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Home My WebLink AboutRaw Water Metering Stations '~ Augusta Richmond GA DOCUMENT NAME: RAW lP^"'l e;rz... Tn ~I "'~ ^' d ~ TA -r I 0'" S DOCUMENT TYPE: tof'J Tre.f\ C I YEAR: :;2-00 ~ BOX NUMBER: J ~ FILE NUMBER: Il.e lD S- 0 NUMBER OF PAGES: _130 I I I I I I I I I I I I I 'I I I I I I ~---....- (' I 11 L~~ --=--=-~-iL /~ C :{O-=-=-_._-===--==,'1 ~'I 'I I CONTRACT IJOCU1VIENTS AND SPECIFICATIONS F01,- RA W \" ATER IVIETERING STATIONS Augusta, Georgia Prepared for AUGUSTA UTILITIES ~~~._-_._~~::::....;: ~~ '\I "'G 11\(("""1'("" ~ ' /~~ !~)~~~~ ~ fJ:d~ ~, /' -=---=-----'=~ ~"', /{/ ~ ~~" // ,,';:;::::--- ""~'. ~ -...-; -..:" -7' /.~- """'=, "" /,- Y:;/ ;;;; O! ~ ' ! // ~:~<" . . .. , ", "''x,~ \ (ii ( ~ 'fl1(01 m ~ """, ~ I , A.:-__\ .... . IF"1( \, \ I rg}i! II ~itJ L' 'J(~'~ W ~11J ' \\ \. ~ [1- &,:1 ."Cl3r \;ij, ~ I \ \ r ~ InCid .l'. !..':!~;"':..'!~E.!.Q.,,,'~,, "." I "', I II ,): \' I 'CD>.'T""":,,,-;-=,~:",~,,? ' . ' "-=-0' , )'\! I IJ~ """'if -"r:''''''' ,." ,:..-, -', II ...:~~~~:, ~ if,' ~ t~ ~ . [ / ~2:t..t::~. ~'J '1:.3' '\ .' tl(-i=:'l. ,./ \~ '\ f~l!!;:f0,~~~~,~II~jllL~1~~ /)/ \\ , r.:.?-,,,,=-~"8,.,..,,. 7'=t~",{p.,~~2~.<f-/ ? ,~ ~<~:~_::::>// ,~-_ ~J~iR"Olf6!rr\i ~~/' ----~-=jLc;:1\~ ,U'.'\ . \.J'l,Llli'-, ~ -...;:~-- .~~--===~ I I I' I Ii l! II II l !i II I ! I l Ii II I I II II tl ,! ......._______ _..~~.___:__~-.. I~___ ,___~I--,JI _-...._._.l___.:n.;.,o~._~.___________~...______~______"'""'- Prepared by Cranston, Robertson & \Vhitehurst, P.C. ENGINEERS - PLANNERS - SURVEYORS 452 ElIi~ Street - P.O. Box 2546 Ali~t1sta, G~orgia 30903 Or:,tob~T, 20iJ2 :::::' ""A'."'.,"""'C'.".".,"O""""""R'""""''D'"'''''''''::':::jillsiiill:::itl':::;S::i~JI''''':'''It:::;.s:a::::j::::~::I:'bI':~:::(I''':'iii'\1:::::::'1':::~n;:j:::nS::R::KH;;tl':":'::::::::::::::::::::::::::::::::::::::::::::::::}?:::{{:::::::::::""'~;;~';;r;;;~~';;;'~; '::'::,""""""""""""""""""~",:'::':::~5ft::::~:::":,5",'~i~:::,,,:::e:i:,::~iE::::::id~m8"..~"',::!:::::::!::,:':::::,!:!:B,',:mm!M${5'::':'::::::::::':::::'::::::::':::'::::,:::,::':'::::::::,:::,:::':::,:':::,::,:::::':: 2/27/03 'nnnnn'nn'nn'..'......nnnnnnnnn'n'nnnnn....nnn'n'nn..'......nn404'~23';'~9'5'95nnnnnn'nn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Palmer & Cay of Georgia, Inc. 3348 Peachtree Road NE Suite 1400 Atlanta, GA 30326 COMPANY A Valley Forge Insurance Co Mabus Brothers Construction Co 920-B Molly Pond Road Augusta GA 30901 COMPANY B American Cas Co of Reading PA COMPANY C American Zurich Insurance Co THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IMM/DDIYYI DATE (MM/DDIYY) GENERAL L1ABIUTY TCP1030240706 6/30/02 6/30/03 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS, COMP/OP AGG $ 2000000 CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000 FIRE DAMAGE (Anyone fire) 100000 M ED EXP (Anyone person) 5000 AUTOMOBILE LIABILITY BUA1080690739 6/30/02 6/30/03 COMBINED SINGLE LIMIT X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPer person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY, EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ AUC930494400 6/30/02 6/30/03 EACH OCCURRENCE 5000000 AGGREGATE 5000000 OTHER THAN UMBRELLA FORM WC1030240740 6/30/02 6/30/03 EL EACH ACCIDENT 500000 TH E PROPRI ETOR/ INCL EL DISEASE, POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE, EA EMPLOYEE 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS RE: BID ITEM #02-214, RAW WATER METERING STATIONS FOR AUG. UTILITIES. PMmm@Am~:Hmk@gft.::::r:r:::::r:::::::i:::}::::}::?:???mrr::?::::::::?:i::=:, ... ." .. ,............................................ :::rr/:p.ANG$.;MtNpN:::rrr:::m:m:i ....... .................................................. ....... .............. .................. ................. ................., ................. ................. . . . . . . . . . . . . . . . . . ................. AUGUSTA-RICHMOND COUNTY CITY OF AUGUSTA PURCHASING DPT 530 GREENE ST ROOM 605 AUGUSTA, GA. 30911 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY lS:::'4't';::::(;::;:::::::o: "'" 'j~Qfl&':lZ$.i$Jltijijfff::::::):m):m::::m " ... .. .......... . . . . . . . . . . . . . . . . . . . . . . . .................. .................. ..... ........... :~Aq&ijItFQ&ijj@i.RA.tlQN::M)lj~: I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR RAW 'VATER METERING STATIONS Augusta, Georgia AUGUSTA-RICHMOND COUNTY COMMISSION The Honorable Bob Young Mayor Lee Beard Tommy Boyles Ulmer Bridges Andy Cheek Richard Colclough Bobby Hankerson Bill Kuhlke Williams H, Mays, ill Steve Shepard Marion F. Williams George Kolb Administrator Max Hicks Director, Augusta Utilities Department Cranston, Robertson & Whitehurst, P.c. Engineers - Planners - Surveyors Augusta, Georgia October, 2002 2001-303 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS SECTION TITLE NO. OF PAGES 1 3 4 2 1 1 3 5 1 I Invitation for Bids ill Instmctions to Bidders P Proposal BB Bid Bond CA Certificate of Owner's Attomey NA Notice of A ward A Agreement PB Perfomlance and Payment Bonds NP Notice to Proceed GC-O Index to General Conditions GC General Conditions SC-O Index to Special Conditions SC Special Conditions TS-O Index to Technical Specifications Technical Specifications 59 1 2 1 39 I I I I I I I I I I I I I I I I I I I l:\YIIAIJUi" IV DlIJ SC';'IJed Bids ,..-ill he. reeein:d in tills offi,~ until3:0(t p.TU" Fri(\;\Y. D~eembt:r '20, 20G:? for furnishin~ .)ll n1:1tC'ri:1h. I;',hn!'. m;\chinc,y, etc, nec('ssary t(l install eight 1':1\"- \YukI' metering stal1ons, with ;11J :1ppUrll'nal.ces referred to hl'f::ill ;\~: BlD ITEI\1 #02-214 R:1w 'Vater Metering Stations for Augusta Urilitie:s Bids \\ill be rccein:l1 by the City of August~ COlllmissiol! herein:.Jflcr rdetTfll to :1S th\.' O\\-;\.E[.:, ;\t the' oITl(C~ (Ii; Geri A. S31l1S The City of Augusta Purchasing Dcp:lt1IDcnt 530 Greene Sn'ect - Room 605 Augusta, Georgia 30911 At tile time and pbce noted abon the bids will be publicly opened and rcad. Bidding documents m3)' be obtained at th~ office of T1H' City of AUgl.lst3 Purchasing Dcp3rtmcnt, 530 Gre(:n~ Street- Hoom G05, AugllSta, GA 30911. Copic~ maybe obt:)ined upon payment of 565,00 non refundable for c.'\ell S('1. D0eUmCf\t~ tn3)' be cX:1mineo during regular business hours nt the offices of City of Augusta Purchasing DeparimeJIt. }'. \Y. Dod~e H.oom, AU~U~t;1, CA, Augu;;13 Duild~l's Exeh:ulg,-" Augllsta, GA, in the office of the Engineer, Cr;Hlsloll, Robertson & \\'1utel.1urst, P.c., 452 Ellis Street, Augusta, GA 30901. A Mandatory Pre-Bid Conference nill be conducted:lt 10:00 a.u~, Oil Friday, December 13,1002 in the Conference Room of the Purchasing Department, Room 605. It is the \\1sb of t11e Owner that rninorit;' businesses arc gh'en the opportunity to bid on the \':Jrious parts of the ,york. This desire on the part of thc OW}1er is not inknded to restrict or limit competitive biddi.ng or to incrcase the cost of the work. Tbe O\nler supper,ts a hC3.1iliy free m:ir'ket system th;1t seeks to include responsible businesses lllld pro\ide ampk opportUIuty for bu;;i..ness gro\\-1:h and development. ~o Bid may be withdl';l'wn for a period of 90 days ,lfrer time has been called on the date of opening, A 10% bid bonll is required to be submitted in a separate enwlope so marked along nith the bidders qualifications; a 100%. performance bond and a lOO()/o payment bond nill be required for <Iward. The Owners resenes the right to reject any or all bids and to waive tech,n.icalitics and informaliti('s. Please mark Bid Item number and Projcc[ Name on the outside of the envelope. Any objections to the specifications as set fOl1h should be filed in writing prior to bid opening. GERI A. SA.;,\.lS, Purchasing Dircctor Publish: Augusta Chronicle Metro Courier _ NO'rcmber 14, 21, Decemb('r 5, 12, 2002 - November 20,2002 cc: \Valtcr Hornsby l\'lax Hicks . Aug:'lSt.'t Equal Opportunity A:':Z"~~-1IJtiJitics I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the 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 himsel f 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 INTERPRET A TIONS No interpretation ofthe meaning of plans , specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Utilities, c/o The City of Augusta Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instmctions will be in the form of written addenda to the specifications which, ifissued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forn1s provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid fonns 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 forn1, or in the special specifications allow for partial bids. Failure to IE-I I I I I I I I I I I I I I I I I I I I 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 pat1nerships will be signed by all owners. Bids of corporations will be signed by an officer of the firn1 and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF A\VARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the perforn1ance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items ofthe proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of constmction. In case of error in extension of prices in a proposal, unit bid prices shall govern, IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERJENCE AND EQUIPMENT STATEMENT, giving reliable infom1ation as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-2 I I I I I I I I I I I I I I I I I I I IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use ofthe Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of al1 just claims for such work, tools, machinery, skill and tenns, for saving the Owner harmless from all cost and charges that may accrue on account of the doing ofthe work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do busine,ss in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-OS REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received, The right is reserved, however to waive any inforn1alities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged finn or a firm that has included such finns as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firn1. Ifthe finn does not fall into this category, no information is necessary. IB-3 I I I I I I I I I I I I I I I I I I I SECTION P PROPOSAL DATE: Dec, CO I Zooz. I Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and to perform all work for the project referred to herein as: RA \V \V ATER METERING STATIONS in strict accordance with the Contract Documents and in consideration ofthe amounts shown on the bid schedule attached hereto and totaling: 71A1O hUlUdc-pj ,LolJrl;:/1l ~H'~() USOAJ j,/~ ....... , and 00 /100 dollars (Z45:0/t;,{)O ) I The undersigned hereby agrees that, upon wrirten acceptance of this bid, he will \vithin 10 days of receipt of such notice execute a formal contract agreement with the O\vner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, ifawarded tte 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 Twenty (120) calendar days af.:er the date of such notice, The undersigned acknowledges receipt of the following addenda: ,! O1\.d Respectfully submitted, M~bLJS Bvos (J/.J'5-1 e. / /';C. FJR1vf NA.l\1E., /, I / "!) Zo ~.:J ,C'/1tJfRCI Ar~~~~1~~36/ , BY~~~~~&~/ -r; rJ1 I?'I...:J. ... 01. b 1/ S- TITLE: Pre.5l(;{eVlf- I P-l I. :~ .. I ~- I I' I I I I - I I II 11 ) I I I I I I. I BID SCHEDULE BIDDER: ADDRESS: ITEM NO. r. 1. 2. 3: 4, 5. 6. 7. 8. 9, 10, RA. W \V A TER }.,IETERlNG STATIONS 2001-303 DESCRIPTION. QUANTITY. UNIT & UNIT PRICE J\'IETERING STATIONS Metering Station Vault #1, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #2, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #3, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #4, Installed Complete \vith Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #5, Installed Complete 'with' Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #6, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #7, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum Metering Station Vault #8, Installed Complete with Piping, Valves, By-pass & Appurtenances Lump Sum 12" Pressure Class 350 Restrained Joint Ductile Iron Pipe, Installed Complete (Including Fittings) 60 L.F, @ S (;, 6. tJ() /L,F. 10" Pressure Class 350 Restrained Joint Ductile Iron Pipe, Installed Complete (Including Fittings) 160 L.F. @ $ 4 r;, DO, /L.F. P-2 AMOUNT s 23/8/0.00 , sZ318/0.00 , S Z(PI 2:&0.00 ~ s 3C:, I 7&'0, tJ() , S ;?Z/ ZEO, 06 ~ s ZO/41t:J.OtJ I s 20, 7.:M, 00 , sZ3181tJ.06 , s 3. ~()(),()!J , s 7; 3tO. O{) , I- , ; I I I I I I I I I I I I I I I I I I ITEM NO. 11. 12. 13. 14, 15, 16, 17. 18. II. 1. 2. III. ' 1. 2. .., :>. DESCRIPTION. OUA.NTITY. U~lT & Ul'."IT PRICE S"Pressure Class 350 Restrained Joint Ductile Iron Pipe, Installed Complete (Including Fittings) 80 L.F, @ S ,3f, ~ 0 /L.F, 6" Pressure Class 350 Restrained Joint Ductile Iron Pipe, Installed Complete {Including Fittings) 80 L.F. @ S 4 0, 6lJ /L.F, 4" Pressure Class 350 Restrained Joint Ductile Iron Pipe, Installed Complete (Including Fittings) 80 L.F, @ S ZfJ, Zq /L.F. 2" Class 200, SDR-14, C900 PVC, Installed Complete (Including Fittings) 100 Each @ S 25, tJ() lEach 10" Gate Valve, Including Valve Box, Installed Complete 1 Each @ S 5(;,5. 66 lEach 6" Gate Valve, Including Valve Box, Installed Complete 2 Each @ $ 4- 8 2'. O() lEach 4" Gate Valve, Including Valve Box, Installed Complete 1 Each @ S 31-c'. 60 iEach 2'1 Ball Valve, Including Valve Box, Installed Complete 3 Each @ S 1;5(;, OD lEach Subtotal STREETS Asphalt Pavement Demolition 90 S.Y. @ S 4, ()() /S,Y. 2" Asphalt Paving with 6" Graded Atgregate Base 80 S,y' @ s 38, 0 /s.y. Subtotal MISCELLANEOUS Soil Erosion and Sedimentation Control Mec.sures, Lump Sum Grassing Lump Sum Lump Sum Construction Lump Sum P-l AlvIOUi\T s 2.7ZO, 00 I s 3, 2CO, 00 I s Z, zt,D, O(J / S ?/ ~()(). otJ ----"7 s :;; & !5", tJO s 9 C, 4-,67;; s 31-r;, (){J s 5~B,(j) s 2ZZ,7/3,{K) . s 3,C:{J.QO s ~ o7Z, 00 , s 3,4~Z.OO . s 3, _5W,CtJ I s Z;~~,()O , s 8, 77cJ.O[J I DESCRlPTION. QUANTITY. U1\1T & UNIT PRlCE Rock Excavation and Suitable Backfill (not including normal pipe bedding) 20 c.Y. @ S 9[;, O() /C.Y. Imported Select Backfill 40 c.Y.@ S !O,06 /C.Y. Overcut Excavation and Removal of Unsuitable Material and Suitable Backfill (not including normal pipe bedding) 40 C.Y. @ S q-D, 00 /C.Y. Subtotal GRt\NDTOTAL P-4 ANI 0 UNT s /, 7 CO, rJZ) I S 400, (Jt) s 2Cl2:5. 03 I S fa 970 DO . s Z96"O/b.OO I I BID BOND I Conforms with The American Institute of Architects, A.I.A. Document No, A-310 K1\O\V ALL BY THESE PRESE?\TS, That we, Mabus Brothers Construction Co., Inc. I as Principal, hereinafter called the Principal, I and the Travelers Casualty and Surety Company of America I of Hartford, CT , a corporation duly organized under the laws of the State of Connecticut , as Surety, hereinafter called the Surety, are held and fimlly bound unto I Geri A. Sams, The City of Augusta Purchasing Department as Obligee, hereimfter called the Obligee, I in the sum of Ten Percent of Bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ Ten Percent of Bid ) ,for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I I \VHEREAS, the Principal has submitted a bid for Raw Water Metering Stations for Augusta Utilities I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract \\~th the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents \\ith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, othef\\~se to remain in full force and effect. I I Signed and sealed this 20th day of December 2002 I ~~~ Witness Construction Co., Inc. (Seal) ,0 p/?iPal Title I I ~~.~~ Witness Travelers Casualty and Surety ~ompany of, America { /t./ '? /-. L By /1 ,/(;;7//4'41 ~~~~~~'7 Attorney-in-Fact I I I S,0054/GEEF 12/00 FRP I' I I I I I I I I I I I I I I I I I I TRAVELERS CASUALTY Ai\'D SURETY CO~'IPA-"Y OF AMERICA TR-\VELERS CASUALTY Al\'D Sl.TRETY CO;VfPANY FARi\LL'iGTON CASUALTY COMPASY Hartford, Connecticut 06183-9062 POWER OF ATTORi\"EY Ai\"D CERTIFICATE OF AUTHORITY OF ATTORSEY(S)-Th'-FACT Ki\'O\Y ALL PERSO:\S BY THESE PRESE:\TS, THAT TRAVELERS CASUALTY AJ.'\'D SURETY COMPA,NY' A"MERICA, TR-\.VELERS CASUALTY Al'IlJ SURETY COlYWA:\Y,and FARML\"GTO:\ CASUALTY CO;\'IPA corporations duly organized under the laws of the State of Connecticut, and ha\ing their principal offices in the City of Hartl County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by 1.: presents mi:ke, constitute and appoint: W, G. Van Buskirk,James R \ViIJiams, Cynthia 01, \Vard, Renee A. Lauth, of Atla Georgia, their true and lawful AUorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowlel at any' place within the United States, the follo\ving instrument(s): by hislher sole signature and act, any and all bo; recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditie undenaking and any and all consents incident thereto and to bind tlle Companies, thereby as fully and to the same extent as if same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to authority herein given, are hereby ratified and confirmed. This appointment is made tu1der and by authority of the follo\\ing Standing Resolutions of said Companies, which Resolutions now in full f.Jrce and effect; VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, ; Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-F and Agents to act for and on behalf of the company and may give such appointee such aUl.11.ority as his or her ce:1ificate of authority may prescr to sign with the Company's name and seal will] the Company's seal bonds, recognizances, contracts of indemnity, and other \\ritings obligator: the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any s; appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Preside may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation in \\-TIting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or \\TIting obligatory in the nature of a bond, recognizance, or cc .!itiOI underta.1.:ing shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice Pres:.. :11, a Senior ,Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secreta:-:. or a Assistant Secretary and duly attested and sealed with the Company's seal by a Secretmy or Assistant Secretary, or (D) duly executed (under seal, required) by one or more Attorneys-in-Fact and Agents pillsuant to the power prescribed in his or her certificate or their certificates of authority by one or more Company officers pursuant to a \\TItten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and t authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURET C01\IPAl'IT OF AMERICA, TRAVELERS CASUALTY Al";']) SURETY COl\U>ANY and FAR\HNGTON CASUALT COM:PANY', which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice Preside:;t, any Se:lior Vice President, any Vic President, any Assistant Vice Presid~nt, any Secretlli)'. &(1)' Assistant Secretary, and the seal of the Company ma;' be affixed by facsimile to an power of attorney or to any certificate relating thereto appDinting Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact fc purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, a.'1d any such power of attorne or certificate bearing such facsimile signature or facsimile seal shall be \'alid and binding upon the Company and any such power so executed an certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond 0 undertaking to which it is attached, (11,00 Standard) I' L, \VITNESS WHEREOF, TRt\. VELERS CASUALTY A1\'D SURETY COi\fPAl'IY OF AMERlCA, TRt\. VELERS CASuALTY A1\'D SURETY COI\lPA.!'iY and FARMll,GTON CASUALTY COi\IPAJ\T have caused this instrument to be I signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of March 2002, I STATE OF CONNECTICUT } 55, Hartford 1RA VELERS CASVALTY M,D SURETY C01Yll:",\,;'Il' OF A.:\[ERICA TR-\VILERS CASUA..LTY A...1';"]) Sl....RETY CO:\1?A"\Y FARMINGTON CASUALTY CO;\IPASY I COUNTY OF HARTFORD ~'~- - .' ~o,l\1ll-~lnl~I'~/;'" .~ ~',o SU1;r)o~~ 1/:5"..........-... c:'" f!~1 "\~ I ~ J i HA.'ilrOR:J.\ ~ ~ ~;i. Cctl.'I. I~a ~'-. ..,## .... ...._..:',..';;O...rl './ . '~~ IIr"'" By George W, Thompson Sen'ior Vice President I On this 7th day of March, 2002 before me personally came GEORGE \V. THOMPSON to me lmown, who, being by me duly I sworn, did depose and say: that he/she is Senior Vice President of TR-\ VELERS CASUALTY A.!'\"D SURETY CO~fPANY OF A:"\IEPJCA, TH,..--\ '\"ELERS CASUALTY A..i\-n SURETY COI\IPA1\1' and FAR"\ffiGTO:\' CASUALTY CO:\IPA..l\;'Y, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals I affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. I ~~ t~ I My commission expires June 30, 2006 Notary Public Marie C. Tetreault I CERTIFICATE II, the undersigned, Assistant Secretary of TRAVELERS CASUALTY Ai"""n SURETY COlVIPA..:......l' OF AMERICA, TRAVELERS CASUALTY Al\"D SURETY COIVIPMl' and FA,Rt"\-IINGTON CASUALTY COMPM"Y, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Pmrer of Attorney and Certificate of Authority .~emains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set .orth in the Certificate of Authority, are now in force., ~ Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this c;t) day of I~ ,20~~ .' .,,~W1I'l:LIl~IIJl.,/~ I .#'\~IO Sl!ltr~'.\. ;.': $ ......-.-....~~ '\ fa'f \~ i ~ ;! i HA;:r.rOilD, I ~ j ~'; \ CCNN. I ~i! ~., ..' #", I ...... ",-".' $'-:/' './ . ~~#'" 1rl"n1l1I.iJ..f.. ~ - ;/!/L" /:)l ~ By , ~ Kori M. Johanson Assistant Secretary, Bond I I I I I I I I I I I I I I I I I I I I I I CERTIFICATE OF O\VNER'S ATTORNEY I, the undersigned James B. Wall , the duly authorized and acting legal representative of Augusta, Georgia, do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: CA-l I ~u - . NOTICE OF AWARD I I DATE: 02120/2003 CONTRACTOR: I Mabus Brothers Construction Company, Inc. ADDRESS: 920 Molly Pond Road I Augusta City GA State 30901 Zip Cece I PROJECT: Raw Water Meter Stations Installation PROJECT NO: 10999 I At a meeting of the Augusta Commission you were awarded the Contract for the following Project: held on (Date) 02103/2003 I Raw Water Metering Station Installations I Enclosed please find 5 copies of the Contract Documents for your execution, Please complete the I pages, affixing signatures, da'tes, notary and/or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. I Power of Attorney must be submitted in triplicate; an original and two copies is permissible, Very truly yours, I Augusta Program Management Team I 2003 I ~'N~'","'Y',"=W'."~ ~". ~;~ Please sign and return one copy of this Notice of Award Acknowledgement to: I Title CH2M HILL I Attn: Program Management Team I 360 Bay Street; Suite 100 Augusta, GA 30901 I I I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 6 of March, 2003, by and between AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and MABUS BROTHERS CONSTRUCTION COMPANY, mc" party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafternamed, agree as follows: ARTICLE I - SCOPE OF THE \VORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans described in the speci fications for the proj0ct entitled: RAW WATER METERING STATIONS and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION -- LIQUIDATED DAMAGES The work to be perfornled under this Contract shall be commenced within ten (lQ) calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within One Hundred Twenty (120) calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion ofthe work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at sLlch rate of progress as will insure full completion there of within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay to the Owner the sum of Two Hundred Dollars ($200.00), 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. A-I I I I I I I I I I I I I I I I I I I I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III - PAYMENT (A) THE CONTRACT SUM The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) PROGRESS PAYMENTS On no later than the fifth day of every month, the Contractor shall submit to the Owner an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day ofthe preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only quantities in place and at the unit prices set forth in the bid schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount ofthe estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully perfomled he will promptly issue a final certificate, over his own signature, stating that the work required by the Contract has been completed and is accepted by him under the tenns and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A-2 I I I I I I I I I I I I I I I I I I I (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturers' guarantees, It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without tem1inating 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 tem1S 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. (SEAL) AU~EO:IA As its Mayor1 i ~ ~ I rk f),,J-!!!& l.l) Witness h1.b~!7 MABUS BROTHERS CONSTRUCTION CO., INC. (SEAL) BY~~ As Its =.5' tJGI<I7 Address: 9~d /lZu....y IbNtJ f?()/'H:J //-te ~ U.s 7' r:l, 6/.1. 3 090 J , ATTEST: ~~,M~ ~ u .,...... .::;-- - ~L ..., ., -/ ~ --' , .:..- r-Z..- " ,- _..:.::: -.,0.: ~, ...-- .~~ 1,/4 '. ...:':'- ~ . A-3 I AlA Document A3l2 Bond No.103800533 I Performance Bond Conforms with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 1 CONTRACTOR (Name and Address): Mabus Brothers Construction Co., Inc. I 920 Molly Pond Road, Augusta, GA 30901 OWNER (Name and Address): I Augusta Richmond County Purchasing Department 530 Greene Street, Augusta, GA 30911 I CONSTRUCTION CONTRACT Date: Amount: $245,015.00 I SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Raw Water Metering Stations for Augusta Utilities I BOND Date (Not earlier than Construction Contract Date): Amount: $245,015.00 I Modifications to this Bond: CONTRACTOR AS PRINCIPAL 1 Company: (Corporate Seal) Mabus Br:~h::~ CQnsl~C,~:,~. " Inc, . I Slgnature:,-' ' ~.. . . v.1 Name and:Title: ~-'?1fI1l 6~t:>(...s s V.. (Any additional,sig';ll!tl}!:-e~ pp~~rffm page 't I (FOR INFORMAHON ONLY'~ci'Jame, Address and Telephone) AGENt or-BROKER: Palmer & Cay of Georgia, Inc - Phone (404) 231-9595 p, O. Box 52427, Atlanta, GA 30355-0427 11 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 12 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1, 13 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor DeFault and has requested and attempted to arrange a conFerence with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to I I I SURETY 5026 (6-92) S-18521GEEF10/99 Page 1 of2 I ", .: ;' : I2l None . ", -'-0 See Page 2 .: _' ;.' -"- ~. ...~'::- --;. ...... r . -... "- SURETY /,_ ':;.. _ . , Company: "(Corporate Seal) Travelers Casualty and Surety Company of . ~~~ - Signature: W g t/t2I1 ~ Name and Title: W. G, Van Buskirk, Attorney-in-Fact OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, iF any, subsequently to declare a Contractor DeFault; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perFoml the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: .Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) -=ONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: &ignature: ~ame and Title: Address: I I. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perForm and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals From qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with perFormance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or I I I 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount For which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons thereFor, 5 If the Surety does not proceed as provided in Paragraph 4 with I reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 14.4" ~nd t?e Owner re~uses the p~yment tendered or the Surety has denied lIability, In whole or In part, WIthout further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Iconstruction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the Ilimit oFthe amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor For correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting From the actions or Failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. .1 I I I I MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1 I S-18521GEEF 10/99 Page 2 of 2 I 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors, 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perFormed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf oFthe Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, (Corporate Seal) Signature: Name and Title: Address: I AlA Document A3l2 Bond No. 103800533 I Confo~ ~~~~ri~'~~!f Arc~~~A~ocumcnt A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 1 CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Mabus Brothers Construction Co., Inc. Travelers Casualty and Surety Company of America 1920 Molly Pond Road, Augusta, GA 30901 One Tower Square, Hartford, CT 06183 OWNER (Name and Address): 1 Augusta Richmond County Purchasing Department 530 Greene Street, Augusta, GA 30911 1 CONSTRUCTION CONTRACT Date: Amount: $245,015,00 I Description (Name and Location): Raw Water Metering Stations for Augusta Utilities 1 BOND Date( Not earlier than Construction Contract Date): Amount: $245,015.00 I Modifications to this Bond: CONTRACTOR AS PRINCIPAL 1 Company: . '.; -;' , Mabus Broth~rs ConstnJct'rr,po" Inc. :~~' ," , , ':~~ ~~ 1 Signature:" - ':- :. Name and]'itIe: ::k1!!fft '0: ipo~t.. 513 y (Any additional signatures ap ea1;,<<:m page 2.) I(FOR fNFOR:M..A..TION'ONLV- Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc - Phone (404) 231-9595 P. O. Box 52427, Atlanta, GA 30355-0427 11 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein by reFerence. 12 With respect to the Owner, this obligation shall be null and void iF the Contractor: 2.1 Promptly makes payment, directly or indirectly, For all sums due Claimants, and (Corporate Seal) t// 1 1 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is For the payment for labor, materials or equipment furnished for use in the perfornlance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. I 1 SURETY 5026 (6-92) S-1853/GEEF 3/00 Page 1 of 2 I -' :- I2l None ~~:<q S~e' Pag~2,/ ., : ""-,_'-::'~ -.-"-"'_._r--'_.,~<"- r,r:. . '(C~;Porat~e Seal) SURETY Company: Travelers Casualty and Surety Company of America ~ ~ Signature: if/' j/~ Name and Title: W. G. Van Buskirk, Attorney-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last Fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were Furnished or supplied or for whom the labor was done or perFormed; and .Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) I=ONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: aignature: ~ame and Title: Address: I S-1853/GEEF 3/00 I .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 15 If a notice required by paragraph 4 is given by Owner to the Contractor r to the Surety, that is sufficient compliance. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the Following rctions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, 6.2 Payor arrange for payment of any undisputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in .ood Faith by the Surety. . Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfornlance Bond, By the -=ontractor furnishing and the Owner accepting this Bond, they agree that ~l funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for .he completion of the work. F . ~e Surety shall not be liable to the Owner, Claimants or others for obligatIOns of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or Ixpenses of any Claimant under this Bond, and shall have under this bond 10 obligations to make payments to, give notices on behalf of, or otherwise lave obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of I'me, to the Construction Contract or to related subcontracts, purchase rders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond lother than in a court of competent jurisdiction in the location in which I I ~ ~OorFlCA nONS TO THIS BOND ARE AS FOLLOWS: I I Page 2 of 2 I the work or part of the work is located or after the expiration of one year From the date (I) on which the Claimant gave the notice required by Subparagraph 4, I or Clause 4,2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (I) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a deFense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page, 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly Furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished, 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Corporate Seal) Signature: Name and Title: Address: I TRAVELERS CASUALTY A.1'ID SURETY COMPA1"IY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNllNGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 I POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT I KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: W. G. Van Buskirk, James R. Williams, Cynthia M. Ward, Renee A Lauth, Betsy L. Teel, Martha Newton Hurst, of Atlanta, Georgia, their true and lawful Attorney(s)-in-Fact, "vith full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the dilly authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: I I I I VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and. revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is f1.led in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. ' I I I I I This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: I VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any I power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shaIl be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shaIl be valid and binding upon the Company in the future with respect to any bond or I undertaking to which it is attached. 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The date set for completion of all work is therefore BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of ,20_ BY: TITLE: NP-l I I I I I I I I I I I I I I I I I I I SECTION GC-O INDEX TO GENERAL CONDITIONS ARTICLE -01, Definitions -02. Preliminary Matters -03. Contract Documents: Intent, Amending, Reuse -04. Availability of Lands, Physical Conditions, Reference Points -05. Bonds and Insurance -06, Contractor's Responsibilities -07. Other Work -08. Owner's Responsibilities -09. Professional's Status During Construction -10. Changes In The Work -11. Change of Contract Price -12. Change of Contract Time -13, Warranty and Guarantee; Tests and Inspections: Correction, Removal or Acceptance of Defective Work -14. Payments to Contractor and Completion -15, Suspension of Work and Termination -16, Dispute Resolution -17. Miscellaneous GC-O I I I I I I I I I I I I I I I I I I I SECTION GC GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following tern1S 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 fonn 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 perfollned. 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 togetherwith all amend- ments, 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. GC-l I I I I I I I I I I I I I I I I I I I Revision Date August 2001 CONTRACTOR-The person, firm or cOlvoration 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 on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th ofJuly, 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 deficient, does not confoml 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 reconmlendation 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 perfomled 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 ifno 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. OFVNER- 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. GC-2 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 PROFESSIONAL-The Architectural/Engineering finn or individual or in-house licensed person designated to perfornl the design and/or resident engineer services for the Work. PROGRAM MANAGER - The professional fiml or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project- The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof, Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfomlance charts, instructions, diagrams and other infomlation prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specificatiolls- Those portions of the Contract Documents consisting of written teclmical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-A.Jl individual, finn or corporation having adirect contract with CONTRACTOR orwith any other SUBCONTRACTOR for the perfonnance 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 ifthere be no such certificat~ 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. Supplemental)1 Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. GC-3 I I I I I I I I I I I I 1 I I I I I I Revision Date August 2001 Undergrollnd 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 perfornling 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 OWJ\TER and CONTRACTOR on or after the Effective Date of the Agreement and nonnally dealing with the non- engineering or non-technical rather than strictly Work-related aspects ofthe Contract Documents. GC-4 I I I I I I I I I I I I 1 I I I I I 1 Revision Date August 2001 ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Docllments: 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 COil tract 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. Startillg the Project: 2.4. CONTRACTOR shall begin the \V ork 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 ofthe 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: GC-5 I I I I I I I I I I I I I I I I I I I Rcvision Datc August 2001 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 confim1ed in ",,'riting by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which 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, O\VNER , 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 OVlNER 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 shaH be made to CONTRACTOR until the schedules are submitted and acceptable to O\V1\TER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression ofthe Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibi lity for the sequencing, scheduling or progress ofthe 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-6 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Illtellt: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the perforn1ance 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 teclmical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the perforn1ance 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 perforn1ance 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. GC-7 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Amending (lml Supplementillg COlltmct Docllments: 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 forn1al Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or 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 ofa 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-8 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lauds: 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 O\VNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2,2, CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "teclmical 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 ofthe 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 infornlation 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 infornlation. 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 GC-9 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 O\^/NER 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 Cbntract 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 tenns of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be perfonned after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4,3,1. Shown or Indicated: The infonnation 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 OW1\TER 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 infonnation 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 ofthe Work with the OWNER'S of such Underground Facilities during constmction, for the safety and protection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2, Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as pernlitted by paragraph 6.22, identify the OWNER ofsuch Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to detennine 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 GC-10 I I I I I I I I I I I I 1 I I I I I I Revision pate August 200 I 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 req\lires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 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 ofthe Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6,22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirn1 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 cOlmection with such hazardous condition or in any such affected area until after OW1\TER has obtained any required pern1its 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 Calmot agree as to entitlement to or the amount or extent of an adjustment, ifany, 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 beliefit is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion ofthe Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR calIDot 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 ofthe 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 perfom1ed by OWNER's own forces or others in accordance with Article 7. GC-ll I I I I I I I I 1 I I I I I I I I I I Revision Dale August 2001 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-12 I I I .1 I I I I I I I I I I 1 I I I I Revision Date August 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish perfonnance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful perfonnance 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 fornls 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 anQ 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 O\VNER or any other additional insured) which CONTRACTOR is req uired to purchase and maintain in accordance with 5.3, 5.2.3, lfthe surety on any Bond furnished by CONTRACTOR is declared bankrupt orbecomes insolvent or its right to do business is temlinated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5,3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being perfonned and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfonnance and furnishing of the Wark and CONTRACTOR's other obligations under the Contract Documents, whether it is to be perfonned or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any ofthem to perfonn or furnish any of the Work, or by anyone for whose acts GC-13 I I I I I I 1 I I I I I I I I I I I I Re\'ision Date August 200 I any ofthem 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; 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 ofbodily 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 ofliability 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 OW1\TER, 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 h\lo years after final payment and fumish OW1\TER 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. GC-14 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 co\'erage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), If not covered under the "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, GC-15 I I I I I I I I I I. I I I I I I I I I Revision Date August 2001 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, ifpossible, include such insurance, and the cost thereofwill be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to com- mencement 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, PROF- ESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and ifthe insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Applicatioll 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 O\VNER 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. Ifno 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 alld Applicatioll of Illsurallce 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 ofloss to OWNER's exercise ofthis power. Ifsuch objection be made, OWNER, as trustee, shall make settlement GC-16 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 with the insurers in accordance with such agreement as the patiies in interest may reach. Ifrequired 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. Acceptal1ce of Il1sural1ce: 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 CON- TRACTOR 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 O\VNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilizatiol1-Property Il1sural1ce: 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 necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Il1demnification 5.16.1. CONTRACTOR shall indemnify and hold harn1less OWNER, PROGRAM MANAGER, and its employees and agents from and against allliabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the perfonnance 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 indirectlyemployed 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 GC-17 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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-18 I I I I I I I I I I I I I I I I I I I Revision Date 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 perfoml 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 \\lork, 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 CON- TRACTOR. 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 lay out the Work and perform construction as required by the.Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be perfomled during regular working hours, and CONTRACTOR will not pennit evening work or the perfomlance 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 hUllish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or pemlanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as othelWise provided in the Contract Documents, Ifrequired 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 othelWise 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, anydutyor authority to supervise or direct the fumishing or perfollnance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9,15. GC-19 I I I I I I 1 I, 1 I 1 I I I 1 I 1 1 I Revision Date August 200 I Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1. 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 pern1itted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient inforn1ation is submitted by CONTRACTOR to allow PROFESSIONAL to detern1ine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial 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 ofthe 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 infom1ation to allow PROFESSIONAL to detennine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General Requirements. GC-20 I I I I I I I I I I I I I I I I I I I Revision Date August 200 I 6,7,3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special perfonnance 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. COllcernillg Subcolltractors, 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. 6.8,2. Ifthe Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materia Is 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 thereofin 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 perfornling or furnishing any ofthe Work under a direct or indirect contract with CONTRACTORjust as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OW1\TER 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. GC21 I I I I I I I I I I 1 I I I I I I I I Revision Date August 2001 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 behveen CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable tenns and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account 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 OWJ\TER 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 perforn1ance 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 cdnstruction pem1its, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All pemlit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and perfomlance 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 Proj ect Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR perfom1s any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. GC-22 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 ofthe 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 pennitted by Laws and Regulations, indenmify and hold OWNER hannless 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. 6,18. CONTRACTOR shall not load nor ptmnit 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 DocumeTlts: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. GC-23 I I I I I I I I I I I I 1 I I I I I I Revision Date August 200 I 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 propeliy. 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 CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. 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. Emergellcies: 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 GC-24 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 detennines 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 infonnation necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements ofthe Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for confom1ance with the design concept of the Project and compliance with the infom1ation given in the Contract Documents. The approval ofa separate item as such will not indicate approval ofthe 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 orsample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has detem1ined 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. GC-25 I I I I I I I I I I I I I I I I I I I Revision' Date August 2001 6,24,2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have detenl1ined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.24.3. 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 confom1ance with the design concept of the Project and for compliance with the infom1ation 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 ofshop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval ofthe pertinent submittal will be atthe sole expense and responsibility of CONTRACTOR. Continuing tlte 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 pem1itted 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 GC-26 I I I I I I I I I I I I 1 I I I I I I Revision Date August 200 I 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 ofthe site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regu]ations, 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 injury, sickness, disease or death, or to injury to or destruction oftangib]e 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 Regu]ations regardless of the negligence of any such party. 6.33. In any and all claims against O\VNER, 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 Iiab]e, 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 CONTRACT OR 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-27 I I I I I I I I I I I I 1 I I I I I 1 Revision Date August 200 I ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work perfomled by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. Ifthe 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 perfomlance 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 \vork 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 benefi t 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 CONTR..A.CTOR's \Vork except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC-28 I I I I I I I I I I I I, 1 I I I 1 I I Revision Date August 2001 ARTICLE 8---0\VNER'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 oftermination 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 fornler 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 cOlUlection 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-29 1 I I I I I I I I I 1 I I 1 I I I I I Revision Date August 200 I ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of O\VNER 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 detennine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress ofthe Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. IfO\VNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the perforn1ance 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 O\VNER 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 fom1 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 \Vork: 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 GC-30 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 perfoml the \Vork involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or 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 \:York performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary detemlinations on such matters before rendering a written decision thereon (by reconmlendation 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 perfornlance 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 GC- 31 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 giving rise thereto) and written SuppOliing 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 9.1 0 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 ofa decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations 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 perfoffi1 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 perfoffi1ing any of the Work. GC-32 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE lO--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OW1\TER shan 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 shan 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 perfom1ed 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 \\lork Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The \Vork Change Directive will specify a price, and ifapplicable 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 perfom1 the work as directed by the Work Change Directi ve. 10.5. CONTRACTOR shall proceed di ligently with perfonnance of the \V ork as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-33 I I I I I I I I I I I I I I I I I I I Revision Date August 200 I ARTICLE ll-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for perfonning the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. I 1.2. 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 ofthe amount ofthe 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. I I 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 adj ustment in the Contract Price will be detemlined 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 detemlined by OWNER that an addition, deletion, or revision to the Vlork, 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. GC-34 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. lfthe 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. OW1\TER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perfornl the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis ofthe scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost oftlte Work: 11.4. The tenn Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost offringe 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 perfonning 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 cOlmection therewith, All cash discounts shall accme 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 retUI11S from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. GC-35 I I I I I I I I I I I I 1 I I I I I I Revision Date August 2001 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work perf01111ed 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, attol11eys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4,5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the perf01111anCe 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 tenns of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for pe1111its 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 perfomlance and fUl11ishing 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 GC-36 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6,2. 1104.5.7. The cost of utilities, fuel and sanitary facilities at the site. 1104.5.8. 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. 1104,5.9. 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 teml Cost of the \\fork 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 1104.1 or specifically covered by paragraph 11.4A-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.504. 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] ] 04,5.9 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. 1] .5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 1] A. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be detem1ined as follows: GC-37 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 ofthe Costofthe 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 CONTRACTOR's Fee shall be computed on the basis ofthe 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 fom1 as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis ofthe 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 urnt, 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 GC-38 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. Ullit Price Work: 11.9. I. Where the Contract Documents provide that all or part ofthe 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. Detem1inations 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 ofW ork 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 II ifthe parties are unable to agree as to the amount of any such increase. GC-39 I I I I I I I I I I I I I I I I I I I Revision Dale August 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may detennine. CONTRACTOR shall be entitled to an extension oftime for such causes only for the number of days of delay which OWNER may detennine 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 intenuption, interference, inefficiency, suspension or delay in the perfoffi1ance, 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 perfoffi1 or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for intenuption, interference, inefficiency, suspension or delay of any aspect ofthe Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-40 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 13--WARR-\NTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, RE.\IOV AL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guara/ltee: 13.1. CONTRACTOR walTants 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 refelTed to in this Article. All unsatisfactory Work, all faulty Work and all Work not confoffi1ing 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, cOlTected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests a/ld I/lspectio/ls: 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 fim1(s) (ifassigned 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 perfOlmed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). GC-41 I I I I I I I I I I I I 1 I I I I I I Revision Dale August 2001 13.6. If any Work (incl uding 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. 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 perfornl the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13,8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or othe[\vise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. Ifit 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 O\VNER 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 Jl,fay Stop tlte Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable matelials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. GC-42 I I I I I I I I I I I I I I I I I I I Revision Date August 200 I Correctioll or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. Olle Year Correctioll 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 oftime as may be prescribed by law or by the tern1S 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 ifit 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. Acceptallce of Defective Work: 13.13. If, instead of requiling correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, O\V1\TER may do so. CO>JTRACTOR 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 O\VNER. 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 GC-43 I I I I I I I I I I I I 1 I I I I I I Revision Date August 200 I required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perfoml the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OW1\TER 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 froin all or part ofthe 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 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 perfornlance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to O\VNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may ternlinate 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-44 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Applicatioll for Progress Paymellt: 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 ofthe date of the application and accompanied by such supporting documentation as is required by the Contract Documents. Ifpayment 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 OW1\TER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warrallty of Title: 14.3, CONTRACTOR walTants 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 OW1\TER no later than the time of payment free and clear of all Liens, Review of Applicatiolls for Progress Payme/lt: 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 ofpresentation to him of the application for payment \vith PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROF- ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design GC-45 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recol1U11ended. 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 ofthe Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7,2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7,3. OWNER has been required to correct defective Work or complete 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 perfonnance 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. GC-46 I I I I I I I I I I I I I I I I I 1 I Revision Date August 200 I 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 provisions ofthe 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 fomieen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties, Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part 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 perfonnance of the remainder ofthe Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: GC-47 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 14.10,1. OWNER at any time may request CONTRACTOR in writing to pennit 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 ofthe 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 detelmine 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 ofthe 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 pemlit 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 ofthat part ofthe Work to detemline its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together v'lith a written recommendation as to the division of responsibilities pending final payment between O\V1\TER 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 COlTect 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. FillalIllspectioll: 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 CON- GC-48 I I I I I I I I I I I I 1 I I I I I I Revision Date August 2001 TRACTOR and wi 11 notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and O\VNER 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 furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness cOlmected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 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 ofthem 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 ofthe 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 GC-49 I I I I I I I I 1 I I I 1 I I I I I I Revision Date August 200 I been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (l0) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate fonn and substance and with PROFESSIONAL's reconm1endation 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 confimls, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without tenninating 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 tern1S and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OvVNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereofby OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perfom1 the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver ofC/aims: 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 GC-50 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 pursuant to 14.11, from failure to comply with the Contract Documents or the temlS 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-51 I I I I I I I I I I I I I I I I I 1 I Revision Date August 2001 ARTICLE 15--SDSPENSION OF WORK AND TERl\lINATION OWNER May Suspend Work: 15.1. OWI\TER 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 Calise: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any 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 ofthe 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 properiy 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 ac~ordance 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; GC-52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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, ifthere be one) seven days' written notice and to the extent permitted by Laws and Regulations, tern1inate the services of CONTRACTbR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Ifthe 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 tennination, the tern1ination for convenience provision will be the means for disposition ofthe balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date oftennination, including Jail' and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in perforn1ing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4,3. For all claims, costs, losses and damages incurred in settlement oftern1inated contracts with Subcontractors, suppliers and others; and ' 15.4.4, For reasonable expenses directly attributable to termination, GC-53 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 tem1inated by OWNER, the tem1ination 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 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 detem1ined 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-54 I I I I I I I 1 I I I I I I I I I I I Revision Date August 2001 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court ofRiclunond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court ofRiclU110nd County, Georgia, and waives any right to contest same. GC-55 1 I I I I I I I 1 I I I I I I I I I I Revision Date August 2001 ARTICLE 17-MISCELLANEOUS Givi/lg Notice: 17.1, \Vhenever 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 refelTed 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, walTanties 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 offive (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 GC-56 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 deems necessary during the period of the Contract and for a period offive (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. 17.6. The Corttract Documents are intended by the Parties to, and do, supersede any and all provisions ofthe 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 ofthe Contract Documents shall control. 17.7. Notvv'ithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. , Substitutiolls: 17.8. Notwithstanding any provision ofthese general conditions, there shall beno substitutions of materials that are not deternlined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sallitary Sewer Overflow Prevelltioll: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17,9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to begilming work. This plan will include a list of key persol111el with 24-hour contact infonnation 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 REPRESENT A TNE 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: GC-57 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 18, Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 19. Immediately notify the Utilities Department dispatcher (706.796,5000) and the RESIDENT PROJECT REPRESENTATIVE (contact infomlation will be provided at the preconstruction conference). 20. Maintain a chronicle of relevant infomlation 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 appropriate. 17.9.7 If, in the opinion ofthe 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 Follo\\/ing a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR( s) or other enti ty 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 perfomlance of the construction contractor(s) nor GC-58 I I I I I I I I I I I I I Revision Date August 200 I assumes responsibility for construction contractor's failure to perfom1 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 I I I I I I GC-59 I I I I I I I I I I I I I I I I I I I SECTION SC-Ol. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. Scope of the Work List of Drawings Protection of the Environment Record Drawings County Acceptance Specified Materials Basis of Payment Delayed Start Date SC-O SECTION SC-O INDEX TO SPECIAL CONDITIONS I I I I I I I I I I I I I I I I I I I SECTION SC SPECIAL CONDITIONS SCOPE OF THE WORK: -01. The project referred to in the Agreement shall consist of the following major elements or portion thereof as outlined in each contract. The construction and installation of eight raw water metering stations, appurtenances, and property restoration. -02. LIST OF DRA \VINGS: DATE SHEET NO. TITLE ORIGINAL REVISED 1. Cover Sheet, Location Map 10/18/02 2. Index to Sheets & Site Access Plan 10/18/02 3. Site Plan - Metering Station No. I 10/18/02 4, Site Plan - Metering Station No.2 10/18/02 5. Site Plan - Metering Station No, 3 10/18/02 6. Site Plan - Metering Station No.4 10/18/02 7. Site Plan - Metering Station No.5 10/18/02 8. Site Plan - Metering Station No.6 & 7 10/18/02 9. Site Plan - Metering Station No.8 10/18/02 10. Metering Vault Details 10/18/02 11. Miscellaneous Details 10/18/02 -03. PROTECTION ,OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds and lake below the project. -04. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be SC-l I I I I 1 I I I I I I I 1 I I I I I 1 deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as-built drawings are to be prepared and submitted by the contractor to the engineer. As-built drawings shall include tap locations, fittings, valves and other appurtenances located to a minimum of two separate surface features. -05. COUNTY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees, -06. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified will be allowed. -07. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders," payment for all items of construction will be made at the total of the actual number of units installed at the unit price stated in the Bid Schedule to the Proposal. The partial payments described in the Agreement will be made based on the actual number of units of work completed during the month and in-place at the unit prices stated in the Bid Schedule, -08. DELAYED ST ART DATE: No work, including mobilization of materials or equipment, will be allowed to commence on the Augusta National Golf Club property or the Augusta Country Club property until April 14,2002. SC-2 I I 1 I I I I I I I I I I I I I I I I SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS SECTION TITLE NO. OF PAGES 02110 Clearing and Grubbing 2 02220 Excavating and Backfilling for Structures 4 02221 Excavating, Trenching and Backfilling for Pipe Lines 5 02270 Erosion Control Measures 3 02510 Graded Aggregate Base Course 1 02513 Bituminous Paving 3 02713 Water Distribution System 12 02821 Chain Link Fencing 5 02930 Grassing (Bermuda) . 4 TS-O I I I I I I I I I I I I I I I I I I I SECTION 02110 CLEARING At"ID GRUBBING PART 1 - GENERAL 1.1 DESCRIPTION A. Clearing and grubbing shall consist of the removal and disposal of all trees, bmsh, stumps, logs, grass, weeds, roots, decayed vegetable matter, posts, fences, stubs, rubbish and. all other objectionable matter resting on or protruding through the original ground surface and occurring within the constmction limits or rights-of-way of any excavation, borrow area, or embankment. 1.2 CONSTRUCTION METHODS: A. CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation, as may be indicated on the drawings to be left standing, and all stumps, roots and bmsh in the areas to be cleared shall be cut off one foot above the original ground surface, Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference \\'ith the construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the whole of the tree or to main branches, and the cuts thus made shall be painted with an approved tree wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected by barriers or by such other means as the circumstances require, Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. B. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth of not less than 18 inches below any subgrade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface confom1 to the surrounding ground surface, 1.3 DISPOSAL OF CLEARED AND GRUBBED MATERIAL: A. Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him, provided such disposal is otherwise in accordance with these specifications. All incombustible matter removed shall be hauled away and CLEARING AND GRUBBING 0211 0-1 I I I I I I I I I I I I I I I I I I I deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. Burning shall be done at such time and such manner as to prevent fire from spreading and to prevent any damage to adjacent cover and shall further be subject to all requirements of Local, State and Federal Governments pertaining to the burning. No burning will be allowed on the site unless all fires are kept under constant attendance by persons having equipment necessary to prevent the spreading of fire. Such equipment shall include, at the minimum, a bulldozer or front end loader, and an approved pump and hose connected to an acceptable source of water. Disposal by burning shall be kept under constant attendance until all fires have burned out or have been extinguished, 1.4 MEASUREMENT AND PAYMENT A. Payment for work under this section shall be made according to the lump sum price as shown in the bid schedule for lump sum construction. END OF SECTION CLEARING AND GRUBBING 02110-2 I I I I I I I I I I I I I I I I I I I SECTION 02220 EXCAVATING A1\TD BACKFILLING FOR STRUCTURES PART 1 - GENERAL 1.1 DESCRIPTION A, This section covers excavating, filling and backfilling for bui Iding construction work and incident thereto. PART 2 - PRODUCTS 2.1 MATERIALS A. Unsatisfactory materials include those conforming to classes PT, OR, CR, MH, or OL, or as described in the Unified Soil Classification System, as adopted by the Corps of Engineers and the Bureau of Reclamation in January 1952. B. COHESIONLESS AND CORESNE MA TERlALS: Cohesionless materials include gravel, gravel-sand mixtures, sands, and gravelly sands. Cohesive materials include clayey and silty gravel, gravel-silt mixtures, clayey and silty sands, sand-clay mixtures, clay silts, and very fine sands, When results of compaction tests for moisture-density relations are recorded on graphs, cohesionless soils will show straight lines or reverse-shaped moisture density curves and cohesive soils will show normal moisture-density curves. PART 3 - EXECUTION 3.1 SITE PREPARATION A. The work area shall be stripped of all topsoil, vegetation, timber, debris and other rubble. Loose soil from stump removal shall be removed from stump holes. Where required, stump holes shall be backfilled with clean earth and compacted 95 percent standard proctor. Areas containing soft, organic or other obj ectionable material shall be removed as directed by the Engineer. 3.2 EXCAVATION A. GENERAL: The excavation shall conform to the dimensions and elevations indicated for each building and structure, except as specified hereinafter. Excavation shall extend a sufficient distance from walls and footings to allow for placing and removal of fonns, installation of services, and for inspection, except where the concrete for walls and footings is authorized to be deposited directly against excavated surfaces. Excavations carried below indicated depths will not be pem1itted except to remove unsatisfactory material. Unsatisfactory material shall be excavated below the grades shown, as directed, and replaced with satisfactory material. EXCA V A TING AND BACKFILLING FOR STRUCTURES 02220-1 I I I I I I I I I I I I I I I I I I I Excavation methods shall comply with codes and ordinances of governing authorities having jurisdiction and to the requirements of OSHA Health and Safety Standards for Excavations, 29 CFR Part 1926, or successor regulations, B. Material removed below the depths indicated without specific direction of the engineer shall be replaced, at no additional cost to the Owner, to the indicated excavation grade with satisfactory materials placed and compacted as specified except that concrete footings shall be increased in thickness to the bottom of overdepth in earth exca\"ation and overbreak in rock excavation. C. DRAINAGE: Excavation shall be performed in such manner that the area of the site and the area immediately surrounding the site will be continually and effectively drained by gravity. Water shall not be permitted to accumulate in the excavation. The excavation shall be drained by satisfactory methods to prevent softening of the foundation bottom, undercutting of footings, or other actions detrimental to proper constmction procedures. D. SHORING: Shoring, including sheet piling, shall be furnished and installed as necessary to protect workmen, banks, adjacent paving, stmctures, and utilities. Shoring, bracing, and sheeting shall be removed as excavations are backfilled, in a manner to prevent caving, E. BORROW: Where satisfactory materials are not available in sufficient quantity from required excavations, approved materials shall be obtained from the borrow areas from approved sources off Owner-controlled land at the Contractor's responsibility. The necessary clearing and grubbing of borrow area disposal and burning of debris therefrom, the development of sources including any access roads for hauling and the necessary right-of-way, and the satisfactory drainage of the borrow areas shall be considered as incidental items to borrow excavation, Borrow areas shall be neatly trimmed and trained after borrow excavations are completed, F. EXCAVATED MA TERlALS: Satisfactory excavated material required for backfill shall be placed in the proper section of the permanent work required under this section, or shall be separately stockpiled if it cannot be readily placed. Satisfactory excavated material in excess of that required for the work under this section shall be made available for use in other portions of the permanent overall site work required for the contract project. Satisfactory material in excess of that required for the permanent work and unsatisfactory material shall be disposed of in designated spoil areas as a part of the Contractor's responsibility, 1\'0 satisfactory material shall be wasted or used for the convenience of the Contractor unless so authorized. Stockpiles shall be placed, graded, compacted and shaped for proper drainage. G. FINAL GRADE: Care shall be taken not to disturb the bottom ofthe excavation, and. excavation to final grade shall not be made until just before concrete is to be placed. EXCA V A TING AND BACKFILLING FOR STRUCTURES 02220-2 I I 1 I I I I I I I I I I I I I I I I 3.3 COMPACTION OF FILLS A. All fills shall be compacted in layers not thicker than eight inches by rolling, tamping, vibrating, or combination thereof. When material varies from optimum moisture content, it shall be treated as follows: 1. When wet, moisture shall be reduced by scarifying and aerating the soil until optimum moisture is obtained, 2. When dry, moisture shall be added by sprinkling, and thoroughly mixing to incorporate into the uncompacted soil. 3. Fill and cut areas will be sloped so as to drain properly and prevent accumulation of water. B. When existing or cut areas are to be covered with less than one foot of fill, the surface shall be scarified to a depth of eight inches and compacted to the same density as adjacent areas. The compaction obtained shall be no less than 95 per cent of the Standard Proctor Maximum. The top 12 inches of all filled areas shall be compacted to 100 per cent of the Standard Proctor Maximum, 3.4 FIELD DENSITY DETERMINATIONS A. Field density determinations may be made to determine the compaction of the fill. These tests will be made in each two foot lift of the fill, and in sufficient number laterally to give complete coverage and assure proper compaction of the entire fill. 3.5 BACKFILLING A. Backfilling shall not begin until construction below finish grade has been approved, underground utility systems have been inspected, tested, and approved, forms removed, and the excavation cleaned of trash and debris. Backfill shall be brought to indicated finish grade. Backfill shall not be placed in wet or frozen areas. Backfill shall be of satisfactory materials placed and compacted as specified. Heavy equipment for spreading and compacting backfill shall not be operated closer to foundation or walls than a distance equal to the height of backfill above the top of footing; the area remaining shall be compacted by power-driven hand tampers suitable for the material being compacted, Backfill shall be placed carefully around pipes to avoid damage to coatings, Backfill shall not be placed against foundation walls prior to 7 days after completion of the walls. As far as practicable, backfill shall be brought up evenly on each side of the wall and sloped to drain away from the wall. 3.6 PROTECTION A. Settlement or washing that occurs in graded or backfilled areas prior to acceptance of the work shall be repaired and grades re-established to the required elevations and slopes, EXCAVATING AND BACKFILLING FOR STRUCTURES 02220-3 I I I I I I I I I I I I I I I I I I I 3.7 MEASUREMENT AND PAYMENT A. No separate measurement or payment will be made for excavation and backfill performed under this section, Payment therefore will be included in the contract price for the structure or installation to which such excavation and backfill is incidental. END OF SECTION EXCAVATING AND BACKFILLING FOR STRUCTURES 02220-4 I I I I I I I I I I I I I I I I I I I SECTION 02221 EXCAVATING, TRENCHING AND BACKFILLING FOR PIPE LI~TfS PART 1 - GENERAL 1.1 DESCRIPTION A. This section covers all excavation, trenching and backfilling for pipe lines, complete. 1.2 EXISTING IMPROVEMENTS A. The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work, Where and if shown on the plans, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such information prior to proceeding with the work. He shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings and if necessary to provide temporary walkways and bridges for crossing of the open trench as directed. PART 2 - PRODUCTS 2.1 EXCAVATION A. All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the drawings or as specified herein. Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings. Excavation methods shall comply with codes and ordinances of governing authorities having jurisdiction and to the requirements of OSHA Health and Safety Standards for Excavations, 29 CFR Part 1926, or successor regulations. B, All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter ofthe pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded, Bell holes shall be excavated only to an extent sufficient to permit accurate EXCA V A TING, TRENCHING AND BACKFILLING FOR PIPE LINES 02221-1 I I I I I I I I I I I I I I I I I I I work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench, Depressions for joints other than meohanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used, Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them, Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation shall proceed in a conventional manner with satisfactory effort made to remove hard materials before the Engineer makes a determination of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can and will show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common exca\'ation shall be classified as rock excavation. 'Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be pemlitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete, as directed, 1. GRADING AND ST ACIUNG: All grading in the VICllllty of trench excavation shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods, During excavation, material suitable for backfilling shall be stored in an orderly manner at a distance from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. 2. SHORING AND SHEETING: All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public shall be performed, The failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. (a) Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top ofthe pipe shall not be disturbed or removed. Sheeting left in place shall be cut offnot less than I foot below finished grade. No sheeting EXCA V A TING, TRENCHING AND BACKFILLING FOR PIPE LINES 02221-2 I I I I I I I I I I I I I I I I I I I shall be removed until the excavation is substantially backfilled as hereinafter specified, 3. WATER REMOVAL: Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness, 'vVater removed from excavations shall be discharged at points where it will not cause, injury to public or private property, or the work completed or in progress. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or stmctures have been placed, 4. BLASTING: Explosives are to used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench, 5. TREE PROTECTION: Care shall be exercised to protect the roots of trees to be left standing, Within the branch spread of the tree, trench shall be opened only when the work can be installed inmlediately. Injured roots shall be pmned cleanly and backfill placed as soon as possible. 2.2 BACKFILLING A. Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer, The trenches shall be carefully backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials. No material shall be used for backfilling that .contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. ' B. For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources, The backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools, Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. C. The remainder of the backfill material shall then be placed and compacted above the level specified above, In areas not subject to traffic, the backfill shall be placed in 12 inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, dri\"eways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfi 11 shall be placed EXCA V ATING, TRENCHING AND BACKFILLING FOR PIPE LINES 02221-3 I I I I I I I I I I I I I I I I I I I in 6 inch layers and each layer moistened and compacted to density at least equal to that of the surrounding earth so that traffic can be resumed immediately after backfilling is completed, Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. D. Sheeting not specified to be left in place shall be removed as the backfilling progresses, Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted.' Where, in the opinion of the Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place, 2.3 PAVEMENT REMOVAL AND REPLACEMENT A. Where necessary existing pavements shall be removed and replaced, the applicable standards of the State Highway Department or local authority shall govern this work. Joints shall be sawed, unless joints equally unifOlTI1 in the opinion of the Engineer result from other means. All pavement repairs shall consist of a concrete slab no less than 6 inches thick or compacted graded aggregate at least 9 inches thick, as indicated on the drawings. Where the parent pavement is concrete, the slab surface shall be smoothly finished flush with the surrounding pavement. Where the parent pavement is asphalt, the concrete slab shall be raked finished and topped with 1 inch of surface mix asphalt paving rolled flush with the surrounding pavement. PART 3 - EXECUTION 3.1 MEASUREMENT AND PAYMENT A. Excavation and backfilling for pipelines and appurtenances, except as hereinafter provided for, will be considered as incidental to the constmction of the various elements of the installation it is associated with, and no separate payment will be made therefor. B. When made at the direction of Engineer, overcut, rock excavation and backfill to compensate for rock will be made at the unit contract price for rock excavation and suitable backfill per cubic yard measured in place. C. When made at the direction of the Engineer, overcut and backfill to compensate for inadequate foundation will be paid for at the unit contract price for overcut excavation and removal of unsuitable material and suitable backfill, per cubic yard measured in place, D. Joints in pavements will not be paid for separately. Pavement removal and replacement will be paid for at the unit contract price therefor, per square yard. EXCA V A TING, TRENCHING AND BACKFILLING FOR PIPE LINES 02221-4 I I I I I I I I 1 I 1 I~ I I I I I I I E. When made at the direction of the Engineer, select backfill to compensate for inadequate on-site material will be paid for at the unit contract price for imported select backfill, per cubic yard measured in place. END OF SECTION EXCAVATING, TRENCHING AND BACKFILLING FOR PIPE LINES 02221-5 I I I I I I I 1 1 I I I I I I I I I I SECTION 02270 EROSION CONTROL MEASURES PART 1 - GENERAL 1.1 DESCRIPTION A. This section covers erosion control measures required on the job as shown on the plans, These measures are minimum requirements and may be augmented by the Engineer if positive control is not established. B. The initial construction on the site is tentatively scheduled to begin on or about September, 2002. Final stabilization of the soils should be obtained by April, 2003. PART 2 - PRODUCTS 2,1 MATERIALS A. Provide materials, not specifically described but required for proper completion of the work ofthis Section, as selected by the Contractor subject to the approval of the Engineer. PART 3 - EXECUTION 3.1 EROSION AND SEDIMENT A nON CONTROL PLAN A. Earth areas which are not to be paved should be grassed at the earliest possible time during the construction phase, so as to minimize exposure to rainfall and runoff. B. Temporary bemls, wherever possible, should be constructed at the end of each day of grading, in order to contain sediment and slow down erosion in the cut and fill areas, should rainfall occur during the night. Berms should also be constructed, where needed, to prevent sediment from being transported onto areas outside the actual construction limits. C. Silt and erosion barriers of the type which tend to filter suspended solids from the water flowing through them should be employed to the extent necessary to contain most of the water-borne silt. Examples of this type of barrier include silt fence, hay or straw bales, windrows of limbs and laps, and stone or rubble riprap. D. Sediment basins should be constructed as shown on plans and removed when final stabilization is attained, EROSION CONTROL MEASURES 02270-1 I I I I I I I I I I I I I I I I I I I 3.2 ELEMENTS OF THE PLAN A. The plans for the prevention of erosion and sedimentation for this site are depicted on Sheet 11 of the plans. The elements of the plan are discussed as follows, and are listed in chronological order, as far as is practical. The construction activities should proceed in the order listed. 1. Begin grading operations in the vicinity of the silt barriers shown on the drawings. Immediately after the area has been cleared for their placement, install dams and berms consisting of hay or straw bales or silt fences to be silt barriers as shown on the drawings. 2. As grading operations commence, the topsoil should be stripped and stockpiled in mounds surrounded by berms. Berms or windrows should be constructed each afternoon at approximately 100 foot intervals across the graded areas, except in the low-lying areas of the project. This action will tend to check erosion should rainfall be experienced during the night. 3. Construction on the sanitary and storm sewer lines should be commenced as soon as grading operations have been substantially completed. The disturbed strip along each line which is located outside of paving should be grassed immediately upon the completion of trench backfilling, as described below. 4. A graded depression around each catch basin on the site should be used to contain sediment during construction. A ring of hay or straw bales, or silt fencing, secured to the ground by means of two No.3 reinforcep1ent bars or other suitable anchoring method, should be installed around each catch basin site as soon as the drainage pipes have been laid. These should be spaced leaving a gap of approximately three inches between each bale where hay is used. 5. As soon as the graded areas which are not to be paved, to be built upon, or to receive underground utilities have been brought to final grade, four inches of topsoil should be spread over these areas, Grassing operations should be begun immediately, as described in the grassing specifications, Slopes should receive a similar treatment as soon as the installation of the utilities has ended. 6. All grassing will be perforn1ed in accordance with the section of the specifications entitled "Grassing." Should seasonal limitations prevent the establishment of the permanent grass cover, the area to be grassed should be covered with a temporary grass cover; then the permanent grass should be established as soon as its growing season is reached. 7. The hay bale dams and silt fencing described above should not be removed until the surrounding pavement base material has been placed and is ready for priming, EROSION CONTROL MEASURES 02270-2 I I I I I I I I I I I 1 I I I I I I I 8, All silt retention basins, traps, barriers, etc" should be inspected daily and cleaned at least weekly. 9. All work shall be in accordance with good grading practice and should confom1 to accepted practices in Erosion Control. 3.3 MEASUREMENT AND PAYMENT A. Payment shall be made according to the lump sum price as shown in the Bid Schedule for Soil Erosion and Sedimentation Control Measures, END OF SECTION EROSION CONTROL MEASURES 02270-3 I I I I I I I I I I I I I I I I I I I SECTION 02510 GRADED AGGREGATE BASE COURSE PART 1 - GENERAL 1.1 DESCRIPTION A. This section covers a graded aggregate base course to receive bituminous paving under another section, complete. B. The graded aggregate base course shall confoml to all applicable specifications of Section 300 of the Standard Specification for Roads and Bridges of the Georgia Department of Transportation, Latest Edition, PART 2 - PRODUCTS 2,1 MATERIALS A. MA TERIALS FOR BASE COURSE 1. Materials for the graded aggregate base course shall be in accordance with Section 310 of the Standard Specification for Roads and Bridges of the Georgia Department of Transportation. No blast furnace slag is allowed. PART 3 - EXECUTION 3.1 SUB GRADE A. The sub grade to receive the graded aggregate base course shall be constructed in accordance with requirements of Section 209 of the Standard Specification for Roads and Bridges ofthe Georgia Department of Transportation. B. The aggregate base course shall be compacted to a minimum of 98% maximum density ASTM D-698 at an optimum moisture content of:!: 2%. 3.2 CONSTRUCTION OF BASE COURSE A. Construction for the graded aggregate base course shall be in accordance with Section 310 of the Standard Specification for Roads and Bridges of the Georgia Department of Transportation. 3.3 MEASUREMENT AND PAYMENT A. Work covered under this section shall be paid at the contract unit price for 2" asphalt paving with 6" graded aggregate base. END OF SECTION GRADED AGGREGATE BASE COURSE 02510-1 I I I I I I I I I I I I I I I 1 I I I SECTION 02513 BITUMINOUS PAVING PART 1- GENERAL 1.1 DESCRIPTION A. This section covers the construction of pavement for all roads and parking areas, complete. B. Construction of the subgrade, base course and paving of the roadways and parking areas shall be undertaken immediately after completion of all stornl drain lines and structures, all curbs and gutters, all yard piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations required within or adjacent to the paved areas. PART 2,- PRODUCTS 2.1 ASPHALT CONCRETE A. The asphalt concrete mixture shall conform to the Georgia Department of Transportation, Standard Specifications for Highway Construction, for Type E asphalt concrete. The job mix shall be approved by the Engineer and no material shall be used until approved. PART 3 - EXECUTION 3.1 SEASONAL LIMITATIONS A. No bituminous mixtures shall be applied for surface treatment between October 21 st and April 10th, except as directed by the Engineer. 3.2 WEATHER LIMITATIONS A. 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,nor when the moisture on the surface to be paved would prevent proper bond nor when the air temperature is less then 45 degrees F. in the shade away from artificial heat. 3.3 APPLICABLE SPEClFICATIONS A. All work and materials required under this section of the specifications shall conform to the applicable sections of the Standard Specifications of the Georgia Department of Highways, latest edition. BITUMINOUS PAVING 02513-1 I I I I I I I I I I I I I I I I I I I 3.4 SUBGRADE A. The sub grade shall be prepared as specified under the sections of the above specifications covering subgrade preparation, including but not limited to Section 209. 3.5 CURBS AND GUTTERS A. After the subgrade has been compacted and approved by the Engineer, curbs and gutters shall be placed where shown on the plans and constructed in accordance with the requirements of the section, "Curbs and Gutters, Concrete." 3.6 PRIME COAT A. A prime coat of 0.3 to 0.8 gallons per square yard of medium curing cut-back asphalt (RC-250 or emulsion grades RS~2 or SS-I) shall be applied with a pressure distributor at a temperature between 80 degrees F. and 140 degrees F. The prime coat shall be applied to the previously prepared base course when the atmospheric temperature is above 50 degrees F. 3.7 SURFACE COURSE A. The mixture shall be transported from the mixing plant to the point of use in approved vehicles. Loads shall not be of such size or weight as to interfere with the efficient operation of the spreader. Loads shall not be sent out so late in the day as to prevent the completion of spreading and compaction of the mixture during daylight, unless artificial light is provided. The mixture shallbe delivered at a temperature between 225 degrees F. and 325 degrees F. and within 20 degrees F. of the temperature set at the mixing plant. B. Upon arrival at the point of dumping, the mixture shall be dumped into the hopper and spread by mechanical pavers, true to line, grade and cross section specified and to the loose depth that will secure a compacted thickness of 1-1/2 inches. The hot mixture shall be free from lumps and shall be spread while it is in a workable condition. 1. After the mixture has been screeded and before roller compaction is started, the surface shall be checked, all fat spots and irregular areas removed and replacedwith satisfactory material. All irregularities in alignment and grade along the outside edge shall also be corrected by the addition of removal of mixture before the edge is rolled, C. While the mixture is hot, it shall be compacted thoroughly and uniformly by rolling. The surface of the compacted mixture shall be smooth, and true to crown and grade. Any mixture that becomes loose or broker, mixed with dirt or is in any way defective, shall be removed and replaced with fresh hot mixture which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous materials shall be removed and replaced, and the edges shall be kept to a reasonable straight line and trimmed, BITUMINOUS PAVING 02513-2 I I I I I I I I I I I I I I I I I I I 1. The density after compaction shall be at least 98 percent of the laboratory- determined density. D. Protection of Pavement: The newly finished pavement shall be protected from vehicular traffic of any kind until the pavement has cooled and hardened and in no case less than 6 hours. E. Tolerances: The finished surface shall not vary more than 1/8 inch in 10 feet from the true profile and cross section. 3.8 TESTS A. The above work will be subject to thickness and compaction tests as deemed necessary by the Engineer. Such tests will be at the expense of the Contractor. 3.9 MEASUREMENT AND PAYMENT A. Work covered under this section shall be paid at the contract unit price for 2" asphalt paving with 6" graded aggregate base. END OF SECTION BITUMlNOUS P A VlNG 02513-3 I I I I I I I 1 I I I I I I I I I I I SECTION 02713 WATER DISTRIBUTIOK SYSTEM PART 1 - GENERAL 1.1 SCOPE A. This section covers all installations for the water distribution system, 1.2 STANDARDS FOR WATER MAINS A. Contractor Responsibilities: 1. The Contractor is responsible for verifying the exact location, size and material of any existing water facility proposed for connection or use by the project. 2. All work that occurs in the public right-of-way shall comply with the Augusta-Richmond County Planning Commission "Development Documents" (latest version) and Public Works Department's Right-of-Way Encroachment Guidelines (latest \"ersion). Any field changes that occur in the public right-of-way and are not specifically related to water or sewer items shall be coordinated with the Public Works Department. B. Cover: 1. Standard depth of cover is 4 feet below existing and proposed road surface (and areas designed for normal traffic loading) unless otherwise approved by the Augusta Utilities Department. 2. Minimum cover to finished grade over water mains shall be 36 inches. Minimum cover under ditch bottoms shall be 24 inches. These must be approved by the Augusta Utilities Department on a case-by-case basis. 1.3 HORIZONTAL SEPARATION A. Ten (10) feet to any existing or proposed sanitary sewer/force main, stoml sewer or sewer manhole (less than 10 feet requires pipe material to be Ductile Iron Pipe (DIP) for both Water Main and Sewer/Force Main). B. Fifteen (15) feet to buildings, top of bank of lakes/streams/creeks, other structures (10 feet absolute minimum - only when unavoidable, and pipe material is required to be DIP), WATER DISTRIBUTION 02713-1 I I I I I I I I I I I I I I I I I I I 1. Ten (10) feet minimum separation to gas mains. 2. Ten (10) feet minimum to underground electric cable. 3. Current Georgia EPD separation requirements. 4. All separation distances above are edge to edge. 1.4 VERTICAL SEPARATION A. Water main shall cross over other pipes. B. Eighteen (18) inch minimum separation (edge to edge) between all pipes and cables shall be maintained (6 inch absolute minimum separation with DIP) when conforming to Georgia EPD separation requirements. C. When water mains cross under sewers, additional measures shall be taken. At least 18 inches of separation between the bottom of the sewer and the top of the water main shall be provided. Adequate structural support for the sewer to prevent deflection or settling on the water main. The joint of water pipe shall be centered at the crossing. Encasement of the water pipe in concrete shall also be considered. PART 2 - PRODUCTS 2.1 WATER MAIN MATERIAL A. Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (PVC), or galvanized pipe as outlined below. Any pipe, solder and flux used during installation of the water lines and services must be "lead-free" with not more than 8% read in pipe and fittings, and not more than 0,2% lead in solders and flux. B. DIP shall be centrifugally cast and shall conform to AWWA C150/ANSI A21.50 (latest version) for design and A WW A C151/ ANSI A21.51 (latest version) for manufacture. PVC pipe 6 inch to 12 inch diameter shall conform to A WW A C900 (latest version). PVC pipe 14 inch to 36 inch diameter shall conform to A WW A C905 (latest version). C, For water mains 6" through 16", DIP Pressure Class 350 shall be allowed. For water mains 18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date), Class 200, SDR-14 with cast iron equivalent O.D.s, gasket bell end with elastomeric gaskets shall be allowed for water mains 6" through 10" (solvent weld joints are not pem1itted). Galvanized pipe shall be seamless, American made, Schedule 80 and shall conform with the ASTM Specifications. Flanged DIP shall have threaded ductile iron flanges and shall confonn to the requirements of A WW A C 115 (latest version). All flanges shall be Ductile Iron Class 150, ANSI B 16.5 (latest WATER DISTRIBUTION 02713-2 I I I 1 I I I I I 1 I I I I I I I I I version). Flanges shall be flat faced and all joints shall use 1/8 inch black neoprene full-faced gaskets. D. Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in accordance with A WW A C 1 04/ ANSI A21A (latest version). DIP shall have 1/16" cement mortar lining with rubber gasket push-on joints or mechanical joints, Mechanical joint glands shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall conform to A WW A C 111/ ANSI A21.11 (latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installing the pipe. The lubricant shall be approved by NSF for use with potable water mains, E. Pipe classes designated previously in this standard are minimum allowed. Actual pipe class shall be detennined based upon the installation and the use intended. Pipe shall be appropriately labeled on the drawings, All PVC pipe for potable water service shall bear the approved stamp of the National Sanitation Foundation, Copper wire (12 gauge, bare single strand) shall be attached along the top of all buried PVC water lines, wrapped around service corporations and stubbed up into all valves boxes for locating purposes. 1. DIP shall be required in the following circumstances: (a) Within 10 feet of sanitary and stornl pipes. (b) Within 15 feet of structures (near side of concrete footing), or top of bank of lakes/streams/creeks. (c) Crossings over or under sewers, gas and storm pipes with less than 18 inches separation, with no joint allowed within 10 feet of crossing. (d) Beneath all paved areas, excluding driveways or sidewalks, (e) Within project boundaries of subdi\"isions with private roads where the Utilities Department will take over the line for operations and maintenance. (f) Along all state right-of-ways, 2. The Utilities Directormay mandate DIP in any instances of off-site or on-site construction where future abuse to the line is possible due to location or circumstances. 3. Restrained Joints shall be DIP as follows: WATER DISTRIBUTION 02713-3 I I I I I I I I I I I I I I I I I I I (a) For 12-inch and Smaller - Restrained joint shall be U.S. Pipe Field Lok, American Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product. (b) For 14-inch Diameter and Larger- Restrainedjoint shall be U.S. Pipe TR Flex, American Ductile Iron Pipe Lok-Ring, or equivalent product. (c) If inserting in older cast iron pipe, the restrained joint shall be as approved by the Augusta Utilities Department. (d) Retainer GlandslMega-Lug shall not be considered a fitting. (e) The restraint method shall be suitable for the pipe size thicklless and test pressure as required for the specified design case, The plans shall indicate the restrained length of pipe each side of the fittings. (1) Mains may be tapped as long as the tapping line is smaller than the tapped line unless otherwise approved by the Augusta. Utilities Department. See Section 14.9 of the Augusta Utilities Department Design Standards and Construction Specifications for service tap requirements. Equal size line connections approved by the Augusta Utilities Department shall require that a tee be cut into the main where possible. Tees are also required at locations dictated by the Utilities Director. Tapped connections in pipe and fittings shall be made in such a maImer as to provide a watertight joint and adequate strength against pull-out. (g) Tapping Sleeves and Valve shall be ductile iron, mechanical joint. Tapping sleeves and valves are required for all taps 4 inches and greater. Taps less than 4 inches shall be provided with a service saddle meeting the requirements of Section 14.9 of the Augusta Utilities Department Design Standards and Construction Specifications. Valves shall be provided on all taps. Tapping sleeves shall be a minimum of 6 feet from pipe joints. (h) Schedule 40 PVC shall only be used as sleeves for the installation of service line tubing under all pavement areas, Use in the water distribution system or other areas are not acceptable. (i) Unspecified transitions from DIP to PVC are not allowed. Material for transition shall be indicated and specified and must be approved by the Augusta Utilities Department. WATER DISTRIBUTION 02713-4 I I I I I I I I I I I I I I I I I I I (j) All construction material shall be first quality, not previously used. Repair clamps are not acceptable. Damaged or faulty pipe and materials must be properly replaced. All gaskets shall be new, When connecting to existing valves or fittings, gaskets shall be replaced, not reused. (k) The Contractor shall provide a complete set of shop drawings, which shall indicate the Augusta Utilities Department's specific material requirements. In general, material requirements will be guided by the latest versions of the specifications of A WW A, ANSI, ASTM, and NSF. 2.2 VALVES, FITTINGS AND APPURTENANCES A. Gate valves, 4 inches to 12 inches, shall be the resilient seat type conforming to A WW A C509 (latest version), Valves larger than 12 inches shall be gear operated butterfly valves, conforming to A WW A C504 (latest version). Wafer valves shall not be accepted. B. Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RIGHT if installed north of Gordon Highway. Valves shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet. C. Valve boxes shall be M&H E-2702, Mueller HI 0364 or approved equal. Each valve box shall be slip-type to adjust for a minimum cover of 36" bury. The flanged base ofthe valve box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be required for additional depth over valves. Extensions shall be M&H E-3120 or Mueller H-I0375. Covers shall have "WATER" cast on top, D. All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint systems as outlined in Paragraph 2.1.E,3., or by use of a concrete thrust block in those instances that warrant such an installation. Thrust blocks shall be poured-in-place concrete having a minimum compressive strength of3,OOO psi after 28 days of cure time. All materials, fittings and appurtenances intended for use in pressure pipe systems shall be designed and constructed for a minimum working pressure of 150 psi unless the specific application dictates a higher working pressure requirement. E. Standard pressure pipe fittings of size four (4) inch ID and larger shall be ductile iron conforming to A WW A CI53 (latest version), with mechanical joints unless flanged or restrained joints are required. Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with A WW A CI04 (latest version). Mechanical joint fittings, 24 inches and smaller shall be rated for 350 psi working WATER DISTRJBUTION 02713-5 I I I I I I I 1 I I I 1 I I 1 1 I I I pressure. Flanged joint fittings 24 inches and smaller shall be rated for 250 psi working pressure. All fittings 30 inches and larger shall be rated for 250 psi working pressure, For sizes less than four (4) inch ill, fittings shall be suitable to the pipe material and application, Glands for mechanical joint fittings shall be ductile iron, and tee bolts and nuts shall be Cor-Ten steel. Only bolt systems furnished by the manufacturer for mechanical joints are acceptable; nuts and bolts shall be new, not reused, Pipe gaskets shall be new as supplied by the pipe manufacturer. All flanges shall be ductile iron Class 150, ANSI B 16.5. All flanges shall be flat faced. Full face, 1/8 inch black neoprene gaskets shall be used on all flanged joints. All joints shall conform to A WW A C 111 (latest version). Bolts, nuts and washers for flanges shall be hot dip galvanized, except T -bolts shall be Cor-Ten steel. F. List of Specifications: ANSI!AWWA C151/A21.51-96 4-FEB-1996 or latest version American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water. ANSI/AWWA C150/A21.50-96 1996 or latest version American National Standard for Thickness Design of Ductile-Iron Pipe ANSI!AWWA Cl15/A21.15-94 1994 or latest version American National Standard for Flanged Ductile-Iron Pipe With Threaded Flanges ANSI!A WW A C111/A21.11-95 1995 or latest version American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ANSI! A WW A C 153-98 1998 or latest version American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 in. through 48 in, (75 mm through 1200 mm), for Water and Other Liquids ANSI!A WW A CI04/A21.4-95 1995 or latest version American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water 2.3 METERlNSTALLATION A. The Contractor shall furnish and install the required meter vaults and appurtenances. Meters will be supplied by Augusta Utilities Department and installed by the Contractor. B. Meter vaults (for meters 2 inch and larger) shall be fabricated of pre -cast reinforced concrete using 3,000 psi concrete and #4 rebar at a minimum, The access hatch shall be made of heavy duty aluminum, and shall be hinged and lockable. The hatch shall WATER DISTRIBUTION 02713-6 I I I I I I I I I I I I I I I I I I I be large enough for removal of the meter but no smaller than 48" x 36". Wall dimensions shall allow 2 feet of working clearance. Vault floors shall be no less than 4 inches thick with 3,000 psi concrete and #4 rebar, with the meter located no less than 18 inches off the floor. PART 3 - EXECUTION 3,1 CONSTRUCTION A. WATER DISTRIBUTION SYSTEM INST ALLA TION 1. Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a water line. Construction of water infrastructure will be authorized by the Utilities Depar1ment upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours prior to starting construction (706-772-5503), Where water lines will encroach public right-of-way, a Right-of-Way Encroachment Permit approved by the Public Works Department is required prior to construction. A Right-of-Way Encroachment Pemlit application is available through the Public W orksDepartment (706-821-1706). 2. Installation of water mains and associated appurtenances shall be in accordance with current A WW A specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. 3, Mechanical restraint systems shall be required at each fitting involving a change of direction and as specified in the approved plans. Concrete tlrrust blocks will be allowed in lieu of mechanical restraint systems. 4. Backfill shall be free of boulders and debris, and shall com form to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding, Pipe shall be laid on line and grade as designed. Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. 5. All valves shall be placed according to plans. Valve stems shall be installed plumb. Valve stem extensions are required as described ,in Paragraph 2.3. Air relief valves shall be installed at all high points in the water main where air can collect, as shown on the plans or as directed by Augusta Utilities. WATER DISTRIBUTION 02713-7 I I I I I I 1 I I I I I I I I I I I I B. List of Specifications: ANSI! A WW A C600-93 1993 or latest version Inst~llation of Ductile- Iron Water Mains and Their Appurtenances ANSVAWWA C60S-94 30-JAN-1994 or latest version Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water ANSI! A WW A CS12-92 1992 or latest version Air Release, AirNacuum and Combination Air Valves for Water Works Service 1. Handling and Storing of Materials: Unload pipe so as to avoid deformation or other injury thereto. Place no pipe within pipe of a larger size. Store pipe and fittings on sills above stonn drainage level and deliver for laying after the trench is excavated, Valves shall be drained and so stored as to protect them from freezing. 2. Pipe Laying (General): The interior of the pipe shall be clean and joint surfaces wiped clean and dry when the pipe is lowered into trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet, or as shown on the drawings. Give all pipes a uniform bearing on the trench bottom. Allow no trench water or dirt to enter the pipe after laying. Insert a watertight plug in the open end of the piping when pipe laying is not in progress, 3. Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction blocking as shown on the drawings, Reaction blocking shall be made to bear directly against the undisturbed trench wall. Where trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately anchor the piping as shown on the drawings. All the rods and clamps shall be given a bituminous protective coating. 4. COlU1ection to Existing System: All connections to existing mains shall be made under the direct supervision of the Augusta Utilities Department's Inspector. Valves on existing mains shall be operated by or under direct supervision of Augusta Utilities Department persmme!. Tapping sleeves and valves shall be pressure tested prior to tapping. If service to existing customers must be cut off, the Augusta Utilities Department shall be notified at least three (3) days in advance to make necessary notifications. The Contractor shall disinfect and secure appropriate Utilities Department clearances and samples for any service intelTuptions which occur as a result WATER DISTRIBUTION 02713-8 I I I I I I I I I I I I I I I I I I I of a Contract request for shut down or error. The clearances shall be obtained within 72 hours of reactivation. (a)' If cut-off of service is required, the Contractor shall be ready to proceed with as much material pre-assembled as possible at the site to minimize the length of service interruption. Augusta Utilities reserves the right to postpone service cut-off if, in the opinion of the Utilities Director, the Contractor is not ready to proceed on schedule. No customer should be without water for more than four (4) hours. The Owner/Developer shall arrange for temporary services to Customer if water will be shut off for more than four hours. (b) Local chlorination will be required for all pipe and fittings used to complete connections with the potable water system. Tapping sleeves and valves shall be chlorinated in accordance with A WW A requirements. All wet taps shall be witnessed by the Augusta Utilities Department's Inspector. 3.2 CLEANING AND FLUSHING A. Upon completion of installation, the mains shall be flushed and the water disposed of without creating a nuisance. Flushing must achieve a minimum water velocity of 2.5 ips in all portions of the pipe, The duration of the flushing will be determined by the Augusta Utilities Department's Inspector. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficient water available for proper flushing, the Contractor shall clean the lines by pigging, No flushing or cleaning shall take place without an Augusta Utilities representative present. The existing mains that the new mains are cOlmected to may be required to be flushed under the direction of the Augusta Utilities Department when service is restored. 3.3 TESTING AND DISINFECTION A. Pressure and Leakage Testing: Before any work will be accepted for payment, the Contractor will fill the piping with water, open outlet as necessary for expelling the entrapped air. No fire hydrant shall be opened full force during charging operations. Thereafter, furnish the necessary equipment and test the piping under the supervision of the Engineer for a period of at least 4 hours at not less than 1.25 times the design pressure in pounds per square inch, based upon the highest elevation of the section under test. Pressure testing shall be in accordance with the latest A WW A Standard C600, Section 4.1. at 1,5 times the working pressure at the point of testing. Inspect all joints, and remedy to the satisfaction of the Engineer any defects discovered. Continue the test until all visible leaks have been eliminated from the part of the system under test, and the pressure remains constant with a maximum pressure drop of 5 psi for the duration of the test. WATER DISTRIBUTION 02713-9 I 1 I I I I I 1 I I I I I I I I I I I B. All water mains shall be leak tested. The Contractor shall provide all equipment, materials and labor necessary for pressure and leak testing. This test must be observed by an Augusta Utilities Department representative and the design engineer. A pumping pressure of 200 psi must be supplied at the expense of the Contractor. The main tested shall either be isolated from active potable lines or protected from leakage by a double valve arrangement. All water used for pressure testing must be potable water with an adequate chlorine residual. Water lines shall be tested byvalve sections. Maximum allowable leakage shall be as detern1ined in accordance with current A WW A specifications. The standard duration of test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria. The pressure and leakage test shall be done concurrently, C. Immediately following the pressure test, and before any work will be accepted for payment, the Contractor shall perform a leakage test. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof necessary to maintain the specified leakage test filled with water to within 5 psi of the test pressure. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L - SDfP 133200 L = Allowable leakage in gallons per hour. S = The length of pipe in the section tested, D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. The leakage test shall be conducted in accordance with A WW A Standard C-600, Section 4.1 (latest version). D. Augusta Utilities shall be notified at least 24 hours in advance to schedule bacteriological testing of water mains. The Contractor shall replace or adjust components of the pipeline which fail the test. Clearance is required from the Utilities Department before the Augusta Utilities Department will allow the main to be put into service. E. All piping complete with fittings and appurtenances shall be sterilized as specified in the applicable sections of A 'vVW A Speci fication C651 (latest version) "Disinfecting Water Mains," Piping and appurtenances shall be thoroughly flushed then chlorinated with not less than fifty pmis per million (50 ppm), Calcium hypochlorite can be used. Water from the existing distribution system or other WATER DISTRIBUTION 02713-10 I I I I I I I I I I I I I I I I I I I source of supply should be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The solution should be retained in the pipeline for not less than 24 hours and a chlorine residual of 10 ppm should be available at this time. The system shall then be flushed with potable water and the sampling program started. Sampling taps and chlorinated water used for disinfection shall be flushed to a location that will not damage property, persons, etc., and shall be provided by the Contractor at the expense of the Contractor. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipelines into which connections have.been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the health authorities shall be observed in executing this work. The disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with the latest editions ofthe A WW A Standard C651 and the EPD's Minimum Standards for Public Water Systems. F. Two or more successive sets of samples, taken at 24 hour intervals and tested by a State approved private lab, shall indicate bacteriologically satisfactory water and the results submitted to the Augusta Utilities Department. 3.4 W A TERJSEWER SEP ARA TrON A. A 10 foot horizontal separation shall be maintained between water and sewer lines. Where the horizontal separation CalIDot be met or where water and sewer lines must cross, an 18 inch vertical separation, water over sewer must be maintained. Where the above conditions cannot be met, water and sewer lines shall be cast iron or ductile iron pipe with joints staggered such that maximum separation between joints exists. The water line shall be installed over the sewer line. 3.5 AS-BUILT DRAWINGS A. As the work progresses, record on one set of utility drawings all changes and deviations from the contract drawings in sizes, lines or grade. Record also the exact final location of water lines by offset distances to surface improvements such as edge of existing pavement or to property lines, etc. at a maximum interval of 200 feet. Make sufficient measurements to locate definitely all water lines etc., to permanent points. The drawings will show references to all valves, fittings, pipe brand changes, etc. Transfer accurately all such records in red pencil to white prints of the utility drawings and deliver them to the Engineer with monthly payment estimate. 3.6 MEASUREMENT AND PAYMENT A. Pipelines will be paid for at the unit price, per linear foot, for each size, type and class installed complete, including reaction blocking except for that pipe within limits of pay item for metering vaults. No reduction will be made for the laying length of valves and fittings installed within pipelines. WATER DISTRIBUTION 02713-11 I I I I I I I I I I I I I I I I I I I B. Valves will be paid for at the unit contract prices for each size and type installed except for those valves within limits of pay item for metering vaults. Payment therefore will include box or vault as shown on the plans. C. Metering vaults will be paid for at the lump sum prices for each vault installed. Payment therefore will include all items as shown on Sheet 10 of the plans. D. Cleaning, testing and disinfection of water lines shall be considered incidental to the installation of the metering stations and separate payment shall be made therefore. END OF SECTION WATER DISTRIBUTION 02713-12 I I I I I I I I I I I I I I I I o I I I SECTION 02821 CHAIN LINK FENCING PART 1 - GENERAL 1.1 DESCRIPTION A. The extent of chain link fencing is indicated on the drawings. Provide fences and gates complete, including all erection accessories, fittings and fastenings. B. Installer must be experienced in fence installations and must examine conditions under which fence and gates are to be installed. Notify the Architect/Engineer in writing of improper conditions of work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to the Engineer. Do not proceed until final grading is completed. PART 2 - PRODUCTS 2.1 MATERIALS A. Posts. Rails And Braces: 1. All structural and roll-formed shapes shall conform to provisions of ASTM A123 for galvanized coating. All tubular members shall comply with provisions of ASTM A120, Schedule 40, for weight and coating. B. End. Comer and Pull Post: Fence up to and including 12'-0" in height: 3W' x 3W' roll-formed comer section shall have a minimum bending strength of 452 pounds. (2.875" O.D., Schedule 40 Pipe with a minimum bending strength of381 pounds.) C. Line Posts: Fabric up to 8'-0" in height: "C"-Section, Standard roll-formed, 1.875" x 1.625" with minimum bending strength of245 pounds. (1.90" O.D., Schedule 40 Pipe with minimum bending of 117 pounds.) D. Gate Posts: 1. Gate leaves up to and including 6'-0" wide: 312" x 3W' roll-formed section (2.875" O.D., Schedule 40 pipe). 2. Gate leaves over 6'-0" and up to and including 13'-0" wide: 4" O.D. Schedule 40 pipe. 3. Gate leaves over 13'-0" and up to and including 18'-0" wide: 6%" O.D. Schedule 40 pipe. CHAIN LINK FENCING 02821-1 I I I I I I I I I I I I I I I I I I I 4. Gate leaves over 18'-0" wide: 8%" O.D. Schedule 40 pipe. 5. Top Rail: 1.625" x 1.25" roll-formed section, with minimum bending strength of 192 pounds. (1.660" a.D., Schedule 40 pipe, with minimum bending strength of 202 pounds. 6. Furnish in manufacturer's standard lengths, of approximately 21'0" with couplings approximately 6" long for each joint, one coupling in each 5 shall have expansion spring. Provide means for attaching top rail securely to each gate, comer, pull and end posts. Top rail shall form continuous brace from end-to-end to each run of fence. 7. Tension Wire: (In lieu of top rail and/or bottom offabric) 7 gage galvanized or aluminum coated coil spring wire. 8. Post Bracing Assembly: Shall match top rail. Brace rail assembly shall be complete with % diameter rod and adjustable take-up. 2.2 CHAIN LINK FABRIC A. One piece of fabric widths for fences up to 12'0"-2" mesh, 6 fa., or 11 ga., as indicated on contract drawings. B. Selvage edges: Fabric 72 inches and over shall be knuckled at bottom selvage and twisted and barbed at top. C. Finishes: Heavy galvanized - 2.0 ounces zing per square foot, complying with ASTM A392, Class II or *aluminum coated - 0.40 ounces aluminum per square foot, complying with ASTM A491, Class n. 2.3 ACCESSORIES A. All accessories, except tie wires and barbed sires shall be galvanized to comply with ASTM A153. B. Barbed Wire Supporting Arms: Heavy pressed steel, complete with provisions for anchorage to tubular end, comer, and pull posts attaching 3-rows of barbed wire to each arm. Barbed wire arms are not required on roll-formed terminal posts. Single arms shall be integral with a post top weather cap. Intermediate arms shall have hole for passage oftop rail. Arms shall be capable of withstanding, without failure, 250 lbs. downward pull at outermost end of arm. C. Barbed Wire: 2-strand, 12 Y2 ga. wire with 14 ga., 4 point round barbs spaced approximately 5" a.c. finishes as follows: CHAIN LINK FENCING 02821-2 I I I I I I I I I I I I I I I I I I I 1. Galvanized: ASTM A121, Class 3 2. Aluminized: ASTM A585, Class 2 D. Post Tops: Pressed steel, or malleable iron, (Designed as a weathertight closure cap for tubular posts.) Where top rail is used, provide tops to pennit passage oftop rail. E. Stretcher Bars: (For tubular end, comer, pull or gate posts only) One piece lengths equal to full height offabric with a minimum cross-section 0[3/16" x o/.t". Provide one stretcher bar for each gate and end post, and 2 for each comer and pull post. F. Stretcher Bar Bands: Heavy pressed steel, spaced not over 15" O.C. to secure stretcher bars to tubular end, comer pull and gate post. 2.4 GATES A. Fabricate gate perimeter frames of 1.90" O.D. tubular members galvanized, ASTM A120. Provide additional horizontal and vertical members to insure proper gate operation and for attachment of fabric, hardware and accessories. Assemble gate frames by welding or fittings and rivets for rigid connections. Use same fabric as for fence, unless otherwise indicate. Use same fabric as for fence, unless otherwise in.dicated. Install fabric with stretcher bars at vertical edges, and tie at top and bottom edges. Attach stretcher bars to gate frame at not more than 15" O.c. Attach hardware with rivets or by other means which will provide security against removal or breakage. Provide diagonal cross-bracing consisting of %" diameter adjustable length truss rods on gates where necessary to provide frame rigidity without sag or twist. 1. Gate Hardware: Provide the following hardware and accessories for each gate; finish - heavy galvanized: (b) (c) (d) CHAIN LINK FENCING (a) Hinges: Pressed steel or malleable iron to suit gate size, non-lift-off- type, offset to permit 180 F. gate opening. Provide one pair ofhinges for each leaf. Latch: Forked type or plunger-bar type to permit operation from either side of gate. Provide padlock eye as integral part of latch. Keeper: Provide keeper for all vehicle gates, which automatically engages the gate leaf and holds it in the open position until manually released. Double Gates: Provide gate stops for all double gates, consisting of mushroom type of flush plat with anchors. Set in concrete to engage the center drop rod or plunger bar. Provide locking device and padlock eyes as an integral part ofthe latch, requiring one padlock for locking both gate leaves. 02821-3 I I I I I I I I I I I I I I I I I I I ( e) Slidin g Gates: Provide manufachlrer's standard heavy-duty track, ball bearing hanger sheaves, overhead framing, and supports, guides, stays, bracing, and acc.essories as required. 2.5 MISCELLANEOUS MATERIAL AND ACCESSORIES A. Wire Ties: For tying fabric to line posts, use 11 ga. steel wire clips for "C"-section posts and a minimum 9 ga. aluminum wire ties for tubular posts, spaced 14" O.c. For tying fabric to rails and braces, use 9 ga. aluminum wire ties spaced 24" O.C. For tying fabric to tension wire, use 11 FA. hog rings spaced 24" O.C. B. Concrete: Provide concrete consisting of Portland cement complying with ASTM C 150, aggregates complying with ASTM C33 and clean water. Mix materials to obtain concrete with a minimum 28-day compressive strength of2500 psi, using at least 4 sacks of cement per cubic yard. PART 3 - EXECUTION 3.1 INSTALLATION A. Do not begin prior to completion of final grading. Drill holes for post footings in finn, undisturbed or compacted soil. Holes shall have a diameter equal to three times the diameter of the post. Excavate hole depths approximately 3" deeper than post bottom, with bottom of posts set not less than 36" in concrete base. Place concrete around posts in a continuous pour, tamp for consolidation. Check each post for vertical and top alignment. 1. Accessories: Set keepers, stops, sleeves and other accessories into concrete as required. 2. Brace Assemblies: Install braces so posts are plumb when diagonal rod is under proper tension. 3. Tension Wire: Install tension wires before stretching fabric and tie to each post with ties or clips. 4. Fabric: Pull fabric taut and tie to posts, rails, and tension wires. Install fabric on security side of fence, and anchor to framework so that fabric remains in tension after pulling force is released. 5. Stretcher Bars: Thread through fabric and secure to posts with metal bands spaced not over 15" O.c. 6. Barbed Wire: Insta113 parallel wires on each extension ann; on security side of fence, unless otherwise shown. Pull wire taut. CHAIN LINK FENCING 02821-4 I I I I I I I I I I I I I I I I I I I 7. Gates: Install gates plumb, level, and secure for full opening without interference. Install ground-set items in concrete for anchorage, as recommended by the fence manufacturer. Adjust hardware for smooth operation. 3.2 MEASUREMENT AND PAYMENT A. Payment for work under this section shall be made according to the bid schedule for lump sum construction. END OF SECTION CHAIN LINK FENCING 02821-5 I I I I I I I I I I I I I I I I I I I SECTION 02930 GRASSING P ART 1 - GENERAL 1.1 DESCRIPTION A. This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of grass on all areas of the site disturbed by construction operations. PART 2 - PRODUCTS 2.1 MATERIALS A. The following material shall be as specified by the "Standard Specifications," published by the State Departhlent of Transportation of Georgia, latest edition. 1. Agriculture Lime ................................. Article 882.02 2. Fertilizer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 891.01 3. Sod. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 890.03 4. Seed ........................................... Article 890.01 PART 3 - EXECUTION 3.1 CONSTRUCTION A. GROUND PREPARATION: Final grades shall be as existed prior to construction. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage after establishment of the turf. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. 1. After the areas to be grassed have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth of at least 6 inches by plowing, discing, harrowing, or other approved methods until the tillage is acceptable as suitable for planting. During tillage operation, the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting, or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed our before grassing operations are begun. B. APPLICATION OF FERTILIZER AND LIME: Fertilizer shall be distributed unifonnly at a rate of1500 pounds per acre of commercial 6-12-12 analysis fertilizer, and shall be incorporated into the soil to a depth of approximately 3 inches by GRASSING 02930-1 I I I I I I I I I I I I I I I I I I I GRASSING discing, harrowing, or other approved methods. The incorporation of fertilizer may be a part of the tillage operation specified above, or a part of the hydroseeding procedure as described below. 1. Immediately following, or simultaneously with, the incorporation offertilizer, lime shall be distributed at ,the rate of1500 pounds per acre, and shall be incorporated into the soil to a depth of at least three inches by discing, harrowing, or other acceptable methods. The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above. 2. Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be a commercial product, containing not less than 16 percent Nitrogen and Anunoniul11 Sulphate not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at a rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. C. SODDING: Sod shall be planted where grassing is required within or adjacent to any residential lawn. Sod shall be state certified of a like variety as the existing lawn, strongly rooted, and free of pernicious weeds. It shall be mowed to a height not to exceed 3 inches before lifting and shall be of uniform thickness with not over 1 12 inches nor less than 1 inch of soil. Sodding will not be permitted between October 15 and February 15. Temporary seeding shall be perfom1ed during this period as described below. 1. Before the delivery of sod, areas to be sodded shall be brought to the lines and grades as required and then plowed, disced, harrowed or otherwise loosened to the depth of not less than 2 inches. Cleanup shall include removal of stones larger than 2 inches in any diameter, sticks, stumps and other debris which might interfere with the proper laying or subsequent growth of sod. 2. Sod shall be laid on the prepared sod bed within 24 hours after cutting, except that sod may be stored in stacks or piles, grass to grass and roots to roots for not more than 5 days. Sod shall be protected against drying from sun or wind and from freezing as necessary. As far as possible, the moving and laying of sod shall be done when weather conditions and soil moisture are favorable. 3. Dry sod bed areas shall be well moistened before sod is laid. Sections of solid sod shall be laid edge to edge with staggered joints. Openings shall be plugged with sod or filled with acceptable loamy topsoil. After laying and joint filling, sod shall be rolled or tamped with approved equipment to eliminate air pockets and provide an even surface. 02930-2 I I I I I I I I I I I I I I I I I I I 4. Sod shall be watered when laid and kept moist until final acceptance of the contract. Watering shall be done so as to avoid erosion. 3.2 PERMANENT SEEDING A. Permanent grass cover will consist of hulled common Bermuda seeded at a rate of 10 pounds of seed per acre. Pem1anent seeding shall only take place between the dates of April 15 and September 15. Otherwise, temporary grassing as described below shall be undertaken. 1. Seed maybe applied by means of a hydro-seeder or other means approved by the Engineer. 2. Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The complete planted area shall be left with a fim1, even surface, free from abrupt humps and hollows, and to the established grade. 3. All areas seeded for temporary or pem1anent grass shall be unifom11y mulched with hay or straw at the rate of 2 Y2 tons per acre, except where hydroseeding is employed using a cellulose mulch mixed with the seed and fertilizer. B. TEMPORARY GRASS: Temporary grass shall be used when directed by the Engineer to control erosion where permanent grassing cannot be planted. 1. Temporary grass shall be a quick growing species such as rye grass suitable to the area and season. Seeding shall be done in accordance with the pem1anent grassing requirements above, except that ground preparation shall be the minimum required to provide a seed bed where further grading will be req uired. Areas that require no further grading shall be prepared as described in "GROUND PREPARATION" above. Lime shall be omitted unless the area will later be planted in permanent grass without further grading, in which case lime shall be applied as described above. Fertilizer shall be applied at the fate of 400 pounds per acre. Nitrogen shall be omitted. 2. In March or April of the following year, as soon as weather is suitable, all areas planted in temporary grass shall be thoroughly plowed up and grassed in accordance with the applicable permanent grassing method described above. GRASSING 02930-3 I. I I I I I I I I I I I I I I I I I I 3. MAINTENANCE: The Contractor shall erect necessary warning signs and barriers, mow grassed areas, and repair or replace grassed areas failing to show a unifornl growth of grass or damaged by his operations, and shall otherwise maintain the grass until final acceptance of the contract. Replacement of dried out or damaged grass shall be at the Contractor's expense. 3.3 ACCEPTANCE A. Grassed areas will be accepted when a 95% cover by permanent grasses is obtained and weeds are not dominant. B. The work may be accepted in whole or in part as determined by the Engineer and the Owner. 3.4 MEASUREMENT AND PAYMENT A. Payment for work under this section shall be made according to the lump sum price as shown in the bid schedule for Grassing. END OF SECTION GRASSING 02930-4