The URL can be used to link to this page

Home My WebLink AboutRAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT 60112W L HAILEY COMPANY :;'- AUGUSTA UTILITIES DEPARTMENT RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT 60112 CONTRACT DOCUMENTS February 2007 Project 0506-00 :"'1'1-/17 PREPARED BY EEL 435IELFAIR ST. AUGUSTA, GEORGIA ENGINEERS PHONE (706)724-5627 ZIMMERMAN, EVANS AND LEOPOLD, INC. COVERAGES r- ---=---"="J ACORQM CERTIFICATE OF LIABILITY INSURANCE "\ DATE (MMlDDIYYYYl 10/19/2007 PRODUCER (615)383-8874 FAX (615)383-8939 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FRANK E. NEAL & CO., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2223 EIGHTH AVENUE, SOUTH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 40507 NASHVILLE, TN 37204 INSURERS AFFORDING COVERAGE NAIC# INSURED W. L. Hailey & Co., Inc. INSURER A: Zurich American WLH Holding Company, Inc. INSURER B: Westchester Surplus Lines 2971 Kraft Street/Po O. Box 40646 INSURER C: Nashville, TN 37204 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Iii:Dlh TYPE OF INSURANCE POUCY NUMBER POUCY EFFECnvE POUCY EXPIRATION LIMITS GENERAL UABIUTY GL04275885 12/01/2006 12/01/2007 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY !2i"M~~~IO RENTED $ 300,00 - :1 CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 10,00 A X XCU APPLIES PERSONAL & ADV INJURY $ 1,000,00 l-- X CONTRACTURAL LIAB. GENERAL AGGREGATE $ 2,000,00 l-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 ~ POLICY [Xl j~8;: n LOC AUTOMOBILE LIABIUTY BAP4275884 12/01/2006 12/01/2007 COMBINED SINGLE LIMIT - (Ea accident) $ 1,000,00C X ANY AUTO r--- ALL OWNED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) A T HIRED AUTOS BODILY INJURY r--- $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ffiESSlUMBRELLA UABIUTY G22034352002 12/01/2006 12/01/2007 EACH OCCURRENCE $ 25,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $ 25,000,000 B $ R DEDUCTiBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC4275886 12/01/2006 12/01/2007 xl WCSTATU-1 IOJ~- EMPLOYERS' LIABIUTY E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYH $ 1,000,00 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,00 SPECIAL PROVISIONS below OTHER ~~- lfIESCRlPTlON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS - a;... L:.J E: RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS, PROJECT #60112 ~71 ~HE CERTIFICATE HOLDER IS INCLUDED AS ADDL INSURED AS RESPECTS GENERAL ~IABILITY COVERAGE. CH2MHil1 AG.s --.. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...l!!- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUGUSTA-RICHMOND COUNTY COMMISSION BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY 530 GREENE STREE, ROOM 605 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAnvES. AUGUSTA, GA 30911 AUTHORIZEO REPRESENTAnvE ~ Mitchell Johns/RITA @ACORD CORPORATION 1988 CERTIFICATE HOLDER CANCELLATION F ACORD 25 (2001/08) PDF created with pdfFactory trial version www.pdffactorv.com - . JUL-ll:hc!t.1I::l'( IG;~:> HKl. /""uto(l.MH::> I NU r.ItJC.,.t;J~ r TO: FROM: DATE: SUB]: gsm~,,~ fg~~~ ADDENDUM All Bidders Geri A. Sams July 18.2007 ADDENDUM #1 Bid Item #07-139 Rae's Creek Sewer Improvement Phase 4 & 5 for Augusta Utilities New Bid Date: Monday, August 6, 2007 kltrM This flU is to TWtify all potential bidJUrs that the bid opening date Jor BID ITEM #07-139 Rae's Creek Sewer Improvement Phase 4 & 5 Iuzs been changed From: Wednesday, July 25,2007 @ 3:00 p.m. To: Monday, August 6, 2007 @ 3:00 p.m. This addendum is applicable only to persons that attended the Mandatory Pre-Bid Conference and acquired an omcial set of plans and specifications from Augusta Blue Print. Please acknowledge receipt of addendum in your bid pa~ge. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. cc: Tameka Allen Mall Hicks Wes Byne Jim Rush Interim Deputy Administrator Director, Utilities DeparlInenl UtiHties Depanmem CH2M Hill tloolll 60S - 530 GnaleStnet, A1Ipm, GeorP 309U (706) 821-2422 - 'a ('106) 821-28n WWIlt.DUO'llllta- - ......t-"--'---I___for__.bklll~ TOTAL P.02 ~ ~(1#87JU7Jlt Y../Ftpanmenb E16:' fGtII'i ~a,m.J, YF'~ ADDEIVDUM \J U L ,'3 1 2DD.7 c>SC>Cc-C> D ..J~ .e.---'.e 7- 1..7 -07 ::rE:.T' TO: FROM: All Bidders Geri A. Sams fILE COP'! DATE: July 27. 2007 SUBJ: ADDKNDUI\1 #2 Bid Item #07 -139 Rae's Creek Sewer Improvement Phase 4 & 5 for Augusta Utilities New Bid Date: Monday, August 13, 2007 @ 3:00 p.m, This fax is to notify all potential bidders that the bid opening date for BID ITEM #07-139 Rae's Creek Sewer Improvement Phase 4 & 5 has been changed From: I\1onday, August 6,2007 @ 3:00 p.m. To: Monday, August 13, 2007 @ 3:00 p.m. This addendum is applicable only to persons that attended the MandatQry Pre-Bid Conference and acquired an official set of plans and specifications from Augusta Blue Print. Please acknowledge receipt of addendUlu in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. cc:. . Tameka Allen Max Hicks Wes Byne Jim Rush Interim Deputy Administrator 'Director, Utilities Department Utilities Department CH2M Hill Room 605 - 530 Greene Street, Augusta, Georgia 30911 (706) 821-2422 - Fax (706) 821-2811 www,aurosta~a.20v Register at www.demandRtar.com/su~plier for automatic bid notification ~ fjO'~(wmne1lt {j}J'tpzmnen.t 8<<:' [GfHli r;/amd' YJJl~ A"JI-: / l- '.....k '- :;, 2007 C)O 5 C>~- [) ---- ;)~ ADDENDUM TO: FROM: DATE: SUBJ: All Bidders Geri A. Sams {{f\~~\ August 3,2007 ADDENDUM #3 Bid Item #07-139 Rae's Creek Sewer Improvement Phase 4 &5 for Augusta Utilities New Bid Date: Monday, August 13,2007 @ 3:00 p.m. This addendum is applicable only to persons that attended the Mandatory Pre-Bid Conference and acquired an official set of plans and specifications from Augusta Blue Print. You should acknowledge receipt of: Addendum One - Changing the Bid Opening, Date Addendum Two - Changing the Bid Opening Date Addendum Three - Clarifications and changes to the specifications Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. cc: Tameka Allen Max Hicks Wes Byne Jim Rush Interim Deputy Administrator Director, Utilities Department Utilities Department CH2M Hill Room 605 - 530 Greene S1reet, Augusta, Georgia 30911 (706) 821-2422 - Fax (706) 821-2811 www.aurosta~a.~ov Register at www demandstar com IsupJllier for automatic bid notification CONTRACT DOCUMrnNTS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the above-named Bid Package. The following items are issued to add to, modify, and clarify the Bidding and Contract Documents. These items shall have full force and effect as the Bidding and Contract Documents, and costs involved shall be included in the bid prices. Bids to be submitted by the specified bid due date shall conform to the additions and revisions listed herein. Acknowledge receipt of this addendum by inserting its number and date in the Proposal Section as requested. STANDARD BID SCHEDULE: Page 4: REPLACE the NOTE TO BIDDERS with the enclosed four pages titled SANITARY SEWER PROJECT - MEASUREMENT AND PAYMENT (see Attachment 4). And DELETE ALL measurement and payment paragraphs from the SPECIFICATIONS. AGREEMENT: Page A-I! Article II, third paragraph: REPLACE "two hundred and fifty ($250.00" with One Thousand ($1000.00) SUPPLEMENTARY CONDITIONS SC-19: ADD the attached location map, and Additional Boring Report after the boring logs (see Attachment 3). ADD SC-24 MASTER'S EVENT RESTRICTION Should the construction time reach April 2, 2008, the Contractor shall cease operations from April 2, 2008 through April 16, 2008. The Contractor will not be entitled to a time extension for the stoppage of work, nor be entitled to any additional compensation to accommodate this stoppage. ADD SC-25 NOISE CONTROL Bypass pumping is necessary for the project. Bypass pumping MUST be achieved using cabinet pumps. ADD SC-26 A V AlLABILITY AND CONDITIONS OF LAND USE See ATI ACHMENT 2 to this Addendum. SPECIFICATIONS SECTION T6 GRAVITY SEWER: APPLICABLE SPECIFICATIONS: ADD: · ASTM C 1244-05A Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure (Vacuum) Test Prior to Backfill. · UNI-BELL PVC PIPE ASSOCIATION UNI-B-6-98 Recommended Practice for low- pressure air testing of installed sewer pipe. Integrity of Installed Sewer DELETE: /I either an infiltration test, an exfiltration test, or" ANSWERS TO BIDDERS QUESTIONS Low-Pressure Air Test: REPLACE Paragraph with "In accordance with Uni-Bell pve Pipe Association UNI-B-6-98, or latest edition. MANHOLES: ADD: Field Test Manholes shall be field tested in accordance Vlrith ASTM C 1244-05 The answers to Bidder's questions are included with this Addendum as Attachment 1. Answers to Bidder's questions are for reference only and are not intended to be relied upon as a condition of the contract, unless they are specifically answered by reference to statements within the Contract Documents or issued as an Addendum item. List of Attachments: Attachment 1 - Questions and Answers (for reference only) Attachment 2 - Project Easement Conditions' Attachment 3 - Soil Boring Information Attachment 4 - Measurement and Payment Section ATTACHMENT 1 Answers to Bidders Questions Rae's Creek Sanitary Trunk Sewer Improvements The following questions and applicable answers are supplied for information only. Ql. Where is the access point for Manholes 35-39? What are the restrictions, if any? Al. See Drawing 9. Access is available from Tanglewood Drive along existing sanitary sewer easement. Coordinate with property owners prior to obtaining access. Q2. Are all the big trees on Camellia to be removed? A2. No only the trees necessary for construction purposes should be removed. Q3. What needs to be replaced on Camellia on the side of the road? A3. See SC 18. Q4. Can DR25 C905 green pipe be approved as an equal to SDR26 sewer pipe in the 3~-inch size. A4.No. ATTACHMENT 2 Project Easement Conditions Rae's Creek Sanitary Trunk Sewer Improvements N I- Z u.J ~ J: () <( l- I- <( Ql Ol III a. cO "Q .2:' Ql 13 ID a; 2 c. Q. ii) 0 c C. E 0 0 u 0 ci. C> Ol f- .E c 0 ";:: <C C. (I) ::> "0 .'!i "0 Q) ni Ol l: .D 2 (J) ;:: :8 "w "0 :; "w E >- c .~ c 2 (;) Q) 1:: 0 :c 0 ~ '6 c :c Q) (/) 'E 0 l: (/) 0 C. 0> 0> 0 ~ "- OJ c. e ~ ,g (l ~ Q) 0 ii) C. 0> 0 "0 OJ Q) '5 'iij '5 <: "x en c OJ .2 > .!!! 6 f- .!!l OJ (j Ql '6 <ll C "0 "0 0> "" 'E z c ~ c .... 0> C. Ql 0> ..0 ~ (/) W III "m Q) c ci> c.. c Q) E :2: ii) -0 'E :;: "0 ~ (I) :;: ~ <: ,g Ql :2: 'E Q) 0 :c '5 Ci 0 "ra :c (/) Q) Q) ,g >- .?;> g .r:; 5 0 0 Q) E u a:; ,g 0 l: 0 C. ~ :s Q) .~ 0 Ql <ll .Q al (/) "E al :0 Q) (/) 'to (/) l: ..!!! 0 ID 0> "0 It! ::> C. > Q) It! Gl > 11l OJ Q) Ql (J) .~ U .J:: c.. .~ "m a. c It! -" OJ Q) U U .. ~ ~ :;: c ~ c '5 '0 It! ii: '0 'm ~ c l: .2 .8 0 E ~ e c t) Gl >- 13 -0 Q) "iij E 0> 1:: 'E Q) Q) :;: "x ~ ~ It! ~ 0> :; It! E Q) Q) ~ >- Ql :;: 'E 'E Gl :;: C. Q) Q) It! 'E c c (I) c: c u II) 0 0 Q) It! Q) It! Q) "iij 0 III Q) 0 0 0 III Q) 0 0 z Z ....J U5 0: Ci5 to :2: 0 W to 0: z z > !Xl 0 U5 "0"0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b5"~ c c c c c c c c c c c: c c c ci..... (/) (J) (J) (J) (/) (/) (/) (/) (/) (/) VI (J) (J) (J) E C Q) _E Q) Ql Q) Ql Q) ~ Q) Q) 0> 0> Q) 0> Q) Q) >- >- >- >- >- >- >- >- >- >- >- >- >- f-W E'E (/) 0 0 (J) (/) (J) (J) (/) (J) (/) (J) 0 (/) (J) .... E Q) C C Q) Q) Q) Q) 0> 0> Ql Q) C 0> ~ Q) - >- >- >- >- >- >- >- >- >- >- o...w ci:J 0 l!> <0 ..... 0 ~ <0 C\J <Xl <Xl <Xl 00 0 co l!> ..... 'Ii: 00 c;; '<t C\l '<t '<t '<t '<t '<t <0 ..... N m 0 ..... C\l ..... ..... ..... ..... ..... <0 l!> cp l!> W 00 co C\l '<t '<t '<t '<t '<t '<t r:. r:. ..t z cD r:. ~ eX, cD cD cD cD cD <0 ('") C') ('") co 0 ('") C') ('") ('") ('") C') C') C') C') ..... ..... ..... C') :r: ..... ..... ";- ..... ..... ..... ..... ..... ..... cD cD to cD 0... cD cD co cb cD cb cD cb cb 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... e- e- e- e- ci. c5 C 0 - 0 0 0 0 0 .s ~ c: 0 0 0 0 U c5 c:- It! W :E .... "E 'E C 'E 'E 'E E 0 :2 OJ ...., ~ Ql 1$ III Z 'c 0 Q) Q) Q) 0> 0> u) (J) OJ ;:; ~ C E E E E E ;:: "!!? C 0 ~ 0 c. a. a. a. a. g U; 'E 0 () :2: a:; :2: ,!{1 0 0 0 0 0 It! c: :2: "0 Q) ia en >- a:; a:; a:; a:; a:; CJ 0 Q) u: :i :r: () () () () u 0 ~ Lt C "0 Q) Q) Q) 0> Q) "0 (/) C en 0 C Cl Cl Cl Cl Cl C c: 1:: It! ..2 0 "0 ..!!! ..!!! ~ Q) OJ ia ~ 0 0 0 U u :9 :r: 0 "0 ~ f- f- f- f- "0 ia ~ a:; .J:: :2: 0... CJ :r: <( <( <C <( a:: CJ :r: 0 en en Q) 'Q) Q) Q) Q) W c: > () > c: .~ > 0 (S It! C5 Cl 0 ;5 "Cii c: c: Cl C Q) C Q) "0 C "0 <C Q) 0 > 0 x 0 0 0 > 0 0 >- 'C "0 'C ;5 "0 5 "0 "0 W :;: '6> :;: t'Il III t'Il Q) Ql f- 0 Ql III >- Q) C Q) 0 0 ~ Q) :c 0 :c a:: a:: c: a:: .~ C l1l C, "c c, Q) E 0 a:: E 3: W ~ :J C3 0 "0 c C C 0.. 03 ID CT ~ Q) C ~ t'Il ::> It! 0 a:; a:; a:; "c a:; a:; :c 0 c: f- Cl f- (J) .8 c: Q) E .Q) ,:e E E co E -" co r:: 0 I[) .J:: J::. 0 () 0 ro ('") ..... 0.. 3: 11l 3: It! t'Il t'Il C\l ~ It! C\l 3: ('") '<t ('") u :2: ~ ~ C') ...., C') C') C') C') 0 0 0 9 0 0 0 0 0 0 9 0 0 9 6 6 6 6 6 6 6 6 6 0 6 6 0 0 0 0 0 0 9 0 0 0 9 0 0 0 Z J, N J, cb 6 ~ eX, en 6 N to 6 J, 0 0 '<t C') C\J C\J N C\J C') C') C') N ~ 0 a:: 0 0 0 ~ ~ ~ ~ ~ 9 ~ ~ 0 6 ~ ..t ,. ,. ,. ,. -1' ,. ,. , ~ <? ~ ..t ..t ..t N , N ~ ~ ~ ~ :;;: ~ C\J C\J C\J C') C'l C'l C') C'l C') C') C') C'l ..... o o ~ ~ (/) 'E Q) E Q) (/) l'll 0> ni '5 () ~ Q) (3 (J) c ,g '6 C o o 'E Q) E Q) (J) <ll W '<t Q) (J) ro .J:: 0... "" Q) Q) o (J) 'Ql ro a:: ATTACHMENT 3 Soil Boring Information Rae's Creek Sanitary Trunk Sewer Improvements ~ ~ ... I' III . .... I' III TESTING AND ENGINEERING COMPANY, INC. S"4~ Z; "" -::r- -:s~ 1X"'-J> / csra c. .~~. \. -: James M. Pope, P.E. 1005 Emmett Street . Suite A . Augusta. GA 30904 . (706) 733-6960 I" ,Transmittal. Co~er Sh~tl' Rae.s Creek Sanitary Trunk SeWer AU911sta-Richmond<:;ounty, G~rgia.. Date: May 6, 2007 Report No.: 8-035.07 Jorge Jiminez, P.E. ZEL Engineers 435 T elfai!- Street Augusta, Georgia 30901 Mike Pope . CSRATesting and Engineering CO;,lnc. 1005 EmmettStreet,$uiteA . Augusta, Georgia 30904' III Information 0 Approval 0 Revision 0 Other Mail Please find additional soil borings at the Raes Creek Sanitary Trunk Sewer Line (proposed). Please do not hesitate to contact me if you have any questions. I~! 1.\ n " 0< ... <> ~ ~!~Ini: '" 0 :-e ~i :;.~ bl ~~ <r;~j2 ~- _ w~ ~~ ~:l: 5'" .l: ~ 1Il ~:! a::S ~ ~ ::> " W . i v1~ => 5~ ~Ok--:l 0<( ." ~~~ "- ~~ O' 0 "'S l/) ~ ~ e: ~ ~ 13 III r.: .::& ; :.. 1 ! N \ I ~ \1 i ~ ~~--.~ ~ ~& t ~t it . ~ fi' ~! ~K -.,- d .....~ ~ ~I~ ~~ r 1 I 1 ! . ~ ~~ ~ ....' l~\~ i;~ \ \lA i~~~ \''''.60' R/W . " TA ,v"ON ~RO"",, .__ ~ ..S' . _:...~C~ ~;.~___ bi!ii ~_c ,~.~V. \\ . ,,' ," lim~ =':.,",)'~, ,,', ' --::.1----- -.' -:---., t n C' '" ..)- v-. '.c '-f\ ~ ,<;'> 00 oJ :q ': (f) co ... 9 gs>-5 '+ ~~ W a:::::'i "'t ;:1012 C> ~~w'" i:!:~ <~~;;;S~=e- t;;ln~-J(/J~...:e G ~~ ffi~ => 6., ~o < I:l'" <Ilo ~ ~~ ;t ::> '" t i= <<: C3 tii ';:r N ...:I' 'I ll- I i ~' ! . r ~ , ~ . ~ a ~ ~I~~ G: k!! ~ ~~ "- , . ' I :1 I Zl~ <(' 1q s . ~ ~ ~ . ~ ~ ~ ~ I I I I I I I I I I ~ e,! . ~ , . N-3 .. ,. " I I , I , ~ ! ~ . ~ , . -:il . ~ i . ~ . \' I I ,I iT' I i -- ~ 02'l . c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET I SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer B-1 BORING NO. LOCATION Augusta. Georgia April 13. 2007 DATE DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE{N) UNIFIED . PERCENT CLASS. MOISTURE Dark Brown Sandy Clay Reddish.. Tan Sandy Clayey Silt Tan and Gray Sandy Silt Boring Terminated at 15 feet. 40' N Value is number of blows of 140 pound hammer required to drive 2" split-lube sampler one fool after seated. 4'. WATER TABLE csra TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer BORING NO. B-2 LOCATION AUQusta. GeorQia DATE April 13, 2007 DEPTH FEET PERCENT MOISTURE VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIEO CLASS. Dark Brown Clayey Sand Gray Sandy Clay 10' Gray ahd Tan Sandy Silt Boring Terminated at 15 feet. 30' 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated, 6' WATER TA8LE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer BORING NO. B-3 LOCATION AUQusta. Georgia DATE DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE . Brown and Tan. Clayey Sand Brownish-Tan Sandy Clay 5' 10' . Gray Sandy Silt Boring Terminated at 15 feet. Top 1 " is Asphalt. 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. 5' WATER TABLE csra TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733.6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer BORING NO. 8-4 LOCATION. Augusta. Georgia DATE April 13. 2007 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED CLASS. PERCENT MOISTURE .6" . Concrete Brownish7Tan Sandy Clay Tan Sandy Clay Reddish-Brown Sandy Silt Tan and Purple Sandy Silt 80ring Terminated 25 feet. Top 1" is Asphalt. 35' 40' N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. 14' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET I SUITE A AUGUST A, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer BORING NO. B~5 LOCATION Augusta. Georgia DePTH FEET DATE Aoril 13. 2007 VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. Brown Silty Sand Brownish-Tan Sandy Clay 5' T an Sandy Silt 10' Gray and T an Sandy Silt 15' Boring Terminated 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. 9' WATER TABLE PERCENT MOISTURE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET 1 SUITE A AUGUST A, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sanitary Trunk Sewer BORING NO. 8-6 LOCATION Auausta, Georgia DEPTH FEET DATE April 13. 2007 VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. Brown Silty Sand Tan Sandy Clay 5' 10' .. . Gray and Green Sandy Silt 15' Boring Terminated 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. 10' WATER TABLE PERCENT MOISTURE A TT ACHMENT 4 Measurement and Payment Section Rae's Creek Sanitary Trunk Sewer Improvements AUGUSTA UTILITIES DEPARTMENT SANITARY SEWER PROJECT. MEASUREMENT AND PAYMENT SANITARY SEWER REVISED MARCH 19, 2004 ITEMS S-lA through S-161 - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, low pressure air testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection, if required, shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. ITEM S-17 - Jack and bore line items shall be measured in linear feet and shaUinclude costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM S-18 - Select backfill shall be measured in cubic yards for both Types I and II and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in-place" volume. The standard trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM S-19 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. ITEMS S-20A through S-20F and S-23 - Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/ or other connections, installation, normal backfill, and vacuum testing as specifit:~d. Manhole vacuum testing shall irlclude all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A through S-21F, S-22A through S-22F, S-24 through S-25 - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. 60112 SAN SEWER MEASURE PMT 04 03 19.DOC 10F1 60112 SAN SEWER MEASURE PMT 04 0319.DOC 2 OF 2 REVISED MARCH 19, 2004 ITEMS S-26A through 5-26F - Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEMS S-27 A through S-27F - Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM 5-28 - Outside drop piping shall be measured individually (each) and shall include the costs for all items associated with the drop manhole detail, exclusive of the manhole or manhole extensions. No additional payment shall be made for these items. ITEM 5-29 - Dog house/ connector manholes shall be measured individually (each) and shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and boots, grouting and / or other connections, installation, and normal backfill. The costs for the base section, first riser, cone section, and ring and cover shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item. No additional payment shall be made for these items. ITEM S-30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphaltj concrete cutting (including service markings), installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-31- Cut and p!ug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-32 - Cut and plug manholes shall be measured individually (each) and shall include costs for cutting of existing manholes, plugging of existing manholes, excavation, dewatering, asphaltj concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-33 - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/ coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM 5-34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM 5-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. ITEM 5-36 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. 11 REVISED MARCH 19.2004 PAVEMENT STRUCTURES ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P-2 - Aggregate base (10 W' thick) and asphalt patch (2112" thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 21/2 II graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a levet"road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall . include costs for asphalt, installation, and site preparation, including necessary subgrade preparation, base removal, and base installation. Existing asphalt shall be removed to.the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P-8 - Curb and/ or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs, No additional payment shall be made for these items. ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, form work, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. MISCELLANEOUS ITEM M-l - Plowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. 60112 SAN SEWER MEASURE PMT 04 03 19.DOC 30F3 REVISED MARCH 19,2004 ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M-5 - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for sanitary sewer installation. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM L5-1 - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. 60112 SAN SEWER MEASURE PMT 04 03 19.DOC 40F4 INDEX INSTRUCTION TO BIDDERS PROPOSAL BID SCHEDULE BID BOND NOTICE OF AWARD AGREEMENT PAYMENT BOND PERFORMANCE BOND NOTICE TO PROCEED CONTRACT CHANGE ORDER GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TECHNICAL SPECIFICATIONS SECTION Tl T2 T3 T5 T6 T7 T20 LIST OF DRAWINGS COVER SHEET 1 2 3 4 5 6 7 8 9 10 11 12 TITLE Site Work Excavation, Filling and Backfilling Concrete Underground Crossings of Highways Gravity Sewer Grassing Asphalt Pavement LOCATION MAP AND DRAWING LIST SEWER LINE STA 0+00 TO STA 10+00 SEWER LINE STA 10+00 TO STA 19+00 SEWER LINE STA 19+00 TO STA 31+00 SEWER LINE STA 3l+00 TO STA 39+00 SEWER LINE STA 39+00.00 TO STA 50.00 SEWER LINE STA 50.00 TO STA 62.00 SEWER LINE STA 62.00 TO STA 74+78.96 SEWER LINE STA 75.00 TO STA 84.00 SEWER LINE STA 84.00 TO STA 92+47.58 MISCELLANEOUS DETAILS EROSION AND SEDIMENT CONTROL INDEX SECTION IND INDEX 0506-00 IND. doe 'ZEL, ENGINEERS, IND-l \ Co37~ Sealed bids will be received at this office until 3:00 p,m. on Wednesday, July 25, 2007 Bid #07-139 Raes Creek Sewer Improvement Phase 4 & 5 for Augusta Utilities BID's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 Bidding documents may be examined at the following locations: Office of the Owner; Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Augusta Blue Print. Th~ fees for the plans and specifications which are non-refundable is $150.00 Documents may also be examined during regular bUsiness hours at F. W. Dodge Room, 1281 Broad Street, Augusta, GA 30901 and Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904. It is the wish of the Owner that all businesses are given the oppoliunity to submit on this project. To facilitate this policy; the Owner is providing the opportunity to view plans online (www.aue:ustablue.com) at no charge through Augusta Blue Print (706-722-6488) beginning Thursday, June 14, 2007. Bidders are cautioned that submitting a package without review or procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid c.onference will be held on Friday, July 6, 2007 at 10:00 am in Room 605 of the Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mailor hand delivered. The last day to submit questions is Wednesday, July 11,2007 by 4:00 p.m. No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. c=Bia.aerswill~pleas7.note"th~the.number.of copies-reguested;.all:5,Ilpp.onmg.:..<tgcuzr.tents-includingJW,'ahcial"';"'" stat~mentS"'aild-r~ferences"anQ such other-attiiChments"tb'at may!:ie required bythe15ii:lare~niaterial.c'onditio11S- <i&-r~Ba~R.age._l\ny bi'apaCl<:age found:incompleteor-siiomitted~late shall be rejected by the PrOCurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark BID number on the outside of the envelope. Im'jtation To Bid GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus June 14,21,28, July 5, 2007 June 21, 2007 cc: Tameka Allen Max. Hicks Wes Byne Interim Deputy Administrator Augusta Utilities Augusta Utilities ~ .-\ CONFLICT aF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorized as per a.C.G.A. 36-1-14, or the procurement contract is awarded pursuant to a.c.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said'restrictions by a.c.G.A. 45-10-25; . (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or fmancial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. I, (vendor) Andrew C. Swank have read and understand. the information contained in the bid specifications, Vendor Name: W.L. Hailey & Comp~ny, Inc. Address: 2971 Kraft Drive City.& State: Nashville, TN 37204 1 Fax # ( 61~ 256-1316 Date: 8/13/07 drew C. Swank, Vice President Pre-Construction Bid Item Number and Name: 1107-139 Rae!'; Creek Sewer lm:provement Phase 4 & 5 THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTlON(S) WILL BE GRANTED T~13Mu~oa OIS JAJ::JF140 tnhQsul8 siauQuA v ~......----- 2 *1e8 SECTION IB INSTRUCTION TO BIDDERS IB-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA30911 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary there()f who will affix the corporate seal to the proposal. IB-1 SECTION P PROPOSAL DATE: 8/13/07 Gentlemen: In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and perform all work for the project referred to herein as: RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS, PROTECT 6()112 In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid . schedule attached hereto and totaling: ./ ~ II t, - _1,-_ -- - - --:-fitA ---fA- -- - . -- ..--y - - - -- - ~.... L _~ tJ,,-Av"rjlQ.i--'"..k1 V.~-WlM.;V~.~- -. - - 'lJ,)~--~/VG\-I/I~~J /(i..,\ .~':'7.tY and. ---:~~ hOO-dollars (2/~/if #1,-. J~-_l The und~signed hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees r~uired by the contract documents. . The undersigned hereby agrees that, if awarded the contract, he will commence the work within Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work within ONE HUNDRED .EIGHTY (180) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date 1/1 7/18/07 112 .7/27/07 113 8/3/07 Enclosed is a bid guarantee consisting of Bid Bond in the amountof Ten Percent of Amount Bid------------------~---------~------ Respectfully Submitted, W.L. Hailey & Company, Inc. 2971 Kraftirwrive Nashville. TN 37204 B~ Andrew-C. Swank. TITLE:Vice President Pre-Construction 0506-00 PROPOSAL.OOC PAGE 1 OF 1 ~'0GUS~<'I ~~ .,. - 4" . \ -~~1'!"" . ) , .L:-.<:_ t. ~ 1 \ ~:..-. .,~~ .'. , / .-~ ., ~/ "--- ..._'---_.- ..- ~;~ RE'!ISEC AUGUST O. 200~ AUGUSTA UTILITIES DEPARTMENT - PROJECT SAN.IT ARY SEWER STANDARD BID SCHEDULE SANITARY SEWER S-1G 24" diameter PVC sanitary sewer pipe SDR 26, Depth 0' to 1,154 LF 9o~' 6', including Type II (No. 67 stone) bedding material 12-' S-11 30~ diameter PVC sanitary sewer pipe SDR 26, Depth 0' to 1,641 LF /;CP ~i)~ 6', incluejing Type II (No. 67 stone) bedding material Z.l~j?' - S-2A 8" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 10 LF 75'0 ~st/b /J 8', inCluding Type II (No. 67 stone) bedding material " S-28 J 0" diameter PVC sanitary sewer pipe SDR 35, Depth 6' to 75 LF ('{'~ <f / l.-~6~ 8', including Type II (No. 67 stone) bedding material. S-2G 24" diameter PVC sanitary sewer pipe SDR 26, Depth 6' to 593 LF tjO~ 7' ~ 1rd!9-' 8', inCluding Type II (No. 67 stone) bedding material 5-21 30" diameter PVC sanitary sewer pipe SDR 26, Depth 6' to 1,340 LF IY;~ /~ 2.tJ 8', including Type II (No. 67 stone) bedding material S-38' 10" diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 120 LF ~~ 10', including Type II (No. 67 stone) bedding material '5-30 12. diameter PVC sanitary sewer pipe SDR 35, Depth 8' to 30 LF 12f~ 3; "5'"''' · 10'., inGluding Type II (No. 67 stone) bedding material 5-31 30. dJameter PVC sanitary sewer pipe SDR 26, Depth 8' to 1,136 LF Z z.~~ Z '1'~ (, 10', inclUding Type II (No. 67 stone) bedding material 5-41 30;;'diC\meter PVC sanitary sewer pipe SDR 26; Depth 10' 871 LF to 12', including Type II (No. 67 stone) bedding material . . ..... 5-51 30" diameter PVC sanitary sewer pipe SDR 26, Depth 12' 343 LF 2,.2- to 14', including Type II (No. 67 stone) bedding material '" . S-61 30. diameter PVC sanitary sewer pipe SDR 26, Depth 14' 780 LF to 16', including Type II (No. 67 stone) bedding material S-71 30" diameter PVC sanitary sewer pipe SDR 26, Depth 16' 413 LF to 18', including Type II (No. 67 stone) bedding material 0506-00 ST ANDARO BID SCHEDULE.DOC PAGE 1 OF1 '<~ ...... ~. 0506-00 STANDARD BID SCHEDULE.DOC REVISE" SEpTEMBER 8, 2004 j' ," i, . i. ....,:.'.. :,'... '.: +~~;t;tLJ~,ffsl.~ri1j~i" ;~~~ I I I I S-91 I 3D" diameter ductile iron sanitary sewer pipe Class 250, 335 LF i i I I ! ~01 / tJO; ~~~ I Depth 0' to 6', including Type II (No. 67 stone) bedding I material I 300' 12. J~ S-101 3D" diameter ductile iron sanitary sewer pipe Class 250, 141 LF Depth 6' to 8', including Type II (No. 67 stone) bedding material . I I S-17 Jack and Bore 45" diameter steel casing, Minimum wall 240 LF thickness 0.375 inch, Carrier pipe included, 3D" diameter, I tJDO..! ZtfotJO~ ~~ Ductile iron sanitary sewer pipe, Class 250, restrained joint, end seals I S:"17A Aborted Bore 1 LF I,(;~ I,~ S-18 Select backfill, GA DOT Type I, Class I & II (Sand/Clay) - 2,000 CY ~O~ '0/ 000 !!.. . Measured by in-place volume. S-20~ Pre-cast sanitary manhole, GA DOT STD 1 011A, Type 1, 5 EA I S"'~~ 7~Oo<< !!L ' . Depth O'to 6' (48" Diameter) S-20B Pre-cast sanitary manhole, GA DOT STD 1 011A, Type 1, 34 EA Z."()()~ Depth '0' .to 6' (60" Diameter) {,&:a=-..h S-21A Additional sanitary manhole depth, Type 1, Depth Class 1 13 VF 60e ?W~ . (48" Dia.) S-2.1B Additional sanitary manhole depth, Type 1., Depth Class 1 164 VF .u,o !!- (60" Dia.) ., q ~rt7~ S-26A 48n''Oiameter sanitary manhole exterior joint ~ap 5 EA J~"" /~ S-26B 60" Dia'!leter sanitary manhole exterior joint wrap EA .-.... / t f<<J-- 34 3cxr '< .' - .. , S-30 6" sanitary sewer service, complete 20 EA ., - G(J,c..dJ. In 7-J.AI ~ .,. , S-31 Cut and plug existing sanitary sewer, diameter varies 10 EA !/ot?- I ~- -- ,/ ..va- S-33 Tje new sanitary sewer to existing manholes, diameter 6 EA 1~~f!- ~ 1"~E.. varies , , S-36 ,C,oncrete encasement of sanitarY sewer (creek crossings, "233 CY 21f?S ,~()~ IE'- , . etc.) . " S-37 G,ounterweights for 30" Sanitary Sewer 2,133 LF ~ ,.-e t~ ~~~ t1t- ".' . ., , 20F2 PAVEMENT STRUCTURES P-1 Asphalt overlay, type F, 1 W' thick. minimum P-2 Graded aggregate base, 10 % . thick, 7' wide and asphalt patch 2 ~ . thick, including removal of 2 % .. GAB and placement of bituminous tack coat P-8 6" concrete curb and/or gutter placement (as appropriate and necessary) MISCELLANEOUS M-3 Rock excavation . M-4 Foundation backfill; GA DOT Type II, for additional unclassified excavation . M-5 Clearing and Grubbing . M-7 Select Refill LUMP SUM LS-1 Lump sum construction (includes but is not limited to the listing continued below) Lump Sum Construction · Mobilization, Demobilization · Bonds, Insurance._ · Gabion Retaining Walls . · Remove and reset fences, All types · Remove and reset gates, All types . · Remove and reset storm sewer, Lengths & sizes vary · X. <material> drain pipe .. Remove and reconnect water services, complete · Reconnect sanitary sewer services · Reconstruct <material> wall, Height varies 0506-00 STANDARD 810 SCHEDULE.DOC 14,000 3,175 50 ~EVlSc:' Sc?~=Me~~ a 20::)l Sy I rOO I- I i /2~ (~:/}~ I I I ~I . I !,2,& ! ~f. 1~~- i / ! I LF 1208.!!- V ~ILI SY 3,630 CY -oj 3& S~ 10 CY 25~ 2~O~ 5 ACRE .~O I .OS" 10 CY Z ZJj.. 22o~ LS - - ~ ":-,.,1SItj - 2af~ :1 OF3 · Remove and reset signs, Type varies Remove and reset water sprinkler systems, complete · Remove and reset water valve, size varies · Remove and reset yard lamps, Type varies · Remove and reset mailboxes, Type varies · Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion control structures) . Silt fence, Type" A" . . . Silt fence, Type "S" : . Silt fence, Type "C" . Traffic control . Miscella,neous grading . Permanent Grassing · . ,Raise m,anholes and valves boxes to grade "lEVIS,,;) SE?TEMBER o. 200t NOTE TO BIDDERS: FOR A COMPLETE DESCRIPTION OF BID ITEMS REFER TO THE TECHNICAL SPECIFICATIONS. 0506-00 ST ANDAAD BID SCHEDULE.DOC 40F 4 COOPER, TRAVIS & COMPANY, PLC RlCHARD L COOPER, CPA PHiliP T, TRAVIS, CPA HillIOUS D, SUlliVAN, CPA DENNIS A: CHAPPELL, CPA TIMOTI-lY M. COOPER, MA, CPA CERTIFIED PUBliC ACCOlJl'..'TM'TS 3008 POSTON AVENUE NASHVILLE, TENNESSEE 37203 MEMBERS: AMERICAN INSTI1UTE OF CERTIFIED PUBliC ACCOUNTANTS TENNESSEE SOCIETY OF CERTIFIED PUBliC ACCOUNTANTS STATE OF TENNESSEE liCENSE # 264 TELEPHONE 615-329-4500 FACSIMILE 615-329-4569 AUDREY W. McELHINEY, CPA D, MARK COLEMAN, CPA STACI D. LEWIS, CPA Independent Auditors' Report The Board of Directors W. L. Hailey and Company, Inc. and Subsidiary We have audited the accompanying consolidated balance sheets of W. L. Hailey and Company, Ine. (a wholly-owned .subsidiary of WLH Holding Company, Inc.) and subsidiary as of December 31, 2006 and 2005, and the related consolidated statements of income, changes in stockholders' equity, and cash .flows for the years then ended. These consolidated rmancial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these consolidated rmandal statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit ~o obtain reasonable assurance about whether the consolidated financial statements are free ofmateriaI misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated rmanciaI statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the consolidated rmanciaI statements referred to above present fairly, in all material respects, the consolidated financial position of W. L. Hailey and Company,Ine. and subsidiary as of December 31, 2006 and 2005, and the results of their operations and their cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. As discussed in Note 4 to the financial statements, W. L. Hailey and Company, Inc. has recorded a net percentage-of-completion adjustment of approximately $2.8 million and $3.9 million for net underbillings on uncompleted contracts at December 31, 2006 and 2005, respectively. Costs and estimated earnings in excess of J?illings on one contract amounted to approximately $2.8 million of these totals at December 31, 2006 and 2005. ~.I~~Co~ Cooper, Travis & Company, PLC Certified Public Accountants Nashville, Tennessee February 8,2007 W. L. HAILEY AND COMPANY. INC. AND SUBSIDIARY CONSOLIDA TED BALANCE SHEETS DECEMBER 31. 2006 AND 2005 ASSETS Current Assets Cash and cash equivalents - Note l(c) Marketable securities - Note 2 Accounts receivable: Estimates due on contracts - Note 3 Retainage due on contracts - Note 3 Miscellaneous billings and others Federal and state income tax refunds AffIliated companies -Note 8 Inventories - Note l(e) Costs and estimated earmngs in excess of billings on uncompleted contracts - Notes 1(1) and 4 Note receivable, principal due within one year - Note 5 Prepaid expenses Total current assets 2006 2005 $ 1,857,568 $ 1,033,716 1,101,031 10,179,180 11,356,557 4,837,077 4,135,162 26,372 81,431 . . 76,544 759,268 . 367,656 462,574 4,845,040 4,885,075 67,000 48,670 175,405 21,937,451 24,357,875 Investments and Other Assets Note receivable, principal due after one year - Note 5 Cash surrender value of life insurance, net of policy loans of $54,231 and $896,806, respectively Total investments and other assets 258,508 1,314,144 1,572,652 313,209 313,209 Propertv and Equipment - Notes 1(h), 6 and 7 Operating equipment Office equipment Total property and equipment, at cost Less: accumulated depreciation Total property and equipment, net 15,958,166 727,039 16,685,205 (12,568,888) 4,116,317 20,547,094 844,678 21,391,772 (14,424,115) 6,967,657 Total assets $ 27,626,420 $ 31,638,741 See accompanying notes to consolidated financial statements. LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities Short-term debt, bank line-of-credit - Note 7 Long-term debt, principal due within one year - Note 7 Accounts payable: Material suppliers and others Estimates due subcontractors Retainage due subcontractors and suppliers Affiliated companies - Note 8 Billings in excess of costs and estimated earnings on uncompleted contracts - Notes 1(1) and 4 Accrued job costs and expenses Accrued and withheld taxes Accrued interest Federal and state income taxes payable Total current liabilities Non-Current Liabilities Long-term debt, principal due after one year - Note 7 Deferred income taxes - Notes l(i) and 10 Minority interest in subsidiary Total non-current liabilities Total liabilities Stockholder's EQuitv Class D Preferred stock, $10 par value; 500,000 shares authorized; 271,950 shares issued Common stock, $1 par value; 4,900,000 shares authorized; 1,620,000 shares issued Retained earnings Accumulated other comprehensive income: Net unrealized gain on cash equivalents and marketable securities - Note 2 Less: treasury stock, at cost Total stockholder's equity Total liabilities and stockholder's equity 2006 2005 $ 5,496,259 1,197,094 3,841,618 2,836,900 1,296,203 900,045 970,975 1,203,050 41,117 59,925 17 ,843,186 2,319,755 855,516 33,217 3,208,488 21,051,674 $ 1,148,585 2,668,967 1,593,956 1,098,799 2,045,435 2,032,239 836,544 20,997 28,832 184,873 11,659,227 4,121,372 455,425 4,576,797 16,236,024 2,719,500 2,719,500 1,620,000 1,620,000 12,720,137 11,508,826 180,346 (5,669,241) (5,441,605) 11,390,396 10,587,067 $ 27,626,420 $ 31,638,741 W. L. HAILEY AND COMPAl'.ry. INC. AND SUBSIDIARY CONSOLIDA TED STATEMENTS OF INCOME YEARS ENDED DECEMBER 31. 2006 AND 2005 2006 2005 Revenues earned $ 74,544,670 $ 94,456,511 Cost of revenues earned 66,862,348 91,915,089 Gross profit 7,682,322 2,541,422 General and administrative expenses 6,127,667 5,675,837 Income (loss) from operations 1,554,655 (3,134,415) Other income 1,686,246 1,305,826 Other expenses 1,138,041 571,692 Income (loss) before income taxes benefit 2,102,860 (2,400,281) Federal and state income taxes (benefit): Current 1,070,959 (506,695) Deferred (288,190) (418,589) 782,769 (925,284) Net income (loss) 1,320,091 (1,474,997) Other comprehensive income (loss): Unrealized loss on cash equivalents and marketable securities, net of deferred tax benefit (180,346) (11,235) Total comprehensive income (loss) $ 1,139,745 $ (1,486,232) See accompanying notes to consolidated financial statements. -3- EQUIPMENT LIS T ~~ r~r. ~~.. :~~ i:~;. ~.' ~ Equipment list" .. - ;...- ;..~ - ... :.. 'In tOdays equipment rental market, virtually any equipment required is available to rent. At any date, our fleet may include an equal or greater number of pieces on rent, in addition to these owned pieces shown, EquIpment Classification Model QTY Excavators Air Compressors Caterpillar 5CY 375 L 1 EA Sullivan 900 CFM 1 EA Caterpillar 1 CY 314 C 1 EA Ingersoll-Rand 750 CFM 1 EA Komatsu 3CY PC 400 2EA Ingersoll-Rand 600 CFM 2EA Komatsu 3CY PC 300 3EA Ingersoll-Rand 185 CFM 11 EA Komatsu 1 CY PC 228 1 EA Ingersoll-Rand Electric 3EA Komatsu 1 CY PC 128 1 EA Rock Drills Mini-Excavators Ingersoll-Rand ECM 350 2EA Volvo ECR 88 1 EA Volvo EC 35 2EA Marine Equipment Volvo EC 25 1 EA 140' X 50' Crane Barge 1 EA 10' X 40' Pontoons 31 EA BackhoelLoader Truckable Tug Boats 2EA Case 590 SM 1 EA Case 580 SM 1 EA Pile Driving Hammers Caterpillar 420 D 3EA Vulcan NO.1 1 EA John Deere 310 SG 1 EA I.C.E. 1-30 1 EA I.C.E. 44-50 1 EA Wheel Loaders MKT Vibratory Hammer 1 EA John Deere 644J 1 EA MKT Vibratory Extractor 1 EA John Deere 624J 1 EA John Deere TC 62 H 1 EA Trucks Volvo L 120 1 EA Moxy Off Road Articulated MT31 1 EA Volvo L 90 4EA 2 Ton Flat Beds Various 11 EA Komatsu WA 320 2EA Pickup Trucks Various 75 EA Skid-Steer Mini Loaders Misc Equipment EA Various Makes Various .13 EA Welders Various 5EA Generators 100KW + Various 7EA Dozers Trench Sheilds Various 45 EA John Deere 750 CL T 1 EA Stone Mizers Various 3 EA Komatsu D 41 1 EA Man Lifts Various 4EA Caterpillar D3 1 EA Case Fork Lift 1 EA Pavement Saw 1 EA Cranes Compactors Various SEA Manitowoc 4000 W 1 EA Broyce Street Broom 1 EA American HC 80 2EA Clam Shell Buckets Various 12 EA Terex RT 160 2EA 150 to 1250 tWA Transformer Various 10 EA Sterling K84 2EA Felco Bedding Conveyor 1 EA Man Lift Baskets Various 6EA Tunnel Equipment Double Drum Winch 1 EA CTS 16' Dia 1 EA Jarva 8.5' Dia 1 EA Lovat 8.5' Dia 1 EA Tunnel Muckers Various 2EA Tunnel Locomotives Various 8EA Tunnel Linear Plant 1 LS Reed Shotcrete Pump 1 EA Original Contract: $10,695,743 Change Orders: $1,626,833 Final Amount: $12,322,576 Contract Time: 600 days Project Start: April 2002 Completion: April 2004 OWNER City of Franklin, TN Water and Sewer Department 405 HiIIsboro Road Franklin, TN 37065 Contact: Mr. Mark Hilty Phone: (615) 794-4554 Fax: (615) 790-1340 ENGINEER Smith Seckman Reid, Inc. 2995 Sidco Drive Nashville, TN 37204 Contact: Mr. Bo Butler, P.E. Phone: (615) 383-1113 Fax: (615) 386-8469 SOUTHEAST INTERCEPTOR SEWER PHASES 1 -3 Franklin, Tennessee PROJECT DESCRIPTION v.~J~ H~f."f 'li'l ~ '" ~ IC i!-~:,~ loi_,;- & ::;;:: ~ F ,G, ~'<j ", '__ This project included the installation of approximately 11,330 LF of 54-inch gravity sewer; 6,036 LF of 48-inch gravity sewer; 240 LF of 36-inch gravity sewer; 9,965 LF of 24-inch gravity sewer; and miscellaneous smaller quantities of smaller diameter pipe. The work also included 93 manholes from 4 feet to 9 feet in diameter, 1,000 LF of 84-inch diameter tunnel on a radius, three (3) creek crossings, four (4) river crossings, five (5) highway crossings, and one (1) rail crossing. In addition, rock excavation, paving, fencing, tie-ins to existing live sewers, general site work, and all usual sewer appurtenances were required for this project. The Southeast Interceptor serves as a deep relief sewer interceptor, relieving various shallow overloaded sewers located in the Harpeth River Drainage Basin through downtown Franklin. The change order amount and extra days reflect changes in the scope of the project by the Owner. NORTH FORK PEACHTREE CREEK RELIEF SEWER Atlanta, Georg ia Original Contract: $11,199.453 Change Orders: $4,628,806 Final Amount: $15,828,260 Contract Date: 09/27/2000 Contract Time: 455 days Actual Completion: 428 days Final Completion: 12/01/2001 OWNER City of Atlanta, GA 2551 Chattahoochee Circle, NW Atlanta, GA 30318 Contact: Mr. George Barnes Phone: (404) 330-6081 ENGINEER HDR/W.L. Jordan Engineers 1908 CliffYalleyWay Suite 200 Atlanta, GA 30329 Phone: (678) 420-5420 Fax: (404) 634-2964 ,;.s..F 11\ Ii...;'!' f!! r r ~"lf.): ~i.~~ ,.-rtt..r..;_..t L ... 6~ ::: 0 ~ ;= J:.. ~"l "ti PROJECT DESCRIPTION The project consisted of the installation of 1 ~ miles of large diameter relief sewer line (78-inch diameter Hobas and reinforced concrete pipe) to convey sanitary sewer flows from the DeKalb County line to the confluence of the North and South Forks of Peachtree Creek. Additionally, this project included driving 500 LF of 8~-foot diameter hard rock tunnel with our Jarva Mk 8 Tunnel Boring Machine (TBM), three inverted siphon crossings at Peachtree Creek, a very complicated and challenging live sewer connection at the low end of the sewer, and bypass pumping of existing sewer flows to accommodate new sewer construction. As this new 78" sewer main replaced an existing 48" sewer main, the project required pump bypassing of 100% of sewer flows over the job duration. The project was built in a very congested urban corridor near downtown Atlanta, making scheduling, safety, and good public relations a high priority. The change order amount reflects extra work added by the Owner. Original Contract: $6,505,000 Change Orders: $604,362 Final Amount: $7,109,362 Contract Time: 540 days Completed: February 2002 OWNER City of Atlanta 2551 Chattahoochee Circle NW Atlanta, GA 30318 Contact: Mr. George Barnes Phone: (404) 330-6081 Fax: (404) 658-6995 ENGINEER Jordan, Jones & Goulding 6801 Governor's Lake Pkwy Atlanta, GA 30071 Contact: Mr. Bradley Lanning Phone: (770) 455-8555 Fax: (770) 455-7391 PEACHTREE CREEK INTERCEPTOR RELIEF SEWER PROJECT Atlanta, Georgia PROJECT DESCRIPTION t.f,~ It: 1'H ~"'i .. Wlf~~~ . Il:Jj,~!_t Q_ ;0 M;:.~ ~'.:"1' The project consists of constructing approximately 7,500 LF of 54-inch sewer in up to 20-foot cuts; 1,650 LF of 72-inch TBM tunnel lined with 54- inch DIP; junction boxes; live sewer connections; rock blasting; and two diversion structures. This sewer main was constructed across the Ansley Country Club Golf Course and required extensive cooperation with golf course management. Original Contract: $9,884,900 Change Orders: $0 Final Amount: $9,884,900 Start Date: February 10, 2003 Contract Time: 510 days Completion: May 2004 OWNER Metro Water Services 1600 Second Avenue North Nashville, TN 37208 Contact: Hal Balthrop Phone: (615) 862-4847 Fax: (615) 862-4929 ENGINEER Smith Seckman Reid, Inc. 2995 Sidco Drive Nashville, TN 37204 . Contact: Mr. Frank Smith Phone: (615) 383-1113 Fax: (615) 386-8469 MILL CREEK TRUNK SEWER, PHASE 2 Nashville, Tennessee PROJECT DESCRIPTION l.~FI' LSA~- IWYIi: &.. ~~ g:~: ~ :;O~PAi~"Y".' Flowing for miles through Davidson County, Mill Creek represents the most significant drainage basin in Metropolitan Davidson County. A sanitary. trunk sewer extends along Mill Creek from its lowest to its uppermost reaches, approximately 15 miles upstream. Significant residential growth in the headwaters of Mill Creek had pushed the old interceptor beyond capacity and a series of new parallel relief sewer projects are being constructed at the low end of the system to eliminate overflows. Because this project was built through a densely settled existing neighborhood with limited access and considerable vibration control issues relative to trench rock blasting, Metro placed a very high emphasis on contractor selection for this project. Following an exhaustive Request for Proposal process, W.L. Hailey was selected as the most qualified contractor to build this project. After completing Mill Creek Relief Sewer, Phase 1, W.L. Hailey was contracted to build Phase 2. This project included 12,000 LF of 54" diameter sanitary sewer installed in 20' to 25' deep cuts along the creek. Low vibration controlled blasting was required in. trench excavation throughout this . project. 54" Hobas pipe and precast manholes were installed on all open-cut sewer construction. For pipe installation through several limited access areas, tunnel construction was utilized. This included a 400 LF tunnel bored through rock with our Wirth 68" hard-rock TBM, and a 1,500 LF tunnel bored through rock with our Jarva Mark VIII TBM. Following tunnel boring, 54" Hobas pipe was installed and grouted in place. At four different locations, the new 54" sewer intersects the existing 60" RCP trunk sewer (built by W.L. Hailey in the mid 1960's) at the same invert grade. At these locations, large cast-in-place reinforced concrete junction boxes were constructed. Critical high-capacity sewer bypass pumping was required during construction of these new structures. To exceed the Owner's requirements for good public relations with this project, W.L. Hailey voluntarily condl,lcted an extensive Community Relations program during construction of this project. This program included bi-weekly public information meetings, a bi- weekly newsletter, and a door-to- door community outreach program to assure that all affected . homeowners were kept fully informed at to what was happening, and when, on this project. The campaign was very successful in creating positive community/ contractor/owner relations on this project. RAE'S CREEK TRUNK LINE SEWER REPLACEMENT PHASE II Augusta, Georgia Original Contract: $5,651,231 Change Orders: ($21,209) Final Amount: $5,630,022 Contract Time: 365 days Project Start: 08/01/2004 Project Completion: 08/01/2005 OWNER Augusta Utilities Department 360 Bay Street Suite 180 Augusta, GA 30901 Phone: (706) 312-4132 Fax: (706) 312-4133 Contact: Mr. Doug Cheek, P.E. ENGINEER Cranston, Robertson, & Whitehurst, P,C. 452 Ellis Street Augusta, GA 30903 Phone: (706) 722-1588 Fax: (706) 722-8379 Contact: Mr. Dennis Welch, P.E. iI~E It ~.... m; ~ 1:' i";.~~-' ~~;. ~~I:~~...k k:~.,f_",:,;- , 5t.. ~QM:=j..N\r PROJECT DESCRIPTION The project replaced a deteriorating and undersized 30':inch concrete sewer trunk line with new 54-inch epoxy lined ductile iron pipe. The project consi.sted of over 8,000 feet of gravity sewer line that snaked alongside a lake, crossed several creeks, tunneled beneath roads, and ducked under a six-lane overpass. Because the new line crisscrossed or was laid in the same ditch as the existing line, several 12,000 GPM bypasses were set up to keep the line in operation. The work on this contract also included thirty- . three Tindall T-series Manholes, nine 10' x 12' pre-cast concrete structures, one 10' x 20' pre-cast concrete structure, a 190 LF inverted siphon across Rae's Creek, an 84-inch hand mined tunnel under DOT right of way, over5,500 SF of epoxy manhole lining, and numerous utility relocations. To add to the challenge, the work was in a narrow right-of-way that passed through residential areas and golf courses. The EPA seta strict deadline for the project, and with the help of the owner and engineer, we were not only able to complete the project ahead of schedule but also under budget. ,~,f'?'..t.;I"'.: t. .. L.;: : t-::~~. . Original Contract: $9,050,000 Change Orders: ($7,213) Final Amount: $9,042,787 Contract Time: 400 days Actual Completion: 230 days Completion Date: 09/2000 OWNER Cobb County Water System 680 South Cobb Drive Marietta, GA 30060 Contact Mr. Steve McCullors Phone: (770) 419-6315 Fax: (770) 419-6335 ENGINEER Cobb County Water System 680 South Cobb Drive Marietta, GA 30060 Contact: Mr. Steve McCullors Phone: (770) 419-6315 Fax: (770) 419-6335 LITTLE NOONDAY CREEK INTERCEPTOR Marietta, Georgia \V..L. Hp..f f 5. ;;; 0 1-t P."". :,: ..... PROJECT DESCRIPTION This project consisted of approximately 35,000 LF of large diameter pipe installation in a combination of parallel and same trench replacement construction consisting of approximately 700 LF of 72-inch pipe; 2,900 LF of 54-inch DIP.; 12,500 LF of 42-inch D.I.P.; 1,800 LF of 36-inch D.I.P.; 2,500 LF of 30-inch D.I.P.; 5,900 LF of 24-inch D.I.P.; 8,300 LF of 18-inch D.I.P.; 9 tunnels (340 LF of 60-inch tunnel, 585 LF of 72-inch tunnel, 145 LF of 96-inch tunnel); 9 stream crossings; 140 manholes; repair and re- landscaping of 16 irrigated and illuminated soccer fields and other related appurtenances. The small diameter sewers in the upper reaches of the project were constructed in city streets and yards within residential areas, requiring close cooperation with City officials and proper:tyowners. Traffic control, good public relations, and restoration were key elements of this project. In addition, the project was divided into 14 phases of construction, with stringent work rules relating to the completion of individual stages prior to commencing work in new areas, as well as aggressive interim milestone completion dates. SECTION BB CBID-SOND_ KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, W.L. Hailey & Company, Inc. as Principal, and Fidelity & Deposit Company of Maryland as ' Surety, are hereby held and firmly bound unto Augusta-Richmond County, Georgia (by and through its Commission) as Owner, in the. penal sum of Ten-Percent-of-Amount-Bid--~__________________________--------for the ~ayment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 13th day of August 2007 The condition of the above obligation is such that whereas the Principal has submitted, to the City of Augusta, c;a.:ccer.tain:'Bi:d" attached hereto, and hereby made a part hereof to enter into a contract in writing, for the construction of: RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT 60112 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 '-a1-1' 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 obligation of said Surety and its Bond shall be in no way impaired or affected by any extension of the time wi thin which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. 0506-00 BB. doc BB-1 'ZEL, ENGINEERS I SECTION BB BID BOND 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 day ear ir t set forth above. W.1. Ha e Inc. (L.S. ) Principal Andrew C. Swank, Vice President Pre-Construction Fidelity & Deposit Company of Maryland Surety By <-6.. 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. 'ZEL: ENGINEERS 0506-00 5B. doc BB-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND K..'JOW ALL MEN BY THESE PRESE~'TS: That the FIDELITY AND DEPOSIT CON1PAl'\iY OF MARYLA:NTI, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MliRRA Y, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effi t :re j tDi reof, does hereby nominate, constitute and appoint Eo' J. PENNISI, JR., Deborah S. HUn rn'~ hn A. GOLEY and Elizabeth A. HARTZBERG, all of Nashville, Tennessee, I~ 4 ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as s ,,~ ian' I onds and undertakings, and the execution of such bonds or~dert' 'p ~e ~ 1 as binding upon said Company, as fully and amply, to al~l intents and. ~ Had c~'tfand acknowledged by the regularly elected officers of the Company at ' B~' re ." oper persons. This power of attorney revokes that issued on behalfofE. 1. P ., e , TimJ. BRANDT, John A. GOLEY, dated September 14,2005. ~e said Assistant ~ by c~ that .the extract set forth on the reverse side hereof is a true copy of Article VI, Secnon 2, of the BY-~M~dC~rnpany, and IS now m force. . . IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPAJ.'\fY OF MARYL\ND, this 4th day of May, A.D. 2007. . ATTEST: FJDELITYAND DEPOSIT COMPANY OF MARYLAND ~.I1M~ ~~~~ .~/ State of Maryland } 5S' CiryofBaltimore . On this 4th day of May, A.D. 2007, before the subscnber, a Notary Public of the State of Maryland, duly COmmissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OF MARYlAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authoriry and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affIxed my Official Seal the day and year first above written. By: Gregory E. Murray Assistant Secretary Theodore G. Martinez \\\,UII;I(;-, v,\~~~?}.~l-.~~!~""'....... ~ .,~., t~.\~ "~Jo ~ ~ ~"l.~) i'. .... .Jo~ ~ ...: \ ') ) if~ ~ "~O\ / \t:J I'-;i .~.. d}../'U1'~.<~$ $ J'11,:;nil)W;...,.,t'j~ ".... "'~lttU'\' ~a.O~_ Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 164-4584 I EXTRACT FROM BY-LAWS OF FIDELlTY AND DEPOSIT COMPANY OF MARYLAND "/'uticle \11, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undenaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instnunents in the nature of mortgages,...and to affIx the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certiiicate; and I do further certify that the Vice-President who executed $e said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. . TIlls Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Bo~d of Directors of the FIDELITY .AJ.'ID DEPOSIT COMPANY OF MARYLAJ'./TI at a meeting duly called and held on the 10th day of May, 1990. . RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whet.her made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal ofIhe said Company, this 13th day of August 2007 ~ )J~~ Assistant Secretary NOTICE OF A WARD DATE: 10/18/2007 CONTRACTOR: W.L Hailey & Company, Inc. ATTN: Trent Rozell ADDRESS: 2971 Kraft Drive Nashville City TN State 37204 Zip Code PROJECT: Rae's Creek Trunk Sewer Replacement PROJECT NO: 60112 At a meeting of the Augusta Commission held on 10/17/2007 you were awarded the contract for the above noted project. Enclosed please find six (6) copies of the conformed contract documents for this project. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to the address below within ten (10) calendar days from the date of this letter, excluding Legal Holidays. Very truly yours, Augusta Program Management Team James Rush eceipt of this NOTICE OF AWARD is hereby acknowledged This, the 19th day of October ,2007. W.L. Hailey & Company, Inc. Title: Thomas A. Battan, CEO Please sign and return one copy of this Notice of Award Acknowledgement to: CH2M HILL Attn: Program Management Team 360 Bay Street; Suite 100 Augusta, GA 30901 n..............., ^.,..n...nT~n""I"\"I""'^ ............... Section A Agreement THIS AGREEMENT, made on the _ day of . 20--, by and between AUGUST~ GEORGI~ BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and W. L. Hailey & Company, Inc., party of the second part, hereinafter called the CONlRACTOR. WITNESSElH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The CONlRACTOR 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 TRUNK SEWER IMPROVEMENTS. PROJECT 60112 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement ARTICLE IT - TIME OF COMPLETION /UQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the OWNER to the CONlRACTOR to proceed. All work shall be completed within 180 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the CONlRACTOR 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 CONDffiONS of this contract. CONlRACTOR 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 CONlRACTOR and the OWNER, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the CONlRACTOR does hereby agree, as a part of the consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and no/loos ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONlRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the~ actual damages the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. : . ~ It is further agreed that time is of the essence for each and every portion of this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional fune is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of thi~ contract. . ~ ARTICLE ill - PAYMENT ,I 'I I ~. ~ I (A) The Contract Sum A-I ~ The OWNER shall pay to the CONTRACfOR for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER's Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/ or the Professional. This estimate shall include only the quantities in place and at the unit prices as set forth. in the Bid Schedule. On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous.p~'y:ments made,~p~y~ the CONlRACfOR 90% of t!te ~~.!2f the estimate o~~ts accep~d in.place..."The 10% retained percenbfge.marbe'held~by-the OWNER until th~,final.comple.tion and (accep.tance~of.alLworkunder.the.Contract._. _ ~ ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Professional shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the CONlRACfOR, including the retained percentage, shall be paid to the CONTRACTOR by the OWNER within 15 days after the date of said final certificate. (B) Before final payment is due, the CONlRACTOR shall submit evidence satisfactory to the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled. (0) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the Professional, so certifies, the OWNER shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUGUSTA, GEORGIA A-2 p ~;; . -llff'l ...;;~; \\j '.. { .",:~,jY ~i"'l\\s'~', ;.'~i;:;':.'" I8dn;-'1 Lu ~ Witness (SEAL) O..vBy: ~cfl:-M~ y ~ As its Mayor CONTRACTOR: By: Address: 2971 Kraft Drive Nashville, TN 37204 Inc. .. Bond Number: 8759046 SECTION PFB rPER~E_BONDl KNOW ALL MEN BY THESE PRESENTS: that W. L. Hailey & Company, Inc. (Name of Contractor) 2971 Kraft Drive, Nashville, TN 37204 (Address of Contractor) a (Corporation, Partnership, or Individual) Corporation , hereinafter called Principal, and Fidelity and Deposit Company of Maryland (Name of Surety) 26 Century Blvd., Suite 710 North, Nashville, TN (Address of Surety) 37214 hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called Owner, in the penal sum of Two Million, Five Hundred Ten Thousand, Seven Hundred Ninety Six and 35/100 Dollars $2,510,795.35 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, into a certain contract with the Owner, dated the a copy of which is hereto attached and made construction of: the Principal entered day of a part hereof for the RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT 60112 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 if he 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 in any wise 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. 'ZEL, ENGINEERS 0506-00 PFB.doc PFB-l Bond Number: 8759046 SECTION PFB PERFORMANCE BOND 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) counterparts, each one which shall be deemed an original, this the ~ day of ATTE(? aL W. L. Hailey & Company, Inc. (Principal) :~rY W~~uJM 2971 Kraft Drive Nashville, TN 37204 (Address) 2971 Kraft Drive (Witness) to Principal Fidelity and Deposit Company of Maryland Surety By ~ A. Hartzberg (l~~ (Witness) to Surety 1801 West End Ave., Suite 1500 Nashville, TN 37203 (Address) Marsh USA. Inc. (Address) 1801 West End Ave. Suite. 1500 Nashville. TN 37203 (SEAL) NOTE: Date of Bond must not be prior to date of Contract. Partnership, all partners should execute bond. If Contractor is 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. 'ZEL, EN_GIN.EERS. 0,06-00 PFB. doc PFB-2 Bond Number: 8759046 SECTION PB PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that W. L. Hailey & Company, Inc. (Name of Contractor) 2971 Kraft Drive, Nashville, TN 37204 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and Fidelity and Deposit Company of Maryland (Name of Surety) 26 Century Blvd., Suite 710 North, Nashville, TN (Address of Surety 37214' hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, Georgia, (by and through its commission), Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of Two Million, Five Hundred Ten Thousand, Seven Hundred Ninety Six and 35/100 Dollars $2,510,796.35 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 CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of_, a copy of which is hereto attached and made a part hereof for the construction of: RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT 60112 NOW, THEREFORE, if the principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials 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 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 the work to be performed thereunder or the specifications accompanying the same shall in any wise 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. '---- 'ZEL, ENGINEERS 0506-00 PB,doc PB-1 Bond Number: 8759046 SECTION PB PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in 6 (number of copies) counterparts, each one which shall be deemed an original, this the day of , B~ 2971 Kraft Drive Nashville, TN 37204 (Address) \Jr~ (Addres s ) 2971 Nashville, TN 37204 Fidelity and l{ WITNESS: Lt . Hartzberg Attorney-in-Fact Marsh USA, Inc. 1801 West End Ave., Suite 1500 e., Suite 1500 37203 (Address) Nashville, TN 37203 (SEAL) (Addres s ) 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 transact business in the State where the project is located. 'ZEL, ENGINEERS 0506-00 PB.doc PB-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation ofthe State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, ofth~eY-LaW id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effi t tOi reof, does hereby nominate, constitute and appoint E. J. PENNISI, JR., Deborah S. HUD rriin hn A. GOLEY and Elizabeth A. HARTZBERG, all of Nashville, Tennessee, )~f tt ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as s '" ~ i an: 1 onds and undertakings, and the execution of such bonds or~dertaki . p ~~ ~ 1 as binding upon said Company, as fully and amply, to all intents and ~ nad ;c~and acknowledged by the regularly elected officers of the Company at i B~re ." oper persons. This power of attorney revokes that issued on behalf ofE. J. PE ,., e , Tim J. BRANDT, John A. GOLEY, dated September 14,2005. The said Assistant ~es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-u;?~d Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of May, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gregory E. Murray Assistant Secretary ~+< I1I1fivO -=Ji&~k.;4 ~ Theodore G. Martinez State of Maryland } sS' City of Baltimore . On this 4th day of May, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,\\\\1' 111ft, ~ ,,~;.~ ~.~ f;.: ~:. !~II ~/'/ ~ :: i~:'" )1~:'Y "'.."'\ t:~;SI~\~,~~~~:J . ;'IJ/;'''':i;~)';'if: ~'..)~ ,'...... JIII"t"" ~a.C)~-- Constance A. Dunn Notary Public My Commission Expires: July 14,2007 POA-F 164-4584 . NOTICE TO PROCEED DATE: TO: W. L. Hailey & Company, Inc. Attn:Andrew C. Swank 2971 Kraft Drive Nashville, TN 37204 PROJECT: RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT NO: 60112 ,: You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Augusta Program Management Team Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of Contractor: By: Title: Please sign and retum one copy of this Notice to Proceed Acknowledgement to: CH2M H.i11 (Attn:Program Management) 360 Bay Street; Suite 100 Augusta, GA 30901 n<:nI:: nn MTO"I'VV" OWNER AUGUSTA, GEORGIA CONSTRUCTION CONTRACT CHANGE ORDER co NUMBER BID ITEM DATE RAES CREEK SANITARY TRUNK SEWER IMPROVEMENTS PROJECT NUMBER QQill PO NUMBER PROJECT TITLE ORIGINAL CONTRACT DATE The following change is hereby made to the contract for the above project Description of Change (for a more detailed description see attached proposal): PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ The contract time will be INCREASE/DECREASE by _ calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDER (INCREASE/DECREASE) $ THIS CHANGE ORDER (INCREASE/DECREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NUMBER/ACCOUNT NUMBER 2,510,796.35 PROPOSED BY: DATE: CONTRACfOR REQUESTED BY: DATE: ENGINEER SUBMITTED BY: DATE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROLLER RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: MAYOR Revi.3ion Date ,;ugust. 2001 GENERAL CONDITIONS ARTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part'thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price- The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time- The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall ona legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day. Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday. and Christmas Day. . Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 'ReV1.S1.cn Date AUgU5t 2001 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. . Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The ArchitecturaVEngineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. - Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative- The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and otber..datawhichare-5pecifically..prepared GC-2 Page 2 of 52 Rev1.si.on Oa t.e Auqusc 2001 by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. ) Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with. paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the ,parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 52 :lllWl sion 0.. ell! Auqust. 2001 ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: " 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any cOnflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. . GC-4 Page 4 of 52 it.evi.si.on Dace Auqust 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-5 Page 5 of 52 ReV15ioa Date August 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning, 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one ofthe methods indicated in 3.6 or 3.7, the provisions ofthe Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAl as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening cjf Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 Page 6 of 52 i(eV1.:uon 041 te .;uqust. 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC-7 Page 7 of 52 Revi sJ.oo Ca toe August Z001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REF~RENCE POINTS A vailability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reporls: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be GC-8 Page 8 of 52 Revls10n Date ;\uqust. ZOOl performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be consider~ as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC-9 Page 9 of 52 Revision Date Auqust 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material-uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials broughtto the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. GC-10 Page 10 of 52 aevision Date August 2001 ARTICLE 5-BONDS AND INSURANCE Penormance-ana-Other BonUs:.::=. 5.1. CONTRACTOR shall furnish performance, and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by.the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTR.KCTOR's~l:iability-lnsuranCt? 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability. benefits and other similar -employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 52 Revi.sion Date AUqu.sC. 2001 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perilS as may be provided in the Supplementary GC-12 Page 12 of 52 Revision 'Date August :0:001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. I 5.10. .If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds.. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 Page 13 of 52 ReV1sion Date August. 2001 Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power., If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of 'insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. \:,iia!!!!.hiflca..!.l9lJ;:;:'\ 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, 'damages, losses, and GC-14 Page 14 of 52. Re....J..1.on Dace August. 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone _ for whose acts any of them may be liable,. the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-15 Page 15 of 52 ~ ReV1sion Oaee August 2001 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of per.;ons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume Jull 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 Co.ntract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Page 16 of 52 ~ ReV1sion Cat.e August. 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,. the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be simi.lar 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. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense,'a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, SupplIers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL. may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 Page 17 of 52 Revialon Date Auqu.,;t 2Q01 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing 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. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL' and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are. applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting GC-18 Page .18 of 52 Revision Date .~Uqu5t 2001 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. GC-19 Page 19 of 52 ilevision Date Auqust 4:001 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. . Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONA~ and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 Page 20 of 52 Revislon DaCe ;,uqusc Z001 6.22. . In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations thatthe submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. GC-21 Page 21 of 52 Revis.ion Date August ZOOl 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily GC-22 Page 22 of 52 Revl.,sion Da~e .;uqust 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may. be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly 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. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. GC-23 - Page 23 of 52 Rev1..sion Dat:e Auqust. 2001 ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project atthe site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC-24 Page 24 of 52 Revl.sion Oat.e Auqust 2001 ARTICLE 8--0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. . 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 :t.evu:ion Da~e ~u9ust. 2001 ARTICLE 9-PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in acCordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWI'IER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles,11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 ReV1,sion Daee Augusc 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition GC-27 Page 27 of' 52 ReV1s1on Dat.e Auqust. 20Cl1 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith. to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, - sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors', any agents or employees, or any other persons performing any of the Work. GC-28 Page 28 of 52 rtevision Date Auqust. ZOO! ARTICLE 10-CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12.. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless othelWise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-29 Page 29 of 52 .. ReV1sicr. Dace Auqust. 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of - the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3.. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. Ifthe pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of 52 Revisior. C'ate il.ugust. 20tH Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of the.ir time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 Page 31 of 52 Rev.lsion Oaee AuguSt. 2001 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and forwhich CONTRACTOR is liable, imposed by laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of propertY insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed.in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-a1l of which are to be considered administrative.costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's GC-32 Page 32 of 52 3e.."i.si.0!1 Date AUqust. 2001 office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall fIVe percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 52 " ~e"'l$ion Date August: 2001 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project . Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual "amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Worle: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will.be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of 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 parties are unable to agree as to the amount of any such increase. . GC-34 Page 34 of 52 !levisicn Date Auqusc 2001 ARTICLE 12-CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-35 Page 35 of 52 ~eviSlon ~ate AUqtlst ZOOl ARTICLE 13-WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Worlr: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests. or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. GC-36 Page 36 of 52 Revision Date Auqust Z001 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 Worle: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Worle: 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 C0NTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Worle: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 Revlsion t'ate August 2001 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have . the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs GC-38 Page 38 of 52 Revi,510n Cate August 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may directCONTRACTOR 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 deficien"cy or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-39 Page 39 of 52 l=l.evi.~J.on :Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the material!:! and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the . final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 52 Rev.1.~ion Oa~e Auqust ::001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation offinal payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFES_SIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 Revision Da.te August 2001 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWN ER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: . 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final paymenllf CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 Page 42 of 52 Revision Dat.e '-uqus't 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. . After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may fumish 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 fumish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. GC-43 Page 43 of 52 ih!lvisi.on t'ate ~ugust; ;:001 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will retum the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Afterthe presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for . Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an GC-44 Page 44 of 52 R.ev:i.sion Oate Auqust 2001 acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-45 Page 45 of 52 ilevi~ion Date AUqU5t ::0(11 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating . to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; . 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude GC-46 Page 46 of 52 ReVJ.sion t'ate August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools,appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. r ---~ tTel'!l!1!!!.tion.fo~9!!!!EJ!!ace-:J 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and fumishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then .existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 52 Revision Date August. ZOO! ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy. if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-48 Page 48 of 52. RevJ.sion Date August 2001 tARTICLE-16--DISPUTE.RESObUTION'-" ~ 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, retum receipt requested, directed to his last known address. -- ---- -------- (1.6:2.:r-AII~claims:aisputes and other matterSTrl question between OWNER and CONTRAE}TGR _arising::.o.ueofj~orrrelating tQ, the Gontract Documents or the breach thereof sh~!.l.Q.e..Qecided.unr.!er Georgb c.:::- ";c~in:the:Superior C6urt:OtRichmond_CPJ!lJty,~Georgia~ CONTRACTOR-by-exe-ciJtion-of"the Contfact? :- ~nsents to ju[~giction ~nue.in:tne:S~orC'OU'rtof Richmond County, Georgia, and waiOes-any..!!ght to ~ contest same. ~ GC-49 Page 49 of 52 rh!V1.~ion L'ate AuqulIt 2001 ARTICLE 17 -MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. " 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and" remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of fIVe (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. GC-50 Page 50 of 52 :;tevJ.$i.on Date Auqu:5t 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). . 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 Aevi.~1.on Oat,. AUq1.l$t 2001 appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. t!RliGRAM-MANAGER;- 7 .-- 11'T10-TnePRQ.GRAM MA~ERforthe p.~.t.i~ CH2!\tfJjILL, 360BaY."Street;-Sjjjte-100.~ugusta,-:.-;, 5GA30901.-r - The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and lor the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR( s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design ,concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-52 Page 52 of 52 SECTION SGC SUPPLEMENTAL GENERAL CONDmONS CONTRACTOR'S Liability Insurance Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: . Commerdal General Liability (per occurrence) Each Occurrence $ 1,000,000 . General Aggregate $ 2,000,000 . Products $ 2,000,000 . Personal & Adv,Injury $ 1,000,000 . Fire Damage $ 500,000 , . Automobile Liability (any auto) Combined Single Limit $1,000,000 . Excess Liability (Umbrella) Each Occurrence $5,000,000 . Workers Compensation Statutory Limits . Employer Liability $ 1,000,000 SUPPLEMENTARY CONDITIONS INDEX SC - 1 SC - 2 SC - 3 SC - 4 SC - 5 SC - 6 SC - 7 SC - 8 SC - 9 CONTRACT DOCUMENTS AND DRAWINGS CONTRACTOR'S FIELD OFFICE TEMPORARY SANITARY FACILITIES BOUNDARIES OF WORK EXISTING STRUCTURES AND UTILITIES TRAFFIC SAFETY UTILITIES ESTIMATE OF QUANTITIES SURVEYS SC - 10 DIMENSIONS SC - 11 EROSION AND SEDIMENT CONTROL SC - 12 SAFETY AND HEALTH REGULATIONS SC - 13 SITE CONTAMINATION AND CHEMICALS SC - 14 STORAGE OF MATERIAL SC - 15 MANUFACTURER'S DIRECTIONS SC - 16 CLEANING UP SC - 17 PRIOR USE BY OWNER SC - 18 RESTORATION OF PROPERTY SC - 19 SUBSURFACE INVESTIGATION SC - 20 MAINTENANCE OF ACCESS SC - 21 CONTRACTOR FIELD MARK-UP SC - 22 GENERAL REQUIREMENTS SC - 23 DEDICATED FLAGMAN SECTION SC SUPPLEMENTARY CONDITIONS 0506-00 SC.doc SC-l 'ZEL, ENGINEERS, SC - 1 SECTION SC SUPPLEMENTARY CONDITIONS CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Supplementary Conditions, Technical Specifications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Supplementary Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. Drawings: The Engineer will furnish to the Contractor, free of charge, all copies of the drawings and specifications reasonably necessary for the execution of the work. Locations of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated February 2007 comprise the plans for this contract. DRAWING NO. COVER SHEET 1 2 3 4 5 6 7 8 9 10 11 12 SC - 2 TITLE LOCATION MAP AND DRAWING LIST SEWER LINE STA 0+00 TO STA 10+00 SEWER LINE STA 10+00 TO STA 19+00 SEWER LINE STA 19+00 TO STA 31+00 SEWER LINE STA 31+00 TO STA 39+00 SEWER LINESTA 39+00.00 TO STA 50.00 SEWER LINE STA 50.00 TO STA 62.00 SEWER LINE STA 62.00 TO STA 74+78.96 SEWER LINE STA 75.00 TO STA 84.00 SEWER LINE STA 84.00 TO STA 92+47.58 MISCELLANEOUS DETAILS EROSION AND SEDIMENT CONTROL INDEX CONTRACTOR'S FIELD OFFICE: The Contractor shall maintain a field office on the site of the work which contains a telephone, the contract documents, and the contractor's records. SC - 3 TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. 0506-00 SC.doc SC-2 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS SC - 4 BOUNDARIES OF WORK: The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or construction easements without written consent of the Owner of such property. SC - 5 EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field determinations. The Owner's project inspector must be notified before any work begins in vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. SC - 6 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all times and no excavated material or equipment will be placed on pavement during construction. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available from hydrants. The Contractor shall make provisions for telephone service with the phone company. Electric power for construction operations shall be provided by the Contractor by arrangement with the appropriate power company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations as necessary. SC - 8 ESTIMATE OF QUANTITIES: Estimated quantities of work to be done and materials to be furnished under this Contract if shown in any of the documents including the BID, are given only to indicate approximately the scope of the Contract; variation of the quantities reasonably necessary to complete the work contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation give cause for claims or liability for damages. 0506-00 SC.doc SC-3 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS SC - 9 SURVEYS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility thereof. SC - 11 EROSION AND SEDIMENT CONTROL: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall procure a Land Disturbing Permit from: Augusta-Richmond Planning Commission, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting process, the Contractor shall provide his construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding prOblems and who shall have full (24 hr) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. Sediment and erosion control materials shall be as specified in Section Tl, Site Work and Section T7 Grassing. An erosion control and sediment containment (E&S) allowance limit is included as a supplementary bid price. Where installed quantities of acceptable E&S measures result in an overrun of the E&S allowance limit an upward adjustment of the contract will be made on the basis of the total amount resulting from installed quantities and unit prices of E&S bid items. Because this contract 0506-00 SC.doc SC-4 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS considers the E&S work to be a subsidiary obligation of the base bid items, no downward adjustment of the base bid will be made where more efficient E&S means result in adequate control of erosion control and containment of silt. SC - 12 SAFETY AND HEALTH REGULATIONS:. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all stich chemicals and disposal of residues shall be in strict conformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. SC - 15 MANUFACTURER'S DIRECTIONS: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. SC - 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material. and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. 'ZEL, ENGINEERS 0506-00 SC.doc SC-5 SECTION SC SUPPLEMENTARY CONDITIONS SC - 17 PRIOR USE BY OWNER: Prior to completion of the work, the Owner (by agreement with the Contractor) may take over the operation and/or use of portions of the project. Such use of facili ties by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SC - 18 RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facili ties in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. SC - 19 SUB-SURFACE INVESTIGATION: The CSRA Soils Investigation Report is attached. SC - 20 MAINTENANCE OF ACCESS: The Contractor will be requiretl to maintain vehicular and pedestrian access to all businesses and institutions during the time they are open and to all residential and other occupied buildings and facilities at all times. Whenever direct entrance is blocked from one direction, suitable access shall be provided from another location. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and block cross traffic while equipment is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. SC - 21 CONTRACTOR FIELD MARK-UP: Contractor shall keep a field record of all asbuil t field conditions on a contract set of drawings during all phases of construction. All deviances from contract drawings shall be indicated in red. All repairs, sample tap locations, service line tap locations, etc. shall be clearly indicated in red on the Contract Drawings. Contractor shall provide set of drawings to Engineer upon completion of project. SC - 22 GENERAL REQUIREMENTS: All construction of sanitary sewer lines shall be in accordance to Augusta Utilities Department's Standards and Specifications. Disturbance to any Survey Markers or Monuments requires re-establishment by a licensed surveyor at the Contractor's expense. 0506-00 SC.doc SC-6 'ZEL, ENGINEERS SECTION SC SUPPLEMENTARY CONDITIONS Augusta Utilities Engineering Department shall be notified 24 hours prior to any construction, tie-ins, or testing of water or sanitary sewer lines. (706-722-55 03) If no answer, leave message. Contractor shall contact the Utilities Protection Inc. ~Call Before You DigH service in order to locate utilities prior to starting any excavation or construction. No connection to existing sanitary sewer lines until the proposed sewer line is inspected and approved by the Augusta Utilities Engineering Department. SC - 23 DEDICATED FLAGMEN Contractor shall provide dedicated flagmen for all road and driveway crossings. Flagmen shall be certified. All signage and equipment will be provided in accordance with GA DOT rules and regulations. 0506-00 SC.doc SC-7 'ZEL. ENGINEERS c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. B-1 LOCATION Manhole #14 DATE Januarv 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Sand 5' Reddish-Tan Clayey Sand Reddish-Brown Sandy Silty Clay 10' Tan and Gray Sandy Silt Auger Refusal at 13 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 c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. B-2 LOCATION Manhole #15 DATE Januarv 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Sand 5' Brownish-Tan Sandy Clay Reddish-Tan Clayey Sand 10' 15' Tan and Gray Sandy Silt Boring Terminated at 20 feet. 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. 11' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. B-3 LOCATION Manhole #16 DATE January 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Silty Sand 5' Reddish-Brown Sandy Silty Clay 10' Tan and Gray Sandy Silt 15' Gray Sandy Silt Boring Terminated at 20 feet. 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. 14' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-4 LOCATION Manhole #17 DATE Januarv 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Sand 5' Brownish-Tan Clayey Sand Dark Brown Sandy Clay 10' Reddish-Brown Sandy Silty Clay Tan Sandy Silt 15' Gray Sandy Silt Boring Terminated at 20 feet. 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. 11' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-5 LOCATION Manhole #18 DEPTH FEET 30' 35' 40' DATE January 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand Reddish-Brown Sandy Silty Clay Tan Sandy Silt Very Hard, Gray Sandy Silt Boring Terminated at 20 feet. Top 3"-4" is Asphalt. N Value is number of blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. -1L WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET. SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-6 LOCATION Manhole #19 DEPTH FEET DATE January 19. 2006 VISUAL SOil DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand Brownish-Tan Silty Sand 5' Brown Clayey Silty Sand 10' Gray and Tan Sandy Clayey Silt Boring Terminated at 15 feet. Top 6"-8" is Asphalt. 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. 9' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. B-7 LOCATION Manhole #20 DATE January 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand Brown and Tan Sandy Clay 5' Gray Clayey Sand Tan Sandy Silt Boring Terminated at 15 feet. Top 4"-6" is Asphalt. 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. 6' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA. GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-8 LOCATION Manhole #21 DEPTH FEET DATE January 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE ., Brownish-Tan Clayey Sand 5' Brown Sandy Clay 10' Tan and Gray Sandy Clayey Silt Boring Terminated at15 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. 6' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET. SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-9 LOCATION Manhole #2 DEPTH FEET DATE Januarv 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Sand 5' Dark Gray Sandy Clay Brownish-Tan Sandy Silt Boring Terminated at 10 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 / c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-10 LOCATION Manhole #3 DEPTH FEET DATE January 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand Tan and Gray Clayey Silty Sand 5' Auger Refusal at 4 feet. Top 4"-5" is Asphalt. 10' IS' 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 c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-11 LOCATION Manhole #3.1 DEPTH FEET DATE January 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) . UNIFIED PERCENT CLASS. MOISTURE Reddish-Brown Clayey Sand Auger Refusal at 3 feet. (not rock) 5' Top 4"-6" is Asphalt. 10' 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. 5' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-12 LOCATION Manhole #4 DEPTH FEET DATE January 19. 2006 VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Brown Clayey Sand 5' Brown and Tan Clayey Sand Tan and Gray Sandy Silt Auger Refusal at 10 feet. Top 4"_5" is Asphalt. 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. ~ WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-13 LOCATION Manhole #5 DATE Januarv 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Brown, Tan and Gray Clayey Silty Sand 5' Auger Refusal at 4 feet. (not rock) 10' IS' 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 C 5 r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 {FAX} 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-14 LOCATION Manhole #6 DATE January 19. 2006 OEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIEO PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand 5' Brown and Tan Clayey Sand with Rocks Gray and Tan Clayey Sandy Silt Tan and Gray Sandy Silt Auger Refusal at 15 feet. Top 3"-4" is Asphalt. 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. 6' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-15 LOCATION Manhole #7 DATE January 19. 2006 DEPTH FEET VISUAL SOil DESCRIPTION PENETRATION VALUE(N) UNIFIED PERCENT CLASS. MOISTURE Reddish-Tan Clayey Sand Gray and White Sandy Clay 5' Tan and White Sandy Silt Auger Refusal at 10 feet. Top 3"-4" is Asphalt. 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. 7' === WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737.()629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-16 LOCATION Manhole #8 DATE Januarv 19. 2006 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Sandy Clay 5' Gray and Tan Sandy Clay 10' Tan and Gray Sandy Silt Auger Refusal 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. 6' WATER TABLE c s r a TESTING AND ENGINEERING COMPANY, INC. 1005 EMMETT STREET, SUITE A AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Raes Creek Sewer. ZEL 0506-00 BORING NO. 8-17 LOCATION Manhole #9 DATE January 19. 2006 DEPTH FEET VISUAL SOil DESCRIPTION PENETRATION VALUE (N) UNIFIED PERCENT CLASS. MOISTURE Brown and Tan Clayey Sand 5' Gray Sandy Clay Tan and Gray Sandy Silt Auger Refusal at 15 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 atter seated. 5' WATER TABLE SECTION T1 SITE WORK SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. GENERAL : Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be safeguarded and protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits have otherwise obtained. See Special Conditions, for field layout, staking, and grade setting requirements. CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for removal together with the down timber, snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface. Trees and stumps in areas to be covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live branches to such heights and in such manner as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts more than 1-1/2 inches in diameter thus made shall be painted with an approved treewound paint. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other debris not suitable for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish grade in areas to be grassed. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. Grubbing will not be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the construction sites, or from the rights-of-way, shall remain the property of the landowner. The Contractor shall trim and cut such timber and stack it neatly within the easement or right-of-way, as directed by the.Engineer. 0506-00 T1.doc T1-1 'ZEL, ENGINEERS SECTION T1 SITE WORK Burninq or Removal From Site: All Timber, except such timber which the Engineer considers merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will state the conditions covering the disposal of such logs and stumps without burning, including the areas in which they may be placed. Timber and other refuse to be disposed of by burning shall be burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as damage to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible for compliance with all Federal and State Laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until the fires have burned out or have been extinguished. GRADING: General: Site grading shall consist of excavating and placing all necessary materials outside the limits of the various structures. Site grading shall be completed when all surfaces are aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all excavation, filling and compacting required for construction of all ditches, roads, and all other areas disturbed by construction except as otherwise specified. Site grading also shall include excavation and backfill for walks and steps. Borrow Material shall be selected to meet the requirements and conditions of the particular installation for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Crushed Stone Surface Material shall be a dense graded No. 68 crushed stone conforming to Georgia D.O.T. Specifications and with not less than 60% passing a 3/8" sieve, 25% passing a No. 4 sieve, and 10% passing a No. 8 sieve. Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with sand. Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter. Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or paving, and if it cannot immediately be placed in its final location, it shall be stored for later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed when the soil is so wet that the tilth of the soil will be destroyed. Embankment: This item consists of placing in fills and embankments for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified herein and in accordance with the appropriate lines, grades, sections, contours and dimensions. 0506-00 Tl. doc Tl-2 'ZEL, ENGINEERS SECTION T1 SITE WORK Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed promptly. Excavated materials shall not be stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the excavation. Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing, shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no additional expense to the Owner. Site Gradinq: Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than 0.5 foot above or below the established grade. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at the surface. After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient width for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and recompacted around structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the tampers. Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil. Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site grading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation shall be backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or below the appropriate elevations. Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of 0506-00 Tl.doc T1-3 'ZEL, ENGINEERS SECTION T1 SITE WORK earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM 0698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to be performed during the progress of the work, or at the completion of any individual unit of the work, or at the time of final inspection of the entire project. Random spot checks of elevation and slopes shall be conducted by ordinary differential level and profile methods. Random spot checks of topsoil thickness shall be conducted by cutting through the surface with a spade or mattock, and measuring the thickness of topsoil exposed. Density of embankment, -fill, backfill or subgrade may be measured according to the procedures of ASTM 0698. GRASSING: Areas of road shoulders and operations shall be grassed in specifications. Areas to be shall utilize topsoil, lime, mulch sufficient to produce erosion. other property disturbed by construction accordance with the GRASSING section of the grassed shall be planted, maintained, and fertilizer, proper and approved grass and a cover sui table to eliminate significant MAINTENANCE: Inspection of site work as it is completed, shall not constitute final acceptance of the item. The Contractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. PAYMENT: No separate payment will be made for the work covered by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the Bid. 0506-00 T1.doc Tl-4 'ZEL. ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. CLASSIFICATION OF EXCAVATION: Common Excavation shall comprise the satisfactory removal and disposition of all materials not classified as rock excavation and shall include all earth, clay, silt, sand, gravel, hardpan, loose shale and loose stone masses which can be removed without systematic drilling and blasting, and boulders measuring less than one-third cubic yard in volume. Rock Excavation shall comprise and include the satisfactory removal and disposition of the following: (1) All boulders measuring one-third cubic yard or more in volume; (2) all rock material in ledges, bedded deposits and unstratified masses, which cannot be removed without systematic drilling and blasting; (3) concrete or masonry structures; and (4) conglomerate deposits which are so firmly cemented that they possess the characteristics of solid rock and which cannot be removed without systematic drilling and blasting. EXCAVATION: General: The excavation shall conform to dimensions appropriate for the pipe line or structure. Excavation carried below the elevation necessary for construction. and elevations shall not be Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trehch above the pipe may be as wide as necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA. The bottoms of trenches for water lines and force mains shall be rounded so that the lower 90 degree quadrant of the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable compacted fill material. Bell holes and excavation for joints shall be dug by hand after the trench bottom has been shaped. These holes shall be so spaced and sized as to permit first class workmanship on the joint and to insure that the maximum length of pipe possible will rest on the prepared bottom of the trench. . Except as otherwise specified trenches for gravity sewers shall be excavated below the pipe invert to provide space for the pipe bedding. Where good soil or rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance as shown on the bedding detail drawing. 0506-00 T2.doc T2-1 'ZEL, ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 4 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be refilled with selected refill material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall be thoroughly tamped. The refill shall be brought to the proper elevation for the pipe, and in the case of gravity sewers, to the elevation that will provide space for the special bedding. Dewaterinq and Drainaqe of Excavated Areas: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or wellpointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. All dewatering methods shall be subject to the approval of the Engineer as to capacity and effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it will neither cause injury to public health, public or private property, the surface or use of streets by the public or work completed or in progress. Protection Aqainst Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. Shorinq and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in accordance with the angle of repose of the soil. The Contractor alone is responsible for any damage or injury resulting from his failure either to provide adequate protection from the excavation or to comply with OSHA requirements. Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or required for backfill or filling shall be wasted within the limits of the site as directed by the Engineer. Blastinq: Where blasting is necessary, it shall be done in accordance with local ordinances by skilled operators and precautions shall be taken to avoid damage. Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. PIPE BEDDING FOR GRAVITY SEWERS: Vitrified clay pipe, ductile iron pipe and PVC pipe for gravity sewers shall be bedded in compacted bedding material placed in the trench bottom. The bedding material shall be well graded crushed stone or crushed gravel meeting the requirements of ASTM C-33, Gradation 67 (3/4 inches to No.4). 0506-00 T2.doc T2-2 'ZEL, ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING The bedding shall have a ~n1mum thickness beneath the bottom of the pipe of 4 inches or one-eighth of the outside diameter of the pipe, whichever is greater, and shall extend up the sides of the pipe as shown on the bedding detail drawing. Holes must be dug in the bedding for each bell or coupling so that the load is supported entirely by the pipe barrel, not the pipe bell or coupling. After each pipe has been placed in final position, bedding material shall be placed and compacted under the pipe haunches and on each side of the pipe to prevent lateral displacement. "Shovel-slicing" of crushed stone bedding shall be done using a crow bar heavy enough to penetrate the bedding material. The pipe bedding shall be thoroughly compacted throughout its depth. FILL: Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be compacted at optimum moisture content in a manner approved by the Engineer. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698. BACKFILLING: The Engineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have an optimum moisture content when compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698. FILL AND BACKFILL MATERIAL: Material for fill and backfilling if suitable, or borrow approved trash, lumber, or other debris, deleterious matter. shall consist of the excavated material, by the Engineer, and shall be free of roots and other organic, perishable or BORROW MATERIAL FOR TRENCH BACKFILL: Borrow material for trench backfill shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash, and any other deleterious material. SELECTED REFILL MATERIAL: When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 4 inches. Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks, roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use. PAVEMENT REMOVAL AND REPLACEMENT: The Contractor shall replace or repair all pavement which has been removed or damaged in his trenching operation with pavement of equal quality with 2-1/2" compacted asphaltic binder, plus 1-1/2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at least one foot 0506-00 T2.doc T2-3 'ZEL, ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING outside of excavation limits or damaged portions. The existing pavement shall be neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as directed by the Engineer. Pavement subgrade and pavement under the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. EROSION AND SEDIMENT CONTROL: Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed against a stable, post supported wire backing to intercept all runoff from the construction site. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which might significantly alter its physical properties after installation. The fabric shall contain stabilizers and/or inhibi tors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pulling away from the fabric. During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall not be exposed to temperatures greater than 140 degrees F. The fabric shall meet the following physical requirements: Tensile Strength (Lbs. Min.) (ASTM D-4632) Warp - 120 Fill - 100 Elongation (% Max.) (ASTM D-4632) 40 AOS (Apparent Opening Size) (Max. Sieve Size) (ASTM D-4751) Flow Rate (Gal/Min/Sq.Ft.) (GDT-87) #30 25 Ultraviolet Stability (2) (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) 80 Bursting Strength (PSI Min.) (ASTM D-3786 Diaphragm Bursting Strength Tester) 175 Minimum Fabric Width (Inches) 24 0506-00 T2.doc T2-4 'ZEL, ENGINEERS SECTION T2 EXCAVATION, FILLING AND BACKFILLING Filter Fabric Backinq shall be woven wire and attached to the posts by wire, cord, staples, nails, or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier. The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4x4 WI.4xWI.4 or equal. Posts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used. Soft wood posts shall be at least 3 inches in diameter or nominal 2"x4" and straight enough to provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet. Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall be. #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 per post. Straw Bale additional installed. anchored to Ditch Checks: To control erosion in waterways and to provide restriction of silt migration, temporary ditch checks shall be Standard rectangular mechanically produced straw bales shall be 2x4x4'-O" posts set 2.5' below grade. . Removal of Temporary Soil Erosion and Sediment Control Measures: After per.manent erosion control features of the work site are complete and ample grass is established, the temporary fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: The Contractor shall carefully restore all private property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in such manner as to meet the approval of the Engineer and at no addi tional cost to the Owner. No structures or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Selected Refill Material: Refill material, installed at the direction of the Engineer, to replace unsuitable material below the pipe or to refill the authorized overdepth excavation of rock in trenches for sewer lines will be paid for on the basis of the applicable unit price in the Bid. No payment will be made for gravel or sand used by the Contractor in the trench bottom in lieu of dewatering by use of well points. Borrow Material for Trench Backfill: Borrow material used to backfill the trench above the pipe, where suitable material is not available from the excavation, will be paid for on the basis of the applicable unit price in the Bid. The quantity of borrow will be based on the computed volume in the trench within the maximum permissible trench width for distances as authorized by the Engineer. Rock Excavation: The quantity of rock excavation which will be paid for is the number of cubic yards of acceptably excavated material as hereinbefore specified and defined as.rock excavation, measured in its original position and computed by allowing the width of rock excavation in trenches of 1'-4" plus the outside diameter of the pipe, and 2 feet outside fonmed walls but not in excess of the amount actually excavated. The measurement will 'ZEL, ENGINEERS 0506-00 T2.doc T2-S SECTION T2 EXCAVATION, FILLING AND BACKFILLING include the authorized overdepth excavation. The payment for rock excavation shall include the cost of disposing of excess materials which cannot be used in the backfill. PAYMENT: Except as specifically stated in the items which follow, no separate payment shall be made for common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts; erosion and sediment control; and other work covered by this section of the specifications. Such work shall be considered as a subsidiary obligation of the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. 0506-00 T2.doc T2-6 'ZEL, ENGINEERS SECTION T3 CONCRETE SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: American Society for Testinq Materials Desiqnation: C 33 C 150 A 615 C 94 C 31 Concrete Aggregates Portland Cement Reinforcing Steel Ready-Mix Concrete Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI 318 ACI 315 Building Code Requirement for Reinforced Concrete Manual of Standard Practice for Detailing Reinforced Concrete Structures CONCRETE: Materials: Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one brand of cement shall be used for exposed concrete in any individual structure. Fine Aqqreqate shall consist of natural sand, manufactured sand or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. Coarse Aqqreqate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates. Water shall be clean and free from oils, acids, salts, or other injurious substances. Admixtures shall be used to provide entrained air. Other admixtures shall be used only with written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. Curinq Materials shall be approved by the Engineer before use. Reinforcinq steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as otherwise noted on the drawings. Shop drawings are required. Storaqe of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as to be protected from rusting, oil, grease, and distortion. 0506-00 T3.doc T3-1 'ZEL, ENGINEERS \ SECTION T3 CONCRETE Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a power operated batch mixer. The contents of the mixer shall be completely discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will not be permitted. Concrete for pipe encasement and blocking may have a strength of 3,000 psi. Forms: Cradles, collars, encasement, blocking, manhole floors and other members shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No. 2 Common Grade or better. They shall be properly braced and tied so as to maintain their position and shape, and shall be sufficiently tight to prevent leakage of grout. Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength. PAYMENT: Except as specifically stated in the following item, no separate payment will be made for work covered by this section of the specifications and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Concrete for Encasement and Reaction Blockinq: Payment for concrete encasement and reaction blocking will be paid for as established in Section T-6. 0506-00 T3.doc T3-2 'ZEL, ENGINEERS SECTION T5 UNDERGROUND CROSSINGS OF HIGHWAYS SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials and in performing all operations in connection with the installation of dry bored and jacked underground crossings of highways for sewer lines, complete, in strict accordance with the specifications and the applicable plans, and subject to the terms and conditions of the contract. GENERAL: Work on highway right-of-way shall be under the superV1S1on of the Chief Engineer of the agency, or his authorized representative who shall be notified at least 15 days before actual work on the installation is started. UNDERGROUND CROSSINGS: Sewers: Underground crossings for sewer lines shall consist of a carrier pipe installed in a casing pipe. The casing pipe shall be installed under the roadbed by dry boring and jacking. The carrier pipe shall be pushed through the casing pipe on skids fastened to the carrier pipe. CASING: Casing pipe shall be smooth steel pipe with a nun1mum yield strength of 35,000 psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the tabulated pipe data in lieu of any coating and wrapping requirement. CARRIER PIPE: Sewer: The carrier pipe for sewers shall be Restrained Ductile Iron pipe contorming to the requirements of the GRAVITY SEWER section of the Specifications. Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on skids securely fastened to the carrier pipe. The jacking operation shall utilize soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to the forces from the jacking device. Any damaged pipe shall be cut off and removed from the site. After the carrier pipe has been checked and tested, the casing pipe shall be filled with sand and the ends sealed with pull on rubber seal. ABORTED BORES: Unsuccessful bore and jack installations which must be abandoned because of failure to meet alignment and/or grade requirements, bore and jack attempts frustrated by obstructions, or otherwise unusable bore and jack installations shall be completely filled with concrete. The steel casing may be left in place or withdrawn simultaneously with the filling of the hole with concrete. Relocation for additional bore and jack attempts shall be made after consultation with the Engineer. ~: Skids shall be Collins steel bore supports or comparable approved spiders appropriate for the installation. Spiders, nuts, and bolts shall be heavily coated with the manufacturer's Bituminous paint. 'ZEL. ENGINEERS 0506-00 T5.doc T5-1 'ZEL, ENGINEERS SECTION T5 UNDERGROUND CROSSINGS OF HIGHWAYS PAYMENT: Payment for sewer lines under highways within the payment limits shall be made on the basis of the applicable lump sum prices for the crossings listed in the Bid, complete, including carrier pipe, concrete collars, casing pipe, and all other incidental items of work involved. Payment for Aborted Bores shall be made on the basis of the unit price in the Bid for the measured length of the aborted bore filled with concrete, complete in place. To qualify for payment, the aborted bore shall have resulted from obstructions encountered through no fault of the Contractor. 0506-00 T5.doc T5-2 SCOPE: SECTION T6 GRAVITY SEWER The work covered by this section of the specifications consists of furnishing all plant, labor1 equipment, appliances and materials, and performing all operations in connection with the construction of the sanitary sewers, including appurtenant structures, complete, in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The latest edition of the following specifications form a part of this section of the specifications: ASTM C 12 ASTM C 32 ASTM C 700 ASTM C 425 ASTM C 478 ASTM C 594 ASTM C 828 Lines ASTM D 2321 ASTM D 3034 ASTM D 3212 ANSI C 151 GENERAL: Installing Vitrified Clay Pipe Lines Clay or Shale Manhole Brick Extra Strength Clay Pipe Vitrified Clay Pipe Joints using Materials having Resilient Properties Precast Reinforced Concrete Manhole Risers and Tops Compression Couplings for Vitrified Clay Plain End Pipe Low-Pressure Air Test of Vitrified Clay Pipe Sewer Underground Installation of Pipe Type PSM PVC Sewer Pipe and Specification for Joints Flexible Elastomeric Seals Ductile Iron Pipe Flexible Thermoplastic Sewer Fittings of Plastic Sewer Pipe Using Gravity sewers and appurtenant structures shall be constructed in conformance with the requirements of this section of the specifications except concrete work which shall conform to the requirements of the section entitled "CONCRETE". Excavation, trenching and backfilling for gravity sewers and appurtenant structures shall conform to the requirements of the applicable sections of these specifications. The work included under this section will not be accepted until the sewers with all appurtenances have been completed, tested, and approved. Any section of sewer which is found to be defective in material, alignment, grade, or joints shall be corrected to the satisfaction of the Engineer and/or Owner. MATERIALS: General: All materials furnished by the Contractor shall be new and shall meet the requirements of the applicable specifications given in this paragraph. Four sets of shop drawings consisting of manufacturer's literature shall be submitted for pipe joint materials, precast manholes, manhole steps and manhole frames and covers. Pipe: Except where specifically indicated otherwise on the plans, or in the specifications, all sewer pipe shall be ductile iron pipe, or Polyvinyl Chloride Pipe. Ductile iron pipe shall be classed as flexible pipe. 0506-00 T06 Gravity Sewer.doc T6-1 'ZEL, ENGINEERS SECTION T6 GRAVITY SEWER Standard Polyvinyl Chloride (PVC) Pipe (up to 15" diameter): PVC pipe shall conform to ASTM specification D-3034, SDR 35, PS 46 and shall be furnished in approximate 12' lengths. Compounds for PVC pipe shall be according to ASTM 0-1784 with the filler content limited to 5% of the mixture. Polyvinyl Chloride (PVC) Larqe Diameter Pipe (18" - 30" diameter): Large diameter PVC sewer Pipe 18" and larger only shall conform to ASTM F679, SDR26, T1 thickness only. Ductile Iron Pipe: Shall conform to ANSI specification C151. Ductile Iron Pipe shall be as follows: Diameter 30 Pressure Class 250 Ductile Iron Pipe shall be American Dutile Iron Pipe with American Polybond Lining or U. S. Pipe Ductile I ron Pipe with Poly thane Lining or engineer approved equal products of other manufacturers. Joints and Jointinq Materials: Standard PVC pipe shall conform to ASTM 0-3212 having push-on type, using flexible elastomeric seals. Push-on Joints for Ductile Iron Pipe shall have gaskets made of vulcanized natural or synthetic rubber compound conforming to ANSI A21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating effect on the gasket material. Dissimilar Pipe Joints shall utilize an appropriate standard adapter, or concrete collar as detailed on the plans. TESTING PVC PIPE: Laboratory Tests: PVC pipe shall be laboratory tested for dimensions, flattening, impact resistance, stiffness, joint tightness and extrusion quality in accordance with ASTM D-3034, D-2412, and 0-3212 and/or F794. Each joint of pipe shall be stamped with the laboratory certification, pipe class, date of manufacture, and the name or trademark of the manufacturer. Field Tests: The deflection limit of all installed PVC pipe shall be 5%. At least 30 days after installation and again 6 months after installation, a mandrel of 95% of the internal diameter of the pipe in accordance with ASTM 03034 and F794 shall be pulled by hand freely through each section of sewer pipe. Failure to pass the mandrel will be considered the limit of the pipe's serviceability and it shall be replaced. INSTALLATION: General: For any materials or methods of installation not specifically detailed in these specifications, the Contractor shall conform to the requirements of the latest revision of the appropriate following documents: AsTM C-12 if installing vitrified clay sewer pipe; ASTM D-2321 if installing PVC sewer pipe. Pipe Layinq: See Specification Section T-2 for trench excavation, pipe bedding and backfilling requirements. 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-2 SECTION T6 GRAVITY SEWER Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the direction of the flow. Each pipe shall be laid true to line and grade in such manner as to form a close concentric joint with the 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 permissible width of the trench at the elevation of the top of the pipe is exceeded for any reason other than at the direction of the Engineer, the Contractor shall install at his own expense such additions as are required by the Engineer to support the additional load on the pipe. Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench water" earth or other foreign substance can enter the line. All pipe shall be carefully examined before it is installed in the trench. All damaged, warped, cracked, blistered, or otherwise unsound pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed from the site of the work. Installation of ductile iron sewer pipe shall meet all applicable requirements of the manufacturer and this specification. Jointinq: All Pipe: The jointing procedure for any pipe having joints using materials having resilient properties as specified hereinbefore, shall be recommended by the manufacturer of the joint materials approved by the Engineer. The Contractor shall furnish and install the joint complete, using such adhesive or lubricating substances as are recommended. Care shall be taken to prevent eKcessi ve exposure of the gaskets to sunlight before installation. Push-on Joints shall be assembled by prepositioning a continuous, molded rubber ring gasket in an annular recess in the pipe socket, applying appropriate lubricating substances, and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to effect a positive seal under all combinations of the joints and gasket tolerances. CONCRETE COLLARS, CRADLES, SADDLES AND ENCASEMENT: General: Collars, cradles, saddles or encasement shall be constructed of 3000 psi concrete. In locations where ductile iron pipe joins nonmetal pipe, the connection shall be by a concrete collar as shown on the plans, or by appropriate adapter. 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-3 SECTION T6 GRAVITY SEWER MANHOLES: General: Manholes shall be constructed with cast iron frames and covers. The base and invert channels of the manhole shall be constructed of 4000 psi concrete. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Where brick are used as a filler for the shaped channels, the minimum thickness of the finished layer of concrete shall be 4". Changes in direction of the sewer and entering branches shall have as long a radius of true curvature as the size of the manhole will permit. Precast Concrete Manholes: Precast manholes, consisting of precast risers and tops conforming to the requirements of ASTM C478-61T and having a minimum wall thickness of 5 inches, may be used in lieu of brick manholes. The precast top section shall be of the eccentric cone type and shall have a top outside diameter larger than that of the manhole ring. The lower end of the bottom section shall be set 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. Integral bases of equivalent strength may be used if the manhole base section is leveled by setting in a bed of mortar. The joints in the riser pipe shall be sealed with a mastic gasket, similar and equal to K.T. Snyder "Ram-Nek". Manhole Steps shall be installed in all sections of each manhole. The steps in the precast sections may be installed when the sections are cast or may be inserted after the manhole has been constructed. All damages to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. Steps shall be located only on the vertical inside face of eccentric cones and shall be aligned with the steps in the lower sections. Manhole steps shall be 1'-4" o. C., cast iron, Neenah R-1980-I for brick manholes, and R-19B1-I for precast manholes. Manhole Frames and Covers: General: Manhole frames and covers in improved areas or streets shall be set flush with the finished grade; the Contractor shall set and adjust manhole frames and covers as necessary to meet this requirement. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set one (1) to two (2) feet above the existing ground, unless otherwise directed. The word "SEWER" shall be cast on the cover. Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to ASTM A 48, Class 30, gray iron. Castings shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale, lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No. plugging or filling shall be permitted. Standard frames and covers shall have machined bearing surfaces and shall be Sumter Machinery Company No. MF-6BL Frames and MC-68L Covers, and weighing approximately 390 pounds total, or shall be the comparable product of Neenah, Dewey Bros., U. S. Foundry, or equal. Manhole frames and Covers in concrete slabs shall be Neenah R6400 CS or equal. Watertiqht Frames and Covers shall be similar and equal to standard frames and covers specified above in all respects except that covers shall be gasketed and bolted to the frames. Gaskets shall be 1/8 inch thick rubber and bolts shall be 1/2 inch diameter hex head brass cap screws, minimum 6 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-4 bolts. Bolt holes in Watertight frames and respectively, or equal. cover covers shall shall be be counterbored for Sumter MF-40B bolt and heads. MC-40B, SECTION T6 GRAVITY SEWER STUB-OUTS FOR FUTURE SEWERS: Pipe stub-outs for the connection of future sewers shall be l-joint of pipe with a bell connection at the end of the stub-out. Each stub-out shall be plugged with 3" treated wood or pre-manufactured plug sealed in the bell end of the stub-out to achieve a watertight plug which then shall be blocked with concrete cast against firm earth. FIELD TESTS: Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the trench and all pieces which appear to be cracked or damaged in any way that could not be repaired after installation; shall be rejected. Particular notice shall be made of the joints to be sure that a watertight joint can be assured. Joints, Aliqnment and Grade: After the pipe has been installed in the trench, and prior to the placing of any backfill, the joints, alignment, and grade shall be carefully examined and checked for conformance with specified requirements. The pipe shall be observed during backfilling operations and shall be rechecked following the backfilling operations to be sure that the required conditions of the joints, alignment and grade have been maintained. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and materials; the work shall comply with these specifications and if found not so in any respect, it shall be brought to proper condition by cleaning, painting, or if necessary, by rebuilding at the expense of the Contractor. Inteqritv of the Installed Sewer: All gravity pipe lines shall be checked for infiltration and subjected to either an infiltration test, an exfiltration test, or a low-pressure air test to demonstrate the integrity of the installed sewer. The Contractor shall provide, at no additional cost to the Owner, all labor, materials, supervision, equipment and measuring devices necessary to conduct the test. Results of the tests, witnessed by the construction inspector, shall be delivered to the Owner in written form. Meeting the minimum requirement herein specified does not relieve the Contractor of the necessity of making sewers as tight as possible. Low-Pressure Air Test: Only for sections of sewer which are not submerged by groundwater will the air test be applicable. If the pipe to be tested is submerged in groundwater, an infiltration test shall be used. The air test is performed as follows: Flush and clean the sewer line with water prior to testing, thus cleaning out debris and wetting the pipe surface to produce more consistent results. Plug all outlets to resist the test pressure. Give special attention to stoppers and service laterals. Add air until the internal air pressure of the sewer is raised to approximately 4.0 psi gauge. When the pressure has stablilized and is at or lowered to the starting test pressure of 3.5 psi gauge, commence the test. Record the time period for the pressure to drop to 2.5 psi gauge and compare to the time chart below. Recorded times less than the specified times indicate the line has failed and repair is required to bring the line up to specification. The test may be discontinued when the prescribed test time has been completed, even though the pressure has not dropped to 2.5 psi gauge. 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-5 SECTION T6 GRAVITY SEWER Infiltration Check: The maximum allowable rate of infiltration into the sewer lines shall be 100 gallons per 24 hours per inch of diameter per mile of sewer where minimum groundwater depth is two (2) feet above the high point of the sewer under test. Where infiltration is apparent, a V-notch weir shall be installed and maintained at the low end of the sewer and a test performed. Upstream reaches not under test shall be plugged. Water level behind the V-notch weir shall stabilize and a reading of flow rate shall be recorded and compared to the above specified rate. A rate greater than that specified shall require the Contractor to repair the sewer so that this test will be met. Sewer segments being tested shall be no longer than 1200 feet. Exfiltration Test: The maximum allowable rate of exfiltration from sewer lines using the exfiltration test shall be 100 gallons per 24 hours per inch of diameter per mile of sewer. The run of sewer to be tested shall be plugged and the line filled with water to a point approximately one foot below the top of the lowest manhole frame. No more than ten (10) feet of head shall be placed on the lowest point in the sewer. 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 two hours. The measured drop in water level shall be translated into the exfil tration rate. Sewer segments being tested shall be no longer than 1200 feet. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting of lawns, trees, hedges, or ornamental plantings, and the repair Or replacement of streets, driveways, walks, fences, or other facilities, in such manner as to meet the approval of the Engineer or Owner. No structures or trees shall be removed without the consent of the property owner until condemnation procedure, if necessary, has been completed. See SC-19. CLEAN UP AND REPAIRING: The sewers shall be kept clean during the progress of the work, and upon completion shall be thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall provide 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 alignment such as to make the work, in the opinion of the Engineer, not consistent with first class work, shall be promptly corrected by the Contractor at his own . expense. After a section of line is installed and backfilled, restoration of affected property shall not be delayed; cleanup shall progress with the work. All materials, tools, temporary structures, and excess excavation shall be removed, cleaned, smoothed, graded, and/or finished in a workmanlike manner at the completion of the work. FINAL INSPECTION: When the Contractor considers that all work has been completed, he shall then notify the Engineer who will. inspect all work and make such tests as to satisfy himself that the provisions of the Contract have been faithfully carried out. During this inspection, the Contractor shall, at his own expense, make provisions for suitable drainage and maintenance. 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-6 SECTION T6 GRAVITY SEWER MEASUREMENT AND PAYMENT: Except for the specific payment items which follow, no other separate payment will be made for the work covered by this section of the specifications and all costs in connection therewith shall be considered as a subsidiary obligation of the Contractor and shall be included in the applicable lump sum or unit price items in the Bid; the payment shall cover all costs of every kind required for clearing and grubbing, excavation, pavement removal, pipe and manhole removal, maintenance of the driving surface, bedding, backfill, protection of utilities, erosion control, cleaning up, restoration including gravel surfaced driveways, grassing, furnishing the materials and completing the installation. Sewer Pipe shall be measured in place from center to center of manholes or structures without deductions for length of line through the structures or for wye branches. Depth of cut shall be measured from the ground surface to the pipe invert. Depth of the cut shall be a subsidiary obligation included in the price per foot. Sewer lines shall be paid for at the applicable contract lump sum or unit price as set forth in the Bid. Manholes: Payment shall be made for the satisfactory installation of standard 4' and 5' diameter manholes complete with the base section, shaped invert, manhole steps, boots, and plugs, and shall be paid for at the applicable unit price as set forth in the Bid. Additional height of 4' and 5' diameter risers shall be paid per vertical foot. Manhole Frames and Covers: Payment shall be made for the satis factory installation of watertight manhole frame and covers complete, in place and shall be paid for at the applicable unit price as set forth in the Bid. Encasement: Payment for concrete encasement for creek crossings, etc. will be made on the basis of the applicable unit price as set forth in the Bid. Concrete Collars, Cradles, Saddles: Concrete for cradles and collars, when required to be placed for protection of pipe at the direction of the Engineer, will be paid for on the computed volume of concrete actually placed in accordance with dimensions established by the Engineer. Payment will be made on the basis of the price per cubic yard as stated in the Bid except when the cost is specifically included in separate lump sum payment items. Such price shall include all costs of excavation, dewatering, forming, reinforcing, and other items of work and materials involved. REPAIR OF BROKEN WATER OR GAS LINES: Where existing water or gas lines are broken as a result of the Contractor's operations, where relocation of a water or gas line is elected by the Contractor, or where relocation is otherwise necessary to the installation of the sewer, the relocation or replacement is to be a subsidiary obligation of the sewer installation. Pipe Counterweiqhts: Payment for pipe counterweights will be made on the basis of the applicable unit price as set forth in the Bid. Measurement for pipe counterweights will be made along the centerline of the weighted sewer pipe. PAYMENT: ITEMS S-lA throuqh S-16I: All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel 0506-00 T06 Gravity Sewer.doc T6-7 'ZEL, ENGINEERS SECTION T6 GRAVITY SEWER pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, videotape copies, and field reports. No additional payment shall be made for these items. ITEMS S-20A throuqh S-20F and S-23: Pre-cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S-21A throuqh S-21F, S-22A throuqh S-22F, S-24 throuqh S-25: Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. ITEMS S-26A throuqh S-26F: Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEM S-30: Sanitary sewer connections shall be measured individually (each) and shall include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, aggregate base and asphalt pavement repair, and property restoration. No additional payment shall be made for these items. ITEM S-31: Cut and plug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt/concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM S-33: Sanitary sewer manhole tie-ins shall be measured individually (each) and shall include costs for cutting/coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM S-36: Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the applicable lump sum or unit priced items in the Bid. 'ZEL, ENGINEERS 0506-00 T06 Gravity Sewer.doc T6-8 SECTION T7 GRASSING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and performing all operations required to establish a satisfactory cover of grass within all unpaved areas disturbed by this construction. All work shall be performed in strict accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. GENERAL: The grassing operations shall consist of preparation of the soil, including tillage, liming and fertilizing, seeding, mulching, and watering, and maintenance and repair of planted areas until a satisfactory grass cover is obtained and the work is finally accepted. MATERIALS: Seed: All seed shall be Hulled Bermuda grass seed tested and approved by the Georgia Department of Agriculture not more than 6 months prior to the date of sowing and packaged and labeled in accordance with the Georgia Seed Laws and Rules and Regulations in effect on the date of the Invitation for Bids. Seed which has become wet or moldy or otherwise damaged prior to the time of sowing will be rejected. Aqricultural Lime shall be a pulverized limestone having the following certified chemical and physical properties: Total Carbonates, not less than 85% Passing 10-mesh screen, at least 100% Passing 100-mesh screen, at least 25% Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10 fertilizer suitable for application by a fertilizer distributor, grain drill, planting machine or similar standard equipment. The fertilizer shall be certified to meet the requirements of Fertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes caked or otherwise damaged prior to the time of use will be rejected. ~: Any of the mulch materials, consisting of forest litter, hay, straw, hulls o~ cottonballs or peanuts, ground corncobs, stalks of corn, cane, potato v~nes, tobacco or other stems, or peat, which are permitted under Standard Specifications of the State Highway Department of Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain seeds of species of weeds or plants which would germinate and be harmful to the proposed planting will not be accepted. Before collection of mulch material is begun or delivery is made, the Contractor shall submit samples for approval. Only approved mulch from approved sources will be accepted. Water for use in connection with the grassing operation may be purchased from Columbia County, or obtained from any other approved source. Such water shall be free of excess chlorine, or other chemicals or substances harmful to plant growth. GROUND PREPARATION: Prior to preparing the ground for grassing operations, all weeds, brush and other vegetation in the areas to be planted which has not been removed during clearing and grubbing and grading operations shall be removed from 0506-00 T7.doc T7-1 'ZEL, ENGINEERS SECTION T7 GRASSING the site. All irregularities in the surface shall be smoothed out and all roots, stone and other foreign material detrimental to tillage, planting and proper growth and maintenance of the grass shall be removed. In all areas where the topsoil has been removed during grading operations, the topsoil which has been stockpiled shall be returned and evenly distributed over these areas. Objectionable foreign materials contained in the topsoil shall also be removed as the topsoil is distributed. LIMING AND FERTILIZING: After the areas to be seeded have been brought to finished grade, agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate of one ton per acre and fertilizer at the rate of 1000 pounds per acre. In areas where mechanical spreaders cannot be used, the lime and fertilizer may be applied by hand methods. The lime and fertilizer shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE: The lime and fertilizer shall be thoroughly and uniformly mixed with the soil to a depth of approximately 3" by plowing, discing and harrowing until the soil is friable and well pulverized. Hand tillage will be required in all areas where mechanical equipment cannot be operated. SEEDING: Hulled Bermuda grass seed conforming to the requirements of this specification shall be uniformly sown by approved mechanical power drawn drills or seeders or, in small areas, by mechanical hand seeders, at the rate of 40 pounds per acre. The seeds shall be covered and compacted to a depth of 1/8 to 1/2 inch by means of a cultipacker and an empty traffic roller or another roller weighing less than 3 tons. Broadcast seeding shall not be done when the wind makes it difficult to get satisfactory distribution. The Bermuda grass seed shall not be planted prior to April 15 or after September 15. Seed shall not be sown unless the soil has the optimum moisture content or more through a depth of at least 3 inches. WATERING: After the seeds have been sown, the moisture content of the soil will be tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling until an adequate moisture content has been reached. In the absence of adequate rainfall during the germination and early growth period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling operations. MULCHING: Mulching of seeded areas will not be required but may be employed at the option of the Contractor as an aid in reducing erosing and conserving soil moisture. If employed, the mulch shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture of the mulch. The proper application will allow some sunlight to penetrate and air to circulate, at the same time shading the ground. If desired, immediately after the mulch is spread, the material may be anchored to the soil by a cultipacker, disc harrow, or other suitable equipment. 0506-00 T7.doc T7-2 'ZEL, ENGINEERS SECTION T7 GRASSING ESTABLISHMENT AND MAINTENANCE: The Contractor is responsible for providing a satisfactory stand of living seeded grass in which gaps larger than 12 inches do not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever, shall be reseeded with Hulled Bermuda seed, and such reseeding shall be repeated until acceptance by the Engineer. The Contractor shall properly water, mow and otherwise maintain all grassed areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and reseeding at no additional expense to the Owner, if such damage occurs prior to acceptance of the project. EROSION CONTROL: In the event completion of grading operations of areas to be grassed extends beyond September 15, Bermuda seeding must be postponed until the following spring season. The Contractor will be permitted to seed such areas with Rye qrass at his own expense, if he so desires, to control erosion of the qraded areas. All mowing and maintenance operations during the fall and winter seasons will be the obligation of the Contractor. Erosion must be controlled by acceptable methods to prevent damage to the Owner's property or to adjacent property owners and to limit migration of silt to the streams. GRASSING TABLE Permanent Cover: Fertilizer: 5-10-10; 1800 lbs. per acre Agricultural Lime: 2 tons per acre Mulch: 2-1/2 tons mulch hay per acre Hulled Common Bermuda and Browntop Millet 10 lbs./Ac. 10 lbs./Ac. 4/1 - 6/30 Temporary Cover: Fertilizer: 10-10-10; 500 lbs. per acre Agricultural Lime: 1000 lbs. per acre Mulch: As Needed Sudangrass Rye Grass 60 lbs./Ac. 15 lbs./Ac. 4/1 9/1 8/15 - 10/31 PAYMENT: No separate payment will be made for grassing of the unpaved areas within the limits of the work disturbed by construction and all costs shall be included in the appropriate Lump Sum or unit price in the Bid. Grassing shall include all operations specified herein until a satisfactory cover of grass is obtained and accepted. 0506-00 T7.doc T7-3 'ZEL, ENGINEERS Grading, Filling and Backfilling: The grading shall conform to the requirements described in detail in the "Site Work" section specifications. Filling and backfilling shall conform to Section specifications. applicable of these T2 of the SECTION T20 ASPHALT PAVEMENT SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment, materials and performing all operations in connection with the pavement of the driveway and parking area of this project, in accordance with this section of the specifications, and subject to the terms and conditions of the Contract. GENERAL: Asphalt Pavement: Asphalt pavement shall consist of the excavation, filling, preparation and further compaction when necessary of the proof-rolled and recompacted subgrade, placing of the graded aggregate base course, application of bituminous prime coat, application of the binder course, tack coat, and an asphaltic concrete surface course and performing other items of construction as indicated or necessary to complete the pavement. SEASONAL LIMITATIONS: No bituminous materials shall be applied for surface treatment between November 10 and April 10, except with written approval of the Engineer. WEATHER LIMITATIONS: Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or base course is frozen or shows any evidence of excess moisture or when the moisture on the surface to be paved would prevent proper bond, nor when the air temperature is less than 450 F. in the shade away from artificial heat. APPLICABLE SPECIFICATIONS: All work and materials required under this section of the specifications shall conform to the applicable sections of the "Standard Specifications for the Construction of Roads and Bridges" of the Department of Transportation, State of Georgia. SUBGRADE: Excavation: The Contractor shall excavate the existing material as needed to provide for the base course. All unsuitable excavated materials that cannot be used in fill areas shall be wasted in spoil areas. Excavation shall be performed in a manner and sequence that will provide drainage at all times. All excavation shall be unclassified and considered common excavation for this project 0506-00 T20 Asphalt Pavement-doc T20-1 'ZEL. ENGINEERS SECTION T20 ASPHALT PAVEMENT Protection of Subgrade: The Contractor shall protect the subgrade from damage and shall keep it adequately drained. It shall be kept free from ruts and other depressions and in a smooth and compacted condition until the asphaltic binder course has been placed. GRADED AGGREGATE BASE COURSE: An 6" thick graded aggregate base course shall be constructed using Class A graded aggregate material conforming to the requirements of Article 816 of the Georgia DOT Standard Specifications. The graded aggregate base course shall be applied in accordance with the applicable requirements of Section 300 and 303 of the Georgia DOT Standard Specifications. Material shall be compacted to at least 100% of maximum density at optimum moisture content based upon the Modified Proctor Method, ASTM 0-1557. The base shall be drained by installing weeps at low points and intervals not to exceed 50 ft. BITUMINOUS PRIME: Bituminous prime shall be applied to the finished base course and to existing surface treatment at a rate of not less than 0.18 and not more than 0.23 gallons per square yard, using materials conforming to Article 820.00 of the Georgia DOT Specifications. Application of the bituminous prime shall be in accordance with Section 412 of those specifications. ASPHALTIC CONCRETE BINDER AND SURFACE COURSES: General: Areas required to be paved shall receive a 2" Binder Course and a 1- 1/2" inch compacted thickness surface course. The surface course shall be Asphaltic Concrete, Type E; the binder course, Type B. Materials: The materials used shall be in accordance with the following Articles from the Georgia DOT Specifications. Asphalt Cement Coarse Aggregate for Asphaltic Concrete Fine Aggregate for Asphaltic Concrete Mineral Filler 820.01 - Table 820.1 802.02 802.01 803.01 Mix: The job mix will be determined in accordance with the provisions of Article 400.04 of the Georgia DOT Specifications and shall require the approval of the Engineer. Application: Apply the asphaltic concrete surface course in accordance with the applicable requirements of Section 400, Georgia DOT Specifications. Compaction: Compact to at least 98% of the density of a laboratory specimen of the same mixture subjected to 50 blows of a standard Marshall Hammer on each side of the specimen, based on the Marshall Test Procedure, ASTM 0-1559. 'ZEL, ENGINEERS 0506-00 T20 Asphalt Pavement.doc T20-2 SECTION T20 ASPHALT PAVEMENT TESTS: Materials: The Contractor shall be responsible for having the materials he proposes to furnish tested to demonstrate this conformance to these specifications. Certified copies of Test Reports shall be approved by the Engineer prior to construction. Compaction and Thickness: Compaction and thickness tests will be made at the discretion of, and at locations specified by the Engineer, at no cost to the Contractor. RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by operation or acts by his agents or employees. Such restoration shall include, but not be limited to seeding, sodding, ornamental planting, repair or replacement of structures, or other facilities and shall be at least equal in quality to the original undisturbed condition. No such cost shall be incurred by the Owner. PAYMENT: ITEM P-l: Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P-2: Items associated with asphalt pavement repair and patching, including aggregate base (10 ~" thick) and asphalt patch (2 ~" thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 ~ " graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P-8: Curb and/or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum bid for the completed work. 'ZEL, ENGINEERS 0506-00 T20 Asphalt PavemenLdoc T20-3