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Home My WebLink AboutRae's Creek Sanitary Sewer Replacement Phase 2 and 3 Project Augusta Richmond GA DOCUMENT NAME~().e;') CY'ee.--h Zler:\-\or-a b~v:':el repIoQ-,e-~-\- ~ d 't- "3 ~l6~c~-\- DOCUMENT TYPE: ~~~~~ YEAR: Q'9 BOX NUMBER: ~ FILE NUMBER: \ ~ ~ '0 +- NUMBER OF PAGES: } O~ ~/- ;\ I' I I I I, I I I I I I I I I I I I I I CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS for RAES CREEK SANITARY SEWER REPLACEMENT, PHASE II & III PROJECT Bid Item #99-108 Prepared For: Augusta-Richmond County Commission 530 Greene Street, Room 701 Augusta, Georgia 30911 (706) 821-1706 Prepared By: W. R. Toole Engineers, Inc. 349 Greene Street Augusta, Georgia 30901 (706) 722-4114 J . ~_::-r. ' ... "i' PAGE' "~? ,'. ..' . I I I I I . I": I I I I I I I I , ~(.:."~',.' \ '.. . uitl.ITIE;.: ,.' ." ,~... ":;. 11./24i~ 9~9 14: 32.~,; :'.:7.f)~71}.'2~~6 ., ("". .' ~..., '.~: OFFICE OF THE AOMINrSTRATOR . ... " ." '.' ,I;, CMARLE3 R. OLIVIj;R, pe; CPA ADMINISTRATOR WALTiR S. HORNSBY, III OEPUTY ADMINII5'rRATOR ROOM eo I . MUNICI~AL. eUILDtNG' !530 GREEN.II: STREET - AUGUSTA, GA. 3091 f (7015) 821-2400 - 'P'AX,(70t5) 821-2819 June 15, 1999 .. Mr, Jim Wall County Attorney 424 Greene Street Augusta, Georgia 30901 Dear Jim: -. The Augusta Commission, at their regular meeting held Tuesday, June 15, 1999, approved amending construction project contract documents to include the phrase "Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those Indicated or required'in the contract documents without an amendment to the contract". (Approved' by the Engineering Services COrl')mittee June 7, 1999) " ., \ ~ .. If. you have any questions, please contact me. '-15L. /)"1'~ Yours truly. "12 ~ L, - ~ " " Charles R. Oliver, PE CPA Administrator 1: 06-1 5,..99: #12 - - , .' . . ~. t. - ,..... ~#~. .~ ., '. I: " . .a..' . ... n .~. . ..... - r. \ - - . . I I I I I I I I I I I . - . I - . Procedures to prevent overflows during sanitary sewer construction The contractor is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. The contractor will submit an Emergency Response Plan prior to beginning work. This plan will include a listof 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 Project Inspector prior to implementation. In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 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. In the event of a discharge of untreated wastewater, the contractor will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the Project Inspector (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the contractor and estimates of discharge volume. The project inspector will coordinate notificaJion of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. --==-If, in the opinion of the project inspector and the Superintendent of Construction and Maintenance, 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. 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. I I I I I I I I I I I I I I I I I I I Title Invitation for Bids Instruction to Bidders Proposal Bid Bond Agreement Performance Bond Payment Bond General Conditions Supplemental Conditions Technical Specifications: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 . INDEX FOR CONTRACT DOCUMENTS Pages 1 1-4 1-5 1-2 1-3 1-2 1-2 1-51 1-5 Clearing & Grubbing Excavation, Trenching & Backfilling Grading Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Water Distribution Concrete Concrete Curb & Gutter Bituminous Paving Rip Rap and Rock Lining Finish Grading and Grassing Geotechnical Report I I I I I I I I I I I I I I I I I I I INVITATION FOR BIDS SEALED BIDS for the construction of approximately 5,695 linear feet of 48inch ductile iron pipe, 6,998 linear feet of 30 inch of ductile iron pipe, and 316 linear feet of ductile iron pipe for sanitary sewer and appurtenances, hereinafter referred to by project name: Bid Item # 99-108 Rae's Creek Sanitary Sewer Replacement Phase II & ill will be received by: Augusta-Richmond County Commission Hereinafter referred to as the OWNER at the offices of : Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Until 11:00 a.m. on the 4th day of August, 1999, at which time all bids will be publicly opened and read in the presence of those interested. Copies of the Contract Documents may be examined during regular business hours at the offices of: W. R. Toole Engineers, Inc. 349 Greene Street Augusta, Georgia 30901 Augusta-Richmond Purchasing Dept 530 Greene Street, Room 605 Augusta, Georgia 30911 F. W. Dodge Plan Room 360 Bay Street Augusta, Georgia 30901 Copies may be obtained at the office of W. R. Toole Engineers, Inc. upon payment of $125.00 (NON- RETURNABLE) for each set. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award. The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark'Bid Item Number on the outside of the envelope. It is the wish of the Owner that minority business be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus July 6, 14, 19 and 27, 1999 July 8, 1999 I I I I I I I I I I I I I I I I I I I INSTRUCTION TO BIDDERS ffi-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. ffi-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta Utilities. 2760 Peach Orchard Road. Augusta. GA 30906. and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not laterthan three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-l I I I I I I I I I I I I I I I I I I I- m-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in .all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in it proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this IB-2 I I I I I I I I I I I I I purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist ofa list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. . . - - - IB-3 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond CountY Commission to increase the involvement of qualified minority and economically disadvantaged businesses in, the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this proj ect. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. lfthe firm does not fall into this category, no information IS necessary. IB-4 I I I I I I I I I I I I I PROPOSAL for RAES CREEK SANITARY SEWER REPLACEMENT, PHASE II & III The Augusta-Richmond County Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to a singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, the Contract Documents or by the Augusta Utilities Department, carries no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta- Richmond County Commission Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta Utilities Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. I (NOTE: Bidders must bid on each item.) I - - I P-I . I RAES CREEK SANITARY SEWER INSTALLATION - SCHEDULE OF CONSTRUCTION COSTS I UNIT TOTAL ITEM # DESCRIPTION UNITS QUANTITY COST COST I I lB" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 316 S93,15 S29,435.40 DEPTHS AND LENGTHS VARIES. INCLUDING TYPE II BEDDING MATERIAL I 2 30" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 5909 S72,90 $430,766,10 DEPTH 0' TO 12', INCLUDING TYPE II BEDDING MATERIAL I 3 30" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 335 S73.35 $24.572.25 DEPTH 12' TO 14', INCLUDING TYPE" BEDDING MATERIAL I 4 30" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 92 SBB,OO $8,096,00 I DEPTH 14' TO 16'. INCLUDING TYPE" BEDDING MATERIAL 5 30" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 96 S106.40 S10,214.40 I DEPTH 16' TO lB', INCLUDING TYPE" BEDDING MATERIAL 6 30" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 67 Sl10,60 $7,410,20 I DEPTH 16' TO 20', INCLUDING TYPE II BEDDING MATERIAL I 7 48" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 5262 S140.40 $738,764,60 DEPTH 0' TO 12', INCLUDING TYPE" BEDDING MATERIAL I B 48" DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 211 $14B,95 $31,42B.45 DEPTH 12' TO 14', INCLUDING TYPE" BEDDING MATERIAL I 9 4B- DIAMETER DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, LF 222 $167,20 $37,118.40 DEPTH 14'TO 16', INCLUDING TYPE II BEDDING MATERIAL I 10 JACK AND BORE 4B" DIAMETER STEEL CASING PIPE, LF 465 $588,25 $273,536,25 MINIMUM WALL THICKNESS 0.438. CARRIER PIPE NOT INCLUDED I 11 CARRIER PIPE FOR JACK AND BORE, 30" DIAMETER, LF 499 $77,50 $38,672.50 I DUCTILE IRON SANITARY SEWER PIPE, CLASS 150. 12 SELECT BACKFILL, GA DOT TYPE I, CLASS I &11 CY B500 $7,80 $66,300,00 I 13 PRECAST SANITARY MANHOLE, GA DOT STD 1011A, TYPE 1, DEPTH 0' TO 6' EA 38 $2,680.00 $101,640,00 I 14 ADDITIONAL SANITARY MANHOLE DEPTIi, TYPE 1 VF 236,5 S136,05 $32,175,83 I' 15 PRECAST SANITARY MANHOLE, GA DOT STD 1011A. TYPE 2, DEPTH 0' TO 6' EA 25 $3.077,00 $76,925,00 . ,,;.... ~-'~rl'.- .~.4..~ . I 1/1 ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 2 VF 127,5 $154,10 $19,547,75 I 17 CUT AND PLUG EXISTING SANITARY MANHOLE SEWER, DIAMETER VARIES EA 47 $130,00 $6,110,00 I 18 TIE NEW SANITARY SEWER TO EXISTING MANHOLES, DIAMETER VARIES EA 16 $602,00 $10.836,00 19 CONCRETE ENCASEMENT OF SANITARY SEWER (CREEK CROSSINGS, ETC,) CY 75 $170,15 $12,761,25 I I 20 1 112" THICK, TYPE "H" ASPHALT OVERLAY TONS 400 $41,65 $16,660,00 21 BITUMINOUS TACK COAT GAL 250 $1,45 $362,50 I 22 MilliNG, THICKNESS VARIES SY 2800 $4,50 $12,600,00 I 23 NEW PAVEMENT STRUCTURE ON NORWICH ROAD MATCH EXISTING PAVEMENT STRUCTURE BEFORE OVERLAY I MINIMUM OF 10" THICK GRADED AGGREGATE BASE COURSE SY 2800 $17,15 $48,020,00 MINIMUM OF 2" THICK TYPE"B' ASPHALT BINDER COURSE TONS 270 $45,64 $12,322,60 I U TENNIS COURT PAVEMENT RECONSTRUCTION, PATCH COMPLETE SY 300 $35,00 $10,500,00 I 25 4" THICK CONCRETE SIDEWALK SY 100 $23,70 $2,370,00 28 6" THICK CONCRETE DRIVES SY 900 $26,05 $23,445,00 I 27 8" THICK GRADED AGGREGATE SURFACE COURSE SY 8000 $6,35 $36,100,00 I GRAVEL ACCESS DRIVE RECONSTRUCTION 28 IF 1600 $9,00 $16,200,00 I I 29 ROCK EXCAVATION CY 1000 $45,00 $45,000,00 30 Sll T FENCE, TYPE "A" IF 4600 $3,30 $15,180,00 I 31 FOUNDATION BACKFill, GA DOT TYPE II, TONS 1000 ,$15,20 $15,700,00 FOR ADDITIONAL UNCLASSIFIED EXCAVATION I $440,620,00 $440,620,00 32 LUMP SUM CONSTRUCTION (SEE liSTING ON NEXT SHEET) lS I I ADDENDUM #1 - REVISED JULY 26, 1999 TOTAL = $2,853,710.88 I' I I I I I I I I I I I I I I I I I I ,I The contract covering the construction of all work described above will be completed within....3Qi. consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta Utilities Department Director: Two million six hundred fifty-three thousand seven hundred ten and 00/100 Dollars ($2.653.710.00) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $200.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date Addendum No.1 July 27. 1999 Addendum No.2 July 29. 1999 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of 10% of Bid Dollars ($ )being not less than ten (10%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shall become the property ofthe Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages' which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. P-4 I I I I I I I I I I I I I I I I I I I The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Blair Construction. Inc. Name of Bidder Signature & Title of Authorized Representati ve Post Office Box 770 Business Address Evans, Georgia 30809 City and State Date: P-5 I I I I I I I I I I I I I I I I - - . THE AMERICAN INSTITUTE OF ARCHITECTS I .A./.A. Docum~nt A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, t hat we B 1 air Con s t. r u c t. ion, r n c . 1l"'1,." '''H'' ',,=1 ".".." ."d HJO't\\ 0' 1".1 IIU, 01 CO~IIU!O' PO Box 770, Evans, Georgia 30809 as Principal, hereinafter called the Principal, and N at. i on a ~..,.r~,;"e'VII~~_~ ~S ?d~~,eO' 1~1~~,p.~nr.." c:- Hartford, CNA Plaza, Chicago, Illinois 60685 a corporation duly organized under the laws of the State of Con nec t i cu t is Surety, hereinafter called the SurelY, are held and rl(mly bound unto Augusta-Richmond County 1M.,,, ....'f't h"lil I''f_. .^U .OUIf''' 0- l~&.j 1.11. O' <.1-...,.. Augusta, Georgia 30911 Commission, 530 Greene Sb/Municipal Building, as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid Dollars (S 10% of Bid I, for the payment of which sum well and truly to be made. the said Principal and the said Surety, bind ourselve:, our heirs, executors. administrators, SUCcessors and JSSlgns, lOinI.', ane severall." i:rmll ;;, these presents, WHEREAS, the Principal has submitted a bid for Rae I S ,~X.,e,~.~ ,"~~.r;l.~ ~.,caJY'~.?I~y'~,r;,~ "I :,", ," Replacement (Phase II & III) NOW, THEJtEFORE, I( the Obllsu 11'1.11 .Ccepl lhe bid 01 rhe Princ'p~1 ~nd Ihe Princ'o~1 \h~11 enler inlO . Conlr,el With rh~ Ob/;g~~ in 1ccord~"ce With rht fl!",."q of \u(.""' b -j ~..~ ~ '.~ \.,(10, ~~:"\(: '.:.' ::'''r.\ ~\ .....j.{ ::.: .O~< ('~d ," ~.~e .')I~C'''5 or Conlr.C( Documents """1111/"\ good ~nd ~uHICr~r'll \ufefy lor r"'l.' lJ:t.~!\;; :.H.':O,......,J("\( t. (I' ,\l,J( "" Cv.....'.lcr i"d (0' U''''t: n!()""".~' p~Y""tn( of Ilbo, .nd m~lt"JI furnIshed \'" Ihe P'O\t"(.\...dIOI""l 1r:("t'Or ,)' .1"\ "'t' 1''''' l.... , ~.lf '''11' !J :,J'" ,./ "'C """'~'O.I If) t....t:. luch Conlflel ~nd gIve luch bond 01 bond\. " Ihe Prlne'OJI Irqi' :Jh 't' Ihr ')IJI,o('~ '''e U,Il("""r', "'" ''J ..(ceo 'he ;)('~'I::', hereof belween the ,moun! \peci(ied In \~Id bid Jnd \ucn IJ'~C'I J'.....('\\"fll It-,' .......r-:.(..... I"~ Ohi,~t'l. ~ol"t ,,, gc.,Od I..,,,,, C~,..!/J~. with ~nolhel PHly to perlorm Ihe Work cciv~r~d by I~.d h.d I~~" ''''I "M;'~,",n.. '~III hc "vii .no vc'd, Q'''e.......\c 10 ,~""'...~ In full force Md eHeel. Signed Ind seared this day o( 4th August 19 99 ~-Ld-H,~~~ (Witness) I Blair Construction, Inc. - ... fP'~ lJ ) A .0 ~ .a.NV\ J( .A (T/ tI e) Jt.es iide,....+ (Se./J ~~/" .):.~.~ ( ifnw) National Fire Insurance ~ (Surely) t l3adJ Lu~A Buck Leigh ITilfe) At.t.orney-in-Fact. Company' of Hartford (SuI) 'AlA DOCUMENT .1,3'0. BID BONO. AlA is>. FEB~UA~Y 1970 fO . P.f ,'M(~I(''''''' 1....'STITVi( 0' ARCHIHCTS, 17lS N,Y, AVe. N.\"i, W...$I""'':;I,,-. 0 ~ :'(H. I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. a Pennsylvania corporation (herein collectively called "the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint James D. Thaxton, Theodore J. Marek. Buck Leigh, G. A Weathersby, Individually I I I of Columbia. South Carolina their true and lawful Attomey(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 thereby 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 Attomey, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey 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 these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of May 1998 State of Illinois, County of Cook, ss: On this 7th day of May 1998 ,before me personally came Marvin J, Cashion, to me known, who, being by me duly swom, 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 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, and acknowledges same to be the act and deed of said corporations. I I I I I I I I I CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD /j;;;:t;~G' PENNSYLVANIA Marvin J. Cashion Group Vice President CERTIFICATE '7f~9 ~ My Commission Expires March 6, 2000 Mary Jo Abel Notary Public I, Mary A. RibikawskisMary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUAL.TY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney 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 4th day of Audust 1S93 . (Rev.10/1/9?) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a . Mary A. RibikawskisMary A. Ribikawskis Assistant Secretary I I . I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned as Principal and as Surety, are hereby held and firmly bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of for the payment of which, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 19 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part \ hereof to enter into a contract in writing for the Rae's Creek Sanitm:y Sewer Replacement. Phase II & ill. NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amoUnt of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. BB-1 I . I I I I I I I I I I I I I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the date and year first set forth above. (L.S.) Principal Surety By: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. . .. . BB-2 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, made on the 1.L day of tJt'./t eiJ..u-/19..!)!l, by and between AUGUSTA, GEORGiA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and ...IDillr 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 and described in the specifications for the project entitled: RAES CREEK SANITARY SEWER REPLACEMENT, PHASE II & III and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ---.lQ.... calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within ~calendar days with all such extensions oftime as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and theOwner~ that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of ~ hundred and 00/100---($200.00)Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length oftime is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estiniate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amoUnt of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. 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 work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) 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 goverrung 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. ~'h'" .'!'>~~ <"..'ll.~"\ ""~?::',,,"\CaMoJ\rb ~~_ - "'\~ 000000000 co~" .t9' "..." oQ 00 c~..,. ~.:;S~ 0" "0 v-t-.C ff ~0 .l ~ 0"'0 ~ ~ ~ ~,,~. .~.z.:,<<~~"''' .t. t ( IrAL) ~,.,' ~. f>\ "" " ~ ,,- ~ ~''4~., = :,,:.. ~ .... ., ..." !;; \..... -~'J;; A 'fEST: I!S. d :l o. pi If..o , 00.... ." AUGUS-uO GTfh By: J)1M ~ As its Mayor 11~ (SEAL) CONTRACTOR: Blair Construction, Inc. By:_U ); ~A'V\ f< < ~~'~AV\ As its . A--es:J ~~ ATTEST: '-JnpAa~ --2+ Secretary ...: ;/"" -;;, ~,', ..: ':... ....~ Address: Post Office Box 770 - /' .....~ .....r" ~ ;- .- :~,-: Evans. Georgia 30809 ~,~~~L~' Witness -:'- .. 7' : -"'", '. .. .. , " THE AMERICAN INSTITUTE OF ARCHITECTS ,A.f,.. Document ,..311 Performance Bond KNOW All MEN BY tHESE PRESENTS: that Blair Construction, Inc. IH", 'M", I~II ,,.,,,, .nd Idd"" 0' 1,,"1 hll, 01 CO"'''.CIO'/ PO Box 770, Evans, Georgia 30809 as Principal, herelnaftl!r called Contrilctor, and, National Fire Insurance Company of IH". I'U." Ivll ...."'. In4 .deft,,, 01 ",., ""1' 01 s""lr' Hartford, CNA. Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County (H", 1M'" I~II ....m, I...d Idd"" 0' ",'I 1.11, 01 0.....', Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 3091.1 as Obligee, hereInafter called Owner, in the amount of Two Million Six Hundred Fifty-Three Thousand Seven Hundred Ten and 88/100s---------- Oollars ($ 2,653,710.88 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors' and assigns, jointly and severally, firmly by lhese presents, WHEREAS, Contractor has by written agreement dated (H". inl,,1 f~1I n.m.. ~dd'.1I ~nd dflC"plion 01 pro/.CII 19 , entered into i contract wilh Owner for Raes Creek Sanitary Sewer Replacement, Phase II & III, Project In accordance with Drawings and Specifications prepared by \....t1t In\,,' 1,,11 n,,,,, .nd addllu 01 1"., hll, 01 Ate"ltrel. " whiCh contract is ,by reference made a part hereof, and is hereinafler referred to as the Contract. CIS ~ ~:J'~ D. 70 L--J~ , GA resid:nt cg:nt "I" DOCUMENT All' , PERfORMANCE 8()ND AND lASOR AN[) "'^TrRIAl PAYMrNT RO"'() . AlA ~ ,I EBRUARY 1'1"0 10 'THE AMfRIC"''''' INSl 11UT( or ARCHlTEC1 \, l' \; ,,\' A\'I , N W , W^~HI""(. !llN. 0 C 2~ '} -, PERFORMANCE BOND 1 '. NOW, THE.HOll, THE CONDITI"N 0' THI' olilCATION 't' tue" I"H. I'Con".elor ,1'1.11 promptly '.ndf.ilhfu1'y pt','orm Hie Coni/HI. then Ihil obllg~llon Ih~11 be null .nd ~o,d, Olkr'~'\r ,I ,I,J" ,~,.....,... ,~ full fo,(p ,"d pKe('1 Th, Surety hereby wllves no tic. of ,ny ,Itefllfon or ulen.lon or lime m.de by the Owner, Whenever Co",,,ctor sh.1I be, and declared by Owner io be ,n del.ull under ,he Conlr.,I, lhe Owner h,vlng performed Owner's obliS.lions thereunder, the Surely m.y promptly remedy lhe de/.ull. 01 Ih.1I promplly 1l Complere th. ConlrlCl in Heord.ne, wllh iu lerml .nd condilionl, or 2) Obl,ln . bid or bid. tor complelln. the Conlr.acl in .eeord.nee wirh III lerml .nd ,ondilionl. .nd upon de. lermin'lion by Surety 01 the lowesl responsiblt' bidder, or, if Ihe Owner elem, upon delermin'llon by the Owner .nd the Surely ;oinlly of tne lowesl relponliblt bidder, WInge ror . contrlC! belween .uch bidder and Owner, .nd m.ke .y.illble II Work progreHes (even though Ihere should, be I der,ult or .' succwion of . . ~- Slsned And StAled .thl. "'. (ljv~ 'g.2u~I/ ,Wiln,,>.I) . . ~~~A~ ~ 11nl'~~) " . def.ull' under the eO~lr'cl 0' contheh of complt'lion ~tr~nged undel Inll Dd'J~'dDhl IUIi'CIf:nl lundl In pn !...~ COIl of compltlion Ie\! the b.l.nCt of Ihe contr.cl PO'E', bul nol t~CE'E'dinll, Indudinll nlhE'r CO\I\ ~nd ddm.q:r\ 101 ....h,ch '''e Su'ely m~y br ""bit' h~leundt', Ihe Jmu.~~ lei 10rlh In Ihe II/II p,,'.~IJph "PIC-O! ThE' IE'Im "b"ld"" ot the COnllHI P'llt," JI u\ed ,n Ih., pJI4S'.ph, It-.., me.n Ihe 101,1 .mounl p,'oblr bv Ownf'1 10 ConlrHIOI undrr Ihr CO",,.CI ."d '''y Jrnrndrnr'''' 'nerrlo. 111'\\ the .mounl ploprrly p.,d by Own~1 10 (onIl4(loI. ^ny luil under Ihi\ bond rnU\' be 'n\lilUled bt'rorr:' Ihe expl/~l.on 01 IwO 1]1 vt'~1I (tom Ihe ddle on wt",,(" (,n"I'PHmenl undel Ihe ConllHI ("III due No /lghl 01 HI.on Ih." HeluE' on 11'1,\ bond 10 or 'n' Ih~ vIe 01 .ny pello" I'lr eOlpO/dl.O" OlnE'/ 11'1.", .~~ Own~/ n~med helt'ln I'll Iht' h~iI\, t'rHuIO/I, .0""'..." Iralorl 0' IUCCt'lIorl 01 Ihe Owner d,y of 19 . Blair Construction, Inc. { 1.lJ. ~""""'" ''\ -.. ';' '(I"nll,I.,/1 :' " ,., '\: ~ :,:,'-= :-"6........ ~ ':" /) . ^,^~ .'~ - -,.: , ~p'.' .,- rl.. ~ "''''V' ' - . . Ti,tl" " ~~,]~~., . '.~ .... National Fire InsUl"lmce :,Company of Hart;.ford { '1.~11l1'11'1 '~"J" il;>~:~ - ',.' 8..1.1L j, '; 0 ~ 'J..L.. Buck Leigh . "!\6"t;orney"':in-Fact ~:!:/ ~;; ," ; , ',1,1/1'1 eo.,n AI'"~.''''' ~ ..,;?-l ':t . ....:'~/.'=c, "'- ';<f"~('~';.t-~'A':; ,~, AlA C>OC\)lo4fNT 4'" . rrHCl''-l^NCf BOND AND l^eClr AND loAA,TfRlo\l ,o\vloAI"! ..(P.,....'\i' "'I": L;~ . i""l A",."q~....", ,"'~111Ull "l ".\"'1::((1, ":', -.' ",I ..,., ,", ..," '. I I I I I I I I I I I I I I I I I I I ~ i.. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held. and firmly bound unto the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of_ dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of , 19_, a copy of which is hereto attached and made a part hereof for the construction of Rae's Creek Sanitary Sewer Replacement, Phase II & m. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period and ifhe shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall be in any way affect its PFB-l 'I I I I I I I I I I I I I I I I I I I . , obligation on this bond and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract or to the workor to the specifications. PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in _(number) of counterparts, each of which shall be deemed an original this _day of , 19_ ATTEST Principal (Principal) Secretary By (s) (SEAL) Address (Witness as to Principal) (Address) Surety ATTEST: By Attorney-in-fact (Surety) Secretary (SEAL) Address Witness as to Surety Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and authorized to transact business in the state where the project is located. PFB-2 .. . ~' THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 labor and Material Payment Bond THIS BONO IS ISSUED SIMUl TANEOUSlV WITH PER'ORIo,4ANCE BONO IN FAVOR 0' THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc. IHue inltll lull ntmc tnu tudrcll 0' ICI.1 t"lc 01 Conl/HOO" PO Box 770, Evans, Georgia 30809 as Principal, hereinafter called Principal, and. National Fire Insurance Company of lHUt in.tll lull n.mt .nd tdd'tll 0' It~., 1..le 01 su.tl''; Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and fi'rmly bound unto Augusta-Richmond County IH"t inlclI lull ntmt tnd tdd,u, 0' 1.,., 1,'le 01 Own.., Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 as Obligee. hereinafter called Owner, (or the use and benefit of claimants as hereinbelow ddined. in the Two Million Six Hundred Fif~y-Three Thousand Seven Hundred amount of Ten and 88/100s (H"e 'nl"l alum equ.1 10 II lUll one.h.1I 01 tht conl'HI priCt) Do" a rs ($ 2 , 653 , 710 . 88 l. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, (j-rmly by these presents, WHEREAS, Principal has by written agreement dated IHe,. In,e" full name. add,ell .nd delerlplion 0/ p,o)lell 19 , entered into a contract with Owner (or Raes Creek Sanitary Sewer Replacement, Phase II & III Project in accordance with Drawings and Specifications prepared by IHe.. inlCl1 luB Mme tnd tdd"" 0' le,tl ~i\le or A'th.Utll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT 04311 . PEIlFOIlMAt\'CE BOND AND I AROR AND MATERIAL PAVMENT BOND . A'A ~ 1l6RUARY 1970 EO,' THE AMERICAN INSTITUTE Of,\RC~llllC T5, 'i J"j N 'I AVe. N W" wA5HINC TON, 0 C ~OOOb "I ,) WARNING: Unllo.nMd photocopying ulolaTea U,S, copyrlghllrNII and II lubleet te I~.I prceecullon. . LABOR AND MATERIAL PAYMENT BOND '. ...Ow. TllriuClWI. TH( CONDITION 0' THIS O.lICATIC'lN il tu,h 11"1, If Prlnclplll thllll prumplly moke n~ymenl 10 all ,I~.molnll JI heltinJlter d,clined, lor alllJbor and m.llcli;d uled 01 rcnon~bly required 101 ule .n Ihe pe,(o,mJn(C or 'l-,~ ConlrH'!. Il1en Ihil obliS~lion th~1I b. void; olherwile il IhJII remJin in full fOlce Jnd eHtCl, IUCleCI, ho""e"('/, to ''''e '0" lowinA conditions: " A d~im,)nt 11 d,nn.d u on. hl'lln, I dlrter con. I/HI wilh Ihe PlinCipil 01 wilh I SubconllHIOI or Ihe Pr.n"Pil IVI IJl.>or. mJlerial, or bOlh, uled or ItJlonJb'ly ItQu;lecJ lor 'lie in Ihe pt"Orm~nte 'ollhe ConlrJCI, labor and fTlJIL'f1JI b~inll conUlu,d 10 Includ~ IhJI pJrl 01 WJItI. Soli, rowel. liShl, hUI, oil. lIuoline. 1e.'Ie.'rhone ",,,iet (;1 tt/'lIJI 0/ cQuinm,nl diflclly appl,iOblt 10 IIIe Conlllel. ' 2. The ~b(')ve n~meu Principal and Surely hereby /(),nlly Jnu 1('\',rJlly ~~Itr wilh the Ow","r Ih,)1 ,yrry elJimJnl .li herein defintd, who hH nOI Uten f'lJic1 in 1",,1/ IHlole.' Ihe ,xpilJlion 01 a period ()I nin~ly (<j()) c1Jyl .1i1t'1 111(' UJle ()n which Iho Jut 01 IlIeh c1.1im,)f)", \Vor~ or 'Jbor wH done or (l trlC'ltm ed, 01 m~ll'/i.l11 we're' r\,/Inilnrd b~ luch clAlm~nl, m~y IU~ on Ihil bond 101 I~' U\, 01 Iud' cl~jmJnl. prosecule Ihe Iuil 10 rinJ\ ;uda"mrnl tOI lueh ~vm 01 ~\lm, H m~y be jUllly due cljim~nl, JncJ ~~ve er""ulion Ihereon. Th, Own'l 1"~1I nOI Dr li~tJlt 101 Ih, p~ym,nl 01 ~ny COlli or CX(le/lIC'1 01 ~;y 'U,,, luil. ). Nn luil or aclion ,h~11 bo commenced herc1\,mdl.'r by ~~y "~im~nl: ~) Unle.. cl,)inunl, olhtl th,)n (,In. h,)vlns ~ dirtcl conlrHI wilh the ,l'rinCipjl. th~1I h~ve given wli!len /'Iolice 1,0 JI\y twO or Ine f(;llowins: Ine Pril'lcip~l, llie O",n" , or Ihe Surely ~bove Mmec1. wilhin ninely (90) d~yl ~llt' Iud" clJim~nl did or perlorm~d Ihl.' IHI of Ihe ......O/l 01 I~h()(. 01 furnilhed Ihe IHI Or Ihe mal~riJII (or 'which l~id cl~im il m~dc. \1~lins willi lubllanliJI Sian.d ~nd ~~Itd 'hIs day or .('eurley Ihe ~mount c1.imed ~nd the Mmc or the pUly 10 whom Ihe maleliJl1 ""r/r (\lIn;ln,U, 0' lor .....r.O/'!"l Ihe worK 01 labor w~1 dol'l' 0' netlOlme.'r1 SuCh f'\OI'ce I h ~ II b C' It 1\' t d by m ~ i I i I' Ii ," e I,' fTI C' b ,. t I' S ' I I C' , e d (T'I J , ; or ctrlilied mail, pOllJSt nlr()Jld, in In en"elope ad. d/C'HC'd 10 Ihe PrinClp~I, O""I'\C" 01 SU/C"" J' Jny place where In office il IC'\;uIJ/ly mJlnlJ.nccl JOI 'ht 1/.11'\1' ,,,ion 01 bUlin,,,. 0/ lC'rved ,1'1 Jny fTlJn"C'r ,1'1 wt'l.cn "ij/ pfOC'U m,y b. ttfv.d If' tn, "~lf .n which I"'. .IOffuid pro;,ct Is I(')C.lfd. \JV' Ih,'I.IVCh If,viet nud nOl be mJde by J public o(('Ct'l bi A/lei Ihe tJpilJI10n of nnt' (1) yO' lollluw,n& Ihe dJIC' on which PrinC1pJI "'.\lI'!! wOll 01' I",rj COI'II/HI ;" u('inl: undcIII()od. hOw~v..' '''JI.t In\, """'JI.on C',..., bvr/icd jn Ihil bond il p/ol1,boird ~y Jl'v I.lw cOl'lIoII,I'I;; ,h~ (onl/rllelion h~reol \\,(" """"~Iinn ,,,,," "r c1tt""tC lob C' J m t " J C' rJ 10 J I lob e l' I I " ," '(\ ," t "',,,.. 1\ U fTI n," 0 C or limilJlion permillC'(1 \Jy I'~\" 1,\"" c) Olh"r IllJn in J il,)le enllll (II cOmpel\'/I1 IUIi\O,CIIOr In Jnd rOI Ihe counly or Olll~'1 polill(.1J \ul)d'YI~lol'I 01 Ihe \Ial~ in which ,1'1, P,oleel. or jny P.lrl Ihcrtol, il tilu~lcd, or In Ih. Uniled SIJlel Oiwi" Courl (or Ih,' dillrict in which 'he Proiect. Or ~ny p~/1 IlItlCOr. is Silo u~lcd, ~l'Id nOI ".,w~cre. 4. The Jmounl 01 ,hil hC"ln(j IIIJII b~ t('cluct'd by ~n~ 10 il,\' c.It'1'1 01 any p~ymr'" '" r>Jymr"" "'Jell: In ;:OOC 'Jilh heleunder, inclu~IYC' 01 'he pJymt'''' Ily SVICly o~ mechJnio' lienl which mJy be filed 01 r('cord aS~ln\1 IJid implovement, whelhel or nOl c1Jim (or the ~moul'l~ 01 luch liC'1'I be plelenled undel and ~gJII'I11 Ih'l bond '9 Blair Construction, Inc." "f;nc;()~1/ " '" . ....\...~,...\. ... ,. .r ~ t"LtVV\. ,.... ,,- ch.1I :-.::;:... ~. ...........,f i" ,r' /) ~~: ;; ,(3r, ~ ~ .::'- r....... ':' _ , (Tllh'/ ~ ~fd ~- (lL~J4J~ Iwllnl'U} . ::.- ! UkUA '~~f~h . Iwilnc'u} '! " .1 National Fire Insurance Company of H~rtford (Slifl'lyl " ";. " C~'" . .~:::~~~".~ < ..>--~..l , ~. ... . t~ ;?~r/' ,": . ~ / (j~..t Buck Leigh. .' ITIIII'} At toin~'y:i-n~Fact ~\;?~,:.<--~~,: :.,; :: " "'J "." ( ..,.. ~ . AlA OOCUMf"'lT A)l1 . l'r\(rORMANcr OON(') ^Nf') I^no\( ^NJ) I>,^T(KI^l I'^YM(NT ~(lNO ^" ~ I(U~U^H hili ll),' lM( "",,(RllM'.j INITlluTl UI ^KlHlllCb, \} 1\ NY ^vl N W W^\M'N(,IC)r; :} : ,.rj, A .. I I I I I I I I I I I I I I I I I I I .' .. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and fIrmly bound unto the Augusta-Richmond County Commission, Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of do lIars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, assigns, jointly and severally, fIrmly by these presents. The Condition of this obligation is such that whereas the Principal entered into a certain contract with the Owner dated the day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of: Rae's Creek Sanitary Sewer Replacement. Phase II & III NOW, THEREFORE, if the Principal shall promptly make payment to all persons, fIrms, contractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract and any authorized extension or modifIcation thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection With the construction of such work and all insurance premiums on said work and for all labor performed in such work whether by subcontractor or, otherwise, then this obligation shall be void, otherwise to remain in full fo'rceand effect. PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed PYB-1 ~I I I I I I I I I I I I I I I I I I I .' thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in...,L(number of copies) counterparts, each one of which shall be deemed an original, this the _day of , 19_. ATTEST Principal By (s) Principal Secretary Address (SEAL) Witness as to Principal Address ATTEST: Surety Surety Secretary By Attorney-in-fact (SEAL) Address Witness as to Surety Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transactbusiness in the state where the project is located. PYB-2 American Ca8u:!lty~mpany of Reading, Pennsylvania CNA For All the Commitments You Make" Offlce8lChJcago, Illlno1, .,;\ / l ..c. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT I(now All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal oHice in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint .1ilmpS D Thaxton. Theodore J Marek. Rnhprt A .1ohn~on, Rllrk I p;gh, Inrl;v;dll~lly of Inno. South Carolina its true and lawful Attorney.in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - Tn Ilnl ;m; t~d Amour:lts _ and to bind AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized oHicers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 following By. Law duly adopted by the Board of Directors of the Company: ' "Article VI- Execution of Obll.atlons and Appointment of Attorney-ln.Fact Section 2. Appointment of Attorney.in.fact. The President or Vice President may, from time to time, appoint by written certificates attorneys, 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 President or any 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 11th day of November, 1966: "Resolved, that the signature of the President or a 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 aHixed by fascimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures 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," In Witness Whereof, AMERICAN CASUALTY COMPANY 97ffiADING, PENNSYLVANIA has caused these presents to be signed by its Vice Presideht and its corporate seal to be hereto affixed this day of MilY , ' 19 -S.3-, ~'a ~"' ~ ,,," ~ ,fI}tI"-A,(~ :a 1.\ .,,, II ! ,10: '.1 .,. ~ ~ . State of Illinois 1 ss County of Cook I On this ?7tl:) day of MaJ . 19~, before me personally came J. E. Purtell. to me known, who, being by me duly sworn, did depo and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, the corporation described in the which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so aHixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, Notary Pu CERTIFICATE My Conunission Expires 0 ob r 19, 1994 I, Robert E. Aye, Assistant Secretary of AMERICAN 'CASUALTY COMPANY OF READING, PENNSYLVANIA, do certify that ower of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the By.Laws of the Company and the Resolution of the Board of Directors. set forth in said Power of Attorney are still in force, In testimony whereof I have hereunto subSCribed my name and affixed the seal of the said Company this day of , 19_ , .. ~ '~E ~ ~. '" . -'mot _",. 'NV. NO. G-57442-B 8-231.2.0 --- ,I ~.,., ~, I I GENERAL CONDITIONS I ARTICLEI-DEFUaTIONS I Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I Addenda-Any changes, revisions of clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement- The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. I I Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or fmal payments and which is to include such supporting documentation as is required by the Contract Documents. I Bid- The offer or proposal of the bidder,submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. I Change Order--A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. I I Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of A ward) 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 3.4 and 3.5 or after the Effective Date of the Agreement. I I 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). 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. CONTRA CTOR- The person, firm or corporation with whom OWNER has entered into the Agreement. I 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. I Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther King Day, I I I I I Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. I Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of fmal payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). I 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. I Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. I Field Order-kwritten order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. I General Requirements-Sections of Division I of the Specifications. Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes and/or orders. I Notice of A ward- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. I Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. I OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. I Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. I Professional-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engmeer services for the Work. I 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. I 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. I Project Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. I Resident Project Representative-The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. I 2 I I I I Shop Drawings~All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I 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. I Subcontractor-An individual, fIrm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. I Substantial Completion-The Work (or a specifIed part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. I Supplementary Conditions-The part ofth.e Contract Documents which amends or supplements these General Conditions. I Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. I Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffIc or other control systems or water. I Unit Price W ork- Work to be paid for on the basis of unit prices. I W ork- The entire completed construction or the various separately identifIable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. I Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be mcorporated ill a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. I I I Written Amendment-A written amendment of the Contract Documents, signed by OwNER and CONTRACfOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. I I 3 I I I I I ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. I Copies of Documents: I I I 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the projeCt manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. I Starting the Project: I 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 CON1RACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: I 2.5. Before undertaking each part of the Work. CON1RACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. I I 2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review: I 2.6. I. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: an~ I 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. I 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each I 4 I I I I 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. I Pre-construction Conference: I 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project Manager, Professional and others as appropriate "':'ill 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. I Finalizing Schedules: I 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 to and acceptable to Project Manager and PROFESSIONAL as provided below. The fmalized 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, Thefmalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. I I I I CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. I I I I I I I 5 I I I I ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE I Intent: I 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. I 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereot) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. I I 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. I I I 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. I I 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Docunients 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 shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRAcrOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents unless CONTRAcrOR had actual knowledge thereof or should reasonabiy have known thereof. I I Amending and Supplementing Contract Documents: I 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: I 3.6.1. a formal Written Amendment, 3.6.2. a,Change Order (pursuant to paragraph 10.3), or I 6 I I I I 3.6.3. a Work Directive Change (pursuant to paragraph 10.4). I As indicated in paragraphs 11.2 and 12,1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. I 3.7. In addition. the requirements of the Contract Docwnents 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). I 3.7.2. PROFESSIONAL's approval ofa Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or I 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4). Reuse of documents: I 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 docwnents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. I I I I I I I I I I 7 I I I I ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS I Availability of Lands: I 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjuslInents in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. I I Physical Conditions: I 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. I I 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: I 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 I 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or I 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. I 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then, CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after fIrst observance of the conditions. I I 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease, in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different I I 8 I I I I from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. I Physical Conditions-Underground Facilities: I 4.3 .1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is othelWise expressly provided in the Supplementary Conditions: I 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and I 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work with the OWNERs of such Underground Facilities during construction. for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. I I 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. PROF- ESSIONAL will promptly review the Underground Facility to determine he extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. I I I I I Reference Points: I 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRAcrOR to proceed with the Work. CONTRAcrOR shall be responsible for laying out the Work (unless othelWise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or 'locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. I I Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: I 9 I I I I 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. I I 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any, CONTRACTOR shall not be required.to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. I I I I 4.7 If after receipt of such speCial written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. I I 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. I I I I I I I 10 I ... .,~,'1'""'-l- .. I I I I I I I I I I I I I I I I I I I ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when fmal 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 Reputation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CON1RACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insUrance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. ' 5.2.3, rfthe surety on any Bond furnished by CON1RACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or, it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: , 5.3. CON1RACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CON1RACTOR's performance and furnishing of the Work and CON1RACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CON1RACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death ofCON1RAC- TOR's employees; 11 I I I 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; I 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; I 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 I 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. I 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 lot the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after fmal payment and furnish OWNER with evidence of continuation of such insurance at fmal payment and one veal thereafter. I I I Contractual Liability Insurance: I 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. I Owner's Liability Insurance: I 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. I Property Insurance: I 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, 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 flre 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 I I 12 I '.-._'--~ --. ~- ..~-_ r'. ..... I I I 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). Ifnot covered under the "all risk" inSurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. I I 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled~or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. I I 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 Conciitions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 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 CON1RACTOR whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: I 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CON1RACTOR, PROFESSIONAL, PROF- ESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued: 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds 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. I I I I I 13 I I I I Receipt and Application of Proceeds: I 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. I I Receipt and Application of Insurance Proceeds I 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. I Acceptance of Insurance: I I 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONlRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONlRACTOR 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 CONlRACTOR 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. I I Partial Utilization-Property Insurance: I I 5.15. If OWNER fmds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage 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. I Indemnification I 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY 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, daniage, 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 I I 14 I I I I CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. I 5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. I I 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 or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I I I I I I I I 15 I I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills arid expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the ftnished Work complies accurately with the Contract Documents. I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without 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 CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. I I Labor. Materials and Equipment: I 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times 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. I I 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery" tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. I I 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m the Contract Documents. If required by PROFESSIONAL, CONTRACfOR shall furnish satisfactory, evidence including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Coptract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. I I Adjusting Progress Schedule: I 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. I Substitutes or "Or-Equal" Items: I 16 I -. ...~-_~'.1 ,...-..~-~":...:;;:~";::-. I I I 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is. intended to establish the type, function and quality required. Unless the name' is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests forreview of substitute items of material and equipment will not be accepted by PROF- ESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I I I I I 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General Requirements. 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 willbe evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CON1RACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute. CON1RACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. I I Concerning Subcontractors. Suppliers and Others: I 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2). whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CON1RACTOR 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. I 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other per- I 17 I I I I sons or organizations including those who are to furnish the principal items of materials and equipment} to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or 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 ,n the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. I I I 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 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. I 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 tenns 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 ofIosses under policies issued pursuant to paragraphs 5.6 and 5.7. I Patent Fees and Royalties: I 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or copyrights incident to the use in the performance or the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: I I I 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. I I Laws and Regulations: I 18 I I I I 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing 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. 'I I 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, roles, 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. 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. I Use of Premises: I 6.16. CONTRACTOR shall confme 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 umeasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, 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. I I I I 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger them. I I I Record Documents: I 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. I 19 I I I I Safety and Protection: I 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 CONTRACfOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of,. and shall provide the necessary protection to prevent damage, injury or joss to: I I I I I 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. I CONTRAcrOR 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 CONTRAcrOR, 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 CONTRAcrOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRAcrOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). I I I 6,21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRAcrOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. I I I I I I 20 I I I Emergencies: I 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change In the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. I I I 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such persori 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. I 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: I 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. I I I 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 coordmated with the requirements of the Work and the Contract Documents. I I 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. I I 6.25.1. Before submission of each Shop Drawing or 'sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice I I 21 I '''-. ',..-T....~."..~;:-T".;:.., I I I of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. . I 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall. not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. I I I 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 Managery 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. I 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. I I 6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. I Continuing the Work: I 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in wilting. I I Cleaning Up: I 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. I I Indemnification: I 22 I I I I 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 liInited 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 pan by any-negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. I I I I I 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. I 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. I I I I I I I I I 23 I I I I ARTICLE 7-0THER WORK Related Work at Site: I 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. ~ONTRACTOR may make a claim therefor as provided in Articles 11 and 12. I I 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 pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties andresporisibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. I I I 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. I I Coordination: I 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. I I I I I I 24 I I I I ARTICLE8-0WNER'S RESPONSmILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. I 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. I I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. I 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. I 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility 'in respect of certain inspections, tests and approvals is set forth in paragraph I 13.4. I 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. I I I I I I I 25 I I I I ARTICLE 9-PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: I 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. I I I Visits to Site: I 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. I Project Representation: I 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. I I Clarifications and Interpretations: I 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. I I Authorized Variations in Work: I 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Docwnents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Docwnents. These may be accomplished by a Field Order and will bc binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. I I 26 I I I I Rejecting Defective Work: I 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. I Shop Drawings, Change Orders and Payments: I 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. I 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. I 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: I 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACfOR PROFESSIONAL's preliminary determinations on such matters before rendering a whiten decision thereon (by recommendation ofan Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be fmal and binding upon OWNER and CONTRACfOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACfOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision. I I Decisions on Disputes: I 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and.12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time, Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. I I I 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACfOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering ofa 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 offmal payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACfOR 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. I I 27 I I I I I Limitations on PROFESSIONAL's Responsibilities: I 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. I 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. I 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. I I I I I I I I I I I 28 I I I I I I I I I I I I I I I I I I I I I ARTICLE IO-CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization ofa 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 7. The effect of this paragraph shall remain paramount and shall'prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any oth,er claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 11.1.3, 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 12.1.3. 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 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the generaL scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 29 I I I ARTICLE ll-CHANGE OF CONTRACT PRICE I 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. I 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. I I I I 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: I 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 defmed in the Contract Documents. I 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACfOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. I I .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. I 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 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 11.4 and 11.5. OWNER shall then process a unilateral Change Order, speci~g the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. I I 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within 30 I, I I I I 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. I Cost of the Work: I 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefIts which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefIts, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation 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 swplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I I 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifIcally related to the Work. 11.4.5. Supplem~ntal costs including the following: I 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, offIce and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. I I 31 I I I I I 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of tranSportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. I I 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. I 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. . I I 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6). provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. I I 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 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 the Work. I 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: I 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, PROFESSIONALs, architects, estimators, attomeys, auditors, accoun- tants, 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 1104.1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by CONTRACTOR's Fee. I I 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the I site. I 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 32 I I I I I 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). I I 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not 14nited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. I 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. I CONTRACTOR's Fee: I 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: I 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions or' the Cost of the Work: I 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent: I 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3: I 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 I 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 I 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost asdetennined 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 next change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour, and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit,markup. I I 33 I I I I I Cash Allowances: I I 11.8. It is understood that CONlRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: I I 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. I Prior to fmal 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: I 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR 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. I I I I 34 I I '-".,;:;.-;:;;;;:;!;;o.:....~~~..; I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 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 ftrst happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within ftfteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CON1RACTOR 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 CON1RACTOR's control or fault. I I 12.2. IfCON1RACTOR is de~ayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fIre, unavoidable casualties, utility conflicts which could not have been identifIed or foreseen by CON1RACTOR using reasonable diligence, or any causes beyond CON1RACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefftciency, 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 CON1RACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CON1RACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. I I I I I I I I I I I 35 I I I I I ARTICLE 13-WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I Warranty and Guarantee: I 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. I I I Access to Work: I 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. I Tests and Inspections: I 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. I 13.4. The testing finn(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. I I I 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 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 PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness I 36 I I I I I I 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: I 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. I I 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however,. such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. I I I I Owner May Stop the Work: I 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRAcrOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph, I I Correction or Removal of Defective Work: I 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non defective Work. If CONTRACTOR does not correct such'defective Work or remove and replace such defective Work within a reasonable time, all as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONlRAcrOR or deducted' from payment to CONlRAcrOR. CONTRAcrOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. I I 37 I I I I I One Year Correction Period: I 13.12. If, after approval of fmal payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR. I I Acceptance of Defective Work: I 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of flilal payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's recommendation of fmal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be ~iIfallpto~iiIDNlny other provision of the Contract Documents, OWNER may, I I I I I I after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of PROFESSIONALs, architects, attomeys and other PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's I I I I 38 I I I I I defective Work. CONTRACTOR shall not be allowed 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. I Neglected Work by CONTRACTOR I 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen, and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. I I I 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. I I I I I I I I I 39 I I I I I ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION I Schedule of Values: I 14.1. The schedule of values established as provided in 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. I Application for Progress Payment: I 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CON1RAcrOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CON1RAcrOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until ' the fmal payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. I I I CONTRACTOR's Warranty of Title: I 14.3. CON1RAcrOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. I Review of Applications for Progress Payment: I 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, CON1RAcrOR 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. I I 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality' of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the I I 40 I I I I I 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 hav,e 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 riright entitle CONTRACfOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACfOR. I I I 14.6. PROFESSIONAL's recommendation offmal payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. I 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: I 14.7.1. the Work is defective; or completed Work has been damaged requiring correction or replacement. I 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correc~ defective Work or complete Work in accordance with paragraph 13.14. or I 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. I OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account ofCONTRACfOR's performance or furnishing of the Work or Liens have been filed ill connection with the Work or there ate other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACfOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. I I Substantial Completion: I 14.8. When CONTRACfOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that I I I 41 I I I I I I I I I I I I I I I I I I I I I the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting 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 fmal payment. 14.9. OWNER shall have the.right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following. 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially , complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CON1RACTOR 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 o(the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before fma1 paYment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will fmalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR 42 I I I together with a written recommendation as to the division of responsibilities pending fmal payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRAcrOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRAcrOR reasonable access to complete or correct items on said list and to complete other related Work. I I 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. I 14.10.4. OWNER, may at its discretion, reduce the amount of retain age subject to Beneficial Occupancy. Final Inspection: I 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a fmal inspection with OWNER and CONTRAcrOR and will notify CONTRAcrOR 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. I I Final Application for Payment: I 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRAcrOR may make application for fmal payment following the procedure for progress payments. The fmal 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 fmal 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 all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. I I I I 14.12.1. No application for fmal payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. I 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. CONTRAcrOR 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. I I 43 I I I I I 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained including lost profits resulting from CONTRACfOR's failure or refusal to perform the work required by these contract documents. I Final Payment and Acceptance: I I 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 CONTRACfOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the fmal Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CON1RACTOR 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 fmal payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONlRACTOR. I I I I 14.14. If, through no fault of CONTRACTOR, fmal completion of the Work is significantly delayed and if PROFESSIONAL so confmns, OWNER shall, upon receipt of CONTRACTOR's fmal Application for Payment and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and 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 CONTRACfOR 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. I I CONTRACTOR's Continuing Obligation: I 14.15. CON1RACTOR's obJ..igation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or fmal 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 \york or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release ofCONlRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). I I I I 44 I I I I I Waiver ole/aims: 14.16. The making and acceptance offmal payment will constitute: I 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and I I 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. I I I I I I I I I I I 45 I I I I I ARTICLE IS-SUSPENSION OF WORK AND TERMINATION I Owner May Suspend Work: I 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 wilting to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. I Termination For Cause: I 15.2. Upon the occurrence of anyone or more of the following events: I 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACI'OR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; I I 15.2.2. if a petition is fIled against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of fIling, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; I 15.2.4. ifa trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACI'OR 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; I 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; I 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); I 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; I 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. ifCONTRACI'OR otherwise violates in any substantial way any provisions of the Contract Documents, I OWNER may, after giving CONTRACI'OR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services ofCONTRACI'OR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACI'OR's tools, appliances, construction equipment and machinery I 46 I I I I I I at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is fInished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I I 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. I Termination for Convenience I 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): I 15.4.1. For completed and acceptable Work executed in accordance with the Contract Docwnents prior to the effective date of termination, including'fair and reasonable sums for overhead and profIt on such Work; I 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 Docwnents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profIt on such expenses; I 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. I CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. " I 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. I CONTRACTOR May Stop Work or Terminate: I 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any swn fmally determined to be due, then CONTRACTOR may upon seven working days' written I 47 I I I I I I I I I I I I I, notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2.' In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty- one days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACfOR may upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such am9unts due CONTRACfOR, 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 CONTRACfOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. I I I I I I I I 48 I I I ARTICLE 16-DISPUTE RESOLUTION I I 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACfOR to OWNER for decision. All papers pertaining to claims shall be fIled in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACfOR by registered or certified mail, return receipt requested, directed to his last known address. I I 16.2 All claims, disputes and other matters in question between OWNER and CONTRACfOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACfOR 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. I I I I I I I I I I 49 I I I I I ARTICLE 17-MISCELLANEOUS Giving Notice: I 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fIrm or to an offIcer of the corporation for whom it is intended, or if delivered at or sent by registered or certifIed mail, postage prepaid, to the last business address known to the giver of the notice. I I Computation of Time: I 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: I I 17.3. Should OWNER or CON1RACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. I 17.4. The duties and obligations imposed by these General Conditions' and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survivefmal payment and termination or completion of the Agreement. I I I 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CON1RACTOR for a minimum of fIve (5) years from the date of fmal completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as 'often as OWNER deems necessary during the period of the Contract and for a period of fIve (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period oft;ime; shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. I I 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 I 50 I I I I I inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. I 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. I I I I I I I I I I I I I 51 I I I I I - I SGC-O 1. I SGC-02. I SGC-03. SGC-04. I SGC-05. I SGC-06. SGC-07. I SGC-08. I SGC-09. I SGC-I0. SGC-ll. I, SGC-12. I SGC-13. SGC-14. I SGC-15. I SGC-16. I SGC-17. SGC-18. I I I SUPPLEMENTAL GENERAL CONDITIONS INDEX Owner's Liability and Property Insurance Contractor's Liability Insurance Special Hazards ' , Testing Laboratory Surveys Progress Payments Drawings Rights-of- W ay Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use by Owner Cleaning Up Maintenance of Traffic Maintenance of Access . Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations I I I I I I I I I I I I I I I I I I I SGC-Ol. OWNER'S LIABILITY & PROPERTY INSURANCE: Sections 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County Commission for this project. Current insurance coverages will remain in effect for the life of this Contract. ' SGC-02. CONTRACTOR'S LIABILITY INSURANCE: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,00. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. SGC-03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Georgia Highway System and the Augusta- Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas 'lines, other utilities and private structures contiguous to the job site. SGC-04. TESTING LABORATORY: All materials testing and laboratory work in connection therewith shall be paid for by the Contractor and approved by the Engineer. SGC-l I I I I I I I I I I I I I I I I I I I SGC-05. SURVEYS: The Engineer will :provide horizontal control points and benchmarks for vertical control. The Contractors will provide surveying for construction stake-out. SGC-06. PROGRESS PAYMENTS: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Monthly payments shall be made in the amount of ninety (90) percent work completed and approved by the Engineer. Payments will be made to the Contractor by the 15th of the month completed the previous month. This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Not withstanding, any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. SGC-07. DRAWINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for this contract: Sheet No. I.tik Date Cover Sheet April 23, 1999; Revised May 27,1999 & June 8, 1999 2 3 4 5-25 26-32 33 . 34 Sheet Index General Notes Details DevelopmentPlan & Profile (Line "A") Development Plan & Profile (Line lOB") Lateral Profiles (Line "A") Lateral Profiles (Line lOB") SGC-2 I I, I I I I I I I I I I I I I I' I I I SGC-08. RIGHTS-OF-WAY: The OWNER wil~ furnish'allland and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all lands and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the contractor shall begin his work upon such land and rights-of-way as the OWNER may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the OWNER; but time for completion of the work will be extended to compensate for the time lost by, such delay; such determination to be set forth in writing and approved by the OWNER. SGC-09. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-IO. EXISTING STRUCTURES AND UTILITIES: The existence and, location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the contractor before starting work. The contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-ll. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The contractor shall, immediately after the contract has been awarded, submit to the Augusta Utilities Department Director for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any ofthe lump sum items, shown in the proposal. These estimates as approved will serve as the basis for estimating of payments, due on all progress estimates. SGC-3 I I I I I I I I I I I I I I I I I I I SGC-12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-13. CLEANING UP.: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Augusta Utilities Department Director. SGC-14. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The contractor shall not block traffic on any street more than 30 minutes or such other time as the agency having jurisdiction may specify, without written permission,from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate hazards, construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to the contractor. SGC-15. , MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all times they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be reqUITed for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue this operations so as to minimize the time that direct entrance is blocked. SGC-4 I I I I I I I I I I I I I I I I I I I SGC-16. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-17. BYPASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and operations and to use temporary construction and other approved methods, which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-18. SAFETY AND HEALTH REGULATIONS: The Contractor shall comp-ly with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 and under Section 107 of the Contract Work Hours and Safety Standards Act. SGC-5 I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION I CLEARING AND GRUBBING TS1-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the clearing and grubbing in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of this contract. TS1-02. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation from the site as indicated on the drawings or as directed by the Engineer, together with the down timber, snags, brush and other rubbish occurring within the areas to be cleared. Trees and other vegetation, as may be indicated on the drawings or designated by the Engineer to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off flush with or slightly below the original ground surface. Individual trees and groups of trees designated to be left standing within the cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations or as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts thus made shall be painted with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, incident to construction operations by the erection of barriers or by such other means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. TS1-03. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings or as directed by the Engineer. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated and removed to a depth not less than 18 inches below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. TS1-04. DISPOSAL OF CLEA'RED AND GRUBBED MATERIAL: All timber, logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations shall be removed from the site and placed in an approved offsite disposal area provided by the Contractor or otherwise disposed of as approved by the Engineer. When approved by the Engineer, burning shall be done at such location and in such manner that will avoid all public nuisance and all hazards such as damage to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible for compliance with all Federal, State and Local laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until the fires have burned out or have been extinguished. I I I I I I I I I I I I I I I I I I I TS1-05. PAYMENT: No separate payment will be made for the work covered under this section. Clearing and grubbing will be considered as subsidiary obligations of the Contractor for the construction of the sewer improvements and the cost involved shall be included in the applicable contract lump sum or unit price bid for sewer pipe and appurtenances, complete in place. I I I I I I I I I I I I I I I I I I I TEC~CALSPECnnCATIONS Section IT EXCAVATION, TRENCHING AND BACKFILLING TS2-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the excavation, trenching and backfilling for water mains, sewers and appurtenant structures, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TS2-02. EXCAVATION: a. General; Excavation shall be in accordance with OSHA Safety Requirements. b. Classification: Excavation shall comprise the satisfactory removal and disposition of all excavated materials regardless of classification. The Contractor shall perform all excavation of every description and whatever substances encountered to grade indicated. Water mains shall have a minimum cover of 36". c. Trench Excavation: The banks of trenches shall be kept as nearly vertical as practicable, and where required, shall be properly sheeted and braced. The width of trenches at and below the level of the pipe shall provide a minimum of six inches and a maximum of 12 inches clearance on each side of the bell of the pipe. The width of the trench above this level may be made wider as necessary for sheeting and bracing and the proper installation of the work. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum over depth of four inches and maximum of 12 inches below the normal required trench depth. The over depth rock excavation and all excess trench excavation shall be backfilled with well- graded crushed stone or crushed gravel meeting the requirements of Georgia Department of Transportation Type II Foundation Backfill according to Standard Specification 812.02. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated,on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Augusta-Richmond Utilities Department and the trench backfilled to trench bottom grade with crushed stone or gravel as specified above. I I I I I I I I I I I I I I I I I I I d. Dewatering and Drainage: All excavations shall be protected from flooding by surface waters (rain runoff, etc.). Dewatering by pumping or well pointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. . Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it will neither cause injury to public health, damage to public or private property . To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. e. Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. Excavations shall not be made until shoring has been completed. All existing structures, streets, pipes and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the City. The Contractor shall adequately protect the work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring and bracing or by sloping the banks in accordance with the angle of repose of the soil. f. Excess Material: Excess excavated material not suitable or required for backfill or filling shall be wasted as directed by the Augusta-Richmond Utilities Department. g. Stockpiles: Excavated material to be used for backfill shall be stockpiled as directed by the Augusta-Richmond Utilities Department. Excavated material shall be deposited a sufficient distance from the side of the excavation wall to prevent excessive surcharge. h. Blasting: Where blasting is necessary, it shall be done in accordance with local ordinances by skilled operators and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. TS2-03. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Augusta-Richmond Utilities Department. The trenches shall be carefully backfilled with earth, loam, sandy clay, sand and gravel, soft shale or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement or other hard materials having any dimension greater than two inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. For backfilling to the level of the pipe spring line only Foundation Backfill, Type II shall be used. All material shall conform to Georgia Department of Transportation Standard Specification 812.02. For backfilling, to a level one foot over the top of pressure pipelines and two feet above the top of gravity pipelines, only selected materials shall be used. Selected materials shall be approved by the Augusta- Richmond Utilities Department and shall conform to Georgia Department of Transportation Standard I I I I I I I I I I I I I I I I I I I Specifications, Section 812.01 ,Class I or Class IIB l, IIB2, IIB3 and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding six inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, only select backfill material shall be used and it shall be placed in 6-inch layers and each layer moistened and compacted to 98% Standard Proctor as per ASTM D-698. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weightper cubic foot, as determined by ASTM D 698. Any trenches which are improperly backfilled or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade and compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the excess material wasted as directed by the Augusta-Richmond Utilities Department. Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the Augusta-Richmond Utilities Department, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. TS2-04. PAVEMENT REPLACEMENT: The Contractor shall replace all pavement removed, undermined or damaged by his construction operations and as required by the plans. " As the completion of the pipe installation and construction of manholes and appurtenant structures progresses, all backfill shall be completed"in the manner prescribed in this section of these specifications. This backfill shall be finished off to a grade level with the surface of the adjacent pavement and shall be maintained smooth and free from potholes depressions and ruts until the pavement replacement, grassing, etc., hereinafter prescribed are performed. Pavement replacement shall be started as soon as possible after completion of backfill. The edge of existing pavement to remain shall be neatly cut vertically and on a uniform horizontal alignment with a rotary power saw (concrete saw). The backfill material shall be removed to depth required and subbase compacted as hereinbefore specified. The"designated patch shall be installed in accordance with the Jollowing specifications. a. Concrete Pavement Patch: The patch shall be 8" thickness of 3,000 psi concrete. Joints shall be provided in the new pavement matching in type and location all joints in existing adjacent pavement. The surface of the new pavement shall afso be finished to match the surface of adjacent pavement. b. Driveways: Same as for concrete pavement except that the thickness shall be 6 inches. c. Sidewalks: Same as concrete pavement except that the thickness shall be 4 inches. I I I I I I I I I I I I I I I I I I I d. Asphalt Concrete Patch: The patch shall consist of a 8" thickness of 3,000 psi concrete and a surface course of2" thickness of asphalt concrete where general asphalt overlay of the entire roadway is not required. For patches in existing roadway, where milling and overlay is included in project, the new pavement structure shall match the existing pavement structure or at a minimum shall consist of a prepared subgrade (Georgia Department of Transportation Section 209), 10 inches of graded aggregate base (Georgia Department of Transportation Section 815), and 2 inches of asphalt binder (Georgia Department of Transportation Section 820). e. Concrete Curb and Gutter: Concrete curb or curb and gutter which has been removed shall be replaced to match the adjacent curb in type and dimensions. 3,000 psi concrete shall be used in construction of curb and gutter. f. Granite Curb: In removing and replacing granite curb, extreme care shall be exercised to eliminate breakage or other damage during removal, storage and replacement. The Contractor will be required to replace all sections broken or damaged by his construction operations with new sections of identical material and dimensions at his own expense. In the replacement of the curb, the Contractor shall take extreme care in the placement and compaction of backfill under and adjacent to the curb to insure adequate support throughout the full length of each section of curb. TS2-05. EXISTING IMPROVEMENTS: The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, sewers, gutters and other drains encountered and repair to the satisfaction of the Engineer any surface or subsurface improvement damaged during the course of the work. The Contractor shall also make reasonable and satisfactory provisions for the maintenance of highway and street traffic. TS2-06. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restorations shall include seeding, sodding and transplanting oflawns, hedges, ornamental plantings and the repair or replacement of driveways, walks or other facilities. TS2-07. SALVAGE MATERIALS: All cast iron trap tops, grates and frames, manhole rings and covers, etc., that are removed and notreused shall be salvaged and hauled to the Streets and Drains Department, 1568 Broad Street. This is a no pay item. TS2-08. MEASUREMENT: 1. Excavation and Backfill: Unclassified excavation and backfill of excavated materials including satisfactory removal and disposal of ex<;:ess material shall not be measured for payment and all costs shall be included in the applicable contract payment item as set forth in the Proposal. 2. Crushed Stone or Gravel: The quantity of crushed stone or gravel authorized by the Augusta-Richmond Utilities Department to refill or unsuitable material excavation shall be the actual tons of stone installed and accepted. Crushed stone or gravel required to backfill unauthorized over-excavation in either width or depth will not be measured for payment. I I I I I I I I I I I I I I I I I I I 3. Select Material: Select material authorized by the Augusta-Richmond Utilities Department to replace unsuitable material for backfilling excavations and fill shall be measured on a cubic yard basis truck measure, complete installed and accepted. 4. Pavement Replacement: Pavement replacement - 8" thick concrete pavement, 6" thick concrete driveway pavement, 4" thick concrete sidewalk pavement, asphalt concrete pavement, brick pavement will be measured on a square yard basis comple!e and accepted, except where shown on plans or approved by the Augusta-Richmond Utilities Department. New pavement structures including subgrade preparation, GAB, and asphalt courses will be measured according to TS-9 "Bituminous Paving". Limit of measurement for pavement replacement over trench excavation shall be the pipe outside diameter plus four (4) feet. Limit of measurement around manholes and structures shall be two (2) feet beyond the outside wall. a. Curb and Gutter: The quantity of curb and gutter measured shall be the actual linear feet of curb and gutter replaced, complete and accepted. Except where shown on plans and approved by the Augusta-Richmond Utilities Department, the limit of measurement shall be the pipe outside diameter plus three (3) feet plus distance on either side of above width centered over pipe to closest construction or expansion joint on either side. b. Granite Curb: The quantity of granite curb removed and replaced shall be the actual linear feet of granite curb and gutter removed and replaced, complete and accepted. Limit of measurement shall be same as for curb and gutter. c. New Pavement Structures: Measurement shall be according to TS-9 "Bituminous Paving". TS2-09. PAYMENT: No separate payment will be made for excavation and backfilling; testing, refilling of over- excavation; dewatering and drainage; sheeting and shoring; stockpiling; blasting; pavement replacement and curb and gutter and granite curb replaced outside specified limits; protection and replacement of existing improvements damaged by Contractor's operations; restoration of property damaged by Contractor's operations; salvage material or other items of work except items as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items. Measured items shall be paid for at the contract unit or lump sum price for the items as set forth in the proposal, which payment shall be full compensation for the work, complete in place and accepted. Payment will be made under the following: Select Material Crushed Stone or Gravel 8" thick Concrete Pavement 6" thick Concrete Driveway Pavement 4" thick Concrete Sidewalk Pavement Asphalt Concrete Pavement Brick Pavement Curb and Gutter Granite Curb New Pavement Structures per cubic yard per ton per square yard per square yard per square yard per square yard per square yard per linear foot per linear foot per TS-9 "Bituminous Paving" I I I I I II I I I I I I I I I I I I' I TECHNICAL SPECIFICATIONS SECTION ill GRADING TS3-01. SCOPE: This section covers grading for all project streets, roads, sidewalks, and adjacent driveways, complete. TS3-02. REFERENCE: All referenced Sections and Articles refer to the Standard Specifications for the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS3-03. GENERAL: All work covered in this section will be in accordance with requirements ofD.O.T. Specifications, Section 205 and 209, except as specifically specified herein. TS3-04. EXCAVATION: a. The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every description regardless of material encountered within the grading limits of the project, shall be performed to lines and grades indicated, it shall consist of the removal of anything which is necessary but not covered by a specific bid item and which may be encountered in the grading operation. Use only suitable excavated material devoid of weeds, underbrush, roots, wood, trash of every description, and other foreign matter for fill areas. If existing soil conditions are exposed during excavating which contain decaying matter or other unsuitable materials, see Select Refill for specific instructions on excavation below plan grades. During construction, excavation shall be performed in a manner and sequencethat will provide drainage at all times. Material required for fills in excess of that produced by excavation within grading limits shall be excavated from off-site areas selected by Contractor. b. Select Refill Material: During construction if it is determined by Engineer that the soil encountered is unstable or unsuitable, he may direct additional excavation beyond the plan grades to remove such unsuitable material. Backfilling material shall conform to Georgia State Highway Specification, Section 812 - Backfill Materials, Type I or Type II as required by the Engineer. c. Driveways: To make the necessary driving grade approach to the gutter line it may be necessary to grade beyond the R!W limit. A unit pay item is included in the proposal for each Driveway graded beyond the R!W limit. d. All existing driveways shall be graded from the elevation of the new curb to the Right- of-way. This will be a no pay item, and shall be included in the lump sum bid for grading. I I I I I I I I I I I I I I I I I I I TS3-05. PROTECTION OF EXISTING SERVICE LINES AND UTILITIES STRUCTURES: All existing utility lines or structures as well as utility lines constructed during excavation operations shall be protected from damage during excavating and backfilling, and if damaged, shall be repaired by the Contractor at his expense. The Atlanta Gas Light Co. shall be notified prior to commencing work on a street, so they may have a representative on the job to assist in locating and preserving their lines. TS3-06. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly to prevent wedging action or eccentric loading upon or against structures. Slopes bounding or within areas to be backfilled shall be stopped or serrated to prevent sliding of fill. TS3-07. COMPACTION: a. Under Roadways: Compact each layer of fill to at least 95% of maximum density to within one foot of the top of the embankment. The top l2 inches shall be compacted to at least 98% of maximum density. Compaction shall be based upon the Standard Proctor Method, AASHO T-99. b. Other Areas: Compact each layer offill t at least 95% of maximum density based upon the Standard Proctor Methods, ASSHO T-99. TS3-08. RESTORATION OF PROPERTY: Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, hedges, ornamental planting, and repair or replacement of driveways, walks, fences, steps, or other facilities which are not shown as a unit price item and shall be at least equal in quality to original undisturbed work. TS3-09. RECONSTRUCTION OR ADJUSTMENT TO GRADE OF MISCELLANEOUS ROADWAY STRUCTURES: Contractor shall reconstructor adjust to finished top of pavement grade, all manholes, underground pipelines, watermeters, water valves, catch basins, or the like, within the roadway or as directed by the Augusta-Richmond Utilities Department. All work shall comply with the applicable requirements ofD.G.T. specifications, Section 611, and shall be included in the unit price of the proposal. TS3-10. MEASUREMENT AND PAYMENT: a. Select Refill Material: Payment for Select Refill Material Type I, Class I, II will be made at the Contract Unit Price per cubic yard as set forth in the proposal and shall represent full compensation for excavation and removal of unsatisfactory material, furnishing and installing the Select Refill Material. Payment for Type II refill material shall be made at the contract unit price per ton, complete in place. b. Unclassified Excavation: Unclassified excavation shall be paid for on a lump sum basis as indicated by the appropriate item of the bid proposal. This price and payment shall constitute full compensation for all labor, equipment, tools, and incidentals necessary to complete all items of work, rolling, compacting, bedding, and backfilling, the preparation and completing of sub grade, ditches and shoulders, finishing and I I I I I I I I I I I I I I I I' I I I protection of completed slopes and surfaces and the disposal of all waste materials as specified herein and not covered by a specific bid item. c. Restoration of Property: No payment will be made for the restoration of property. All such costs will be considered obligation of the contract which are subsidiary to and included in the applicable contract prices for which the work is required. d. Reconstruction of Adjustment to Grade of Miscellaneous Roadway Structures: Adjustment to grade of miscellaneous roadway structiJres shall apply to structures, excluding underground pipelines, where the top elevation and/or throats are raised or lowered and shall be measured and paid for at the price per each indicated in the bid proposal. Reconstruction shall apply to structures, including underground pipe lines, other than adjustment as defined above. Reconstruction of roadway structures complete and accepted shall be paid for as reconstructing each type . of structure at a price per linear foot indicated in the bid proposal, or as a unit bid price. I I I I I I I I I I I I I I I I I - I I TEC~CALSPECIFICATIONS Section IV SANITARY SEWER AND APPURTENANCES TS4-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of sanitary sewer pipe, structures and appurtenances, complete, in strict accordance with these specifications and the applicable drawings and subject to the terms and conditions of the contract. TS4-02. APPLICABLE SPECIFICATIONS: The latest edition of the following specifications form a part of this section of the specifications: a. American Socie,ty of Testing Materials Specifications: ASTM Des. C-l2 ASTM Des. C-76 ASTM Des. C-700 ASTM Des. C-425 Installing Clay Sewer Pipe. Reinforced Concrete Culvert, Storm Drain and Sewer Pipe Extra Strength Clay Pipe. Vitrified Clay Pipe Joints using materials having resilient properties. Joints for Circular Concrete Sewer and rubber-type gaskets. Precast Reinforced Concrete Manhole Risers and Tops. ASTM Des. C-443 ASTM Des. C-478 b. Georgia Department of Transportation Section 841.03, Ductile Iron Pipe and Appurtenances: Ductile iron pipe shall conform to the requirements of ANSI!AWWA A 21.50 and A 21.51 for the class and joint specified. a. Fittings: Fittings for ductile iron pipe shall conform to the requirements of ANSV A WW A A 21.1 0 for the class and joint specified. b. Rubber Gasket Joints: "Rubber gasket joints for ductile iron pipe shall conform to the requirements of ANSI! A WW A A 2l.ll. c. Flanges: Flanges for ductile iron pipe shall conform to the requirements of ANSVAWWA A 21.11. d. Plain End Ductile Iron Pipe: Plain end ductile iron pipe may be joined with steel bolted couplings meeting the requirements of Sub-Section 848.02. TS4-03. General: The contract drawings indicate the extent and general arrangement of the sanitary sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. I I I I I I I I I I I I I I I I I I I The drawing and these specifications shall be considered as supplementary one to the other so that materials and labor indicated, called for, or implied by this one and not the other, shall be supplied and installed as though specifically called for on both. TS4-04 MATERIALS: (a) General: All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications in this paragraph. The pipe installation is designated for the rigid pipe listed in the substitution schedule with a minimum factor-of-safety of 1.5 when installed in accordance with these specifications. Except where called for on the plans, the Contractor may use any type of rigid pipe in accordance with the following substitution schedule. The Contractor may also use flexible pipe meeting this specification. The Contractor shall modify the pipe bedding and installation procedures as outlined herein in accordance with the pipe manufacturer's recommendation to provide a maximum limiting deflection of 5% of the nominal pipe diameter under loads for this installation. Calculations shall be furnished the Augusta-Richmond Utilities Department upon request. SUBSTITUTE SCHEDULE FOR RIGID PIPE Pipe Size Clay Pipe Concrete Reinforced Concrete C-700 C14 Ex. Str. --------------- " " --------------- " " --------------- " " C-76 Class III " " " " " " 6" 8" lO" 12" 15" 18" or larger b. Pipe (Rigid Type): 1. Non-Reinforced Concrete Pipe: ASTM Specification C-14. 2. Reinforced Concrete Pipe: ASTM Specification C-76 sizes. 3. Clay Pipe: ASTM Specification C-700, Extra Strength for all sizes. 4. Georgia Department of Transportation Section 841.03, Ductile Iron Pipe and Appurtenances: Ductile iron pipe shall conform to the requirements of ANSI! A WW A A 2l.50 and A 21.5l for the class and joint specified. a. Fittings: Fittings for ductile iron pipe shall conform to the requirements of ANSII A WW A A 21.10 for the class and joint specified. b. Rubber Gasket Joints: Rubber gasket joints for ductile iron pipe shall conform to the requirements of ANSII A WW A A 21.11. c. Flanges: Flanges for ductile iron pipe shall conform to the requirements of ANSIIAWWA A 21.11. d. Plain End Ductile Iron Pipe: Plain end ductile iron pipe may be joined with steel bolted couplings meeting the requirements of Sub-Section 848.02. I I I I I I B B D I I I I I I I I I I c. Pipe (Flexible): 1. Polyvinyl chloride (pVC) sewer pipe per ASTM Specification D-3034, SDR-35. d. Joints and Jointing Materials: 1. Rubber Gasket Joints for Concrete Pipe: All concrete pipe shall be provided with O-ring rubber gasket joints conforming to the requirements of ASTM Designation C-443. Gaskets shall have a 45 plus or minus 5 when measured in accordance with ASTM Designation D-2240. The pipe joints shall be designed to withstand the gasket compression. 2. Vitrified Clay Pipe Joints Using Material Having Resilient Properties: Resilient joints shall conform to the requirements of ASTM Designation C-425, Type III. 3. Reinforced Polyester Mortar Pipe: O-ring rubber gasket joints. 4. Polyvinyl Chloride: Rubber gasket. 5. Georgia Department of Transportation Section 841.03, Ductile Iron Pipe and Appurtenances:. Ductile iron pipe shall conform to the requirements of ANSI! A WW A A 2l.50 and A 21.51 for the class and joint specified. a. Fittings: Fittings for ductile iron pipe shall conform to the requirements of ANSI! A WW A A 2 1.10 for the class and joint specified. b. Rubber Gasket Joints: Rubber gasket joints for ductile iron pipe shall conform to the requirements of ANSI! A WW A A 21.11. c. Flanges: Flanges for ductile iron pipe shall conform to the requirements of ANSI!AWWA A 21.11. d. Plain End Ductile Iron Pipe: Plain end ductile iron pipe may be joined with steel bolted couplings meeting the requirements of Sub-Section 848.02. TS4-05. INSTALLATION: (a. 1) Pipe Laying: The bottom of the trench where sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the section EXCAVATION, TRENCHING AND BACKFILLING, to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the direction ofthe flow. Each pipe shall be laid true to line and grade in such manner as to form a close concentric joint with the adjacent pipe and to prevent offsets in the flow line. Asthe work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where cleaning after laying is difficult because of small pipe size, a suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joint is completed. If the maximum permissible width of the trench at the elevation of the top of the pipe is exceeded for any other reason than at the direction of the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe encasement or other bedding as is required by the Engineer to support the additional load on the pipe. Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of I I I I I I I I I I B I I B I I I I I the Engineer so that no trench water, earth or other foreign substance can enter the line. (a.2) Flexible pipes shall be installed so as to support the dead loads (backfill) and live loads (units, equipment, etc.) with a limiting vertical deflection of no more than 5% of the normal pipe diameter. The Contractor shall install the pipe in accordance with the manufacturer's recommendations and in accordance with ASTM D-2321-74. The Contractor shall demonstrate that the limiting vertical deflection requirement of this specification is met by testing every section of pipe with the diameter of 8" or larger with a Go-No-Go device approved by the Augusta-Richmond Utilities Dep~rtment. Design loading criteria: ASCE No. 37 (a) (b) (c) Dead Load: Live Load: Impact Factor: (Earth backfill) 120 #/Cu. Ft. 10,000 # wheel load 1.5 All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. TS4-06. CONCRETE CRADLES, SADDLES AND ENCASEMENT: The Contractor shall install concrete cradles, saddles or encasements where shown on the plans or as directed by the Engineer. These structures shall be constructed in strict accordance with the details shown on the plans and as herein specified. Concrete shall have a 28 day compressive strength 00,000 psi when tested in accordance with ASTM Specification C-39. TS4-07. MANHOLES: a. General: All manholes indicated on the plans shall be furnished and installed by the Contractor in accordance with the plans and provisions of this section of these specifications. Manholes shall be constructed with cast iron frames and covers in accordance with the details as shown on the plans. The base of the manhole shall be constructed of3,000 psi concrete as specified elsewhere in these specifications. The invert channels shall be smooth and accurately shaped to the semicircular bottom conforming to the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the sewer and entering branches shall have as long a radius of the true curvature as the size of the manhole will permit. Manhole steps shall be spaced as shown on the plans. I. Precast Concrete Manhole: Precast manholes consisting of precast riser and tops, conforming to the requirements of ASTM Designation C478-6IT, may be used in lieu of brick manholes. The precast top section shall be of the eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess formed in'the base slab and the outside of the joint shall then be sealed with a level fillet of mortar. The joints in the riser pipe shall be set ih and sealed with cement mortar as specified above. 2. Manhole Steps: Manhole steps shall be installed in all sections of each manhole as indicated on the drawings. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damage to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. Steps shall be of cast iron, Sumpter Machinery Company #1 or approved equal. I I I I I I B I o I I I I I I I I I I 3. Manhole Frames and Covers: General: Manhole frames and covers in improved areas or streets shall set flush with the finished grade. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set one foot above the existing ground, unless otherwise directed. The word SEWER shall be cast on the manhole cover. Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to ASTM A-48, Class 30, gray iron. Casting shallbe quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale, lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. All bearing surfaces shall be machined to provide mating and to eliminate rocking. Standard frames and covers shall be Sumpter Machinery Company No. MF-68L frames and MC-68L covers. All covers shall be of non-penetrating type as per Augusta Utilities Department. Standard frame and covers to be utilized in all county and state right-of-way. Bolted Watertight Manhole Frame and Cover: Cast iron for manhole frames and covers shall conform to ASTM A-48, Class 30, gray iron. Casting shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale, lumps, blow-holes, blisters and defects of - every kind which render them unfit for the intended use. No plugging or filling shall be permitted. All bearing surfaces shall be machined to provide mating and to eliminate rocking. Standard frames and covers shall be Sumpter Machinery Company No. MF-68L frames and MC-68L covers. Bolted watertight frame and covers shall be U.S. Foundry #170E-BWT. Bolted watertight frame and cover to be utilized in all areas outside of county/state right-of-way. Installation: The top of the manholes shall be topped out with brick as indicated on the drawings. The number of courses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broker by staggering each successive course. The manhole ring and cover shall be set in a bed of mortar on the top course of brick. The outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent damage by freezing. Outside Drop Connections: Where specified, drop connections to manholes shall be constructed in accordance with Paragraph 06 and pipe and fittings in accordance with Paragraph 04. TS4-08. STUB-OUT FOR FUTURE SEWERS: Where and to the extent indicated on the plans, pipe stub-outs for the connection of future sewers shall be provided during the construction of new manholes of the sewer. Joints shall conform to the requirements of Paragraph 04 of these specifications. Each stub-out shall be plugged with a clay or concrete pipe plug sealed in the bell end of the stub-out. TS4-09. TIE-IN OF EXISTING SEWERS: . Existing sewers shall be tied-in to the new sewers at locations indicated on the plans. New manholes will be constructed at the intersection of the two sewers with the existing sewer passing through the manhole. After the completion of the manhole, the portion of the existing sewer inside the manhole will be removed in a neat manner to allow the flow of sewerage to enter the manhole. When the flow of the existing sewer is to be diverted into the new sewer, the open end of the existing sewer in the opposite wall will then be closed and sealed with a precast plug or masonry bulkhead coated with cement mortar plaster. I I I I I I I I I I I I I I o I D I I TS4-10. SIDE SEWERS: 1. General: A side sewer shall consist of a sewer extending from a connection to the street or main sewer to its connection to the house sewer or other point as designated by the Augusta-Richmond Utilities Department. The side sewer connection to the street sewer shall be as follows: New 8",10", or 12" New 15" and larger or existing street sewer Y fitting in street sewer with 45 degree elbow Machine made tap and suitable saddle or otherwise as approved by the Augusta Utilities Department. The Contractor shall install a side sewer where shown on the plans or directed by the Augusta- Richmond Utilities Department and in accordance with the details shown on the plans. 2. Pipe Laying: Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall start and proceed up grade from the point of connection at the street sewer or other starting point. Pipe shall be l<iid in a straight line at a uniform grade between fittings on a uniform horizontal or vertical curvature achieved by deflecting pipe joints within the limits recommended by the manufacturer of the pipe used. 3. Fittings: All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and materials as the pipe used. The maximum deflection permissible at anyone fitting shall not exceed 45 degrees (one- eighth) 1/8 bend. The maximum deflection of any combination of two adjacent fittings shall not exceed 45 degrees (one-eighth (1/8) bend) unless straight pipe of not less than two and one-half (2 1/2) feet in length be installed between such adjacent fittings or unless one of such fittings is a viye branch with a cleanout provided on the straight leg. TS4-11. FIELD TESTS: 1. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way shall be rejected. Particular notice shall be made of the joints to be sure that a water-tight joint will be assured. 2. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and checked for conformance with specified requirements. The pipe shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. 3. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and materials. The work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition at the expense of the Contractor. 4. Infiltration: A maximum allowable rate of infiltration into sewer lines shall be limited to 100 gallons per inch of diameter per mile of sewer per 24 hours. This clause does not relieve the Contractor of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such steps as are necessary to bring the infiltration within the above allowance. The test for infiltration shall be made as follows: The test shall be made following a period of heavy rain and when the I I I I I I I I I I I I I I I I I I I ground is saturated. The Engineer reserves the right to use his judgment as to whether or not the ground is sufficiently saturated to allow a satisfaCtory test. In the event that rainfall is insufficient to allow a satisfactory test before the date of completion of the work, the Contractor will be required to conduct the tests at any time up to 30 days following the completion date. The test shall be made up to three measurements of flow taken at hourly intervals. The amount of infiltration shall be computed from the average flow measured. The Contractor shall provide and install all necessary measuring weirs or other devices required to make the flow measurements. The test shall be made in the presence of and to the satisfaction of the Engineer. TS4-12. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding and transplanting of lawns, hedges, or ornamental plantings and the repair or replacement of driveways, walks, fences or other facilities, in such a manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent of the property oWner until condemnation procedure, if necessary, has been completed. TS4-13. CLEAN UP AND REPAIRING: The sewers shall be kept clean during the progress of the work and upon completion shalt"be thoroughly cleaned. All needed repairs, shall be made before this final cleaning. The Contractor shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into the sewers or any deviation from proper grade or alignment such as to make the work in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own expense. TS4-14. "FINAL INSPECTION: When the Contractor considers that all work has been completed, he shall then notify the Engineer who will carefully inspect all work and make such tests as to satisfy himself that every provision of the Contract has been faithfully carried out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. TS4-15. MEASUREMENT: 1. Street or Main Sewer Pipe: Sewer pipe shall be measured in place from center to center of manholes or structures without deductions for length of line through the structures. Depth of cut shall be measured from the ground surface to the pipe invert. 2. Side Sewers: Measurement shall be along the pipe from the outside surface of the main sewer or manhole connection to the extreme end of the last pipe or fitting placed, through tees, wyes and other fittings; and from the center of the side sewer along the center line of any branch to the extreme end of the last pipe or fitting placed, through tees, wyes, or other fittings. Plugged wyes or tees shall not be considered branches. Measurement shall be to the nearest one-tenth (0.1) foot. Fittings shall not be measured for payment. 3. Standard Manhole: The number of standard manholes to be paid for shall be the actual number of standard manholes, installed, complete, including frame and cover and accepted. Standard manholes shall have a depth dimension of between 0' and 6' measured from the invert of the lowest outlet pipe to the top of concrete or masonry the frame and cover sits on. 4. " Manhole - Additional Depth: The depth of each manhole shall be measured as specified above and subtracting 6.0 feet from this depth shall be the additional depth of each manhole. Measurement shall I I I I I I I I I I I I I I I I I I I be to the nearest one-tenth (0.1) foot. 5. Concrete Cradles and Encasements: The quantity of 3,000 psi at 28 day concrete authorized by the Augusta-Richmond Utilities Department for encasement, cradles and collars required for protection of the pipe shall be the actual cubic yards of concrete installed and accepted. 6. Connections to Existing Sewers or Manholes: The quantity to be paid for under this item shall be the actual number of each size pipe connected to either an existing sewer or manhole, complete and accepted. TS4-16. PAYMENT: 1. Street or Main Sewer Pipe: Payment for each size of sewer pipe measured as specified above will be paid for at the contract unit price per linear foot for various depths of cut, as set forth in the Proposal. 2. Side Sewers: Payment for each size of side sewer pipe measured as specified above will be paid for at the contract unit price per linear foot as set forth below. No separate payment shall be made for fittings or connections and all such costs shall be included in the specified unit price item. 3. Other Items: Other measured items shall be paid for at the contract unit or lump sum price for the various items as set forth below, which payment shall be full compensation for furnishing and installing the items, complete, in place in accordance with the Plans and Specifications. Payment will be made under the following: ~inch (size), Sanitary Sewer,_to_ft cut-----per linear foot ~inch (size), Side Sewer----------------n-----------per linear foot Standard Manhole (0' - 6' Depth)-------------------------per each Manhole - Additional Depth-------------------------------per vertical foot Drop Manhole --------------------------------------------per each Concrete for Cradles and Encasement----------------------per cubic yard ~inch (size), Sanitary Sewer Connection to Existing Manhole or Sewer--------------------------~-------------per each '~.... * as shown in the Proposal. I I I I I I I I I I I I I I I I I I I TS5-01. SCOPE: TECHNICAL SPECIFICATIONS SECTION V STORM SEWER AND APPURTENANCES The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with the installation of storm sewer pipe, structures and appurtenances, complete, in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TS5-02. EXCA V A TION~ TRENCHING AND BACKFILLING: All excavation, trenching and backfilling shall be as specified under the Section entitled "Excavation, Trenching and Backfilling". TS5-03. CONCRETE WORK: All concrete work shall conform to the requirements of Section "Concrete". TS5-04. APPLICABLE SPECIFICATIONS: The latest edition of the following specifications form a part of this section of the specifications: A. American Society of Testing Materials Specifications: C 12-82 C 14-82 C 76-85A C 700-78A C 425-77 C 443-85A C 478-85A C 507-84A C 655-85A C 361-85A Installing Clay Sewer Pipe Concrete Sewer Pipe Reinforced Concrete Pipe Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe Vitrified Clay Pipe Joints Using Materials Having Resilient Properties Joints for Circular Concrete Sewer and Concrete Pipe Using Flexible, Watertight, Rubber-type Gaskets Precast Reinforced Concrete Manhole Risers and Tops Reinforced Concrete Elliptical Culvert, Storm Drain and Sewer Pipe Reinforced Concrete D-Load Culvert, Storm Drain and Sewer Pipe Reinforced Concrete Low-head Pressure Pipe B. Federal Specifications: SS-B0656 Brick, Building (Common) Clay TS5-05. GENERAL: The contract drawings indicate the extent and general arrangement of the storm sewer system. If any departure from the contract drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted as soon as practicable for approval. No such departures shall be made without written approval of the Engineer. I I I I I I I I I I I I I I I I g U I The drawing and these specifications shall be considered as supplementary, one to be the other, so that materials and " labor indicated, called for by the one and not the other, shall be supplied and installed as though specially called for on both. TS5-06. MATERIALS: All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications. All pipe shall be furnished with "0" ring rubber gasket joints. Pipe 24" and smaller shall be in accordance with the following substitution schedule except where a specific type pipe is designated on the plans: Substitution Schedule Pipe Size Clay Pipe Concrete Pipe Reinforced Concrete 6" 8" 10" 12" 15" 18" 24" C-700~ 78A C-14-82 Ex. Str. " " n " "" JI tt " If " "fI" n " " " """ C-76-85A Class III It " " " " " " " " Reinforced Concrete: Pipe 15" and larger shall be reinforced concrete conforming to ASTM C-76-85A, strength class as shown on the plans, Class III where not designated or ASTM C-655-85A. Pipe designed for ASTM C-655-85A shall be designed for the specific installation, bedding and cover conditions for which it is intended. The Contractor shall submit with his proposal a preliminary design for this pipe. The design shall be based upon criteria of the American Concrete Pipe Association and shall have been reviewed by the Engineers of that Association. TS5-07. INST ALLA nON: A. Pipe Laying: The bottom of the trench where the sewer pipe is to be laid shall be prepared and shaped as shown on the plans and specified under the Section, "Excavating, Trenching and Backfilling", to give uniform circumferential support to the lower quadrant of the pipe for the maximum length. Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing iii the direction of the flow. Each pipe shall be laid true to the line and grade in such a manner as to form a close concentric joint with the adjacent pipe and to prevent offsets in the flow line. As the work progresses, the interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where cleaning after laying is difficult because of small pipe size, a suitable swab or drag,shall be kept in the pipe and pulled forward past each joint immediately after the joint is completed. If the maximum peimissible width of the trench at the elevation of the top of the pipe is exceeded for any other reason than at the direction of the Engineer, the Contractor shall install at his own expense, such concrete cradling, pipe encasement or other bedding as is required by the Engineer to support the additional load on the pipe. Trenches shall ,be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench water, earth or other foreign substance can enter the line. I I I I I I I I I I I I I I I I I u I All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. B. Jointing: Vitrified Clay and Concrete Bell and Spigot Pipe: The jointing procedure for vitrified clay pipe having rubber gasket joints as specified hereinbefore, shall be recommended by the manufacturer of the joint material and approved by the Engineer. The Contractor shall furnish and install the joint complete, using such adhesive or lubricating substances as are recommended. Care shall be taken to prevent exposure of the gaskets to sunlight before installation. TS5-08. CONCRETE COLLARS. CRADLES. SADDLES AND ENCASEMENT: General: Collars, cradles, saddles or encasement shall be constructed of concrete with a minimum 28-day strength of 3,000 psi. TS5-09. MANHOLES: A. General: Manholes shall be constructed with case iron frames and covers. The base of the manhole shall be constructed of concrete having a minimum 28-day compressive strength of 3,000 psi. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the size of the manhole will permit. Manhole steps shall be cast iron, NEENAH R-1980-M spaced at l' - 0" o.c., or shall be the comparable product of equal width manufactured by Sumter Machinery Company. B. Brick Manholes: Brick for manholes shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. The brick shall be laid radially in header courses with the joint broken by staggering each successive course. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. C. Precast Concrete Manholes: Precast manholes consisting of precast risers and tops conforming to the requirements of ASTM C478-85A may be used in lieu of brick manholes. The precast top section shall be the eccentric cone type. The lower end of the section shall be set in a bed of mortar in a recess formed in the cast-in-place base slab and the outside of the joint shall then be sealed with a beveled fillet of mortar. The joints in the riser pipe shall then be sealed with Portland cement mortar. D. Brick Manhole Tops: The top of the manholes shall be topped out with brick. The number of courses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broken by staggering each successive course. After the manhole ring and cover has set in a bed of mortar on the top course of brick, the outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent any damage by freezing. E. Manhole steps shall be installed in all sections of each manhole. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All I I I I I I I I I I I I I I I I I I I damage to the precast section cased by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. F. Manhole Frames and Covers: Manhole frames and covers in improved areas or streets shall be set flush with the finished grade. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set two feet above the existing round unless otherwise directed. The words STORM SEWER shall be cast on the manhole cover. G. Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to ASTM A48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blowholes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. Standard frames and covers shall be Sumter Machinery Company Frame MF-800 and Cover No. MC-800 or the comparable product ofNeenah Foundry Company. TS5-10. TRAPs: A. General: The general location and type of trap are indicated; however, the final location and type of trap shall be in accordance with the direction of the Owner or Engineer during construction of the project. Traps may be located other than as indicated, added or deleted as necessary. B. Brick Boxes: Brick shall conform to Federal Specification SS-B-656, Type H. All brick shall be thoroughly cleaned and saturated with water immediately before being laid up. Brick shall be laid up with cement mortar made of one part Portland cement and two parts of approved sand to which may be added lime not to exceed 25 percent by volume of the cement. The inside of the box may be rubbed with a cloth in lieu of striking the joints. Concrete, brickwork and mortar shall be protected against low temperatures. C. Concrete: All concrete shall conform to the requirements of the Section "Concrete" of these specifications. D. Iron Castings: Cast iron for frames, covers, grates and hoods shall conform to ASTM A 48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. E. Frames and Covers: Standard frames and covers for traps shall be Sumpter Machinery Company Frame MF-3 and Cover MC-5 with lugs or the comparable product of Neenah Foundry Company. F. Grate Frame, Grate and Hood: Standard frame, grate and hood for hood-back traps shall be Sumpter Machinery Company Frame C.F.F.-51, Grate C.B.G.-51 and Hood C.B.H.-51 or the comparable product of Sumpter Machinery Company. TS5-11. CONNECTING EXISTING STORM SEWERS: A. Manhole or Trap Connections: Where existing storm sewer laterals pass through a new manhole or trap, the new structure shall be constructed around the existing sewer and the space around the sewer on each side of the manhole or trap shall be sealed with mortar or sealing compound to prevent infiltration between the existing pipe and new wall. When the new storm sewer lines are completed and tested, the existing pipe inside the structure shall be carefully broken out and removed. The down stream end of the existing storm sewer shall be plugged at the wall of the structure with brick and mortar. B. Line Connections: At those locations where portions of the existing storm sewer laterals are to I I I I I I I I I I I I I I I I I I I be removed and/or replaced with new laterals connecting to the new storm sewer collector pipe, manhole or trap, all connections shall be made in such manner as to prevent infiltration at those points of connection. The Contractor shall submit his connection collar detail for approval by the Owner and/or Engineer. The pipe to be removed shall be removed in such manner as to prevent any damage to the pipe or joints left in place for inclusion into the new storm sewer piping system. The "downstream" storm sewer lateral left in place shall be plugged with concrete in such manner as to seal the end of the pipe but prevent any concrete from intruding into or otherwise entering into the existing combined sewer pipe. TS5-12. FIELD TESTS: A. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way that could not be repaired after installation, shall be rejected. Particular notice shall be made of the joints to be sure that a watertight joint can be assured. B. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to the placing of any backfill, the joints, alignment and grade shall be carefully examined and shall be observed during backfilling operations and shall be.rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. All gravity pipe lines are intended to be straight between manholes and a full circle of light shall be visible from one end to the other. Broken or cracked pipe shall be replaced with sound pipe and any deposit or pro,truding joint material shall be removed arid the joint remade. C. Appurtenances: All m(inholes and other appurtenances shall be of specified size, shape and materials; the work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition by cleaning, pointing or if necessary by rebuilding at the expense of the Contractor. TS5-13. INFIL TRA TION OR EXFIL TRATION TEST: All gravity pipe lines shall be subjected to an infiltration or exfiltration test. The Contractor shall provide at no additional expense to the Owner, all labor, supervision and measuring devices necessary to conduct the test as described herein. A maximum allowable rate of infiltration into sewer lines shall be limited to 200 gallons per 24 hours per inch of diameter per mile of sewer. This clause does not relieve the Contractor of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be accepted and the Contractor shall take such steps as are necessary to bring the infiltration within the above allowance. The test for infiltration shall be made as follows: This test shall be made following a period of heavy rain and when the ground is saturated. The Engineer reserves the right to use his judgement as to whether or not the ground is sufficiently saturated to allow a satisfactory test. The Contractor shall provide and install all necessary weirs or other devices required to make the flow measurements. The test shall be made in the presence of an to the satisfaction of the Engineer. The Engineer may, at his option, order an ex filtration test in lieu of the infiltration test. The test shall be made as follows: The run of sewer to be tested shall be plugged and the line filled with water to a point approximately one foot below the top of the lowest manhole a ring. After sufficient time has elapsed for air to bleed off and absorption to be complete, the water level in the manhole shall be measured at 30 minute intervals for 2 hours. The measured drop in water level shall then be translated intci the amount of ex filtration. The rate of exfiltration shall be within the limits prescribed for the infiltration test. For pipe larger than 42" diameter, the Contractor may elect to individually test the joints before backfilling by subjecting one side of the joints to 5 psi water pressure; under these conditions there shall be no visible leakage of the joint. TS5-14. RESTORATION OF:PROPERTY: The Contractor shall carefully restore all property defaced by operations or acts of his agents or employees. Such restoration shall include seeding, sodding and transplanting of lawns; hedges or ornamental plantings I o I I I I I I I I I I I I I D I I I and the repair or replacement of driveways, sidewalks, fences or other facilities, in such manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent of the property owner until condemnation procedures, if necessary, have been completed. TS5-15. CLEAN UP AND REPAIRING: The sewers shall be kept clean during the progress of the work and upon completion shall be thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into the sewers or any deviation from proper grade or alignment such as to make the work,. in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own expense. All materials, tools, temporary structures and excess excavation shall be maintained in a neat condition throughout the project and shall be removed, cleaned, smoothed, graded and/or finished in a workmanlike manner at the completion of the work. TS5-16. FINAL INSPECTION When the Contractor considers that all work has been completed, he shall then notify the Engineer who will carefully inspect all work and make such tests as to satisfy himself that every provision of the Contract has been faithfully carried out. During this inspection, the Contractor shall, at his own expense make provisions for suitable drainage and maintenance. TS5-17. MEASUREMENT: A. Storm Sewer Pipe: 1. Pipe smaller than 18" in diameter either shall be measured in place from center to center of manholes or structures or shall be measured in place from the connection to the new collector pipe to the connection with the existing lateral pipe, as appropriate. The depth of the cut shall be measured from ground surface at center line to pipe invert. 2. Pipe 18" in diameter and greater in diameter (including all arch or elliptical pipe) shall be measured in place from outside face to outside face of structures or manholes. The depth of the cut shall be measured from the ground surface at the centerline to the pipe invert. B. Manholes: The number of manholes to be paid for shall be the actual number of manholes, installed complete, including the frame and cover and accepted. c. Traps: Single-wing, double-wing, hood-back and gutter inlet: The quantity to be paid for under this item shall be the actual number of each type installed, complete and accepted. D. Junction Boxes: The number of junction boxes to be paid for shall be the actual number of junction boxes, installed complete, including the frame and cover and accepted. TS5-18. PAYMENT: I I I I I I I I I I I I I I I I I I I A. General: No separate payment will be made for excavation, trenching, backfilling, testing, restoration of property, clean-up, repairing or inspection or other items of work required to complete the work except as itemized below for payment and all such costs shall be included in the applicable contract unit price or lump sum bid items as set forth in the Proposal. B. Storm Sewer Pipe: Payment for each size and class of storm sewer pipe measured as specified above shall be paid for at the contract unit price per linear foot for the various depths of cut as set forth in the Proposal. C. Drainage Structures: Payment for headwalls, inlets, manholes, junction boxes and the like will be made on the basis of the applicable unit prices as set forth in the Proposal. This payment shall be considered full compensation for all materials, excavation and backfill necessary to complete the structure. D. Tie to Existing Structure: The connection of new pipe to an existing drainage structure will be paid for on a unit price basis as set forth in the Proposal. I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS Section VI WATER DISTRIBUTION TS6-01. SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and appliances and in performing all operations in connection with installation, testing and sterilization of underground pipe, valves, fittings and appurtenances for the water distribution system, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the contract. Any deviations from the plans, (spec., materials and drawings) approved by the Planning and Zoning Commission must be reviewed and approved in writing by the Augusta-Richmond Utilities Department prior to beginning construction. Any installation made without written approval shall be removed at the Contractor's expense. TS6-02. NOTIFICATION: Before commencing any water main construction, the Contractor shall notify the Augusta-Richmond Utilities Department, 2760 Peach Orchard Road, 796-5000. No valves shall be operated by the Contractor or his representative without an authorized employee ofthe Waterworks Operations Department being present. TS6-03. SPECIFICATIONS (:MATERIALS): a. General: Pipe for water mains shall be cast iron (CI), ductile iron (DI), or polyvinyl chloride (pVC) per the following specifications. Fittings for all pipe shall be cast iron or ductile iron, mechanical joint, cement lined. Retainer glands/megalugs, where specified, shall be ductile iron. All materials will be American made. Any pipe, solder or flux used in the installation or repair of water lines must be lead-free. Pipes and fittings must not contain more than 8.0% lead and solders and flux must not contain more than 0.2% lead. marked as per A WW A Standards (with . manufacturer's mark and pressure class as a minimum). 1" water meter service lines shall be copper, Type K, with brass fittings, as listed below: Mueller: Hays: Ford: McDonald: Curb stops, ball type (360 deg. turn) B-20200-3 4300WR Bll-444R 6111 Corporation Cocks H-9971 5230 F-200 3120 Service Ells H-15530 5628 L28-44 4779M Service Connections H-15485 5312 LA 1 02-44 4749 Copper to Copper H-l5400 5615 C22-44 4758 Copper to Iron H-15425 5605 C28-44 4753 Note: Flare fittings only. No compression fittings will be accepted. b. Iron Pipe: Cast iron or ductile iron pipe and fittings shall be in accordance with the following specifications with 1/16 in. cement mortar lining and rubber gasket joints, except where noted on plans. Cast iron pipe shall have a bursting tensile strength of 21 ,000 psi and a ring modulus of rupture of 45,000 psi. Except as otherwise indicated on plans,minimum wall thickness shall be as follows: I I I I I I "I I I I I I I I I I I I I Pipe Size: Thickness Class: Cast Iron Ductile Iron 22 350 PSI (Class 51) 21 350 PSI (Class 50) 21 300 PSI (Class 50) 23 250 PSI (Class 50) 4" 6" - l8" 20" 24" Specifications Description AWWA C-I06-75 ANSI A-21.6-l975 AWWA C-I08-75 ANSI A21.8-1975 AWWA C-IIO-93 ANSI A21.1 0-93 A WW A C-111-90 ANSI A2l.11-90 AWWA Cl15-88 ANSI A21.15-88 AWWA C15l-91 ANSI A21.5l-91 A WW A C-602-89 ANSI A21.4-90 Cast iron pipe centrifugally cast in metal molds for water or other liquids. Cast iron pipe centrifugally cast in sand-lined molds for water or other liquids. Gray-iron and ductile-iron fittings, 2 inc. through 48 in. for water and other liquids. Ru~b.~r-gasket joints for cast-iron and ductile- iron pressure pipe and fittings. Flanged cast-iron and ductile-iron pipe with threaded flanges. Ductile-iron pipe, centrifugally cast in metal molds for water or sand-lined molds for water or other liquids. Cement-mortar lining for cast-iron and ductile- iron pipe and fittings. for water. The pressure rating, metal thickness class, net weight or pipe without lining, length of pipe and name of manufacturer shall be clearly marked on each length of pipe. c. Galvanized Pipe: All galvanized pipe (1-1/2" - 3") shall be American made, Schedule 40 and shall conform with the ASTM Specifications. d. Polyvinyl Chloride (PVC) Pipe: Polyvinyl chloride pipe shall be in accordance with A WW A Specifications C900-75, Polyvinyl Chloride (pVC) Pressure Pipe, 4 in. through 12 in. for water, Class 200, DR-14 with cast iron pipe equivalent OD's, gasket bell end with elastomeric gasket. 1. Polyvinyl Chloride (pVC) Pipe: 1-1/2" through 3" shall be ring-tight joints, Class 200. Fittings shall be same as specified for iron pipe. e. Valves: Valves 3" through 12" shall be iron body, bronze mounted, A WW A mechanical joint, convention or "0" ring packing, approved non-rising stem gate valves. Valves shall be M&H Style 67-01, Muller A- 2380-20 or approved equal. All gate valves and tapping valves shall be OPEN RlGHT. Tapping valves shall be Mueller . Style H-667, or approved equal. Valves smaller than 3" must be ball type, Ford No. B 11-777R or approved equal (no hand wheel valves allows). All tapping valves must have full opening to use a Mueller CC-24 shell cutter. 1. Gate valves in sizes 16" and larger shall be of horizontal type with mechanical joint, rollers, tracks and with non-rising stem. All 16" and larger valves shall have a by-pass valve with non-rising stem. All horizontal valves shall have totally enclosed watertight gear case. Horizontal valves should be of the Mueller A-2480- 20-06 type or approved equal. I I I I I I I I I I I I I I I I I I I f. Valve Boxes: Each valve box shall be M&H E2702 (564A), Mueller H10364 (564A), Russell #564-S or 564A, or approved equal. Each valve box shall be screw-type to adjust for a minimum cover of 36" bury. Extension pieces will be required for additional depth over valve. Extensions shall be M&H E-3120 or Mueller H- 10375 or approved equal. Covers shall have "WATER" cast on top. g. Meter Boxes: Meter boxes shall be "Rome Type" cast iron 10" x 19" x 10". Lids shall have cast ribs on bottom side (known as a "Piedmont lid") to prevent sliding movement. Top shall have minimum weight of 13 pounds. Box shall have minimum weight of 3 7 pounds. Lids to be marked "W A TER". h. Fire Hydrants: Fire hydrants shall be in accordance with A WW A Standard C502-73, Dry Barrel Fire Hydrants, as modified by the following minimum requirements: 1. Model- Mueller Centurion, M&H Style 129, American Darling No. B-62-B, or approved equal. A WW A compression type - dry top - traffic model, 150 psi working pressure, 300 psi testing pressure. 2. Size of Hydrant Valve Opening - 5 1/4" 3. Number and Size Hose Nozzle - 2 - 2. " 4. "Hose Nozzle Threading - National Standard 5. Number and Size Steamer - 1 - 5". 6. Steamer Nozzle Threading - 5 3/8" a.D., 6 threads per inch (City of Augusta Standard). 7. Size of Shoe Connection - 6". 8. Type of Shoe Connection - Mechanical Joint. 9. Size and Shape of Operating Nut - Pentagon, 1 1/2" flat to point. 10. Direction of Opening - Open left (Counterclockwise) N.R.S. 11. Bury - Minimum 42". 12. Color - Yellow with aluminum bonnet and caps. i. Tapping Sleeves: The tapping sleeve shall be mechanical type joint suitable for l50 psi working pressure, M&H, Mueller, Clow, or approved equal. TS6-04. EXCA VA TION, TRENCIDNG AND BACKFILLING: Excavation, trenching and backfilling shall be in accordance with Section, "Excavation, Trenching and Backfilling for Pipe Lines". TS6-05. INSTALLATION: a. General: Installation of all pipe, valves, fittings and appurtenances shall be in accordance with the applicable provisions of the specified sections of the following specifications. Minimum cover over top of pipe shall be 36" or as indicated on plans. A horizontal separation of at least 10 feet must be maintained between the water main and the existing or proposed sewer. When water mains cross sewers, a minimum vertical separation of 18 inches must be provided between the two (2) pipes (measured edge to edge). At Crossings, one full length of water pipe must be located so that both joints are as far from the sewer as possible. Iron Pipe: A WW A Specifications C600-93. "Installation of ductile iron water mains." PVC Pipe: Same as above for iron pipe. 14 Gauge copper wire will be buried above the pipe and wrapped around valves and fittings to insure continuity. b. " Water Meter Service: I~ I. I. I. I. I. I I I I I I. I I I I I I I 1 Taps: Taps shall be made on the upper half of the water main at angle of 45 degrees from vertical. The trench for the service line shall be excavated to a depth which will insure a minimum cover of 30" below finished grade. The new copper line shall be laid in a straight line insofar as possible from the corporation cock to the curb cock. The curb cock shall be located 12 inches behind the back and 8 inches below the top of the new curb or raised edge asphalt. A plan of typical water meter services is incorporated in these specifications. Service taps on mains in subdivisions shall be made so that service lines will be located in the center of proposed lots. \.2. of the following: New Water Meter Service on New and Existing Mains: A new water meter service shall consist a. 1" tap 'in water main using double-strapped tapped saddle. b. 1" corporation cock installed saddle. c. 1" main connector, optional. d. 1 "copper tubing from main connector. e. 1" service ell. f. l" curb cock. g. Meter box and top. Refer to Section TS-03 of these specifications for materials. 3. Meter Service Renewal on Existing Main: Meter service renewal shall consist of relocating the existing meter and box to location shown on the plans or as directed by the Augusta-Richmond Utilities Department; installing a new 1" copper: line with required fittings and adapters from the existing corporation cock in water main to the water meter; reconnecting the water meter to existing house service with pipe and fitting of same size and type as existing house service, complete. 4. Water Meter Service Adjusted: Where a conflict exists between the existing meter services and the new curb and gutter, etc., the Contractor shall adjust grade and make.extension as required using existing pipe and fitting or by furnishing new pipe and fittings of the same and material as existing as required. 5. Extending Services: Existing copper services, at the discretion of the Inspector, can be extended by using 4 copper to copper couplings. All new material (service ell, curb cock and copper) shall be used and shall be of equal size to the existing service to be extended. 6. Existing water Mains to be Extended or Tapped: No taps or extension of existing mains shall be made unless and Inspector is present. Notice of 24 hours shall be given to the Augusta-Richmond Utilities Department before commencing work. Large transmission mains will be tapped by Waterworks Department at the Contractor's expense. 7. New water Main Installation: After the curb and gutter has been installed or line and grades established to receive asphalt with raised edge, the water main shall then be installed. Procedure of installation to conform to A WW A Specifications C600-64, Section 7, 9b through 13. c. Valves: Before setting each valve, make sure the interior is clean and tested for opening & closing. Set valves and stops with stems plumb and at the exact locations shown. Valve and service boxes shall be plumb, with tops at finished grade. Tamp trench backfill thoroughly for a distance of3' on all sides of the boxes. Tap connection to existing mains shall be kept closed until after the line is tested, sterilized, flushed and accepted for service. d. Fire Hydrant and Laterals: Before setting, remove foreign material from barrel and test for opening and closing. Set hydrant plumb with hose nozzles l8" above finished grade and 24 inches behind the curb. The hydrant shall be set at a height so that the backfill or final grading will be at the bury line. The fire hydrant shall be set a I I I I I I I I I I D o D I I D o o o minimum of 3.0' from any tree, power pole, fence or structure. All laterals from main to hydrant location shall be cast iron or ductile iron with 6" M.J. valve. Two cubic feet of gravel shall be placed under the hydrant for drainage from the barrel. Tie rods, concrete and retainer glands/megalugs shall be used for blocking. After installation, all hydrants shall be given a touch-up coat of primer paint and two (2) field coats of high grade paint of the color specified by the Augusta- Richmond Utilities Department. e. Reaction Blocking: All plugs, fire hydrants, caps, tees, bends and other fittings shall be provided with adequate reaction blocking. Reaction blocking shall be of 3000lb concrete and shall bear directly against the undisturbed trench wall. Metal tie rods and clamps and retainer glands/megalugs may be used in lieu of blocking when using cast iron pipe or ductile iron pipe. All tie rods, clamps and retainer glands/megalugs shall be given a bituminous protective coating. All bolts and joints shall be left exposed and caution taken while pouring blocking not to cover tees, bolts, etc., as mentioned above. f. Water Mains Cut and Plugged: After new main and services have been installed, sterilization test completed and meters connected, existing water mains will be cut and plugged as directed by the Augusta-Richmond Utilities Department. g. Water Mains Cut and Plugged: The Contractor shall cut and plug existing water mains where shown on the plans or required for the installation of new work, using a plug, cap or solid. sleeve, as directed by the Augusta-Richmond Utilities Department, complete with reaction blocking. h. Tapping Sleeve and Valve: The Contractor shall install a tapping sleeve and valve of proper size and type on the existing water main, tap main and install valve box. The outside of the tapped main shall be cleaned just prior to installation of the tapping sleeve. (Refer to Section 03, paragraph i, and Section 05, paragraphs b6 and b7.) TS6-06. TESTING: After installation of the main, hydrants, services and appurtenances, the main shall be filled and flushed to remove air from the system prior to the testing. The main shall then be refilled and all valves closed feeding the system to be tested. The Contractor shall be required to furnish all equipment to satisfactorily perform the hydrostatic test as specified herewith. The pump shall be installed at the low point of the system and pressure shall be increased to 100 Ibs. per square inch above the normal static pressure or 200 lbs. per square inch, whichever is greater. Leakage shall not exceed 23.3 gallons per day, per mile of pipe, per inch of diameter. All pressure tests shall be successfully conducted for not less than four (4) consecutive hours. The test shall be performed after the curb and gutter has been completed and all curb cocks have been located. Notice of 24 hours shall be given to the Augusta-Richmond Utilities Department prior to beginning the test. TS6-07. STERILIZATION: Sterilization shall comply to A WW A Specifications C651-92. The method of disinfection shall comply with Section 5.2 of C651. A representative from the Augusta-Richmond Utilities Department shall be present with four (4) hour notice prior to placi,ng the disinfectant)n the system. A notice of24 hours shall be given to the Augusta- Richmond Utilities Department when the main is ready for a sample to be drawn and tested. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipe lines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the Health Department shall be observed in executing this work. Acceptable analysis must be obtained prior to placing the system in service. Disinfection of water lines and the disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with A WW A Standard C651 (latest revision). TS6-08. "DRY BORE AND JACK" METHOD: MATERIALS: I I I I I I o I I I I I I I I I I I I 1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation A- 211, Grade B, with minimum wall thickness as shown on the plans. Steel pipe will have a minimum yield strength of 35,000 PSI. Casing pipe shall be joined together with welded joints. 2. Carrier Pipe:. The carrier pipe shall be ductile iron as specified herein. 3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. Ifvoids shall develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately one (1) inch, remedial measures will be taken as approved by the Augusta-Richmond Utilities Department. When installing carrier pipe through casing, the Contractor shall use mechanical joint pipe with retainer glands/megalugs throughout length of casing. (The carrier pipe shall be strapped to 8-foot long wooden skids with metal straps throughout length of casing. Wooden skids will be of sufficient thickness to prevent joints from making contact with casing pipe. The ends of the casing shall be sealed with rock and mortar. Contractor shall insure mechanical joints within 2 feet of end of casing.) TS6-09. SALVAGE MATERIAL: All existing pipe, fittings, valve boxes, etc., removed during installation of water system improvements and not reused on the job shall be delivered to Water Works Operations Department, 2822 Central Avenue and placed at location directed by the Augusta-Richmond Utilities Department. TS6-10. MEASUREMENT: a. Water Main: The overall length of water main actually installed will be measured in linear feet along the central axis of the diameter of the pipe. from the center to center of junction pipes, end of pipe or centerline of fitting, valve or fire hydrant whichever is applicable. b. Fittings: Measurement of fittings shall be the total weight of all fittings with retainer glands/megalugs installed and accepted-. Weight of gaskets, bolts and nuts shall not be included in measured weight. c. Water Main Cut and Plugged: The quantity to be paid for under this item will be the actual number of each size water main cut and plugged, complete and accepted. d. Tapping Sleeve and Valve: The quantity to be paid for under this item will be the actual number of tappings sleeves and valves installed, complete including tap and valve box and accepted. e. Valves: The quantity to be paid for under this item will be the actual number of valves, installed, complete with valve box and accepted. f. Fire Hydrants: The quantity to be paid for under this item will be the actual number of fire hydrants installed, complete. and accepted. g. Water Meter Service: The quantity to be paid for under this item will be the actual number of water meter services (new), water meter services (existing water main) and water meter services renewed (existing main) installed, complete and accepted. h. Water Meter Service Adjusted: Measurement of water meter services adjusted shall be the actual number of water meter services adjusted, complete and accepted (this item includes new pipe and fittings as required). I I I I I I I I I I I I I I I I I I I 1. of pipe to end of pipe. and this specification. Bore & Jack: Installation of pipe by bore and jack method shall be measured in place from end The per foot price includes casing with blocking and casing pipe ends sealed, complete per plans TS6-ll. PAYMENT: Payment for each size of water main pipe measured as specified above will be paid for at contract price per linear foot as set forth below. Other measured items shall be paid for at the contract unit or lump sum price for the various items, which payment shall be full compensation for furnishing and installing the items, complete in place in accordance with the specifications. No separate payment will be made for excavation and backfill, testing, sterilization, reaction blocking, and for clamps and tie rods, or other items of work required for a complete installation except as itemized below for payment and all such costs shall be inc1,uded in the applicable contract unit price or lump sum bid item. Payment will be made under the following: Water Main Fittings Valve with Box Tapping Sleeve and Valve Water Meter Service, New Water Meter Service, Renewal, Existing Main Water Meter Service, Adjusted Water Main Cut and Plugged Fire Hydrant Boring an Jacking for water Line inch size per linear foot per ton per each per each per each per each per each per each per each per linear foot inch size inch size inch size I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS Section VII CONCRETE TS7-01. CURB AND GUTTER: Concrete curb and gutter shall be placed in accordance with Section 441 of the Specifications of the State Highway Department of Georgia, 1993 Edition. TS7-02. SInEW ALKS Concrete sidewalks shall be placed in accordance with Section 44l of the Specifications of the State Highway Department of Georgia, 1993 Edition. TS7-03. CONCRETE PAVING: Concrete paving shall be placed to the thickness shown on the plans and in conformity with Section 430 of the Specifications of the State Highway Department, 1993 Edition. TS7-04. CONCRETE TEST: The Contractor shall obtain the services of an approved Testing Laboratory and submit copies of test reports on all concrete poured. Two (2) cylinders per 50 cubic yards of concrete poured and not less than two for each day's pour shall be tested for 7, 14, and 28 day strength. TS-05. METHOD OF MEASUREMENT AND PAYMENT: A. Curb and gutter will be measured and paid for on a linear foot basis. B. Sidewalks will be measured and paid for on a square yard basis. C. Concrete paving will be measured and paid for on a square yard basis. D. No separate payment. shall be made for concrete testing. I I I. I I I I I I I I I I I I I I I I TEC~CALSPECIFICATIONS SECTION vm CONCRETE CURB AND GUTTER TS8-0 1. SCOPE: This section covers construction of portland cement concrete curb and gutter. TS8-02. REFERENCE: All referenced sections and articles refer to the standard specifications of the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS8-03. MATERIALS: Concrete shall be Class A as described in Article 500.3 of Georgia Highway Specifications, 3000 psi, with an air content by volume of 3% to 6%. The concrete shall have a maximum slump of 3 inches. All materials shall meet the requirements of Georgia Highway Specifications. Reference is made to the following: Portland Cement Water Fine Aggregate Size No. 10 Coarse Aggregate Steel Bars for Concrete Reinforcement Dowel Bars and Tie Bars Performed Joint Filler Article 830.01 Article 880.01 Article 801.02 Article 800.0l Article 853.01 Article 853.08 Article 833.01 TS8-04. CONSTRUCTION: Construction methods .shall be in compliance with the applicable portions of Sections 441 and 430 of the Georgia State Highway Specifications. TS8-0S. CURB AND GUTTER: All curb and gutter removed and damaged during and resulting from excavation of the trench for the proposed sewer lines shall be replaced by the Contractor in such manner that it will conform to existing or improved condition before the trench was cut. . TS8-06. MEASUREMENT AND PAYMENT: Replacement of curb and gutter will be paid for at the applicable unit price as set forth in the proposal. o I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION IX BITUMINOUS PAVING TS9-0L SCOPE: This section covers a graded aggregate base course, bituminous prime coat, bituminous tack coat, and a hot laid asphaltic concrete surface course, complete. TS9-02. REFERENCE: All referenced sections and articles refer to the Standard Specifications for the "Construction of Roads and Bridges" of the Department of Transportation, State of Georgia (1993 Edition). TS9-03. SUBGRADE: Prepare and compact sub grade to receive a graded aggregate base course in accordance with the section of these specifications entitled "Grading". TS9-04. GRADED AGGREGATE: Graded aggregate base course shall be constructed to the thickness indicated on plans. a. Materials: Materials shall conform to requirements of Section 815, and related articles. b. Applications: Apply graded aggregate base course in accordance with applicable requirements of Section 3l0. c. Compaction: Compact to at least 100% of maximum density at optimum moisture content based upon the Standard Proctor Method, AASHO T-99. TS9-0S. MIT,L ASPHALTIC CONCRETE PAVEMENT: Milling existing asphaltic pavement shall be performed in accordance with Section 432 of the standards in the locations shown on plans. TS9-06. BITUMINOUS PRIME: Bituminous prime shall be applied to the finished base course at the rate of 0.15 to 0.30 gallons per square yard in accordance with Section 412, the exact amount being specified for each job by the Augusta-Richmond Utilities Department. The material used in accordance with article 820.00. TS9-07. BITUMINOUS TACK COAT: a. Material & Construction: Section 413. b. . Quantity per Square Yard: 0.02 to 0.04 gallons per square yard. I I I I I I I I I I I I I I I I I I I TS9-08. ASPHALT CONCRETE SURFACE COURSE: The asphalt concrete surface course shall be type "H" or type "F" and of a thickness indicated on plans. a. Materials: The materials to be used shall be in accordance with the following articles: Asphalt Cement Article 820.0 I-Table 820.1 Coarse Aggregation for Asphaltic Concrete Article 802.02 Fine Aggregate for Asphaltic Concrete Article 802.01 Mineral Filler Article 803.01 See following.for Mix. b. Application: Apply asphalt concrete surface course in accordance with applicable requirements of Section 400. c. Compaction: Compact to at least 98% of the density of a laboratory specimen of the same mixture subjected to 50 blows of a standard Marshall Hammer on each side of the specimen, based on the Marshall Test Procedure, ASTM D1559. BITUMINOUS PLANT MIX BASE: a. Material and Construction: Section 400. b. Job Mix: Section 400. TS9-09. PA VEMENT MARKING: All pavement markings shall be constructed in accordance with Section 653 of reference specifications and placed as indicated on plans. TS9-10. TESTS: a. Materials: Contractor shall be responsible for having materials he proposes to furnish tested to demonstrate conformance to these specifications. Certified copies of Test Reports shall be approved by t he Augusta-Richmond Utilities Department prior to construction. b. Compaction: Compaction test will be made at the discretion of, and at locations specified by the Augusta-Richmond Utilities Department, at no cost to the Contractor. TS9-11. MEASUREMENT AND PAYMENT: Graded aggregate base will be measured and paid for on a square yard basis. The thickness shall be according to plans. Milling existing asphalt concrete pavement will be measured and paid for by the square yard. Bituminous Prime will not be paid for separately. Bituminous tack material shall be paid for on a per gallon basis. Asphalt concrete, all types, shall be paid for by the ton. Pavement markings shall be paid for per linear foot for striping and per word or symbol, each. I I I I I I I I I I I I I I I I I I I TEC~CALSPECIFICATIONS SECTION X RIPRAP AND ROCK LINING TSIO-Ol SCOPE: The work covered by this section of the specifications consists of furnishing all materials, labor, supervision, and equipment in performing all operations in connection with installation of rip-rap and stone filter blanket, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Augusta Utilities Department prior to beginning construction. Any installation made without written approval shall be removed at the Contractor's expense. TSIO-02 SPECIFICATIONS (MATERIALS): a. Stone Plain Riprap: Georgia Department of Transportation Standards and Specifications, Section 603, Rip Rap, Section 805.01, Rip Rap and Curbing Stone. TSIO-03 INSTALLATION: Rip rap shall be installed as per Georgia Department of Transportation Standards and Specifications Section 603, Rip Rap. TSIO-04 MEASUREMENT: a. Rip Rap: Measured by the square yard, installed, complete and accepted. TSIO-06 PAYMENT: Payment for items measured as specified above will be paid for at contractprice per square yard as set forth below. No separate payment will be made for excavation and backfill as required for complete installation except as itemized below for payment and all such costs shall be included in the applicable contract unit cost. Payment will be made under the following: Rip Rap per square yard I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION XI FINISH GRADING AND GRASSING TSll-Ol. SCOPE: Work under this section shall consist of finish grading, fertilizing and grassing the construction area and other ares disturbed by the Contractor's operations, complete in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. TSll-02. FINISH GRADING: Finish grading shall consist of finishing off to a uniformly smooth surface free from abrupt irregular surface changes, all areas disturbed by Contractors' operations within the permanent and temporary easement area. The degree of smoothness shall be that ordinarily obtainable from power grader operation. The finished surface shall not be more than 0.25 feet above or below the established grade. There shall be no roots, wasted building material, trash or other unsightly matter projecting through or visible at the surface. TSll-03. FERTILIZER: a. Material: Fertilizer shall be 4-12-12, commercially mixed, conforming to the fertilizer laws of the State of Georgia. . TSll-04. b. Application: All areas disturbed by the Contractor's operations shall be fertilized. Fertilizer shall be applied just before or simultaneously with the planting of grass. It shall be applied uniformly at the rate of 1,500 pounds per acre. It shall be applied with approved mechanical spreaders. SEEDING: All areas disturbed by the Contractor's operations shall be seed as follows: Planting Date Feb. 1 to Sept. 1 Sept. 1 to Nov. 15 Seed Hulled Bermuda Abrujji Rye Application (# per acre 20 20 TSll-05. PROTECTION: Newly grad~d and seeded areas shall be protected from the action of the elements and any settlement or washing that may occur from that or any other cause prior to acceptance of the work shall be repaired and grades re- established to the required elevations and slopes at the Contractor's expense. TSll-06. MAINTENANCE: Maintenance of the seeded area shall be furnished under this contract for a period of 60 days after the completion of the work. Reseeding shall be required where previous planting did not grow at the Contractor's expense. I I I TSll-07. PAYMENT: No separate payment will be made for the work covered under this section. Finish grading and grassing wiU be considered as subsidiary oblig3:tions of the Contractor for the construction of the sewer improvements and the cost involved shall be included in the applicable contract lump sum or unit prices bid for sewer pipe and appurtenances, complete in place. I I I I I I I I I I I I I I I I I: I I I I I I I I I I I I I I I I I I ..... .'.-'.""",:!"~.:r.'""..,:;:.."''';, ' ......- -.. ..-.~ .--. .- - .". '::::'_-;~~""~~~'~;!f..d';.:o"-"-c,.:"".,'-j':;, csra TESTING AND ENGINEERING CO., INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 FAX (706) 737-0629 Report No. B-08998 Date September 21. 1998 CLlENT:W.R. Toole Engineers, Inc. PROJECT: Rae's Creek Sewer Replacement Phase 1I/11i LOCATION: Augusta, Georgia As requested, we have completed a subsurface investigation for the above referenced project. Attached herewith are boring logs that describe the depths drilled and the type of material encountered. Where auger refusal was encountered, we have indicated this on the boring logs as well. Boring locations are indicated on the boring logs. Auger refusal indicates that difficulty can be expected when excavating. In some cases, blasting may be required. Otherwise, proper excavation equipment will be needed to access the proper grade. If you have any questions or need further information, please contact our office. Respectfully submitted, CSRA T~sttg anff Enginee,.d.n_9 C..2.:.Snc. ~~ W, J~ . Michael W. Pope \ 2 cc: W.R. Toole Engineers, Inc. Member of American Society for Testing and Materials . ,~,~ ::0s.!ii:~r~:;:a~:~~~::_: I I I I I I I I I I I I I I I I I I I .- -.. '... C'.S r. a TESTING & ENGINEERING CO., INC. AUGUST A, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A . PROJECT Rae' 5 Creek Sewer Replacement Phase II/III lOCA TlON .AugUsta,Georgia .,.. "'-. ..-. ""'-'" -. ~~.- - ...... L._ _ . Sta. 1+00, Line A ":.'. ~:'~- ':..-'~.:~~:::':-':';' .;... ~- ~ DEPTH:""":d;:",.1-.,,.:;,:s"f\"~;o'i:~~ .'.. \ VISUAL SOIL FEET ,; ,.-,,--,.. ,DESCRIPTION 15' RE'l'Ilj; !':h-Brown and Tan Silty Sandy Clay Gray and Black Weathered Shale Boring Tenninated at 10 feet. 20' 25' 30' 35' " 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. BORING NO. DATE September 4, 1998 B-1 PENETRATION VALUE (N) 7 @ 2' 8 @ 4' @ 6n@ 7' @ 6n@9' UNIFIED CLASS. None -===- WATER TABLE PERCENT MOISTURE ......!':I. " ,....., ;I~'~;;!~ _.... .'- ,'" . Yo-T"", ~. ,'<_, , ~~,..:;"'" . 1 ,,_ ~ csra I I I I I I I I I I I I I I I I I I TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A . PROJECT .,Rae's Creek Sewer Repla~nt . '.~ _.- ~.:~"..?~e II/III .. lOCATION Augusta, .Georqia .?: . ~:'-;!':::. . " . , BORING NO. B-2 Sta. 8+00, Line A DATE September 4. 1998 ...;.:!.:.:.:.~_~:~~_ 2.._-:---#':;""-'_ - 0' DEPTH." ,..t~..,,:;,~,_..$..'~.,: .'... . . , FEET' ~ ~- ,Z:~~=.:~:-' .' VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE Reddish-BrcMl"l Silty Slightly Sandy Clay 5' Brown and Gray Silty Clay 10' Grayish-Tan Sandy Silt 15' Gray Sandy Silt and Weathered Shale Refusal at 18 feet. 20' 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE PROJECT Rae' 5 Creek Sewer Replacarent Phase 11/11.1 LOCATION Augusta, Georgia I I I I I I I I I I I I I I I I I I I DEPTH FEET csra 1005 EMMETT STREET, SUITE A VISUAL SOIL DESCRIPTION Brown Silty Sand Brown Sandy Silt Refusal at 10 feet. 15' 20' 25' 30' 35' 40' TESTING & ENGINEERING CO., INC. AUGUSTA. GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 BORING NO. B-3 '. ",.1;,,'., DATE September 4, 1998 Sta. 16+00, Line A PENETRATION VALUE (N) UNIFIED CLASS. N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. -===- WATER TABLE L,.'t1.;i~,~;' r.:.~;~-~.; . ..."dt.:,.~;. ~'." ...-.....~;:~~~ . ':Z~lf~ ;''':'.'~''' .,7~ ..~ PERCENT'. ,';J;';Ep MOISTUR~ .~~ PROJECT Rae's Creek Sewer Replacarent Phase II/III lOCATION Augusta, Georgia I I I I I I I I I I I I I I I I. I I I DEPTH FEET csra 1005 EMMETT STREET, SUITE A TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 BORING NO. ~-..... --';I.~......~.,@(:;~~~:. . - "," '.:4",~_~~" -, . -,;.\ .:~~.~. Sta. 30+00, Line A DATE September 4, 1998 B-4 PENETRATION VALUE (N) UNIFIED CLASS. VISUAL SOIL DESCRIPTION Brown Silty Sand with Gravel N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -:=::=::- WATER TABLE Brown and Tan Silty Clay Gray Weathered Shale Refusal at 10 feet. 15' 20' 25' 30' 35' 40' ~~_'ll" . '. 1-.'::' ~';:'\-;7.4.:-:;~'~~'~) " . -!,~; '. ....' ~ ..-. , . ....;_.~....~~,r. I -;:-?!t.;.:': ; ,. ~~:::;:JA PERCENT~ t~. MOISTUR~ ~..;i;~ ,.... ~~ t ~....... I I I I I I I I I I I I I I I I I I I csra .. "".7;V:,::r.-' -..:_ :-;"';"~:i;;'~-~-.~~I~'~~"~';....' .~. - -:1:<r c.-;..::"'~,~"i~''.~: ;_::~~~: "':':.:"~'...:.;..-,,!4(r::;"'-~~-:~' TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET. SUITE A PROJECT Rae's Creek Sewer Replacement -,=2~.__..- -c... Phase II/III .. . loeA TION Augusta, Georgia DEPTH FEET VISUAL SOIL. DESCRIPTION Tan Silty Sand Gray Sandy Silt 5' Gray and Tan Silty Clay Gray and Tan Sand with gravel 10' Gray Weathered Shale 15' 20' 25' 30' 35' 40' Refusal at 12 feet. N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. Sta. 50+00;Li.ne A BORING NO. 8-5 DATE September 4, 1998 PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE None -===- WATER TABLE I I I I I I I I I I I I I I I I I I I . - ~,,,-,":.~:~.~~~~:;~~t~l.:.~' : ..-:- ';." --~~ -,;rw~~~#i~-iJ1~~? - - csra TESTING & ENGINEERING. CO., INC. AUGUSTA. GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A PROJECT Rae' 5 Creek Sewer Replacarent Phase II/III . ~ ~ -=' ~'-,;",".~." t"- lOCATION Augusta, Georgia DEPTH FEET ~Sta. 56+95, Line A ,,:'.,.ll' VISUAL SOIL~". .;:.,':'.',:.,. DESCRIPTION . .. _ . , . Brown Sandy Clay Gray and Tan Sandy Clay 5' Tan and Gray Sandy Silty Weathered Shale 10' Boring Tenninated at 15 feet. 20' 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. BORING NO. B-6 DATE September 4, 1998 PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE 12 @ 2' 27 @ 4' 6" @ 7' 6" @ 9' o @ 6" @ 14' None ~ WATER TABLE 'I''::'':: I I I I I I- I I I I I I I I I I I I csra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A PROJECT Rae's Creek Sewer Repl.c1carent. Phase II/III lOCA nON Augusta, Georgia BORING NO. --.. September 5, 1998 B-7 DATE Sta. 72+00, Line A DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE eN) UNIFIED CLASS. PERCENT MOISTURE Sand Brown Silty Sand 5' Gray Sandy Silt Dark Gray Weathered Shale 10' Auger refusal at 12 feet. 15' 20' 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE :ll'I~~~Il;;::' . csra I TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A I :.,:,.;PROJECT Rae's Creek Sewer Replace.:roon.:t Phase II/III . LOCATION Augusta, Georgia I ~ _ .-'-"" DEPTH --- FEET . BORINGNO. 8-8 Sta. 86+10, Line A DATE September 5, 1998 I- I I I I I I I I I I I I I I VISUAl SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE II RedrH !';h-Brown Micaceous Clayey Sand 8 @ 2' Gray and Tan Clayey Silt 4 @ 4' Tan Silty Coarse Sand with Gravel 28 @ 7' 50 @ 6" @ 9' Refusal at 13 feet. Gray and Tan Weathered Shale 15' 20' 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE ......, ...;;.~_ ...;a-:~~~~-=-..... _ I I I I I I I I I I I I I I I I I I I ." ".#....\"_~~,>tot;"7'_t7>'i"~.,.z..~-,~.. csra TESTING & ENGINEERING CO., INC. AUGUSTA. GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET. SUITE A PRO J ECT Rae's Creek Sewer Repl.acelrent._ Phase II/III LOCATION Augusta, Georgia BORING NO: 8-9 - . DATE Sta. 93+00, Line A September 5, 1998 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE Tan and Wh.i te Silty Clay 14 @ 2' Reddish-Tan Clayey Silt 20 @ 4' Tan and White Weathered Silt 17 @ 7' Gray Sandy Silt 25 @ 9' Dark Gray Weathered Silt o @ 2" @ 14' Auger Refusal at 17 feet. 20' 25' 30' 35'. 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE I I I I I I I I I I I I I I I I I I I csra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET. SUITE A DATE Sta. 2+34, Line B (25' left) BORING NO. September 7, 1998 B-10 PROJECT Rae's Creek Sewer Replacement Phase II/III LOCATION Augusta, Georgia DEPTH VISUAL SOIL PENETRATION UNIFIED PERCENT FEET DESCRIPTION VALUE (N) CLASS. MOISTURE Gray and Tan Silty Clay 5 @ 2' Gray and Tan Sandy Silt 7 @ 4' Tan Sandy Silt @ 6" @ 7' Reddish-Brown Weathered Silt 5 @ 6" @ 9' Dark. Gray Weathered. Shale 5 @ 2" @ 14' Boring Tenninated at 15 feet. 20' 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE I I I I I I I I I I I I " csra TESTING & ENGINEERING CO., INC. AUGUSTA. GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A Sta. 32+50, iine B (8' rPJl~ BORING NO. September 5, 1998 B-11 PROJECT Rae's Creek Sewer Replac:::arent Phase II/III LOCATION Augusta, Georgia DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE Bmwn Sandy Silt Gray Sandy Silt Gray and Tan Sandy Silt 10' Dark Grcrj Weathered Shale Refusal at 12 feet. 15' 20' . . 25' 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. None -===- WATER TABLE