Loading...
HomeMy WebLinkAboutRae's Creek Relief Sewer Temporary Pump Station VO PUOWlF'!"M ulslli3nv UO.\7>z:t..~ O\..l\YJd f.u1Q~,.oJ"-lt'c:L .Ydcn'~S (J"d ~ I'd ~ )'?'~J J ~101.:3WVN lN3WO:)Oa TJ-o...\ fUO'J :3dAl lN3WD:)Oa \0:l1V3;\ / Ii/ :"M3IIWDN XOH QJ b 91 :"MtIHWDN 31Id 0\\ :StIOVd dO "M3HWON r ("rf' SNOI.L V~1~I:>3dS W:>INH:J3'.L ONY S.LN3Wn:>OO .L3VlI.LNO:> 1I0.i NOILV.LS dWild j\HVHOdW3L H3A\3S .!I3I'1:nI )l3IDI:J S,3VlI 01109 "ON L:J3fOHd B!~.I03D 'Blsn~nv .I0J pa.lBda.ld S3I.LI'1I.Lil V.LSilDnV T-\f7 C"7 '""J Nvr c', ",L. ; I (, i .\ Aq p3.1Bd3.1d ...~ .--- - .-' ..-----..-),::3 E'060f BpI.l03n 'BlsnSnv 9t'Sl 1:08 .0. d - l33.QS sm3 lSt' SHOA3AHIlS - SlI3NNV'ld - SlI33NInN3 .:>"d 'lSJnq~nqM. 't1 UOSlJ~qO"H 'UOlSUBJ3 100l'Sl.l3qw3ld3S lfon t'-OOOl 1/17/2002 10:39 AM ." 9,17068681855 'tvv CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DD/YY) ... ~ ACORQM 01/17/2002 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 POUCIES BELOW. Norcross, GA 30092-2205 Linda Mi tchell INSURERS AFFORDING COVERAGE INSURED Blair Construction Inc INSURER A: Transportation Ins. Co. P. O. Box 770 INSURER B: American Casualty Company Evans, GA 30809 INSURER C: Transcontinental Ins. CO. INSURER 0: I INSURER E: ."": -- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS. IN': TYPE OF INSURANCE POLICY NUMBER . POUCY EFFECTIVE POLICY EXPI~~S1N LIMITS I ~NERAL LIABILITY Cl035739868 12/31/2001 12/31/2002 EACH OCCURRENCE $ l,OOO,OO(] X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,OOC I CLAIMS MADE []] OCCUR MED EXP (Anyone person) $ 5',000 A - PERSONAL & AOV INJURY $ l,OOO,OO( i-- GENERAL AGGREGATE $ 2,000 OO( ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS, COMPIOP AGG $ 2,OOO,OO( .nPRO, n POLICY JECT LOC ~TOMOBILE L1ABIUTY. L.1035739871 12/31/2001 12/31/2002 COMBINED SINGLE LIMIT X (Ee accldenl) $ l,OOO,OO(] ANY AUTO - - ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B I-- ~ HIRED AUTOS BODILY INJURY ~ NON.OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY. AUTO ONLY, EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY Cl035739885 12/31/2001 12/31/2002 EACH OCCURRENCE $ 5.000 DOC t!lOCCUR 0 ClAIMS MADE AGGREGATE $ 5,OOO,OOC .A q DE~UCTIBLE '- - $ $ RETENTION $ $ WORKERS COMPENSATION AND WCCl035739S54 12/31/2001 12/31/2002 X I TORY LIMITS I IOTH~ ER EMPLOYERS' LIABILITY 500,000 C E.L EACH ACCIDENT $ E.L. DISEASE. EA EMPlOYEE $ 500,000. E.L DISEASE - POLICY LIMIT $ 500,OOC OTHER Cl035739868 12/31/2001 12/31/2002 $250,000 per item/maximum Leased/Rented Equipment. $1,000 per claim ded. :p'ESCRIPTlON OF OPERATIONSIlOCATlONSNEHICLES/EXCLUSIONSADDED BY ENDORSEMENT/SPECIAl- PROVISIONS roject: Rael"s Creek Relief Sewer & Temporary Pump Stat10n Augusta, GA Contract Amount: $105,955.20 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETfI:R: CANCELLATION SHOULD ANY OF THE ABOVE: DESCRIBED POLICIES BE CANCELLED BI:FORI: THE -~.f EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I:NDEAVOR TO MAlL .,f ..:. . ~ DAYS WRlTfEN NOTICE TO THE CERTIFICATE HOLDI:R NAMED TO THE LI:Fr;;.'c , ,'I- Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILlTY !. Room 60S Municipal Building OF ANY KIND UPON THE COMPANY, ITS AGI:NTS OR RI:PRI:SI:NTATIVES. Augusta, GA 30911 AUTHORIZED REPRESENTATIVE -;?'7.?~ ~ (J Mark Javnes'CSP/NCJ /t; ::: C /""1'--' , ,. 6,-ngn ?I;:_<: 17/07\ rr!l6,-ngn '-ngDng6Tln~ 1QAR o I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR PROJECT NO. 60110 RAE'S CREEK RELIEF SE\VER TEMPORARY PUMP STATION Augusta, Georgia AUGUSTA-RICHMOND COUNTY COMMISSION The Honorable Bob Young Mayor Lee Beard Ulmer Bridges Henry H. Brigham Jerry Brigham Andy Cheek Richard Colclough William B. Kuhlke William H. Mays, III Stephen Shepard Marion Williams George Kolb Administrator Max Hicks Director, Augusta Utilities Department Cranston, Robertson & Whitehurst, P.C. Engineers - Planners - Surveyors Augusta, Georgia September 28, 2001 2000.413.32 I I I I I I I I I I I I I I I I I I I SECTION I lB P BB CA A NA PB NP GC-O GC SC-O SC TS-O TS TABLE OF CONTENTS TITLE NO. OF PAGES Invitation for Bids Instructions to Bidders Proposal Bid Bond " -' 2 2 Certificate of Owner's Attorney Agreement Notice of Award Performance and Payment Bonds Notice to Proceed Index to General Conditions General Conditions Index to Special Conditions Special Conditions Index to Technical Specifications Technical Specifications " -' 5 57 2 24 I I I I I I I I I I I I I I I I I I I INVITATION TO BID Sealed Bids will be received in this office until hereinafter referred to as project name: for the improvement of sanitary sewer, PROJECT NO. 601] 0 Rae' s Creek Relief Sewer - Temporary Pump Station for City of Augusta Utilities Department Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams The City of Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 309 I 1 At the time and place noted above the bids will be publicly opened and read. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Roon'l 605, Augusta, Georgia 3091]. Copies maybe obtained upon payment of $30.00 non-refundable per set. Bid documents may be examined during regular business hours at the offices of City of Augusta Purchasing Department, Cranston, Robertson & Whitehurst, Augusta Dodge Plan Room, and Augusta Builder's Exchange. It is the wish of the Owner that minority businesses are 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. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% bid bond is required to be submitted in a separate envelope so marked along with the bidders qualifications; a 100% performance bond aJ'ld a 100% payment bond will be required for award. The Ownel:s reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number and Project Name on the outside of the envelope. Any objections to the specilications as set forth should be filed in writing prior to bid opening. GERT A SAMS, Purchasing Director Publish: Augusta Chronicle Metro Courier cc: Brenda Byrd-Peleaz Max Hicks Jim Rush - City of Augusta Equal Opportunity - City of Augusta Utilities - CH2M Hill 1-1 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS I B-O 1 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be 'withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINA TION OF WORK Each bidder shal I, by careful examination, satisfy himselfas 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 v,Iay affect the work or the cost thereof under the contract. No oral agreement or conversation wi th any officer, agent, or employee of the 0 WN ER, ei ther 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 3091] and to be given consideration must be received at least ten days prior to the date fixed tor 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 tor 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. IS-I I I I I I I I I I I I I I I I I I I I ] B-04 PREP ARA TION 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. :Moditications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the lnvitation for Bids. Moditications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly ovvned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in 311 cases. IB-OS BASIS OF A \V ARD 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 specitications. 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 vvork of a similar nature to that covered by the contract and has sufticient 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 EQU1PMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualitications. 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 lB-2 I I I I I I I I I I 'I I I I I I I I I him all such additional informatiori 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 qualitied 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 1 ist of the names and addresses of not less than five (5) ti rms 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 specitied, 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-h1Ct who sign bonds must file with each copy thereof a certiJied and effectively dated copy of the power of attorney. I B-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards wi II 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. MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT Jt is the intent of the Augusta-Richmond County Commission to increase the involvement of qual ified minority and economically disadvantaged businesses in the contracted work of County Government. ln an effort to support this intention, this project is offered to all qualdied 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 Jinn or a firm that has included such firms as subCONTRACTORs on this project. The bidders shall include with their bid a stateinent of qualification for themselves and/or any qualified subCONTRACTORs explaining why they should be considered a minority or economically disadvantaged tirm.lf the firm does not fall into this category, no information is necessary. IB-3 , \I ~ ~. ~ I I I I I I I I I I I I I I I ~.\. .....'.... SECTION P PROPOSAL DATE: -:uece,.....~e"... /~I 200/ Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and to perform all work for the project refelTed to herein as: RAE'S CREEK RELIEF SEWER TEMPORARY PUMP STATION in strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: One J/.h?d '-~cl "777 Q.... f 0-'"7 c:/ ,J../, ~ e ).j "",~.J .....,.cl ,c:::;;t. ,t::::; --- e. . and -rWSI7+-/ 1100 dollars (1IIo~ 95'S-,?=:.) , , 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 \-vill 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 TeJL (lQ) calendar days after the date of written notice to proceed, and that he will complete the work within Sixty (60) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Enclosed is a bid guarantee, consisting of c:::t.. ~Jd Bo",c! in the amount of /0 "/"0 at ~-I-a...1 /3 I d (1/ /~, 5''15'" ,,-8) Respectfully submitted, --;s Ie.-;,... c;ns-l-......c.+,.o~. -::Z:;;c , , FIRM NAME '?o. l?o')l. ?7o E"V___~I . G~...y.ec.. J0809 BUSINESS ADDRESS BY:()}~~ o(rvtze~~ TITLE: ~ --;>rss ;de.-r+- P-l , - - ~ ~ ~ II I .1 I I I I I I I I I I I ...,.,- BID SCHEDULE 2000-413.32 , . TO ACCOMPANY THE PROPOSAL OF BIDDER: 7/a-;r c;,....s-l-rvc.--I-,...--7, :Z;;C . , ADDRESS: ~o. !?~'JC. 7")0 CVe-....r-. Geor,:o.- .?c>$o~ / FOR THE CONSTRUCTION OF RAE'S CREEK RELIEF SEWER - TEMPORARY PUMP STATION ITElVI NO. I. DESCRIPTION, QUANTITY, UNIT & UNIT PRICE 30" DIP Sanitary Sewer 20 L.F. @ $ 213 '!!:: IL.F. AlVIOUNT $ 4-2 7~ l!E 2. Connector Manholes 2 EA@ 7784- '!:E lEA $ /5S68 80 $ ..., .J. 10" PVC Suction Line and Force Main (Including All Fittings and Appurtenances) @ /9~ ] ,840 L.F. $ IL.F. $ 3t&. 303 ~ 4. Quick Connect Vault Complete (Including All Pipe, Va1ves and Appurtenances within the Vault) Lump Sum $ /S-~3/ ~ 7. Lump Sum Construction (Including but not limited to pipe handling, clearing and grubbing, relocation, grading, tree protection fence, soil erosion, sedimentation control measures, grassing and pipe testing). 2BZI3 ?E.. Lump Slill1 $ 8. Mobilization, Complete (Including Bonds) Lump Sum $ 2820 ~ 9. Trench Rock Excavation 10 C.y.@ $ 7, 00 Ic.y. $ 700 C?2 0- 10. Overcut and Suitable Backfill 60 c.y. @ $ 23~ Ic.y. $ /3B(p ~ 11. Select Backfill ]00 c.y. @ $ {p~ IC.Y. $ ~S-o~ 12. Concrete Encasement c.Y.@ $ /00 ~ Ic.y. $ 4-0 00 4.0 0- GRAND TOTAL $ /o~ 95"5", .2~ I P-2 I I I. I \.;- BID BOND KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. of PO Box 770, Evans, Georgia 30809 (hereinafter called the Principal), as Principal, and National Fire Insurance Company of Hartford (hereinafter called the Surety), as Surety are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 60S, Augusta, Georgia 30911 (hereinafter called the Obligee) in the penal sum of 10% of bid _ __ _ _ __ _ _ _ ~ _ , _ _ , _ _ __ __ _ _ _ __ __ _ __ _ _ __ __ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ -- - - - - -- - - -- - . -- - -- - -- -- -- . - - - -- - -- -- - - Dollars ($ 10% of bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for &:le's CI:'e2k Mief S:v.er 'IErrp:n:ary Rrcp Statim NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 12th day of D:o:nter 2001 Witness Blair Construction, Inc. {-f)J~ '?~~JA .::xxw::e Pres ;cle...+ (Seal) Principal l~~ S~ ---:o~ Title Witness National Fire Insurance Company of Hartford, CNA Plaz~, { Chicago, III 6 By~-L>/ ~F Buck Leigh Attorney-in-Fact I i.:..... IS3/GEEF 10/99 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINE~TAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FI'RE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING PENNS:LVANI~, a Pe~ns~lv~nia corpo~tion (herein collectively caned .the CCC Surety Companies.), are duly organized and existing chorp?rat,ons haVing their pnnclpal.offices In the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals . ereln affixed hereby make, constitute and appoint James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually I I I I I of Columbia, South Carolina their true and la~ul Attorney(s)-in:Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature . In Unlimited Amounts - I and to bind them the~eby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Powerof Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused Ihese presenls to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October 1999 State of Illinois, County of Cook, 5S: - On this 28th day of October , 1999 . before mEtpersonally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY CO~PANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affIXed 10 the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ............................ >> ~ : .OFFICIAL SEAL. : : ClANE FAULKNER : ~.' () I' : HctIlY ~ ~. of Ullnola - ~ . My ~ bptrd 9/17101 : :........................... I I I I I I I I I I I I IIRev.10/1/97) . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD :11:;"7~:G' PENNSYLVANIA Marvin J. Cashion Group Vice President I. My Commission Expires September 17. 2001 Diane Faulkner Notary Public CERTIFICATE ~a I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY O.F HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herem above set forth is sti\l in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 12th day of Le:arl::er, 2C01. . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICA~ CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution ofopolicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact.' I I I I I I I I I I I I I I I I I I I I ..., Authorizing By-Laws and Resolutions . '. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the. Board of Directors of the Company. NArtlcIe IX-Executlon of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution. of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors. the . President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authonty previously given to any attomey-in-fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. . 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may .be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and . any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company: This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the Presid~nt or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company: ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FiRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. . .RESOL VED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact: This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and .the seal. of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed. shall with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Corporation: I I I I I I I I I I I I I I I I I I I ~ ~. CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned James B. Wall , the duly authorized and acting legal representative of Augusta. Georgia, do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof andl am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE:. CA-l I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT ,).., THIS AGREEMENT, made on thed~ of ~~, 200l, by and between AUGUSTA, GEORGIA BY AND THROUGH THE AUGWSTA-RICH ONDCOUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and BLAIR CONSTRUCTION, INC., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans described in the specifications for the project entitled: RAE'S CREEK RELIEF SEWER - TEMPORARY PUMP STATION and in accordance with the requirements and provisions ofthe Contract Documents as defined in the General and Special Conditions hereto attached which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION -- LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ten (lQ) calendar days after the date of written notice by the Owner to the Contractor to proceed. The work on the Augusta Country Club property shall be completed within thirty (30) calendar days and all remaining work shall be completed within Sixty (60) calendar days after the date of such notice and with 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 qeginning, 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 insure full completion there of within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the 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 ANY PORTION OF THE WORK WITHIN THE TIMES HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay to the Owner the sum of Five Hundred Dollars ($500.00), not as a penalty, but as liquidated damages for A-I I I I I I I I I I I I I I I I I I I I such breach of contract as hereinaftei! set forth, for each and e\/ery 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 impracticabi lity and extreme difficulty of fixing and ascertaining the actual damages the O\vner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and the speci fications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever: and where under the contract an additional time is allowed for the completion of any work, the new time .limit fixed by extension shall be the essence of the Contract. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of \vork in the attached schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. (B) Progress Payments On no later than the fifth day of every month, the Contractor shall submit to the Owner an estimate covering the percentage of the total amount of the Contract which has been completed :fi'om the start ofthe job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only quantities in place and at the unit prices 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 \vork 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 Engineer 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 the 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. A-2 I I I I I I I I I I I I I I I I I I I (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. __~''O.''-'" _--- ~\CHMO!\tb \\~ ~~ooo.oooo..oo ('0 -. it' ~ 00 00 ~ t", , <j 00 00 -" '" 1;;;;'00 Oo..t.l';, ~ , . ~ ~.o =_ '.A'"' .~ ,.. t"'l . 0 (SEAL) BLAIR CONSTRUCTION, INC. BY:U~.<~~ ~J ~AA' As its --;>~5/~G I'-I-r- ATTEST: . /lJ~ 'In ~ ;/ - Secretary ~ .. ~~ S. ~~ Witness Address: P.O. BOX 770 EVANS, GEORGIA 30809 , - ~- , - - .~ ,-- - - - ., :-- "':'- -:= -~ A-3 I I I I I I I I I I I I I I I I I I I .",Ji!i.' SECTION NA' NOTICE OF AWARD TO: BLAIR CONSTRUCTION, INC. PROJECT: RAE'S CREEK RELIEF SEWER - TEMPORARY PUMP STATION The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ 105.955.2Q . You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance and Payment Bonds within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will beentitled to consider all rights arising out ofthe OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The O\VNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this J1thclay of January, 2002. AUGUSTA-RICHMOND COUNTY COMMISSION BY: t1 rYl.f ~ Max Hicks, P .E. TITLE: Director. Augusta Utilities Department *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE OF A WARD is hereby acknowledged by --:i>/a-J""r c;#?~-I;VC./-'-D'7 / ~c, , this the ':1 ~ day of 7~~-: ,2002. BY: L0~ R.~ ~ - TITLE: .~/(" Sf de- + NA-l I I I Bond No. 929 229 251 I PERFORMANCE BOND Conforms with The American Institute of Architects A.l.A. document No. A.311 I 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) I I as Principal, hereinafter called Contractor, and, National Fire Insurance Company of Hartford. CNA Plaza, ChicaQo. Illinois 60685 (Here insert full name and address or legal title of Surety) I as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605, I Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner) I I as Obligee, hereinafter called Owner, in the amount of One HundredFive Thousand Nine Hundred Fifty Five and 20/100 - - - - - - - - - - - - - - - - - - - - , , _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - - - - - - - - - - - -. Dollars ($ 105,955.20 .). I for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, I Contractor has by written agreement dated , entered into a contract I with Owner for Rae's Creek Relief Sewer Temporary Pump Station (Here insert full name, address and description of project) I I in accordance with Drawings and Specifications prepared by Cranston, Robertson & Whitehurst, P.C. PO Box 2546, Augusta, Georgia 30903 (Here insert full name and address or legal title of Architect) I which contract is by reference made a part hereof, and is hereinafter referred to as the I I S.1219/GEEF 10/99 CIS b;79&b..(!/c.;( (). ~ -~'- (G;(.~sTderrt-agent Page 1 of 2 I PERFORMANCE BOND I 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. I The Surety hereby waives notice of any alteration or extension of time made by the Owner. I 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 I the default, or shall promptly I) Complete the Contract in accordance with its terms and I conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety 10f 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 I and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the I I I Signed and sealed this I day of to -s.~~ .-. P-L- I (Witness) I 14iot- I ' J ;J-A (Witness) I I 1'1219/GEEF 10/99 Page 2 of 2 contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. ':' .....,'\. ..I ";., { - - ",' - ~'~ ':\,. ~.~ _--::::. .. ~~:",-;'~ - "- '".....,,, - Blair Construction, Inc., PO Box 770, Evaris.;-Georgia.J0809 '.~ (Seal) '0.' ~ :,~ " ~,,->(Principal) ~ 0~R~t-~:^ --;::>kE.s1 IJE;.rr (Title) National Fire Insurance Company of Hartford { :;"("t~ Buck Leigh, Attorney- -Fact " ~.; (Seal) (Surety) - .?' - '~ ........~~ r;;- ~'-~ .' (Title) I I I LABOR AND MATERIAL PAYMENT BOND Conforms Bond No. 929 229 251 with The American Institute of Architects I 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 I KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal tille of Contractor) I I as Principal, hereinafter called Principal, and, National Fire Insurance Company of Hartford, CNA Plaza, ChicaQo, Illinois 60685 (Here insert full name and address or legal title of Surely) I as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605, I Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner) I I as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One HundredFive Thousand Nine Hundred Fifty Five and 20/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 105,955.20 ). I for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I WHEREAS, Principal has by written agreement dated , entered into a contract I with Owner for Rae's Creek Relief Sewer Temporary Pump Station (Here insert full name, address and description of project) I I in accordance with Drawings and Specifications prepared by Cranston, Robertson & Whitehurst, P.C. PO Box 2546, Augusta, Georgia 30903 (Here insert full name and address or legal title of Architect) I I which contract is by reference made a part hereof, and is hereinafter referred to as the I S.1220/GEEF 10/99 Page 1 of 2 I LABOR AND MATERIAL PAYMENT BOND I 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 I 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 I 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 I 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, I 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 I 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 I the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any I 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 I 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 I to whom the materials I Signed and sealed this day of .., , ......, -\. \ I ~~ I I I ....... i /1( //If;:;t-~--<'1-^/ . (Witness) I I I S-1220/GEEF 10/99 Page 2 of2 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 (1) 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 a\nd 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. { . ~ .....:...~\,.' ,-~ ~~ -~...... ~- :::-..:.,. ~.... ,~#"." /" Blair Construction, Inc., PO Box 770, Evans;-Ge09i2.-'30'8_09 (Seal) ~.-;. ,/.., /....... / ,,~(P~inCipal) J ___ ~ :....._ - / ~-I" - v ~ . uJj-e/~~R.~-.~~" ~ --;':>Ae 51 1> E;oI'- (Title) National Fire Insurance Company of Hartford . :~.J ..-~' (Seal) (Su!"l~ty) >- ::' ~J { -:; ... I ~~4~t Buck Leigh, Attorney-i act '- (Title) I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT I, Know All Men By These Presents, That CONTINENTAL CASUALlY _COMPANY, an Illinois corporation, NATIONAL FIRE ~NSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AME'IiUCAN CASUALlY COMPANY OF READING ENNS:LVANI~, a Pe~ns~lv~nia corpo~tion (herein collectively called "the CCC Surety Companies'), are duly organized and existin corp~ratlons haVing their prlnclpal.offices In the City of Chicago, and State of Illinois, and that they do by virtue of the signature and se~fs ereln affixed hereby make. constitute and appoint James D. Thaxton, Theodore J. Marek, Buck Lei h, G. A. Weathersb ,Individuall 10f Columbia, South Carolina their true and la~ul Attorney(s)-in:Fact wi.th full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - land to bind them the~eby as fully and to the same exte~t as If such. instruments were signed by a duly authOrized officer of their corporations and all the acts of said Attorney, 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-Laws and Resolutions, printed on the reverse Ihereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October ,1999. I Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: ~ On this 28th day of October , 1999 ,before mltpersonally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago. State of Illinois; I that he is a Group Vice President of CONTINENTAL CASUALlY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affIXed to the said Instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, I and acknowledges same to be the act and deed of said corporations. :..........................: .. · OFFICIAL SEAL. : : DIANE fAUU<NER : I : NotDrt ~ .... of Ullnola - _ My CommlNIon bpIrd 8/17101 : S_........--................ I I CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD A1~:;~G,PENNSVLVANIA .. >>~ ~~ My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA .~a I Mary A. Ribikawskis Assistant Secretary of CONTINENTAL CASUALlY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF I HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENN~YLVANIA do hereb~ certify that the Power 0.1 Atto~ney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this __day of I c"sU1()' . Q~ It cO""OAAT. ~ .. i · 1. CD SEAl. ...-: 'B1l1 lev.10/1/97l Mary A. Ribikawskis Assistant Secretary I .. Authorizing By-Laws and Resolutions I ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the. Board of DirectOlS of the Company. "Article IX-ExecutJon of Documents Section 3. Appointment. of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-In-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Ch.alrman of the Board of Directors, the . President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authonty previously given to any attorney-in-fact.' This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. . 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company rnay .be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company rnay be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company: I !!!! . - .. ~ .. iiiii ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: ~ This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article V~xecutlon of ObligatIons and AppoIntment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors. the President or any Executive, Senior or Group Vice President rnay, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of"olicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. The President or any Executive. Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact: This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. . "Resolved. that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority ofthe following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the Preside~t, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from tirne to time. appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance bonds, ~nderta.kings and other ~bligatory Instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their . respective certificates of authonty, shall have full power to bind the Corporation. by their signature and execution of any such instrument and to attach t~e seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previOUSly given to any Attorney-in-Fact: This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President. an Executive Vice President or any Senior or Group Vice President and the seal o~ the Corporation may be affixed by facs!mlle on any power of attorney granted pursuant to the Resolution adopted by this Board of . Directors on F~b!'lary 17. 1 99~ and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by faCSimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be v~lid and binding on the Corporation. Any such power so execut'ld and sealed and certified by certificate so executed and sealed, shall With respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." I I I I I I I I I I I I I I I I I ,I I , ..~~~t: ,...; .~~~. SECTION NP NOTICE TO PROCEED DATE TO SUBJECT: NOTICE TO PROCEED PROJECT: RAE'S CREEK RELIEF SEWER - TEMPORARY PUMP STATION Gentlemen: You are hereby notitied to commence work in accordance with the Agreement, within Ten CliD calendar days following the date first written above, and you are to complete the work within Sixty (60) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore AUGUSTA-RICHMOND COUNTY COMMISSION BY: Max Hicks, P .E. TITLE: Director. Augusta Utilities Department *** ACCEPTANCE OF NOTICE*** Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this_ day of , 2001. BY: TITLE: NP-l I I I I I I I I I I I I I I I I I I I SECTION GC-O INDEX TO GENERAL CONDITIONS ARTICLE -01. Definitions -02. Preliminary Matters -03. Contract Documents: 1 ntent, Amending, Reuse -04. Availability of Lands. Physical Conditions, Reference Points -05. Bonds and Insurance -06. Contractor's Responsibilities -07. Other Work -08. Owner's Responsibilities -09. Professional's Status During Construction -10. Changes In The Work -11 . Change of Contract Price -12. Change of Contract Time -13. Warranty and Guarantee; Tests and Inspections: Correction, Removal or Acceptance of Defecti ve Work -14. Payments to Contractor and Completion -15. Suspension of Work and Termination -16. Dispute Resolution -17. Miscellaneous GC-O I I I I I I I I I I I I I I I I I I I SECTION GC 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 ofthe Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be' performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. AppliC(ftion fi)r Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and \vhich is to include such supporting documentation as is required by the Contract Documents. !3id-The offer or proposal of the bidder submitted on the prescribed form setting forth tl1e 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 O,:dern A document recommended by PROFESSIONAL which is signed by CONTRACTOR and O\VNER 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 ariy 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). GC-l I I I I I I I I I I I I I I I I I I I Contract Time-The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a.working day or calendar day as specified in the bid documents. If a calendar day shall 1~11l 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. Detective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation offinal payment. unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Ejfective Date olthe Agreement-The date indicated in the Agreement on which it becomes effective, but ifno such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General f(equirements-Sectioris of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice (dAward-The written notice by OWNER to the apparent successful biclcler 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. No/ice 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. GC-2 I I I I I I I I I I I I I I I I I I I Partial Utilization-Placing a portion ofthe Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. pJ"(y'ect Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Represent(ftive- The authorized representative of PROFESSION AL who is assigned to the site or any part thereof Shop Drawings-All drawings, diagrams, illustrations, schedules and other data ,,'hich are speci tically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perforni.ance 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 ofa part of the Work at the site. Substal1t ial Completion- The Work (or a speci fied 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 COI1tract 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 II as applied to any Work refer to Substantial Completion thereof. Supplementmy C'ondit ions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, material man or vendor. GC-3 I I I I I I I I I I I I I I I I I I I Underground Facilities-All pipelines, conduits, ducts, cables, ,vires, manholes, vaults, tanks, timnels 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 H/ork- Work to be paid for on the basis of unit prices. Work- The entire completed construction or the various separately identitiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Directive Chonge-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 diffel'ing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Directive Change wi II be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, ifany, 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 ofthe Agreement and normally dealing with the non- engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. GC-4 I I I I I I I I I I I I I I I I I I I ARTICLE 2-PRELIMINARY MATTERS DelivelY 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 DocLlments. Copies ofDocllmel1ts: 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 Proceeclmay be given at any time after the Effective Date of the Contract. Starting tile Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRl\CTOR 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 conf1ict, error, ambiguity or discrepancy in the Coi1tract Documents, if CONTRACTOR . knew or reasonably should have known thereof. 2.6. Within ten days aller the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: GC-5 I I I I I I I I I I I I I I I I I I I 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. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-CO/lslructio/l COJ~rere/lCe: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, PROJECT MANAGER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Fi/lalizi/lg Sebedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall . . have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or'relieve CONTRACTOR from full responsibility therefor. Tile finalized schedule of Shop Drawing submissions and Sample s.ubmissions \vill 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 foe 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-6 I I I I I I I I I I I I I I I I I I I ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Illtellt: 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 wi th the law of the .State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Pro.iect (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that ma); 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 application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification fi'om 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. GC-7 I I I I I I I I I I I I I I I I I I I Amending ({nd 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 3.6.3. a Work Di,;ective Change (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PRO FESSI ON AL's \vritten interpretation or certification (pursuant to paragraph 9.4). Reu!;e of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications . or other documents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; mid they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Proj ect or any other proj ect without wri tten consent of O\VNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC-8 I I I I I I I I I I I I I I I I I I I ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A va ilabiliOI of Lands: 4.1. O\VNER 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 O\VNER 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 II and 12. The CONTRACTOR shall proyide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Pllysical Conditions: 4.2.1. E'(p!orations 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 COIisultants 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 f1'om 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 GC-9 I I I I I I I I I I I I I I I I I I I COUNTY 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 Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, i fthey differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. lethe Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract isjustified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Pllysical 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 0 \VNER or PROFESSION AL by 0 WNERs 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 \vith the OWNERs of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground .facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6,22, identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Undergro1ll1d 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 attri butable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and \vhich CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereot: CONTRACTOR may GC-l 0 I I I I I I I I I I I I I I I I I I I make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish referel,1ce points for construction which in PROFESSIONAL'sjudgment 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 establ ished reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL \vhenever 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: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in . Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for O\VNER 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 aileI' 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. I f COUNTY and CONTRAC:tOR cannot agree as to entitlemerlt 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 II and 12. COUNTY may have deleted such portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. GC-ll I I I I I I I I I I I I I I I I I I I 4.7.1 The provisions 01'4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5-BONDS AND INSURANCE . Performance and Other Bonds: 5.] . 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 Acceptabl~ 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 SUJ'etics and] nsurer"s; 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 qualitications 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. I f the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or . becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to 0 WNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive generalliabilit)' and other insurance as is appropriate for the Work being performed and furnished and as will provide GC-12 I I I I I I I I I \1 I I I I I I I I I protection ii'om claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obI igations 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. ] . Claims under workers' or workmen's compensation,disabi I i ty 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; 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 \vhich 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 itselt~ because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because. of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or e11dorsement that the coverage afforded wi II not be canceled, materially changed or renewal refused unti I 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 CON=rRACTOR 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 Liabilit.F Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include cbntractualliability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. GC- ] 3 I I I I I I I I I I I I I I I I I I I 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 Doclllnents. Property IlIsurallce: 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 o \VNER, 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 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 "al! 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 add i tional insured parties. 5.8. All the policies of insurance (or the ce11ificates 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 ifany of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. GC-14 I I I I I I I I I I I I I I I I I I I 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'Rio"ts: . ~ 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 \vaive 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.] ], 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 oJinsurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.1 ] .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. 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 thereol~ 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 0 WNER's exercise of this power. If such objection be made, 0 WN ER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. GC-15 I I I I I I I I B I I I I I I I I I I If required in willing by any pmiy 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, O\VNER shall notit)! 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 alTorded by or other provisions of the policies of insurance required to be purchased and maintained by O\\1NER 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 Utilizatiol1-Proper~F Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the \york prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated 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. Indel1l1l [fica/ion 5.] 6.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and 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 and of them, or anyone for whose acts any of them may beliable, whether or not it is caused in \vhole or in part by the negligence or other fault of a party indemnified hereunder. 5. J 6.2. In any and all claims against COUNTY or any of its agents or el11ployees 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, GC-16 I I I I I I I I I I I I I I I I I I I 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 COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's'fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-l 7 I I I I I I I I I I I I I I I I I I I ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.]. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, niethod, 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 t-inished Work complies accurately \vith the Contract Documents. . 6.2. CONTRACTOR shall keep on the Work, at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRAC]~OR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Nfateria!s am! 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 Gene,:al 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 faci lities 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.lfrequired 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 exceptas othenvise 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 thefurnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15: GC-18 I I I I I I I I U I I I I I I I I I I 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. Substitutes or "Or-Equal" Items: 6.7.]. Whenever materials or equipment are specified or described in the Contract Documents by using the name ofa proprietary item or the name ofa 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 CONTl"ZACTOR. 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 Comple- tion on time, \vhether 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 all 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. I f 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.] as applied by PROFESSIONAL and as may be supplemented in the General Req uirements. GC-19 I I I I I I I I I I I I I I I I I I I 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 without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special perfornlance 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 ([l1d Othe/:s: 6.8.]. 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. 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 equipmentto be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objec- tion 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 orany such Subcontractor, Supplier or other person 6r organization shall constitute a waiver of any right of OWNERor PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with C;:ONTRACTOR 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 partofOWNER 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. GC-20 I I I I I B I I I I I I I .1 I I I I I 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 amI Royalties: 6.] 2. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone dii-ectly 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 performailce of the 'Nark 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 infl:ingement 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 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. GC-21 I I I I I I I I I I I I I I I I I I I Taxes: 6.15. CONTRACTOR. shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way. permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the o\vner or occupant thereofor 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 andcourt and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such. other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the . Contract Documents. 6.] 8. 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. GC-22 I I I I I I I I I I I I I I I I I I I S{![ety 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 ot~ and shall provide the necessary protection to prevent damage, injury or loss to: 6.20. I. all employees on the Work and other persons and organizations who may be af/ected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either ofthern or anyone 1"01' whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). 6.2 I. 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: 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 GC-23 I I I I I I I I I I I I I I I I I I I any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. ffPROFESSlONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to sllch an emergency, a Change Order wi II be issued to document the consequences of such action. SllOp Drawings amI 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 identitied 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 ofall deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.25.1. Before submission of each Shop Drawing or sample, CONTRACTOR shall have . determined and verified all quantities, dimensions, specified performance criteria, installation GC-24 I I I I I I I I I I I I I I I I I I I requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Draw'ings 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 \vill review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance \vith the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Manager staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements. of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the: specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.29. Where a shop drawing or sample is required by the Contract'Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will beat the sole expense and responsibility of Contractor. Continuing tlte Work: 6.30. CONTRACTOR shall carryon 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. GC-25 IJ. I I I I I I I I I I I I I I I I I I I Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations.. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Inde11ln ificatioll: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible 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 Subcontl:actor, 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 La\v and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for vvhose 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-26 I I I I I I I I I I I I I I I I I I I ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereofwill 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 II 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 'vvritten 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 bendit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.2. Ifany 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 wi 11 constitute an acceptance of the other work as fit and proper for integration ,vith CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If 0 WNER 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-27 I I I I I I I I I II I I I I I I I I I ARTICLE 8---0WNER'S RESPONSIBIlLITIES 8.]. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL. O\VNER 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. O\VNER 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. O\VNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. 0 \VNER's responsi bi lity 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 13.1 0 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-28 I I I I I I I I I I I I I I I I I I I 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 PROFES- SIONAL. 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 O\VNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and I imitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWN ER 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 InteIJJretations: 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 II or 12. Authodzcd 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 vvith the overall intent of the Contract Documents. These may be GC-29 I I I I I I I I I I I I I I I I I I I accomplished by a Field Order and will bc binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testi ng 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. I I. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the GC-30 I I I I I D I I I I I I I I I I I I I 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 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 Oil PROFESSiONAL's RespolIsibilities: 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, seq uences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform th~ 'Nork in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omIssIons of CONTRA CTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC- 3 1 I I I I I I I I I I I I I I I I I I I ARTICLE lO--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. Ifthe proposal request calls only for the deletion of Work. the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The en-ect 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 OVv'NER for approval. lOA. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 11.3. The Work Directive Change will specifY a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and ] 2, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directi ve. 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. Ifnotice 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 CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-32 I I I I I I I I I I I I I I I I I I I ARTICLE ll-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise 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 oftime 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 aresult 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 1.1.2. I J .3. The value of any Work covered by a Change Order or of aJiy claim for an aenustment 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. ] 1.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price itenis 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. Luri1p 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. GC-33 I I I I I I I I I I I I I I I I I I I 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 IIA and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11A through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of tlte Work: 11A. 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 O'vVNER. 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: IIA.I. 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 incl ude 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. I1A.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 GC-34 I I I I I B I I I I I I I. I I I I I I 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. ]] .4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 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 oftransportation, load.ing, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR. any Subcontractor or anyone di rectly or indirectly employed by any of them or for whose acts any of theni may be liable, and royalty payments and fees for permits and licenses. 1 ] .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 furnishingofthe 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. GC-35 I I I I I I I I I I I I I I I I I I I 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. I 1.4.5.9. 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. I. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (ofpartnershilj and sole proprietorships), genera' managers, PROFESSIONALs, 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 CONTRACTOR's Fee. II .5.2. Expenses of CONTRACTOR's principal area branch onices other than CONTRACTOR's office at the site. 1 ] .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. I 1.5.4. 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. I ] .5.6. Other overhead or gelleral expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fcc: 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 ifnone can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: GC-36 I I I I I I I I I I I I I I I I I I I 11.6.2.]. for costs incurred under paragraphs 11.4.1 and 1 ] .4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 1] .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; ] 1.6.2.3. 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 CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. I] .7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of allman-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. Itis understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the \\1 ork so covered to be done by such Subcontractors or Suppliers and for such SUl11S within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: 1 ] .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 ] 1.8.2. 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 allO\vances. No demand for additional payment on account of any thereofwill be valid. GC-37 I I I I. I I I I I I I I I I I I I I I 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 (lnd 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 proJ-it for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and signiticantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the partes are unable to agree as to the amount of any such increase. GC-38 I I I I I I I I I I D I I I I I I I I ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager wi.thin fifteen (15) calendar days after such occurrence unless the Project Manager aJ lows 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 CONTRA.CTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion ofthe 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 oft,ime for such causes only for the number of days of delay which OWN ER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference. 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 cOl11pensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shal] be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC- 39 I I I I I I I I I I I I I I I I I I I ARTICLE 13--\-VARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE \-VORK Warran~v and Gllarantee: 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 Dacuments and any inspections, tests, or approvals referred to in this Article. All unsatisfactory V/ork. all f~1ulty Work and all Work not conforming to the requirements of the Contract Documents or such inspecti.ons, tests, approvals, or all apIJlicable building. construction and safety requirements shall be considered defective. Natice af 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 pravide proper f~lcilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. I f the Contract Documents, laws, ordinances, rules, regulations or orders af any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone ather 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 af delays by CONTRACTOR or hours worked in excess of 40 haurs per week. For all required inspecti~ns, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Celiificates ofInspection, testing, or approval. All such tests will be in accordance with the methads prescribed by the American Society for Testing and Materials ar 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 Regulatians of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL ifso specified). GC-40 I I I I I I I I I I I I I I I I I I I 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROF- ESSIONAL, 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. 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 \vritten 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 irispected or tested by others, CONTRACTOR, at. PROFESSIONAL's request, shall uncover, expose or othep..vise 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 PROFESS.IONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the paJ1ies 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 ofthe Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing alld 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 tlte Work: 13.10. When Work is detective 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 fora stop work order'tinder 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 detective Work whether GC-41 I I I I I I I I I I I I D I I I I I I fabricated, installed, or completed, or remove it from the site and replace it with non- defective Work. If CONTRACTOR does not correct such detective Work or remove and replace such defective Work within a reasonable time, as specified in a\\rritten 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 ofcorrecting or removing and replacing all Work of others destroyed or damaged by the correction, removal, 01' replacement of the defective Work. Olle Year Correctioll Period: i 13.12. If, after approv~! of final payment and prior to the expi ration 0 f 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\vith OWNER's \vritten instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected. removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defecti ve ',.\1 ork, OWNER (and, prior to PROFESSIONAL's recommendation of final payment also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such detective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). Ifany 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 claimtherefor 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.] 4. 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 withthe 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 GC-42 I I I I I I I I I I I I I I I I I I I 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 CONT1V\CTOR 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] ]. Such direct, indirect and consequential costs will include, but not be limited to, tees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, remo'val or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allO\ved an extension of the Contract Time because of any delay in per- formance 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 iil 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 Vlork 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 suff:icient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-43 I I I I I I I I I I I U I I I I I I I ARTICLE 14-P A YMENTS 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 nionth), 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 aliI iens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect O\VNER's interest therein, all of which will be satisfactory to O\VNER. Payment is subject to a ten percent (10%) retainage that \vill 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 Warranf.p of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and eqllipment 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 orall 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 PROF- ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the GC-44 I I I I I I I I I I I I I I I I I I I 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 I?rior to or upon Substantial Completion, to the results of any subsequent tests called for in the COIltract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, 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 fullilled. 14.7. PROFESSIONAL may refuse to recommend the whole orany 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 Work 1ll 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. O'vVNER may refuse to make payment of the full amount recommended by PROFESSlONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the \Vork or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate writtenl10tice (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 GC-45 I I I I I I I I I R I I I I I I I I I 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 \vill prepare and deliver to OWNER a tentative ce11ificate 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 certiJicate during which to make written objec'tion to PROFESSIONAL as to any 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 O\VNER notify CONTRACTOR in writing stating the reasons therefor. Jf, 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) ret1ecting such changes from the tentative certiticate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROF- ESSIONAL 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 O\VNER 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 Utilizatioll: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) O\VNER, 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 \vith 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 GC-46 I I I I I I I I I I I I I ,I I I D' I I 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 certi1:ication of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not ot~iect in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment bet\veen O\VNER 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 writ- ing 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 retain age subject to Beneficial Occupancy. Fi/1al I/1spectio/1: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACT,OR in writing of all particulars in which this inspection reveals that" the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Fi/1al Applicatio/1 for Payme/1t: 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 maii1tenance 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 GC-47 I I I I I I I I I I I I I I I I I I I 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) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers ofliens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include alllaboL services. material and equipment for which a lien could be liled, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or O\VNER's property might in any way be responsible have been paid or otherwise satisfied. Ifany 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 fin.al payment will be accepted by O\VNER until approved as- built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider. Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment flIul 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 (l 0) working days after receipt of the final Application for Payment, indicatein writing PROFESSIONAL's recommendation of payment and pr~sent 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 O\VNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of GC-48 I I I I I I I I I I I I I I I I I I I 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 tinal 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 rctainage stipulated in the Contract and ifbonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRA CTOR'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 acceptabi lity by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.] 6. 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 defec~ive \Vork 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 O\VNER other than those previously made in writing and still unsettled. GC-49 I m I I I I I I I I I I I I I I I I I ARTICLE 15--SUSPENSION OF WORK AND TERMINA TION Owner 1\lfaySlI5pelUl 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 \vill 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 Calise: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapterofthe Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect. or if CONTRACTOR takes any equivalent or similar action by tiling 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 Hankruptcy Code as now or hereafter in eftect at the time of filing, or if a petition is tiled seeking ai1Y 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, cllstodian or agent of CONTRACTOR is appointed under applicable law or LInder 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; ] 5.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled \yorkers or suitable materials or equipment or t~lilure 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 GC-50 I I I I I I I I I I I I I I R I I I B 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 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 O\VNER 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 (inc luding 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. ] 5.3. 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 obi igations. Termination for Con veniellce 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 1~1ir 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 15.4.4. For reasonable expenses directly attributable to termination. GC-51 I I I I I I I I I I I I I I I I I I I CONTRACTOR shall not be paid 011 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 fl:om liability. CONTRACTOR Alay Stop 1York or Terminate: ] 5.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by O\VNER 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 O\VNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OVv'NER 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 O\VNER has failed for thirty-one days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to O\VNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and, 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carryon the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-52 I I I I I I I I I I I I I I I I I I I 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 (1 0) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER fordecision. 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 \vill be considered only for a period commencing ten (10) working days prior to the recei pt by 0 WN ER 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 01': 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-53 I I I I I I I I I I I I I I I I I I I ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1.' Whenever any provision of the Contract Documents requires the giving of written notice, it \vill 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 \vhom 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. Computatio/1 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. I f 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 consti tute a day. General: ] 7.3. 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 pro- visions 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, obI igation, 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 GC-54 I I I I I I I I I I I I I I I I I I I 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 arld supporting documentation. 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. Substitutiolls: 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. Sallitm}' Sewer Ovel.j7olV Prevelltioll: 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 R.egu1ations and is prohibited. ] 7.9.2 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 inpumping systems, iffailure 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. GC-55 I I I I I I I I I I I I I I I I I I I 17.9.5 In the event ofa discharge of untreated wastewater, the CONTRACTOR will take the following actions: 18. Take immediate steps to eliminate or minimize the discharge of untreated waste\vater. \ 19. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conferei1ce). 20. 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 REPRESENTATrVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the A ugusta Emergency IVlanagement Agency if appropriate. I 7.9.7lC 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. PROGRANf ft1ANA GER: 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 OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract DOCLlIllents 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 persOlmel 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 GC-56 I I I I I I. I I I I I I I I I I I I I contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manu1~1cture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-57 I I I I I I I I I I I I I I I I I I I SECTION SC-01. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. Scope of the Work List of Drawi ngs Protection of the Environment Record Orawi ngs County Acceptance Specified Materials Progression of V'/ork SC-O SECTION SC-O INDEX TO SPECIAL CONDITIONS I I I I I I I I I I I I I I I I I I I SECTION SC SPECIAL CONDITIONS. -01. SCOPE OF THE "VORK: . The project referred to in the Agreement shall consist of the following major elements or portion thereof as outlined in each contract. The construction and installation of sanitary sewer lines, manholes, force main, appurtenances, and property restoration.' -02. LIST OF DRA "VINGS: 3. Plal1 DATE ORIGINAL REVISED 9/14/0 I 9/14/01 9/14/0] 9/14/01 9/14/01 SHEET NO. TITLE 1. Cover Sheet 2. Plan 4. Quick Connect Vault Details 5. Profiles & Miscellaneous Details -03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds and lake below the project. -04. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which; at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red penci 1. I f necessary, supplemental drawings wi II be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as-built drawings are to be prepared and submitted by the contractor to the engineer. As-built drawings shall include tap locations, invert elevations and two tape dimensions to all structures, valves and bends. . SC-l I I I I I I I .1 I I I I I I I I I I I -05. COUNTY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. -06. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified \vill be allowed. -07. PROGRESSION OF WORK: Notwithstanding any other obligations of the Contractor. he shall complete all work on the Augusta Country Club property, including property restoration and grassing, within 30 days of the Notice to Proceed as explained in the "Agreement" section. SC-2 I I I I I I I I I I I I. I I I I I I I SECTION TS-1 TS-2 TS-3 TS-4 Clearing and Grubbing Excavating and Backfilling Sanitary Sewer System Erosion Control Measures SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS TITLE NO. OF PAGES 2 5 14 .., .J TS-O I I I I I I \1 I I I I I I I I I I I I SECTION TS-1 TS-2 TS-3 TS-4 Clearingand Grubbing Excavating and Backfilling Sanitary Sewer System Erosion Control Measures SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS TITLE NO. OF PAGES 2 5 9 ., .) TS-O I I I I I I I I I I I I I I I I I I I -01. SECTION TS-l CLEARING AND GRUBBING SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees. brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, posts, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface and occurring within the construction limits or rights-of-way of any excavation, borrow area, or embankment. Contractor shall review and make note of any special conditions included in the easement agreements prior to clearing and grubbing activities. -02. -03. CONSTRUCTION METHODS: 1. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation, as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut ofT orie foot above the original ground surface. Individual trees and groups of trees designated to be left standing \vithin cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the whole of the tree or to main branches, and the cuts thus made shall be painted with an approved tree wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected by barriers or by such other means as the circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. 2. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings. I n foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth of not less than 18 inches below any subgrade, shoulder or slope. All depressions excavated below the original ground surl~lce for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him, TS-I-l I I I I I I I I I I I I I provided such disposal is otherwise in accordance with these specifications. All incombustible matter removed shall be hauled away and deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. Burning shall be done at sllch time and sllch manner as to prevent fire from spreading and to prevent any damage to adjacent cover and shall further be subject to all requirements of State and Federal Governments pertaining to the burning. No burning will be allowed on the site unless all I"ires are kept under constant attendance by persons having equipment necessary to prevent the spreading offire. Such equipment shall include, at the minimum, a bulldozer or front end loader. and an approved pump and hose connected to an acceptable source of water. Disposal by burning shall be kept under constant attendance llntil all fires have burned out or have been extinguished. -04. MEASUREMENT AND PAYMENT: Payment shall be made according to the lump sum price as shown in the bid schedule k)r Lump Sum Construction. I I I I I I TS-I-2 I I I I I I I I I I I I I SECTION TS-2 EXCAVATION AND BACKFILLING -01. SCOPE: This section covers all excavation, trenching and backfilling for pipe lines, complete. -02. 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, se\vers, 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 lIntil a Right-of-Way Encroachment Permit is obtained from the Public Works Department. -03. EXCA V A TION: All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the drawings or as specified herein. Excavation shall be made by the open cut method except as otherwi'se specified or shown on the drawings. Excavation methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards. I I I I I I All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks ofshallow 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 12 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 soi I 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 sufficient to permit accurate work in t he making of the joints and to insure that the pipe, for a maximum of i ts length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be TS-2-1 I I I I I I I I I I I I I I I I I I I 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 betw'een 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 wi II be ordered 10 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 wi II 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 Engirieer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock tl-agments 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 fell' 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, 01: concrete, as directed. A. 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 ord~rly manner a minimum distance of one and one-halftimes 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 lTlanner as approved by the Engineer. B. 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 fai.lure of the Engineer to direct the placing of such 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 I foot below finishe,d grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. TS-2-2 I I I I I I I I I I I I I I I I I I I -04. c. I ; Water Removal: Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, \vell-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 applll1enances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. D. 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 offwithin 50 teet of pipe already laid in the trench. E. 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 \vork can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. 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. 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 tinely divided material free from debris, organic material and stone, and may be suitable job excavated li1aterial or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 8 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 TS-2-3 I I I I I I I I I I I I I I I I I I I each layer moistened and compacted to a density approximating that of the surrounding earth. Under road\vays, driveways, paved areas, parking lots, along roadway shoulders and other areas su~ject to traffic, the backfill shall be placed in 8 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 backfi lIing is completed. Any trenches which are improperly backfi lied, 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 specitied 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. -05. BORING AND JACKING: Where required by the drawings, the pipeline wi II 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 andjacking 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 dl\awings. . -06. 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, unlessjoints equally uniform in the opinion of the Engineer result from other means. Refer to Augusta-Richmond County Right-of-Way Encroachment Guidelinesfor pavement removal and replacement. -07. MEASUREMENT ANDP A YMENT: Excavation and backfilling for pipelines and appurtenances, except as hereinafter provided for, wi II 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, rock excavation and backfill to compensate . . for rock will be made at the unit contract price for trench rock excavation per cubic yard measured in place. TS-2-4 I I I I I I I I I I I I I I I I I I I 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 suitable backfill per cubic yard measured in place. When made at the direction of Engineer, select backfill to compensate for inadequate on-site material will be paid for at the unit contract price for select backfill, per cubic yard, measured in place. TS-2-5 I I I I I I I I I I I I I I. I I I I I -01. complete. -02. SECTION TS-3 SANIT ARY SE\VER SYSTEM SCOPE: This section covers the installation of the sanitary sewer lines and appurtenances, SANITARY SE\VER MATERIALS: I. 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 and sllction pipe shall be of approved C900-CL200 water pipe. 2. 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 CI51/ANSI A21.51 (latest version). Design methods shall conform to AWW A C ISO/ANSI A21.50 (latest version). DIP shall be Class 350 for 12" and smaller. 3. All tittings 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 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. 4. 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. a. DIP shall be required in the follO\ving circumstances: (I) \\'hcn sanitary sewer linc has lcss than four (4) feet ofeover. . Minimum depth of DIP is two (2) feet. (2) When a sanitary sewer line cross over storm pipe (Must be one joint of DIP centered on the crossing). TS-3-1 I I I I I I I I' I I I I I o I I I I I (3) \Vhen a sanitary sewer lilie p~~sses laterally within one (1) foot of a storm sewer line (Must be one joint of DIP centered on the crossing). (4) When a sanitary sewer line is to have in excess of eighteen (18) feet of fill. (5) When a sanitary sewer line is at the r11aximum slope of20%. (6) For last joint of pipe at all drop manholes greater than three (3) feet. (7) When a sanitary sewer is less than six (6) teet under a street. (8) The 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, extensi ve length under pavement, or in private property away from right-of- way areas. b. . 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.l1 (latest version) or mechanical joints. c. Sewer Pipe Bedding: (I) 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. (2) 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. TS-3-2 I I I I I I I I I I I I I I I I I I I (3) ciass B Bedding shall be pedormed 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 specitied 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 backtillplaced 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 tor all plastic pipes. (4) 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 backtill from the bedding material to 18 inches above the pipe. A minimum Class C Bedding shall be used for all ductile iron pipes. d. .lack and Bore Installations: (1) Casing pipe used with jack and bore shall be in accordance 'with requirements of the Georgia Department of Transportation (GDOT) or railway specitications. e. 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. f. 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 ne\v 8" through 12" diameter sewers, the side sewer connection shall TS-3-3 I I I I I I I I I I I I 1-- I I I I I I be coi1sHucted with a wye fitting i11 ihe street sewer with a 45-degree elbow. For new 15" 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 tittings or on a uniform horizontal or vertical curvature achieved by denecting the pipe joints within the manufacturer's recommended limits. The maximum deflection permissible at anyone titting shall not exceed 45 degrees. The maximum denection of any combination of two adjacent fittings shall not exceed 45 degrees unless straight pi pe not less than 2 12 feet in length be installed between such adjacent littings or unless one of such fittings IS a w,)'e branch with a cleanout provided on the straight leg. g. Material for transition (e.g.. PVC to DIP) shall be indicated and specified. Where offset of DIP is required, mechanical joint Dl P shall be installed with mechanical joint heavy body DIP sleeves at the reconnections. h. Sanitary Sewer Manholes: (1) Precast manholes shall conform to the latest edition ofASTM C-478 (five inch wall thickness). Use six (6) inch wall thickness if manhole exceeds 20 feet in depth. All holes for incoming and outgoing pipe \\'ill, whenever possible, be precast, with pipe tie-in made using PS] 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 integri ty of the manhole and large enough to allow the insertion of a fiexible rubber boot. Precast holes shall be flexible boot titted. (2) Barrel joints shall be tongue and groove with performed plastic meeting the requirements of Federal Specifications SS-S-00210, "Sealing Compound, Preformed Plastic Pipe Joints" Type I, rope form. also known as "Ram Neck." Eccentric manholes cones are required. 1 nverts shall be constructed of 3,000 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 TS-3-4 I I I I I I I I I I I I I I I I I I I set in a bed of mortar on the top of the manhole and completely grouted outsiM and wiped smooth. Ring and cover shall be USF-I 70 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 may be desirable in isolated easement locations or where vandal ism may be a problem. (3) Where corrosive conditions due to septicity or other cnuses is anticipated, consideration shall be given to providing corrosion protection on the interior of the manholes. (4) The minimum diameter of manholes shall be 48 inches; larger diameters are required for large dimneter sewers. A minimum access diameter of22- 'It inches shall be provided. (5) Outside drop manholes shall beprecast and constructed for incoming lines having invert 24 inches or more above the invert of the manhole outlet with DIP nnd tie rods per Detail No. 14.08. ShallO\v manholes shall be precast or Type B slab top precast and shall be constructed In accordance with ASTM C-478 (latest version). (6) 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 shaJ I be used only when approved by the Utilities Department Engineering Division. (7) 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. (8) A bench shall be provided on each side of any manhole channel when the pipe diameter(s) me less than the manhole diameter. The bench should be sloped no less than Y:z inch per foot (4 percent). No lateral sewer, service connection, or drop manhole pipe shall dischmge onto the surface of the bench. I. All construction material shall be first quality, not previously used. Repair clamps are not acceptable. Damaged or faulty pipe and materials must be properly replaced. All gaskets shall be new. When connecting to existing valves or fitti ngs, gaskets shall be replaced, not reused. TS-3-5 I I I I I I I I I I I I I R H I I I I 1. The Engineer shall provide a coii1plete 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. -03. CONSTRUCTION: 1 . 1 nstallation 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, tittings, 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, tittings, 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. Backtill 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 !en 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 detai Is shown on the plans. Concrete shall have a 28 day compressive strength on,ooo psi when tested in accordance with ASTM Specification C- 39. TS-3-6 I I I I I I I I I I I I I D I I I I I All manholes indicated on the plans shall be furnished and installed by the Contractor id. strict accordance with the pl~hs. 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 YHS system videotape of the inside of every reach of sanitary sewer installed. The tape shall record manhole number to manhole number, elate 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. A. Installation: (I) 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 pi pe shall be checked from a top I ine 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 \VW A C600, latest version. (2) Backfilling Around Pipe: As soon as the joint material has set. tine 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 PYC 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 lor TS-3-7 I I I I I I I I I I I I I I I I I I I IT soils as specified in ASTM D2321. Reconstruction of any roadway sectich 01: right-of-way shall b~ iH accordance with the Georgia Department of Transportation and City of Augusta Specifications. (3) Sewer Structures: Appurtenant sewer structures shall be constructed according to one or more of the following methods: . (i) IVlasonry: Brick for manholes and other sew'er structures shall be laid with shove joints completely 1~lled with mortar. Horizontal joints shall not exceed 112 inch, vertical joints 1/4 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 1/2 inch. (ii) Laving Brick and Concrete Block Work: Only clean brick or block shall be used. The brick or block shall be moistened b)' suitable means, as directed, until they are neither so dryas to absorb water from the mortal', nor so wet as to be sl i ppery 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. (iii) Plastering and Curing Brick or Block Masonry: Outside faces of masonry shall be plastered wi th mortar from 1/4 inch to 3/8 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. Unbondedor 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 approvedll1eans, and shall be protected from the \\'eather and frost. all as required. (iv) 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 fqr all connecting sewers. TS-3-8 I I I I I I I I I I I I I I I I I I I (4) 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 possible radius which is tangent to the centerlines of adjoining sewers. (v) 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 wilh the manhole and extending fro ill the manhole base to the lOp of the incoming sewer. Diameter 01' drop manholes to be four feet at a minimum. (vi) Settinl2, Manhole Frames and Covers: l'vlanhole frames shall be set with the tops conflJrming 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 theli'ame. Manhole covers shall be left in place in the frames on completion of other work at the manholes. (vii) 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 I part cement to 1 1/2 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. 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. TS-3-9 I I I I I I I I I I I I I I I I I I I (7) (8) Care shall be taken to prevent earth, water and other materials ti'om enterihg the pipe, and when pipe t-i)ring 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 nO\\' through each line. All obstructions shall be removed and all defects corrected. As soon as possible after the pipe and manholes are completed on any line, the Contractor shallllush out the pipeline using a rubber ball ahead of the water. None ofthellushing water or debris shall be permitted to enter any existing sewer. (5) 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 pI ugs or by other approved means. I f 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. (6) Joints and Structure Rightness: All pipe joints shall be mack 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 pipelines which cause infiltration or exfiltration to exceed I imits herein specified shall be repaired by replacing detective pipe. Grouting and/or caulking to repair pipelines where excessive infiltration or exfiltration 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 Engi neeI'. Open ends of pi pe 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 TS-3-10 I I I I I I I I I I I I I I I I I I I (9) (10) (i 1) 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 of3 feet of cover at thc crown ofthc pipe. In cases \vhere this minimum cover cannot be achieved, ductile iron pipe shall be used. Detectable Tape: Detectable tape as manufactured by ReefIndustries 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 Dej)artment 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 of the railroad involved. (i) 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. TS-3-1 I I I I I I I I I I I I I I I I I I I I (ii) Carrier Pipe: The carrIer pIpe shall be ductile Iron as specified herein. (iii) . Histallation: The steel dsiiig shall be installed by the "Dry Bore and Jack" method. Ifvoids develop or if the bored hole diameter is greater than the outside diameter of pipe by more than approximately 1 inch. remedial measures will be taken as approved by the Engineer. When installing water lines through casing. the Contractor shall mechanical joint pipe with retainer glands throughout the length of the casing. The sanitary sewer line shall be strapped to treated wooden skids \yith metal straps throughout the length of the casing. The empty space shall then be tilled with sand and the ends of the casing shall be sealed with brick and mortar. (] 2) Force Main Installation: In general. sewer force main must be installed in accordance with the \yater distribution system specifications. Polyviriyl chloride (PYC) force main must conform to ASTlvl D- 2241, latest version. Ductile iron force mall1 must conform to ASTM A-377, . latest versIOn. (13) Removal and Replacement of Existing Pipe and Equipment: \vhere indicated on the drawings or required to properly place tire work uncleI' 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. B. Inspection Infiltration/exfiltration Leakage Tests: Upon completion of a section of the sewer, the Contractor shall c1ewater 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] 00 gallons per inch diameter per mile of sewer pipe per 24 hours for gravity se\yer 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. TS-3-12 I I I I I I I I I I I I I I I I I I I As required, suitable bulkheads shall be installed to permit the test of the seVier. Where the ground water level is less than I foot above the top of the pipe at its upp~r end, or as directed by the Engineer, the sewer shall be subjected to exfiltration testing by plugging the pipe at the lower end and then til.ling 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 ore 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. 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 appl icable sections of the 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 infilti-ation/exfiltration test as directed by the Engineer. The allowable inliltration into the manhole over a 24 hour period is zero and the allowable exfiltration isalso zero when tested by plugging off the manhole and tilling it with water four feet above the top of the sewer and measuring the water loss over a 24 hour period. -04. MEASUREMENT AND }> A YMENT: Payment will be made at the unit contract prices as shown in the bid schedule under Sanitary Sewer. TS-3-13 I I I I I I I I I I I I I I I I I I I Measurement and payment 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 and pa)rt:rient of manholes will be at the unit contract price as shown in the Bid Schedule. . 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. TS-3-14 i I I I I I I I I I I I I I I I I I -oJ. SECTION TS-4 EROSION CONTROL MEASURES GENERAL: This section covers erosion control measures required on the job as shown on the plans. These measures are minimum requirements and may be augmented by the Engineer ifpositive control is not established. -02. CONSTRUCTION SCHEDULE: The initial construction on the site is tentatively scheduled to begin on or about August, 200 I. Final stabilization of the soils should be obtained by September, 2001. -03. EROSION AND SEDIMENT CONTROL PLAN: The following steps for reducing erosion and containing sediment are recommended for use during construction, and until the earth areas can be stabilized with vegetation. -04. GENERAL PROCEDURES: 1. Earth areas which are not to be paved shall be grassed at the earliest possi ble time during the construCtion phase, so as to minimize exposure to rainfall and run-off. 2. Temporary berms, wherever possible, should be constructed at the end of each day of grading, in order to contain sediment and slow down erosion in the cut and fill areas, should rainfall occur during the night. Berms shall also be constructed, where needed, to prevent sediment from being transported onto areas outside the actual construction limits. " -" Silt and erosion barriers of the type which tend to filter suspended solids from the water f10wing through them shall be employed to the extent necessary to contain most of the water-borne silt. Examples of this type of barrier inc lude "silt" fence, windrows of limbs and laps, and stone or rubble riprap. 4. Erosion due to wind is not likely to be of concern on this project, considering the types of soils expected and the strip-like geometry of construction areas. However, \\iherever possible, trees or groups of trees and bushes should be left standing to serve as windbreaks. 5. Sediment basins shall be constructed if shown on plans and removed when final stabilization is attained. TS-4-1 . . I I I I I I I I I I I I I I I I I I -05. ELEMENTS OF THE PLAN: The plans for the pre\ieHtion of erosion a;1d secIihi~iltation for this site are depicted on the Soil Erosion and Sediment Control Plan sheet of the plans. The elements of the plan are discussed as follows, and are listed in chronological order, as far as is practical. The construction activities should proceed in the order listed. 1. Install construction entrances as required. 2. Remove all marketable timber from the rights-of-way. the utility easements. the designated fill areas, and other areas to be cleared. 3. Begin clearing and grubbing operations in the vicinity of the hay dams shown on the drawings. Immediately after the area has been cleared for their placement. install dams and berms consisting of hay or straw bales or limbs and laps as directed, to be si It barriers as shown on the drawings. Care should be taken not to clear and grub . beyond the construction limit. 4. As grading operations commence, the topsoil shall be stripped and stockpiled in mounds surrounded by berms. As mentioned above, berms or windrows should be constructed each afternoon at approximately 100 foot intervals across the graded areas, except in the low-lying areas of the project. This action will tend to check erosion should rainfall be experienced during the night. 5. Construction on the sanitary and storm sewer lines should be commenced as soon as grading operations have been substantially completed. The disturbed strip along each line which is located outside of a street right-of-way should be grassed immediately upon the completion of trench backfilling, as described below. 6. A graded depression around each catch basin on the site should be used to contain sediment during construction. A ring of hay or straw bales, or silt fencing, secured to the ground by mean of two No.3 reinforcement bars or other suitable anchoring method, should be installed around each catch basin site as soon as the drainage pipes have been laid. These should be spaced leaving a gap of approximately three inches between each bale where hay is used. 7. As soon as the graded areas which are not to be paved, to be built upon, or receive underground utilities have been brought to final grade, three or four inches of topsoil shall be spread over these areas. Grassing operations should be begun immediately, as described in the grassing spedfications. Roadway shoulders and slopes should .receive a similar treatment as soon as the installation of the utilities has ended. TS-4-2 . . I I I I I I I I I I I I I I I I I -06. 8. All grassing will be pei'formed in accordance \vitl1 the section of the specifications entitledIGrassing". Should seasonallimitatioi1s prevent the establishment of the permanent grass cover, the area to be grassed shall be covered with temporary grass cover; then the pernianent grass will be established as soon as its growing season is reached. 9. The hay bale dams and silt fencing described above should not be removed until the surrounding pavement base material has been placed and is ready for priming. 10. All si I t retention basi ns, traps, barriers, etc., should be inspected dai ly and cleaned at least weekly. 11. All work shall be in accordance with good grading practice and shall conform to accepted practices in Erosion Control. MEASUREMENT AND PAYMENT: Payment shall be made according to the lump sum price as shown in the Bid Schedule for Lump Sum Construction. TS-4-3