipe Joints" Type I, rope form, also known as "Ram Neck." Eccentric manholes cones are required. Inverts shall be constructed of3,000 psi plant mix. Manhole steps shall be installed in all sections of each manhole as indicated on the drawings. Frame and covers shall be cast or ductile iron and set in a bed of mortar on the top of the manhole and completely grouted outside and wiped smooth. Ring and cover shall be USF-170 or approved equal. Cover shall read "Sanitary Sewer." Watertight manhole covers are to be used wherever street runoff or high water may flood the manhole tops. Locked manhole covers may be Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-26 ~..UGUS: - eo:' may be desirable in isolated easement locations or where vandalism may be a problem. Where corrosive conditions due to septicity or other causes is anticipated, consideration shall be given to providing corrosion protection on the interior of the manholes. The minimum diameter of manholes shall be 48 inches; larger diameters are required for large diameter sewers. A minimum access diameter of 22- ~ inches shall be provided. Outside drop manholes shall be precast and constructed for incoming lines having invert 24 inches or more above the invert of the manhole outlet, with DIP and tie rods per Detail No. 14.08. Shallow manholes shall be precast or Type B slab top precast and shall be constructed in accordance with ASTM C-478 (latest version). Drop manholes should be constructed with an outside drop connection. Inside drop connection (when necessary) shall be secure to the interior wall of the manhole and provide access for cleaning. Inside drop connections shall be used only when approved by the Utilities Department Engineering Division. Due to the unequal earth pressure that may result from the backfilling operation in the vicinity of the manhole, the entire outside drop connection shall be encased in concrete. A bench shall be provided on each side of any manhole channel when the pipe diameter(s) are less than the manhole diameter. The bench should be sloped no less than Y2 inch per foot (4 percent). No lateral sewer, service connection, or drop manhole pipe shall discharge onto the surface of the bench. 14.24.11 All construction material shall be first quality, not previously used. Repair clamps are not acceptable. Damaged or faulty pipe aild materials must be properly replaced. All gaskets shall be new. When connecting to existing valves or fittings, gaskets shall be replaced, not reused. 14.24.12 The Engineer shall provide a complete set of shop drawings, which shall indicate the Augusta Utilities Department's specific material requirements. In general, material requirements will be guided by the latest versions of the specifications of A WW A and ASTM. Augusta Utilities Department September 2000 . Design Standards & Construction Specifications 14-27 _".UGUS.: - ~~:-c. 14.25 SANITARY SEWER SYSTEM DESIGN Design requirements are as follows: 14.25.l Per Capita Flow, Average: 125 gallons per day (gpd) 14.25.2 Minimum velocity in collector sewer: 2.0 feet per second (fps) 14.25.3 Maximum velocity in collector sewer: 10.0 feet per second (fps) 14.25.4 Minimum collector sewer size: 8 inch 14.25.5 Infiltration Allowance: 25 gpd/in Dialmile 14.25.6 Ratio of Peak to Average flow: 2.5 14.25.7 Design depth of flow @ Peak Flow: 0.75 of Full 14.25.8 Design Period: 30 Years 14.25.9 Minimum Manning's "n" Factor: 0.014 14.26 LIFT STATION DESIGN All lift stations shall be installed underground, unless otherwise directed by the Utilities Director. Wet well size and pump sizing shall be determined by a professional engineer, after a comparative study has been done of the area surrounding the proposed construction. Potential future development of the surrounding area should be incorporated into the design. All potable water services around sewage pumping facilities shall be provided with an approved reduced pressure backflow prevention (RPZ) device. All pipes entering the wet well and discharging from the wet well into the valve pit shall be mechanical joint DIP. PVC pipe will not be permitted. Pipes shall be sized per the design engineer's calculations and pump data. 14.26.1 Pumps, valves, and pipe sizes, shall be designed by a professional engineer. Calculations for the design shall be submitted to the Augusta Utilities Department for review and approval. Pump specifications shall be provided to Augusta Utilities for review. Valves shall have a minimum of a 18-inch clear zone in all directions. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-28 14.26.2 14.26.3 14.26.4 - ~ The valve pit shall consist of a precast manhole cone section or a precast concrete box. The bottom shall have 2-inch diameter pre-drilled holes filled with gravel for drainage. A cone section shall be set on a minimum 4-inch thick concrete slab with an open bottom and gravel for drainage. For proposed piping, the manhole shall have cored holes fitted with flexible rubber boots. Standard ring and cover shall be installed and grouted to the cone section. The top of the valve pit shall be a minimum of six (6) inches above finished grade. Electrical systems and components (e.g., motor, lights, cables, conduits, switch boxes, control circuits, etc.) in raw wastewater wells, or in enclosed or partially enclosed spaces where hazardous concentrations of flammable. gases or vapors may be present, shall comply with the National and the City of Augusta Electrical Code requirements. In addition, equipment located in the wet well shall be suitable for use under corrosive conditions. Each flexible cable shall be provided with a watertight seal and separate strain relief. A fused disconnect switch located above ground shall be provided. For the main power feed for all pumping stations. When such equipment is exposed to weather it shall meet the requirements of weatherproof equipment. One such equipment such as the control panel shall be duplex NEMA 4X with audible and visible alarms. Lightning and surge protection systems should be considered. A 110 volt power receptacle to facilitate maintenance shall be provided inside the control panel for lift stations that have control panels outdoors. Ground fault interruption protection shall be provided for all outdoor outlets. Permanently-installed or portable engine-driven generating equipment must be available for emergency operation of all lift stations. Generating unit size shall be adequate to provide power for pump motor starting current and for lighting, ventilation, and other auxiliary equipment necessary for safety and proper operation of the lift station. The City of Augusta must approve allowance for the operation of only one pump during periods of auxiliary power supply. Special sequencing controls shall be provided to start pump motors unless the generating equipment has the capacity to start all pumps simultaneously with auxiliary equipment operating. Where portable generating equipment or manual transfer is provided, sufficient storage capacity with an alarm system shall be provided to allow time for detection of pump station failure and transportation and connection of generating equipment. Special electrical connections and double throw switches shall be installed at all lift stations where emergency power will be provided by portable generating equipment. Design engineer and/or contractor shall coordinate type and Design Standards & Construction Specifications Augusta Utilities Deparbnent September 2000 14-29 ~~GUS.: - EORG size of all permanent or portable generators with City of Augusta prior to lift station construction. 14.26.5 Wastewater pumping stations and portable equipment shall be supplied with a complete set of operational instructions, including emergency procedures, maintenance schedules, tools and spare parts as may be necessary. CONSTRUCTION: 14.27 INSTALLATION Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a sanitary sewer line. Construction of sewer infrastructure will be authorized by the Utilities Department upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours prior to starting construction (706-772- 5503). Where water lines will encroach public right-of-way, a Right-of-Way Encroachment Permit approved by the Public Works Department is required prior to construction. A Right-of-Way Encroachment Permit application is available through the Public Works Department (706-821-1706). Installation of sanitary sewer pipe and associated appurtenances shall be in accordance with current ASTM specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage. All pipe shall be carefully examined before it is installed in the trench. Damaged pipe or pipe which does not meet specification requirements shall be rejected and removed from the work site. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Backfill shall be free of boulders and debris, and shall conform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as designed. Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. All concrete cradles, saddles, or encasements shall be installed as shown on the plans. These structures shall be constructed in strict accordance to the details shown on the plans. Concrete shall have a 28 day compressive strength of 3,000 psi when tested in accordance with ASTM Specification C-39. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-30 ~UGUS.: - eC:; All manholes indicated on the plans shall be furnished and installed by the Contractor in strict accordance with the plans. The invert channels shall be smooth and accurately shaped to the semicircular bottom conforming to the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the sewer and entering branches shall have as long a radius of the true curvature as the size of the manhole will permit. The top of manholes shall be topped out with brick as indicated on the plans. The number of courses will depend on the required elevation of the top of the manhole. The maximum number of brick courses allowed shall be three (3). New sewer lines shall be inspected through use of camera inspection equipment with an Augusta Utilities Department Inspector at the time of installation and again before the. one-year warranty expires. The Developer is to provide the Augusta Utilities Department with a color VHS system videotape of the inside of every reach of sanitary sewer . installed. The tape shall record manhole number to manhole number, date of recording, and distance from start of run. The tape shall include a distance and location description of every service line connection installed. The manhole numbering system shall be the same as shown on the approved development plans. 14.27.1 Installation: 14.27.1.1 Sewer Pipe Laying: The pipe shall be laid with bell or groove end upgrade. Pipe shall be tested for soundness, clear interior and satisfactory joint surfaces before lowering the pipe into the trench. Pipe shall be laid in straight lines and on uniform grades between points where changes in alignment or grade are shown. The pipe barrel shall be uniformly bedded. The line and invert grade of each pipe shall be checked from a top line carried on batter boards not over 25 feet apart or by use of a laser beam target inserted in each joint. Pipes shall be laid to form a smooth, uniform invert. A stopper shall be installed in the pipe mouth when pipe laying is not in progress. PVC gravity sewer pipe and force main shall be installed in accordance to ASTM D2321, latest version. Ductile iron force main shall be installed in accordance with A WW A C600, latest version. 14.27.1.2 Backfilling Around Pipe: As soon as the joint material has set, fine earth shall be carefully tamped around each joint, and around and over the pipe to a depth of at least 2 feet above the top of gravity pipelines. In addition, all PVC sewer pipe shall be bedded in selected material from the pipe centerline down to a point 3 to 6 inches below the pipe invert. Selected materials for this purpose shall be Class I or II soils as specified in ASTM D2321. Reconstruction of any roadway section or right-of-way shall be in accordance with the Georgia Department of Transportation and City of Augusta Specifications. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-31 ~.".UGU.S.:. - E~;C. l4.27.1.3 Sewer Structures: Appurtenant sewer structures shall be constructed according to one or more of the following methods: 14.27.1.3.1 Masonry: Brick for manholes and other sewer structures shall be laid with shove joints completely filled with mortar. Horizontal joints shall not exceed 2 inch, vertical joints 3 inch on their interior face. In circular structures, all brick shall be laid as header with joints broken between courses. Interior joints shall be struck or wiped smooth with the face of the wall. The exterior of sanitary sewer manholes shall be plastered to a thickness of at least 2 inch. 14.27.1.3.2 Laying Brick and Concrete Block Work: Only clean brick or block shall be used. The brick or block shall be moistened by suitable means, as directed, until they are neither so dry as to absorb water from the mortar, nor so wet as to be slippery when laid. Each brick or block shall be laid in a full bed and joint of mortar without repairing subsequent grouting, flushing, or filling, and shall be thoroughly bonded as directed. 14.27.1.3 .3 Plastering and Curing Brick or Block Masonry: Outside faces of masonry shall be plastered with mortar from 3 inch to d inch thick. If required, the masonry shall be properly moistened prior to application of the mortar. The plaster shall be carefully spread and troweled so that all cracks are thoroughly worked out. After hardening, the plaster shall be carefully checked by being tapped for bond and soundness. Unbonded or unsound plaster shall be removed and replaced. Masonry and plaster shall be protected from too rapid drying by the use of burlap kept moist, or by other approved means, and shall be protected from the weather and frost, all as required. 14.27.1.3.4 Manhole Inverts: Manhole flow channels shall be constructed of concrete, sewer pipe, brick or precast, and shall be of semicircular section. Each manhole shall be provided with such channels for all connecting sewers. The inverts shall conform accurately to the size of the adjoining pipes. Side inverts shall be curved and main inverts (where direction changes) shall be laid out in smooth curves of the longest Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-32 .UG. U.S: - ecJ; possible radius which is tangent to the centerlines of adjoining sewers. 14.27.1.3.5 Drop Manholes: Drop inlets shall be provided into manholes on sanitary sewers for incoming lines having inverts 2 feet or more above the inverts of the manhole outlet lines. Drop pipe and fittings shall be encased in masonry integral with the manhole and extending from the manhole base to the top of the incoming sewer. Diameter of drop manholes to be four feet at a mInImum. 14.27.1.3.6 Setting Manhole Frames and Covers: Manhole frames shall be set with the tops conforming accurately to the grade of the pavement or finished concentric with the top of the masonry and in a full bed of mortar so that the space between the top of the manhole masonry and the bottom flange of the frame shall be completely filled and made watertight. A thick ring of mortar extending to the outer edge of the masonry shall be placed all around the bottom flange. The mortar shall be smoothly finished to be flush with the top of the flange and have a slight slope to shed water away from the frame. Manhole covers shall be left in place in the frames on completion of other work at the manholes. 14.27.1.3.7 Setting Precast Manholes Sections: Precast-reinforced concrete manhole sections shall be set so as to be vertical and with sections and steps in true alignment. All holes in sections, used for their handling, shall. be thoroughly plugged with mortar. The mortar shall be 1 part cement to 12 parts sand; mixed slightly damp to the touch until it is dense and an excess of paste appears on the surface; and then finished smooth and flush with adjoining surfaces. 14.27.1.4 Bulkheads and Flushing: The contractor shall build a tight bulkhead in the pipeline where new work enters an existing sewer. The bulkhead shall remain in place until its removal is authorized by the Engineer. Care shall be taken to prevent earth, water and other materials from entering the pipe, and when pipe laying operations are suspended, the Contractor shall maintain a suitable stopper in the end of the pipe and also at openings for manholes. All sanitary sewer, except building connections shall be flushed with water in sufficient volume to obtain free flow through each line. All obstructions shall be removed and all defects corrected. As soon as possible after the pipe and manholes are completed Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-33 14.27.1.5 14.27.1.6 14.27.1.7 14.27.1.8 14.27.1.9 - ~ on any line, the Contractor shall flush out the pipeline using a rubber ball ahead of the water. None of the flushing water or debris shall be permitted to enter any existing sewer. Temporary Plugs: At all times when pipe laying is not actually in progress, the open ends of the pipe shall be closed by temporary watertight plugs or by other approved means. If water is in the trench when work is resumed, the plug shall not be removed until all danger of water entering the pipe has passed. Joints and Structure Rightness: All pipe joints shall be made as nearly watertight as practicable. There shall be no visible leakage at the joints and there shall be no sand, silt, clay, or soil of any description entering the pipelines at the joints. Leaks in the pipeline~ which cause infiltration or exfiltration to exceed limits herein specified shall be repaired by replacing defective pipe. Grouting and/or caulking to repair pipelines where excessive infiltration or ex filtration is evident will not be permitted. Fittings and Stoppers: Branches and fittings shall be laid by the Contractor as indicated on the drawings and/or as directed by the Engineer. Open ends of pipe and branches shall be closed with premolded gasket joint stoppers which conform with the same requirements as pipe being used. Sewer Line Relation to Water Lines: Sewer lines and sewer force mains in relation to water lines shall conform to "Ten States Standard" Section 29.3 at a minimum. Sewer lines shall have at least a 10 foot pipe-to-pipe horizontal separation from known or proposed water mains. When a sewer crosses under a water main, there shall be at least 18 inches from the crown of the sewer line to the bottom of the water main. In all cases where adequate vertical separation as stated above cannot be achieved (or whenever sewer lines must be installed to cross above a water main), both the water and sewer lines shall be constructed of ductile iron pipe a distance of 10 feet on each side of their intersection with one full length of water main centered on the sewer line. Minimum Cover for Sewer Lines: Gravity sewer lines shall have a minimum of 3 feet of cover at the crown of the pipe. In cases where this minimum cover cannot be achieved, ductile iron pipe shall be used. Augusta Utilities Department September 2000 . Design Standards & Construction Specifications 14-34 14.27.1.10 14.27.1.11 ..I-.\lG. u.s.:. a. " ecJ; Detectable Tape: Detectable tape as manufactured by Reef Industries of Houston, Texas, or equal shall be installed during the backfill operation at a point 1 foot below the final finished grade. The detectable tape shall be a 5.5 mil composition film containing one layer of metalized foil laminate 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 soils. 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. 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 Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. Standards, Part 5, "Pipelines" and those ofthe railroad involved. 14.27.1.11.1 Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A252, with minimum wall thickness of 0.219 inch. Steel pipe will have a minimum yield strength of 35,000 psi. . Casing pipe shall be joined together with welded joints. 14.27.1.11.2 Carrier Pipe: The carrier pipe shall be ductile iron as . specified herein. 14.27.1.11.3 Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If voids 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 Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-35 - ~ casing. The empty space shall then be filled with sand and the ends of the casing shall be sealed with brick and mortar. 14.27.1.12 Force Main Installation: In general, sewer force main must be installed in accordance with the water distribution system specifications. Polyvinyl chloride (PVC) force main must conform to ASTM D-2241, latest version. Ductile iron force main must conform to ASTM A-377, latest version. 14.27.1.13 Removal and Replacement of Existing Pipe and Equipment: where indicated on the drawings or required to properly place the work under this contract, as approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved by the Engineer. 14.27.2 INSPECTION INFILTRATION/EXFILTRATION LEAKAGE TESTS Upon completion of a section of the sewer, the Contractor shall dewater it and conduct a satisfactory test to measure the infiltration or exfiltration for at least three consecutive days. The amount of infiltration including "Y" branches, and connections shall not exceed 1 00 gallons per inch diameter per mile of sewer pipe per 24 hours for gravity sewer pipe. The amount of 50 gallons per inch diameter per mile of sewer per 24 hours shall not be exceeded for ductile iron pipe. The Contractor shall be responsible for the satisfactory watertightness of the entire section of sewer. As required, suitable bulkheads shall be installed to permit the test of the sewer. Where the ground water level is less than 1 foot above the top of the pipe at its upper end, or as directed by the Engineer, the sewer shall be subjected to exfiltration testing by plugging the pip~ at the lower end and then filling the pipelines and manholes with clean water to a height 4 feet above the top of the sewer at its upper end. The leakage out of the sewer, measured by the volume of the water necessary to maintain meter level in the highest manhole, shall not exceed 200 gallons per inch diameter per 24 hours per mile of sewer for gravity sewer pipe. The amount of 50 gallons per inch diameter per 24 hours per mile of sewer shall not be exceeded for ductile iron pipe. The sewer shall be tested before any connections are made to buildings or to active sewers. The Contractor shall construct such weirs and bulkheads as may be required, shall furnish all water, labor, test plugs, power, pumps, meters, and other equipment necessary for the test to be properly made. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-36 - ~ The Contractor may use a low pressure air test as an option to the hydraulic infiltration/exfiltration leakage test for gravity lines provided the Contractor established a correlation between the air test results and the quantity of infiltration/exfiltration actually being experienced by the line and the allowable air pressure drop shall be that corresponding to the allowable hydraulic leakage specified previously in this section. Such a correlation is to be established according to a procedure satisfactory to the Engineer. The low pressure air test shall be performed in accordance with the applicable sections ofthe Uni-Bell UNI-B-6-90, latest version. If the Contractor opts to use the low pressure air test, leakage tests on manholes shall be conducted independently of the lines by using a hydraulic infiltration/ex filtration test as directed by the Engineer. The allowable infiltration into the manhole over a 24 hour period is zero and the allowable exfiltration is also zero when tested by plugging off the manhole and filling it with water four feet above the top of the sewer and measuring the water loss over a 24 hour period. 14.27.3 MEASUREMENT AND PAYMENT Payment will be made at the unit contract prices as shoWn in the bid schedule under Sanitary Sewer. Measurement of pipelines shall be the actual number of linear feet of pipe installed, complete in place and accepted. No deductions in length will be made for manholes. Measurement of manholes will be the vertical dimension to the nearest tenth of a foot from the invert of the outlet pipe to the top of the manhole cover ring casting. Concrete encasement will be paid for at the contract unit price, per cubic yard, for the actual volume of concrete placed, up to the volume of concrete required by the maximum dimensions for concrete encasement shown on the plans. Concrete in the excess of that volume, will not be paid for. No separate payment will be made for any special fittings, tie-ins, or connections, nor will any separate payment be made for normal bedding of sewer pipe. Service lines will be paid for at the unit contract price as shown in the bid schedule under Sanitary Sewer, complete as shown on the plans Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-37 ~."UGUS: '~' ~ .eORc. SECTION 14C EXCAVATION & BACKFILLING 14.28 SCOPE This section covers all excavation, trenching and backfilling for pipe lines, complete. 14.29 EXISTING IMPROVEMENTS The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work. Where and if shown on the plans, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such information prior to proceeding with the work. He shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings and if necessary to provide temporary walkways and bridges for crossing of the open trench as directed. Work shall not commence within Augusta right-of-way until a Right-of-Way Encroachment Permit is obtained from the Public Works Deparment. 14.30 EXCAVATION All excavation of every description and of whatever substances encountered shall b~ performed to the depths indicated on the drawings or as specified herein. Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. Excavation methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards. All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, 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 bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-38 _".UGUS:. - cO; sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation shall proceed in a conventional manner with satisfactory effort made to remove hard materials before the Engineer makes a determination of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can and will show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete, as directed. 14.30.1 Grading and Stacking: All grading in the vicinity of trench excavation shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half times the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. 14.30.2 Shoring and Sheeting: All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to direct the placing of such Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-39 ~..UGUS.:. - ,eo';'G protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than 1 foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. 14.30.3 Water Removal: Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will not cause injury to public or private property, or the work completed or in progress. All efforts to prevent sedimentation shall be made. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. 14.30.4 Blasting: Explosives are to used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench. 14.30.5 Tree Protection: 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. 14.31 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. Backfilling within Augusta right-of-way shall conform to Georgia Department of Transportation and City of Augusta specifications. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-40 ~"UGUS.: '~' ~ !'~; For 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 tamped 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 density at least equal to that of the surrounding earth 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 the 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 Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. 14.32 BORING AND JACKING Where required by the drawings, the pipeline 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 Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. standards and those of the railroad involved. The steel casing shall be in accordance with ASTM A252 to the thicknesses shown on the drawings. Augusta Utilities Department September 2000 . Design Standards & Construction Specifications 14-41 - ~ 14.33 PAVEMENT REMOVAL AND REPLACEMENT Where necessary existing pavements shall be removed and replaced, the applicable specifications of the Georgia Department of Transportation or local authority shall govern this work. Joints shall be sawed, unless joints equally uniform in the opinion of the Engineer result from other means. Refer to Right-of-Way Encroachment Guidelines for pavement removal and replacement with Augusta right-of-way. 14.34 MEASUREMENT AND PAYMENT Excavation and backfilling for pipelines and appurtenances, except as hereinafter provided for, will be considered as incidental to the construction of the various elements of the installation it is associated with, and no separate payment will be made therefor. When made at the direction of Engineer, overcut, rock excavation and backfill to compensate for rock will be made at the unit contract price for rock excavation per cubic yard measured in place. When made at the direction of the Engineer, overcut and backfill to compensate for inadequate foundation will be paid for at the unit contract price for overcut and clean stone bedding, per ton of stone. Sheeting ordered to be left in place will be paid for at the unit contract price for sheeting left in place, per board foot. Joints in pavements will not be paid for separately. Pavement removal and replacement will be paid for at the unit contract price therefor, per square yard. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-42 - ~ SECTION 14D PLAN SUBMITTAL Water Construction Plans: Water Construction Plans submitted to the Augusta Utilities Department for review must contain the following at a minimum: Project Name Developer's name, address, and phone number Owner's name, address, and phone number Design professional's name, address, and phone number Design professional's signed seal Locatlon/Vicinity Map North arrow on all applicable sheets Scale (minimum I" = 20'; maximum I" = 100') Show subject property information including subdivision name, lot numbers, block letters, property owners, etc. Show adjacent property information including subdivision name, property owners, etc. Show existing conditions, structures, pavement widths, right-of-way widths, easements, adjoining roads, etc. Show the locations, size and material of existing water mains along with other appurtenances. Existing water lines shall be shown as dashed lines. Show the location, size and material of proposed water mains, valves, hydrants and service lines along with all other water appurtenances involved with the proposed project. Proposed water lines shall be shown as solid lines. Number all fire hydrants. Show locations, type and size of all backflow prevention devices. Label all easements with respect to type and size. Show easements'shaded-in to be dedicated to the Augusta Utilities Department for water lines installed outside proposed right-of-ways. Sanitary Sewer Construction Plans: Sanitary Sewer Construction Site Plans submitted to the Augusta Utilities Department for review must contain the following at a minimum: Project Name Developer's name, address, and phone number Owner's name, address, and phone number Design professional's name, address, and phone number Augusta Utilities Department September 2000 Design Standards & Construction SpeCifications 14-43 .".UGUS.~ 8: C~O; Design professional's signed seal Location/Vicinity Map North arrow on all applicable sheets Scale (minimum 1" = 20'; maximum I" = 100') Show subject property information including subdivision name, lot numbers, block letters, property owners, etc. Show adjacent property information including subdivision name, property owners, etc. Show existing conditions, structures, pavement widths, right-of-way widths, easements, adjoining roads, etc. Show the locations, size and material of existing sanitary sewer lines and force mains along with other appurtenances. Existing sewer lines shall be shown as dashed lines. Show the proposed location, size and material of sewer mains, force mains, manholes, service lines with clean-outs and sewerage lift stations involved with the proposed project. Proposed sewer lines shall be shown as solid lines. Creek crossings require full scale details at 1" = 20' scale minimum, including piers, collars and all other appurtenances. Show easements shaded-in to be dedicated to the Augusta Utilities Department for sanitary sewer lines installed outside of proposed rights-of-way. Show easements dedicated to the Augusta Utilities Department for sanitary sewer lines to serve adjacent properties. Plan and Prorde: Plan and profile sheets shall be provided for all sanitary sewers (except service laterals). Profiles shall have a horizontal scale of not more than 1" = 1 00' and a vertical scale of not more than 1" = 1 0'. The plan view should normally be shown on the same sheet as the profile. Plan and profile view should have line designations, station numbers, manhole numbers and any other indexing necessary to easily correlate the plan and profile views. Plan ~d Profiles shall show the following: Location and names of streets, sewers and drainage easements Line of existing and proposed ground surface, the grade of the sewer between each two adjacent manholes, invert of sewer in and out of each manhole (label as directional if more than 2 pipes connected to manhole), and surface elevation of each manhole. All manholes shall be numbered on the plan and correspondingly numbered on the profile. The station number shall be shown for each manhole. The location and elevation of adjacent parallel stream beds and of adjacent water surfaces shall be shown on the plan and profile. Sizes, locations and inverts of all special features such as connections to existing sewers, wet wells, concrete encasement, collar walls, elevated sewers, piers, special manhole covers such as vented outfall or sealed covers, etc. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-44 '\ _UGUS: - l'or;'G All structures, both above and below ground, which might interfere with the proposed construction, particularly water mains, gas mains, storm drains, utility conduits, etc. Identify pipe crossings with letter, or other, designation on the plan and profile. Specify top of pipe and bottom of pipe elevations at crossings to verify there is no conflict. See Section 14.21.ll. General Notes: Notes to be shown on Site Plans include: 1. The Developer and/or Developer's Contractor is responsible for verifying the exact location, size and material of any existing water or sewer facility proposed for connection or use by this project. 2. All construction of water and sanitary sewer lines shall be in accordance to Augusta Utilities Department's Standards and Specifications. 3. All water lines shall be class 200 PVC meeting A WW A C-900, unless otherwise shown. 4. All water lines are to be tested, chlorinated, and checked for bacteria. 5. Augusta Utilities Engineering Department shall be notified 24 hours prior to any construction, tie-ins, or testing of water or sanitary sewer lines. (706-772-5503) If no answer leave message. 6. Copper Wire (12 gauge, Bare Single Strand) shall be attached along top of all buried PVC water lines, wrapped around service corporations and stubbed up into all valve boxes for locating purposes. 7. Per Augusta Utilities Specifications for backflow installations for non-residential development, a minimum "Double Check" Backflow device shall be installed on the customer's side of all service lines (domestic, irrigation and fire). Fire lines require a "Detector Type" backflow device. Backflow Devices shall be tested by a certified person within 5 working days of installation and the results furnished to the Utilities Engineering Department within 10 working days of installation prior to any water use. 8. Per Augusta Utilities Specifications for backflow installations residential development shall install a "Dual Check" Backflow Device on the customer's side of service line at the point oftie-in to the water meter. 9. All water valves on the main lines, including hydrant laterals, shall be: open-left if installed south of Gordon Highway (SR 10); or open-right if installed north Gordon Highway. 10. The Developer and/or Contractor shall furnish and install an approved meter box (Rome type 10" x 19" x 10" cast iron or approved equal) at the termination point of all water services and maintained until such time as meter is installed. 11. All water meters shall be purchased from the August Utilities Department. l2. Maximum sanitary sewer infiltration shall not exceed 100 GPD/inch of pipe diameter per mile. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-45 _."UGU.S:. - e~; l3. All tie-ins to existing manholes shall be cored. All manholes require "K or N Seal" or equal rubber boots. 14. No connection to existing sanitary sewer lines until the proposed sewer line is inspected and approved by the Augusta Utilities Engineering Department. 15. Sanitary sewer clean-outs shall be installed at all individual services as shown in detail and installed as not to be under driveways. 16. Finished floor elevations of all proposed buildings shall be a minimum of five (5) feet above the invert elevation of the sanitary sewer main! manhole at the point oftie-in 17. Provide 0.1 foot drop across all sanitary sewer manholes. 18. Sewer force main shall be PVC C-900, class 200 or D.I.P. and shall have 12 gauge bare single strand wire attached along the top of the main. 19. A minimum 15' Utility Easement Centered over all water lines and a minimum 20' Utility Easement centered over all sanitary sewer lines shall be deeded to the Augusta-Richmond County at completion and acceptance of said lines. 20. Disturbance to any Survey Markers or Monuments requires re-establishment by a licensed surveyor at the Contractor's expense. 21. For private developments, the Developer/Owner shall be responsible for pavement patching/replacement and the site restoration whenever Augusta Utilities Department must repair/replace utilities on the property. The developer shall arrange for access by the Augusta Utilities Department as required to make the repair/replacement of the utility 22. Contractor shall contact the Utilities Protection Inc. "Call Before You Dig" service in order to locate utilities prior to starting any excavation or construction. 23. If in the course of construction, a conflict arises between the new work and the existing water and sewer facilities, it will be the responsibility of the Owner/Ddeveloper, at his expense, to correct same as directed by a representative of Augusta Utilities Department. 24. A right-of-way encroachment permit shall be obtained from the Public Works Department prior to commencing work within Augusta right-of-way. Details: The detail drawings at the end of this Section shall be included with the construction drawings. Record (As-Built) Drawings: At the completion of the water and/or sanitary sewer construction and prior to recording the final plat, the Contractor shall furnish the Augusta Utilities Department's Inspector with Record Drawings of the project. The Record Drawings must show all field changes made to the approved drawings. Record Drawings shall be prepared by a registered surveyor and/or professional engineer and submitted in digital format, as well as hard copy. Acceptable digital formats include Arc/Info, Arc/Info export file, or a DXF file generated by AutoCad from the DWG file. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-46 - ~ All Digital Record Drawings submitted must conform to: Projection: Georgia State Plane East Datum: NAD83 Units: Feet A Data Dictionary should be included with each DXF file defining individual layers. The design engineer shall use GPS to verify 2 or 3 points prior to conversion to state plane coordinates. Water record drawings shall be a separate plan from the sewer record drawing. Maximum plan size shall be 24" x 36". Scale shall be no larger than 1" = 20' and no smaller than 1" = 1 00'. No hand-drawn or marked up construction plans will be accepted as record drawings. "AS-BUILT DRA WING" shall be stamped in large print on the plan. If the project is a phase of a subdivision, a location sketch of the entire subdivision with subject phase outlined shall appear on drawings. Record drawings shall contain the following information: Developer's name, address, and phone number. Contractor's name, address, and phone number. Lot numbers. Road names and right-of-way widths. Water and sanitary easements. All water service locations and distances from both front property comers of serviced lot. All sanitary sewer services with clean-outs and distances from both property corners of serviced lot and from nearest manhole. Invert and top elevations of all manholes. Acceptance of Work: Once an approved Record Drawing, final inspection and final plat with maintenance agreement is recorded, the Augusta Utilities Department will accept the new constructed system. The Developer/Owner shall be responsible for any defects in materials or workmanship within the subject system for a period of twelve (12) months from the date of the maintenance agreement. IMPORTANT: A note stating that Augusta Utilities shall not be responsible for pavement repair or site restoration associated with repair/replacement of a water or sewer line shall be included on all final plats for private developments. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-47