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Home My WebLink AboutSewer System Inspection Evaluation Augusta Richmond GA DOCUMENT NAME: Sc:.Wer S'J S-tern Iv->'S-pec-.hc,n L V 6.-\ u.-O--T\ 0 n DOCUMENT TYPE: LD Y'\ \- Vo...tt 5 YEAR: BOX NUMBER: ~\ FILE NUMBER: \.-, \ 33 NUMBER OF PAGES: ~3 Le CL Y'\.d I I I I I I I I I , I I I I I I I I I j~ -It /7/2> 5 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SEWER SYSTEM INSPECTION AND EV ALVA TION AUGUSTA UTILITIES DEPARTMENT BOND ITEM NO. 60140 prepared for AUGUSTA-RICHMOND COUNTY COMMISSION Augusta, Georgia FEBRUARY 2003 I ,CI~I tjy; l-H~M HILL; rut) ;jU;j L4L~; 0I::C-22-03 10:56; PAGE 1/1 I I I I I I I I I I I I I I I I I I INVlTATION to BID Sealed Bids wiU be receiyed in this office untU 11 :00 a.m., Friday, September,12, 2003 for furnishing aU labor, materials, equipment, other incidental items, and technical competeocy necessary for perfon;ning aU operations requked to professionally execute the contract. BID ITEM #03-077n Sewer System Inspection & Evaluation for Augusta Utilities Bids will be received by the City of Augusta Commission hereinafter referred to as the O\VNER at the Qffices of: Geri A. Sams The Cit)' of Augusta Purchasing Departruent 530 Greene Street - Room 605 Augusta, Georgia 30911 At the time aod place noted above the bids will be publicly opened and read. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street- Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $25.00 non refundable for each set. Documents may be examined during regular business hours at the offiees ofeity (If Augusta Purchasing Department, F. \-V. Dodge Room, Augusta, GA, and Augusta BuUders Exchange, Augusta, GA. A Mandatory Pre-BId Conference will be conducted at 10:00 a.m. on \Vednesday, September 3,2003 In the Conference Room of the Purchasing Department, Room 605. It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not Intended to restrlct Or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No Bid may be withdrawn for a period of 90 days after time has been caUed on the date of opening, A 10% bid bond is required to be submitted in 1I separate envelope so marked along with tbe bidders qualifications; !l100% perform!lllCe bond and a 100% payment bond will be required for award, The Owners reserve$ the right to reject any or all bids and to waive technicalities and informaUties, Please mark Bid Item number and Project Name on the outside of the envelope. Any objections to the specifications as set forth should be filed in writing prior to bId opening. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle !\ldro Courier - August 14, 2l, 28, 2003 - August 20, 2003 cc: Walter' Hornsby Max Hicks .Jim Rush - Augusta Equal Opportunity Augusta Utilities CH2l\1 Hill IJENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:58; PAGE 2 I I I I I I I I I I I I I I I I I I Purchasing Department Gerl A.. Sams, Purchasing Director Room 605- Municipal Building 530 Greene Stred - Augusta, GA 30911 (706) 821-2422 - FAX (706) 821-2811 Visit us at WWW.lIlll:Ustaga.&ov MEMORANDUM TO: All Bidders FROM: Geri A. Sams DATE: September 9, 2003 SUBJ: Bid Item ff03~077B Sewer System Inspection & Evaluation Please note the following addition/changes to your specifications: 1. The due date of Friday, September 12, 2003 at 11 :00 a,m. ha..<; heen changed to Thursday, September 18, 203 at 11 :00 a.m. 2. See attached infonnation. You must acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. IItN' ~Y: CH~M H1LL; .... I I I I I I I I I I I I I I I I I I 706 303 2429; DEC-22-03 10:59; PAGE 3 Addendum NO.1 Sewer System Inspection and Evalu~tion Project Augusta Utilities Department - Item Reference P3CjelSh09t No. Com ment9-au~tio,;sJReGponses 1 Bid Form Replace the Pay Item Schedule with the revised attachment. 2' Specifications Replace the section with the revised attachment. Section 1025 G -- 3 General Replace the section with the revised attachment. Conditions 4 Supplementary Replace the section with the revised attachment. General Conditions -- 5 Performance and Will a performance bond be required for the proJect? What is the value Payment Bonds required? Performance and Payment bonds in the amount of $600,000 will be required. 6 Bid Form Items 17 and 42 refer to reverse setups for TV. Does it also apply to reverse setups for cleaning? If we attempt cleaning from both directions, will there be extra payment? There will be no extra payment for reverse setups for c1eaninq. 7 Bid Form Pay Itam 2 and 32 - Vehicular Access Improvements. How are improvements to be determined without knowing what site conditions are? Different sites will have different requirements. Item 32 work items are specific to that part of the interceptor between Hwy 56 and the Spirit Creek Wastewater Treatment Plant. The Item 2 payment item has been deleted. Payment for vehicular access improvements for Group A work items will be compensated as justified, under Pay Item 27. ~ENT 8Y: CH2M HILL; 706 303 2429; DEC-22-03 10:59; PAGE 4 I I I I I I I I I I I I I I I I I I SECTION 01025 lVIcasurement and Payment PART 1- GENERAL 1.01 SCOPE A. This Section describes the methods and procedllre~ that will be used in and for processing Applications for Paymenr. The provisions will apply to work under all Sections of the Contract Documents unless specific instructions are provided wirhin individual Specification Sections. B. The basis of payment will be the unit prices and/or lump sum amounts in.cluded in the Pay Item Schedule. Estimated quantities arc provided for guidance only and do not necessarily reflect the total work to bc carried out. The OWNER reserves the right to adjust the quantities up or down as necessary and to prioritize the work in any order. Nothing in this Section shall be construed a~ providing for additional payment beyond the bid items. Prices \vill include all labor, equipment and materials necessary for a complete installation in accordance with the Contract Documents. AU incidenral work necessary [or a complete and operable project shall be included in the price bid. No payment will be made for partially completed bid item~. 1.02 MEASURF:MENT Item Method of Measurement CY Per Cubic Yard-Fi.eld ~'leasure by OWNER within the limits specified or shown EA Bar.:h-Completerl Unit; Appruved by OWNER GAL Per Gallun-Field Measure by OWNER DA Y Per Day - Field Count by OWNER JT Per Joint -Field Count by OWNER LB Per Pound(s)-Weight Ml;a~un: by .scale LF Per Linear FOOL-HOlizontal FicId Me~ure by OWNER LS Lump Sum-% Complete; Approved hy OWNER SF Per Square Foot" Field Measure by OWNER SY Per Square YanJ - Horizontal Field Measure by OWNER VF Per V crlica{ Foot - V crticaf Field Measure by OWNER WK Per Wt;ck- Field Measure by OWNER Sewer SySltill Inspection and Evaluation City of Allell~lll 09/08/03 IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:59; PAGE 6 I I I I I I I I I I I I I I I I I I 01025-3 Measun:nltnl umI Paymcnl task order. .Mobilization will not be measured, but will be paid on a lump sum basis in two (2) in~tal1ments. Fifty Percent (50%) of the lump $um price will be made on the first monthly estimate after initial mobilization and begiruung of \vork. The second and final payment will be made on the next monthly estimate after completion of all mobilization. The costs for demobilization, and re-mobilizations due shut downs or suspensions of the work cau~ed by the CONTRACTOR shall not be compensated. Item 32 - Vcbi.cular Access Improvements: Vehicular access improvements to manholes and sewer lines shall be provided where directed by the OWNER to facilitate ex.ecution of the work. CONTRACTOR shaH be responsible for detennining the improvements required for their equipment. The unit pric~ in the Pay Item Schedule for this work ~hall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this P.1Y item. Meaquremenl and payment will be in accordance to the Pay Item Schedule and based on the acmal quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Hems 3, 4, 33 and 34 - Manhole Inspections: Manhole Inspections shall be pcrfonned at locations designated by the OWNER to field locate and assess the condition of each manhole for subsequent inspection of sewer lines. In addition, a physical inspection of the manhole structure shall be perfurmed to locate possible sources of inflow and infiltration. Data collection and reporting, as well as recommendations for manhole rehabilitation Or repl(lccmcnt shall be in' accordance to the Contract Documents. The unit price in the Pay !tem Schedule for this work shall include all labor, materiab, equipment, maintenance and other incidental costs which are necessary to complete the requiremenl$ of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured ill UII.; fidtl; and approved to the satisfaction of the OWNER. Items 5 thm 7, 35 and 36 - Clcanine Sewer~: Cleaning in sewer lines shall be p~rfonned to allow completion of inspections, and improve the functional pelfonnancc of the sewer lines. Cleaning shall include the removal and proper disposal of (Ill soil, sill, rocks and other granular material and a') well as othcr foreign debtis from the pipelines including all connecting manholes to the sewers being cleaned.. All cleaning work shall be performed in accordance to the Contract Documents. The unit price in the Pay Ttem Schedule shall include alllahor, materials, equipment, maintenance and other incidental costs which arc necessary to complete; the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the quantities completed as measured in the field horizontally from the center of manholes on each pipe segment as approved to the satisfaction of the OWNER. Measurement.,> for payment shall not exceed the actual length of pipe measured between manholes. Payments will not be made until veritlcation of contract conformance by inspections and approved to the satisfaction of the OWNER. Sewer Sy~lcm IllSl)ecdou and Evaluation Citv uf AUL'lHt:t nom ~ 1/l1 IIENT BY: CH2M HILL; 706 303 2429; DEC-22-0311:00; PAGE 7 I I I I I I I I I I I I I I I I I I 01025-4 Measurenlr.nl and Payment Items 8 thru 10.37 and 38 - Root Removal: Root removal and/or joint cleaning in sewer lines shall be performed to improve the functional performance of the sewer lines and/or to remove obstructions and protnI~i(Jns in the pipeline. Locations shall be tlpprovcd by the OWNER prior to initiating any work. All root removal work shall be performed in accordance to the Contact DOCUlllenls. The unit pricc in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurcment and payment will be in accordance to the. Pay ltem Schedule and based on the tota.llength of pipe measured between manholes and approved to the satisfaction of the OWNER. Measurement.;; for payment shall not exceed the actua.llength of pipe me3sured between manholes_ Item.s 11 thru 13 and 39 ~ Xcmporarv Bvpa."s PUOlpine: Temporary pumping shall be provided as necessary to provide wastewater flow control at locations as approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include alllahor, materials, equipment, maintenance and other incidental COlSts which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the tield, and approved to the s<itbfaction of the OWNER. Hems lIA. 12A, 13A and 40 - Temporary Bypass Pumpilll? aod Lcakal!:c Measurement: Temporary pumping shall be provided as necessary to provide wastewater t10w control and Leaka,gc Measurement (in accordance with Specification$ Section 02752, Part 3.01) at locations as approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintcnance and other incidcntal costs whieh are necessary to complete the rcquirements of this pay item. Me:lsurcment and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, m.easured in the field, and approved to the satisfaction of the OWNER. Items 14 thru 16 and 41 - Internal StW~l" Inspections: Internal sewer inspcction~ shall be performed to determine the intcm;ll structural condition of sewer pipes and perfonned to locatc possible sources of inflow and infiltration. Inspections, Data collection and reporting. as well as recommendations for sewer pipe rehabilitation or repli:lcement shall be in accordance to the Contract Documents. .the unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which arc necessary to complete the requircmcnts of this pay item. Measurement i:lnd payment will be in accordance to the Pay Item Schedule and'based on the quantities completed as measured in the field from the center of manholes nn each pipe segment as approved to the satisfaction of the OWNER. Measurements for payment shall not exceed the actual length of pipe measured between manholes. Payments will not be made until verifi.cation of contract conformance by approval of inspections and deliverables to t.he saLisfaction of the OWNER. Sewer System 11I~p"clion and Evaluation Cily vf AU,I(llSra 09108101 IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 11 :00; PAGE B I I I I I I I I I I I I I I I I I I 01025-5 Mea<;un:mo;nt and Payment Item 17 and 42 - Reve~e Setups for: Sewer lnsuectiomi: Reverse setups shall be petfol'mcd a::; neces~ary when obstructions inside the pipe prevent completion of the sewer inspection in a single direction. The unit price in the Pay Ttem Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs \....h.ich are necessary to reset the inspectiun equipment to complete the in~pection from the opposite manhole. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 1 RamI 43 - Smoke Testio1! of Sewers: Smoke testing of sewers shall be perrolmed as directed by the OWNER. 11le uIlit price in the Pay Item Schedule for thi~ work shall include all labor, materials, equipment, maintenance and other incidental costs which arc necessary to mobilize at a site designated by the OWNER, disttibutc public notifications (provided by the OWNER), and complete a blower assjsted smoke Lest of a manhole LO manhole segment of sewer up to 600 lineal feet in length. Measurement and payment will be in accordance to the Pay Item Schedule and ha.o;;ed on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Items 19 thru 24 and 44 Point Repain;: Point repairs shall be performed. to repairs sewer lines with internal defects that prohibit the completion of sewer inspections a.<: approved by the OWNER. All work shall be perforrned in accordance to thc Contract Document,;. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary LO complete the requirements of this pay item, Mea.')urement and paymcnt will be in accordance to the Pay Item Schedule and based on the actual qll~mtities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 2S - Adder to provide pavement restoration to point reuair: Additional. work to provide pavement restoration shall be provided as necessary at locations ill; approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include a11labor, materials, equipment. maintenance and other incidental costs which are nece~s;.!ry to complete the requirem.ents of this puy item. Measurement and payment will be in accunlance to the Pay Item Schedule and based on the actual 4uantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 26 and 4S - Dewatering: Temporary pumping shall be provided as necessary to provi.de de-watering excavations at locations a~ approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include a11labor, materiaLs, equipment, maintenance and other incidental (;O~t.s which are necessary to complete the requirements of this pay item. Measurement and payment win be i.n accordance to the Pay Hem Schedule and hased on the acmal quantities completed, mea.sured in the ,field, and approved to the satisfaction of the OWNER_ Sewer System Inspection and F.:vHlllllli')!l City of Augu~t:J. 09/08/03 II?ENT BY: CH2M HILL; 706 303 2429; DEC-22-0311:01; PAGE 9 I I I I I I I I I I I I I I I I I I 01025-6 MCHSlIfCIDcnt amI Payment Item 27 and 46 - Allowance for Emergency Repairs or Work not Coyered by Pay Items: Emergency repairs or wurk not covered by pay items shall not be pertormed without prior approval by the OWNER. This allowance will be used under the sole dircction of the OWNER. Any unused allowance will revert back to the OWNER. Cornpen~atioo fur this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be either on a lump sum or time and materia! basis as approveu by the OWNER. Item 28 - Traffic Control Plans: Traffic control plans shall be provided a<; necessary for preparing and securing permits at the work site where directed by the OWNER. The unit price in the Pay Hem Schedule for this work shall include all labor, materials and other incident.al costs which are necessary to obtain a traffic COntrol permit for one project work site. Mcasurcmcnt and plJ.yment will be in accordance to tne Pay Item Schedule and based on the actual quantities completed and approved to the satisfaction of the OWNER. Item 29 - Traffic Control Plan Implementation; Traffic control plan implementation shall be provided as necessary for providing site traffic control and maintaining traffic at the work site where di.rected by the OWNER. The unit pdce in the Pay Item Schedule for this work shall include aU labor, materials, equipment, maintenance and other incidental costs which are nec.:essary to complete the requirements of this pay item. The cost for traffic control greater than this allowance shall be included in the unit plicc of the individual pay items. Measurement and payment will be in accordance to the Pay Item Schedule amI hased on the actual quanritie~ completed, measured in the field, and approved to the satisfaction of the OWNER. Item 30 and 47 - Proiect Manaeemcot Allowance: Thc project management allowance shall he provided as necessary to support full time on-site project management, CONTRACTOR '5 field office, project mcctings and other associated incidental eosts for the duration of the contract. The cost for project management greater than this allowance shaLl be included in the unit price ofthe individual pay items. The project management allowance provided in the Pay Item Schedule shall he measured on a weekly basis, and paid with each monthly pay estimatc after initiati.on of the work as ,-tpproved by the O~R. ' Sewer Systcm Inspection and Ev"hralion Citv of A'H'lI<:t" f\O/ni:llf)'! IIENT BY: CH2M HILL; I I I I I I I I I I I I I I I I I I 706 303 2429; DEC-22:03 11 :01 ; SUPPLEMENTARY GENERAL CONDITIONS PAGE 10 SC-l. The~e ~;uppiemeutalY condition::; amend or sllppkment the Standard. Gt:n~rJ.I Conditions of the Cunstruction Contract and other provisions of the Contract Documents as indicated beluw. All provisions which are not SO amended aT supplemenLed remain in full force and effect ~C-2, The terms lIl;ed in the supplementary condition which are defined in the Standard Gcn<.;ral Conditions to the Construction Contmct have the meanings assigned to them in LIlt:: General Conditions. 5C-3. Revise paragraph 2,7 in its entirety and insert the following. Before allY work allhe site is started, CONTRACTOR shall deliver to OVlNT~l{, with a COpy to ENGINEER, ce11ificatc.') (l:Inu uther evidence of insurance requested by OWNER) which CONTRACTOR is required to purcha..'ic and maintain in accordance with paragraphs 5.3 and 5.4. SC-4. Amend paragraph 4.2,1 Add: Soil boring report is Dot avaHab/,c. SC-5. The limits of liability for the in:surance required by paragraph S.~ of the General Conditions shall provide coverage for not less than the following amounLs or greater where required by Law:> lUlJ Regulations: · Comtnercial General Liabi,Uty (per occurrcoc~) Each Occurrence · Gcneral Aggregate · Products · Persollal. & Adv Injury . Fire Damage · Automobile Liability (any auto) Combined Single Limit · Excess Lia.bility (Umbrella) . Each Occurrence · Workers Compensation · Employer Liability SC-6. Add to paragraph 6.8.2. $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 500,000 $ 1,000,000 $ 5,000,000 Statutory Limit') $ 1,000,000 The CONTRACIOR shall identify any SUHCONTRACTOR performing more than 20% of the overall project costs, within two (2) days of being notlfied that the CONTRACTOR. is the apparent low bidder. SC-7. ^dd paragraph 7.5 7.5. Should CONTRA.L.'TOR cause damage to the work or property uf any separate contractor at the :;ite, or should My daim arising out of CONTRACTOR's pelformance of the Work aL the site be made. by any scpar.tte contractor against CONTRACrOR. O,"'NER, ENGINEER, the Construction Coordinator or any other perSOn, CONTRACTOR ~hall IIENT BY: CH2M HILL; I I I I I I I I I I 706 303 2429; DEC-22-0311:01; PAGE 11/20 promptly attempt to settle with such other contractor by agreement, or to otherwise resolve [he dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permiLted by Laws ~d Regulations, indemnify and hold OWNER, ENGINEER and the ConstlUction Coordinator harmless from and against all claims. damages, losses and expenses (ind.odiog, bllt not limited to, fees of engineers, architects, attorneys and other professionals and court and arbllration COSLS) arising diru:tly, indirectly or l;ull~cqueuLially uul uf llilY ul;tiun, legal or equitable, brought by any separate contractor against OWNER, ENGINEER, or the Construction Coordinator to the ex.tent based on a claim arising out of CONTRACrOR's performance of the Work. Should a separate contractor cause damage to the Work or property ()f ~ONTRACIOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRAC'TOR shall !lot institute any action, legal or equitable, against OWNER, ENGINEER or the Constt:uction Coordinator or pennit any al:tion against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability 00 or to recover damages from OWNER, ENGINEER or the Con!;tffiction Coordinator on a<;<;ount of <tny such damage or claim. If CONTRACTOR is delayed at any time in pmforming or furnishing Work by any act or neglect of a sepmd.te contractor alld OWNBR a11d CONTRACTOR ille unable to agree a.s tl.1 t he extent of any adjustment in Contract Time attributable thereto, CONTRACfOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shalt be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER ond Construction Coordinator for auy dchly, disruption, inte1ference or hindrance ca~cu by any separatt: c;unlradur. Tllli; paragraph does not prevent recovery from OWNER, ENGINEER or ConstlUction Coordinator for activities that are their respective l:'Csponsibilities. SC-l) Right of Way and Constmction Access I I I I Existing Sewer easements and publ ic right -of-way areas arc desi!,'D<lteu as the Conlr.tctor's Work Area. The Contractor will be responsible for observing the limits of the right-of way and shull prohibit uny \vork being done on or any damage to property outside the bounds of the right-of-way, Additional work 3re<i$, access points and storage space, if required, shall be obtained by the Contr.tctQr at DO additional cost SC-9 Disposal of Waste Material I The disposal of all excavated material or spoil not required for use in the permanent work shall be Llle cespumibility uf the Contrnctor. He shall remove all excess excavated material or spoil from the site of the Work and dispose of (he same in a It::gal manner at no additional cost. Bunting of debris on site wil1 not be allowed. SC-lO EnvirolllllelHal Protection I I I Contractor shall conduct his operation in a manner to prevent poUutiOJl of the environment surrounding the lltCa of work by every means possible and shall b<:.: rr~.'jp(lnsible for furnishing all necessary items for fulfilling the work described herdn, t\, No waste or erosion materials :lh~U be allowed to enter natural or lllilDD1ade water or sewage removal s)'slcm~, Erusionmaterials from excavations. borrow area", lENT BY: CH2M HILL; I I I I I I I I I I I I I I I I I I 706 303 2429; DEC-22-03 11 :02; PAGE 12/20 or stock.piled fill shall be cont<lined within the work area. Contractor shall develop rncLhods for coutro! of waste and erosion, which shall include such mean.s as filtration, settlement, and manual removal to satisfy the above requirements, B, No burning of waslt: shall be allowed. C. The contractor shall at all lime control the gt:Deratioll (If dust by his operations. Control of dust shall be accomplished hy water sp1inkling or other approved means. D. All chemicals used during construction or furnished for prujcxt operation, whether herbicide, pesticide, disinfectant, polymer, reactant Or other c1assit1cation, must show approval of either EPA or FDA. Use of all such chemicals and disposal of residues shall he in conformance with instructions_ E. In the event that the c.ootractor causes Or has a spill Or accidental discharge for which the Owner is fmed by the Slate of Georgia fWD, the Contractor agrees tu remedintc the spill or discharge immediately in accordance with curreO{ EPD regulations and to pay any fines assessed against the City and/or Contractor. . . . CJ) m ~ m :0 (JJ -< )>(/) c:-f G)m c5:': cnz -irov )>"'C)> cm-< .,0- _-f-4 r-Ol =iO:: ffiz(I) C/)'PO OZ:I: mom "'Cmo ~<c :o)>r -lrm sC m~ z- -;0 z ""0 :II o c.. m o woof Z-f Om . S c m (J) 0 ::D ""0 -I 0 Z C Z -I 0 c )> Z -I ., -< ~ ::J ~c ... z ~=i (!) 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F:OF: !=l0/ -J=J(l F:0-?7. t>0: 07./07. =JD'i1ri I I I I I Revision Oolite AuguGt )001 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: I I I I Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid- The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. I I I I I I I I I I Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price- The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time- The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which. when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 I I I I I I I I I RQVltlion ~tll AUQ'IUlt 2001 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. I I Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. I I Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. I I I I PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. I I GC-2 Page 2 of 52 I I Revision Date Auguat 2001 I Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. I Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. I Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. I I Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supp/ier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. I Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. I I I Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. I 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. I I Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. I I GC-3 Page 3 of 52 I I I I Revinion O.Le Auqust: 2001 ARTICLE 2-PRELlMINARY MATTERS I Delivery of Bonds: I 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. I I Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. I Commencement of Contract Time, Notice to Proceed: I 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: I 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. I Before Starting Construction: I I 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. I 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: I 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and I . 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. I GC-4 Page 4 of 52 I I I I Rovil'lIion Ddt.'3 AUq\1::1t 200 l I 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. I I I Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: I 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. I I I I I I CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. I I I I GC-5 Page 5 of 52 I I I I I I RevilJion Data AuglJllt 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: I I 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. I I I I I I I 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. I I 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: I 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, I GC-6 Page 6 of 52 I I I I I I Revision Data AUg1.lGt 2001 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. I I 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or I I I I I. 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. I I I I I I I GC-7 Page 7 of 52 I I Revi$lion Ddto Auqullt: 2001 I I I ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lands: I I I I I I I' I. I I 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. I 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, pertormance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is I I I GC-8 Page 8 of 52 I I I I I Re'J i :liol) Dat.~ AUglJ5t 2001 justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: I I I I I I I I I I 4.3.1 . Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: I 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. I I I GC-9 Page 9 of 52 I I Rovitiion D.....tu August. 2001 I I I 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 of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. I 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. I , I I I I I , I 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. I I I I GC-10 Page 10 of 52 I I I I I I I I Revinion Ollt:<" AUg\.Iut 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance I I I I I I I I I I I 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part 'of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 52 I I I I I t I I p..oviDlon O"'te Auqunt 2001 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. I I I I I I I The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: I I I I 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary GC-12 Page 12 of 52 I I I I I t I I p.~vil1ion Datu Aug\l~1: 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a: provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. I I I I I I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. I I I I 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 Page 13 of 52 I I Revioion Datu August: 2001 I Receipt and Application of Proceeds: I I' I I I 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds I I I 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: I I 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. I I Partial Utilization-Property Insurance: I I I I 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and GC-14 Page 14 of 52 I I I I I R~vi6ion Ddt.<! J\UgUllt; 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. I I I I 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I I I I I I GC-15 Page 15 of 52 I I I I I p..viuion Oate Auqu::Jt 2001 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES I I I I I I I I I I I' I I I 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Page 16 of 52 I I I I I Rovi~ion Otlte Al..lquot. 2001 Substitutes or "Or-Equal" Items: I I I I I I I I I I I I I I 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests 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 of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior wrillen acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization GC-17 Page 17 of 52 I I I I I Revision D41t.e AUg\.llit JOO t to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. I I I I I I I I I 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: I I 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: I I I 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and GC-18 Page 18 of 52 I I I I I' Rcvi.aion Oat-a Augu1:t. 2001 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: I I I 6.14.1. CONTRACTOR shall give all notices and comply with all laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: I 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. I I Use of Premises: I I I 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-ot-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by laws and Regulations, indemnity and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONAls, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. I I: 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. I I I GC-19 Page 19 of 52 I I I I I I I I I I I I I I I I, I I I Revitlion O.'lte "ugu~t ZOOl 6,18, CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 Page 20 of 52 I I I I I I I I I I Roviroion [Mt~ .\uQunt 200 I 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: I 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. I I I I 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. I I I I 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. GC-21 Page 21 of 52 I I I I I I I I I Rcvi~ion &t:" Augugt 2001 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. I Continuing the Work: I I I 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: I I 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: I 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily I I I GC-22 Page 22 of 52 I I I I I I I Revision o.to AUQ'lltlt. 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. I 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. I I I I I I I I I I I GC-23 Page 23 of 52 I I I I I R@villion Data AUV'.Hlt: 2001 ARTICLE 7---0THER WORK Related Work at Site: I I I I I I I I 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, il CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: I I I I I I 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC-24 Page 24 of 52 I I I I I I I I I I I I I I I I I I I RQ'Ji9ion Date Augu~t. 2001 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 I I I I I I I I I I I I I I I I I I I Rev i '1 Lon Dot'" AUgullt "'001 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 I I I I I I I I I I I Revision O",t(l ~ugullt 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. I I I I I I I I Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition GC-27 Page 27 of 52 I I I I I I I I I p.tlviuion De.to Al.Ig1JlIt 2001 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. I I I I I I I I I I GC-28 Page 28 of 52 I I I I I I I I I RevifJion Date August. 2001 ARTICLE 1 Q--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. I I I I I I I I 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless 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. I I GC-29 Page 29 of 52 I I I I I Roviuion O<lte AUIJU5~ 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. I I I I I I I I 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. I I I I I I 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said GC-30 Page 30 of 52 I I I I P.'lViDion Dat<:l Aug\J3t 2001 reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. I 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. I I I I I I I I I I I I Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by_CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 I I Page 31 of 52 I I I I I I I I I I I I I I I I P.uviaion Ddto:> AUQ\J5It 1001 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: I I I 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11 .4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. GC-32 Page 32 of 52 I I I I I I I Revioion D~t~ AugulIt. 2001 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. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. I I 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: I I 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: I I I I I I 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the GC-33 I I Page 33 of 52 I I I Roviaion Odt.e Auqust: 1001 I I I I I I amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and I I I I 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: I I I I 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I G C-34 Page 34 of 52 I I I I I I I I I RoviDion Dato 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. I I I I I I I I I I 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-35 Page 35 of 52 I I I I I ReyiDion D<lto A\.lqulOt. 2001 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: I I I I 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. 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. 1 Tests and Inspections: I 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. I I I I I: I 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. GC-36 I I Page 36 of 52 I I I I I I I I Rtt..,i.1lion Data AUQunt: 2001 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. I 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, 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. I I I I I I I I OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR doe:, 110t 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. I I GC-37 Page 37 of 52 1\ I I I I I I I I I I I I I I I. I I I Revision Data Augul2t. 1001 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs GC-38 Page 38 of 52 I I I R(!'J\slon Ddtc August 2001 I I and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR I 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. I I I 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. I I I I. I I I I GC-39 I Page 39 of 52 I I I I RovitolOn O.t.:.a '\u'il'uat 2001 I I 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. I I Application for Progress Payment: I I 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retain age that will be held until the final payment or acceptance by OWNER. The amount of retain age with respect to progress payments will be as stipulated in the Agreement. ., I CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. I I I Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. I 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price I I I GC-40 Page 40 of 52 I I I I Roviaion DllOtc. AUql.IDt 2001 I I I I I I I I Work under paragraph 9.10, ancl to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete 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. I I I I OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: I I 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 I GC-41 Page 41 of 52 I I I I I I I Revision o",tQ A.UQUDt 200 l I I I I I I I provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: I I I I 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 I I Page 42 of 52 I I I I I ,I I I I I I I I I I I I Revi.ion Date AU'JUDt 200 l Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 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. I I G C-43 Page 43 of 52 I I I I I I I I I I I I I , I I I I I P..avi5ion ~t.D August 200l 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OW NER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an GC-44 Page 44 of 52 I I I I I I I , , I , I I , I I I '. P..eviuion no!lt'C AUQuut: 2001 acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or' the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. I I GC-45 Page 45 of 52 , I I I I I I , I I I I I I I I I I I R.vi5ion D3tc AUqullt 2001 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude GC-46 Page 46 of 52 I I I I I I I I I I I I I I I I I I Revi~ion D4tt." AUQ'.lst 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause lor termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 52 I I I I I I I RoeviDion o".t:o AugulIt 1001 I I ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. I I I I I I I I I I I GC-48 Page 48 of 52 I I I I I Revision Dat.e AU<,1U~t: 2001 ARTICLE 16--DISPUTE RESOLUTION I 16.1 . All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining fo 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. I I I I I I I 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. I I I I GC-49 I I Page 49 of 52 I I I I I I I R~iaion o",ta AU9\Jtl-t 2001 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. I I I I 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. I I I I I 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. I I I GC-50 Page 50 of 52 I I I Rovlsion DlItp .'u'ilust 2001 I I I I I I I I 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retain age pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. I I I I I: I 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference) . 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 I I Page 51 of 52 I I I P.evi5ion D<lte Augullt: 2001 appropriate. I I' I I I I I I I I I I I I 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M Hill, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to 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 entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC-52 I I Page 52 of 52 I I I I I I I I I I I I I I I I I I I Purchasing Department Geri A. Sams, Purchasing Director Room 605- Municipallluilding 530 Greene Street - Augusta, CA 30911 (706) 821-2422 - FAX (706) 821-2811 Visit us lit WWW.llUgustlll;ll.gOV MEMORANDUM TO: All Bidders FROM; Geri A. Sams DATE: September 12, 2003 SUBJ: Addendum #2 Bjd Item #03-077B Sewer System Inspection & EvaLuation Please note the following addition/changes to your specifications: 1. See attached infOlmation. You must acknowledge receipt of addendum in your bid package. If you have any questions regarding this conespondence, please contact me at (706) 821-2422. I I I I I I I I I I I I I I I I I I I U~~ ~~ ~u~~ ~J.~W n.'....... I U"\,.,lln..J11'tL' (~OOc:.J.c:.O~J. r..lQc. Addendum No.2 Sewer System Inspection and Evaluation Project Augusta Utilities Department Item Reference Page/Sheet No. Comma n t3 -Questio ns/Res pon Sf.!l;> 1 Instructions to Because the project work will be executed on a task order basis, and the Bidders, Page maximum task order amount is anticipated not to exceed $300,000, IB-3. Article IB- Performance and Payment bonds are required in the amount of $300,000. 07 Performance In lieu of Performance and Payment Bonds, Contractors may submit an Bond irrevocable letter of credit issued to Augusta, Georgia care of the Augusta- Richmond County Commission. in an amount not less than $300,000. The letter of credit must be issued from a bank satisfactory to the Owner and authorized by law to do business in the State of Georqia. 2 Supplementary Add to the Supplementary General Conditions article SC-11 per the General following: Conditions Performance and Other Bonds - Amend Paragraph 5,1 to Include the foJ/owing: In lieu of Performance and Payment Bonds, Contractors may submit an irrevocable letter of credit issued to Augusta. Georgia care of the Augusta-Richmond County Commission, in an amount not less than $300,000. The letter of credit must be issued from a bank satisfactory to the Owner and authorized by law to do business in the State of Georgia. FINO ADOENDUM 2 03 09 12 0911212003 IItN' ~Y: CHLM Hill; fUti jUj L4L!:J; UtC-LL-U;1 lU:jf; I-'AGt 1 I I I I I I I I I I I I I I I I I I Purchasing Department ~rl A. Sams, Purchasing Director Room 605- Municipal Bundlllg 530 Greentl Street - AU2USta, CA 30911 (706) 821-2422 - FAX (706) 821-2311 Visit us lit www.augusiap.1OY MEMORANDUM TO: All Bidders FROM: Gcri A, Sums DATE: October 9, 2003 SUBJ: ADDENDUM #3 Bid Item #03-0778 Sewer System Inspection & Evaluation Please note the following changes attached for Rid Item #03-077B. The new bid opening date will be Friday, October 24,2003 @ 11 :00 a.m. Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this corre~pondcnce) please contact me at (7U6) 821-2422. Cc: Walter Hornsby, Equal Opportunity Officer Ma"{ Hicks, Augusta Utilities File IIENT BY: CH2M HILL; 706 303 2429; OEC-22-03 10:37; PAGE 2 I I I I I. I I I I I I I I I I I I I Addendum NO.3 Sewer System Inspection and Evaluation Project Augusta Utilities Department ....- . Item Reference Page/Sheet No. Com m enl:3-Qu es ti 0 n sIRes pOllses --- 1 Instructions to Revise paragraph IB-07 PERFORMANCE BOND to read as follows: Bidders, Page At the time of entering into the contract, the Contractor shall give bond to IB-3, Article 18- 07 Performance the Owner for the use of the Owner and all persons doing construction or Bond rehabilitation work (as noted by the * in the bid schedule) under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such construction or rehabilitation work. for saving the Owner harmless from all cost and charges that may accrue on account of. the doing of the construction or rehabiliation work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the estimated total amount of a construction or rehabilitation tdsk order, estimated at no more than $100,000, satisfactory to the Owner and authorizeE.Et.J~~~..s!2.~lsiQ.E?ss in the State of Georqia. 2 Supplementary Add to the Supplementary General Conditions article SC-11 as follows: General Performance and Other Bonds - Revise Paragraph 51 of the General Conditions Conditions to read as follows: CONTRACTOR shall furnish performance and payment Bonds, each in an amount of at least $100,000 as Security for the faithful performance and payment of all CONTRACTOR'S obligations for those construction or rehabilitation payment items (separate Task Order(s)) denoted by an ";Ie" in the Bid Schedule under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be executed by such sureties CiS are named in the CUITellt list of "Companies Holding Certificates of Autllority as Acceptable Sureties an 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. IIENT BY: CH2M HILL; I I I I I I I I I I I I I I I I I I 706 303 2429; DEC-22-03 10:37; PAGE 3 Addendum No.3 Sewer System Inspection and Evaluation Project Augusta Utilities Department Item Reference PaCle/Sheet No. 3 Supplementary General Conditions Comm ents -Ques.tionsJRes ponses Add to the Supplementary General Conditions article 5C-12 as follows: The following notes shall apply to all phases of the task orders involving work within the public Right-oF-Way: 1. Ingress and egress shall be maint~ined at all times to adjacent properties. 2. All work to be done In accordance with the latest edition of the standard specifications of the Georgia Department ot rransportation and the Augusta Public Works Department. 3. All temporary signs, construction signs, barricades, flashing lights, striping and any other traffic control devices required during execution of this project shall meet all requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways (M.UTC.D.) current edition, as directed by the engllleer and furnished by the CONTRACTOR with paymeflt iflcluded in his bill (or Tr Clrfic CUfltmj Implementation. 4. Traffic Control Devices shall be installed In accordance with the uManual on Uniform Traffic Control Devices for Streets and Higt1ways" in order to maintain and control traffic. Traffic control/detour plans shall be submitted to tile City Engineer for approval 3S noted in the Augusta-Richmond County, Georgia Right-Of-Way Encroachment Guidelines. 5. The Contractor's attention is directed to GA D.O.T. sub-section 104.05 and 107.07 of the Standard SpeGifiC::Jfions ;:Jnd the Special Provision for Traffic Control 8nd Sequence of Oper3tion In regards to maintaining traffic during project execution. 6. The Contractor shall have a copy of the Augusta-Richmond County, Georgia Right-oF-Way Encroachment Guidelines Development Document #15, adopted June 1999. amended August 2000. The requirements set forth in this document shall be adhered to at all times. 7. Notify the Augusta Public Works and Engineering Department inspector at 530 Greene Street, Room 701, Augusta, Georgia 30901; Phone (706) 821-1706 at least 24 hours in advance of any work within the public Right-oF-Way. Provide construction sc:hp.oules for work in the right-of-w3Y to the Public Works Department throughout the duration of this contract. 8. Coordinate road closings and detours with the A1JOllsta Pllhlic: Works ~nd Engineering Dep~rtment 3t telephone (706) 821-1706. 9. CertiFied flaggers and/or arrow boards will be required to maintain traffic control while working within the limits of public or private roadways. IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:37; I I I I I I I I I I I I I I I I I I Addendum No.3 Sewer System Inspection and Evaluation Project Augusta Utilities Department ..- ~. Item Reference -- Pa~e/Sheet No. e omll1 en ts -Qu os!ionsl R es por l~ e ~ 4 Specifications Replace the section with the revised attachment. Section 1025 Measurement and Payment ._~. [] Bid Form Replace the Pay Item Schedule with the revised attachment. PAGE 4 I;ENT BY: CH2M HILL; I I I I I I 706 303 2429; DEC-22-03 10:38; PAGE 5 PART I ~GENERAL 1,01 SCOPE Sf:CTION 01025 Mcasu rl"nICllt and Payment A. This Section desclibe$ the metl10ds and procedures that will be used in and for processing Applications for Payment. The provisions will apply to work under aU Sections of the Contract Documents unless speciEc instructions arc provided wi thin indi vidual Speci I1cation Sections. B. The basis of payment will be the unit prices and/or lump slim amounts i neluded in the Pay Ttem Schedule. Estirnated quantities arc provided fiJr guidance only (lad do not necessarily reflect the total work to be canied out. The OWNER reserves the right. to adjlL"t t.he 4uantities up or down as necessary and to prioritize t.he work in ,=tHY order. Nothing i.n this Section shall be wnstrueu as providing for additional payment heyond the bid items_ Plices will indude all labor, t:<.juipment and materiab necessary for a complete in~;talhttion in accordance with the Contract Documents. All incidental work ne<.;essary fOr a ~'.o1npkk and opt:rabl~ proje<.;t shall be included in tbe price bid. Nu paYlIlcut will be lHalk Lor parlially completed bid items. I I I I I I I I C. A Performance Bond shall be provided fur all work involving eO(l::;('fucrion. or rehabilitation activities as required by the Supplemcntary (JL'.ncral Conditions. 1.02 MRASTJREMENT Hem Cy EA GAL DAY JT LF LS SF SY WI<. I I I I Sewer ::iy~rcm lnspfction and Evaluation Methou (If Mellslln~ment Per Cubic Yard-field Measure by OWNFR wi/hin the lilllits specified or shown I-:j,ch -C(1mpl~ted Unif; Approved by OWNER Per Uallon--Field Mea::;urc by OWNr:R Per Day- Field Count by OWNER Per Joinl-- Fidd Count Ly OWNER Per Linear Foot-Horizul1{<l1 Ficld Measure hy OWNER Lump SUlll-% Complete; Approve;:d by U\VNbl\ Per Square FOOf - Field Measure oy OWNU{ PEr Square Yard - Horimnlal Fidel MC;l:';llrc hy OWNER Per Week- Field Measure by O\VNEK. Cily ,-,( .'\lIgtl~lil I ()I(fi;O:i IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:38; PAGE 6 I I I I I I U I U25-2 Me<l:;lln;mcnt and Payment 1.03 APPLICATION ~'OR PAYMENT A. Transmittnl Summary Fonll: Attach one Sununary Form with each detailed Application {(.>r Payment for each schedule and include Request tor Payment of Materials and Equipment on Hand as 1:tpplicahle. Execute celtificni"iol1 by authorized officer of CONTRACTOR. B. Use detailed Application for Payment F0ll11 suitahle to OWNER. I I I I I I I I I I D. Provide separate t<'HTIl for each schedule as applicable. rn~lude accepted schedule of values for each schedule or portion or Work. the unit price breakclown for Work to be paid on unit price basis, if applicable. and allowances. as appropriate. E. Applications for payment will be acceptable on a calendar month cyde. or les~, frequemly; and shall be submitted in accordance to thc General Conditions PART 2 - PA Y ITEMS lnnovativc 'rcchn(llogjc~ The Owner is willing lo consider otner innovative/alLemLllivc technologies to complete the work. Firms interested in providing innovative techn()logie~, (trenchle:,~; point I'epair~;, altemative intemal inspection tools including Sewer ScarU1ing and Evaluation Technology, cte) are encouraged to submit experience histories and .rc::ferences for further c.onsideratiol1 by the Owner. Descriptions uf any alternatives, unit prices <lnd L1llit price de~GI:ipti.oIls including differential plicing and descriptions shall be provided to {he Pay Item Schedule should also he included in the proposal. Acccptance or any Finn proposing innovati ve/altemativl;: (l;:clUlologies doe.s not lm.pl.y any guarantec of tl.l.cir llSC on this project ilnd all itcms o11t11(; Pay Item Schedule must be included for any proposal to be considercd complete. PClformallce Rond.s Work itcms followed by an astelisk (*) denote construction or rehabilitation a<..:tivities Goverecl by PerfiJrmancc Bonds. I I ItCl1l~ xxW - Work ill Wetlands: Work itcms in the Pay Item Schedul.e with the suht<L'ik dt:;sign~ltion "W" shajJ include all labor, materials, cquipllJent, maintenance and other incidental cost; whic:h art: necessary to cumpktL: rllt requirements of this pay item. in areas where wdlunds arc cncoLl11lcrcd, the use ofligllt construction equipment and mats \:vill be useu to minimize site impacts. Cle\1ring within the ea.'iement shall he limiteu to the minimum needs JilT cqLlirmtflt access. All downed material greater than 8-iJ.lches ill di,UlJeter will be removed from the site to prevent obstructions to flow and the creation ol~ blockages. No chipping and spreadi.ng wiII be allowed within wetland botll1dalie::i. Stumps and TOOt. rU:LL') ~hal1 be left Sewer System InspectiOIl ,uld Ev;t111alillfl City nF 1\1I~IJStil 10;0.;/(1.1 IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:38; PAGE 7 I 1l1025-3 Me~I'lIrCI11Cllt ;U1d Payll1ent I in place and not. dist.urbed. All material collected fi'olll internal root cleaning ot pipelines' will removed from tll(; site. No downed material will be remuved hy dragging or pushing. At the conclusion OfWOTk activities all ground 0urfaces will be restored to pee-existing contours. Measurement and payment will be in accordance to the Pay hem Schedule i.U1d based on the actual quantities completed, meli::iured in the field, and approved to th<.; satisfaction of the Ow:'ffiR. I I hem 1- Mobili:.tation: Mobilization shall consist oLdl the CONTR..,\CTOR';, preparatory administrative operations Including aJl Iahor, materials, equipmenL maintenance and other incidental costs which lire necessary to execute the work lell' each task order. Mnhilization will not be measured, but will be paid on a lump sum basis in two (2) i.nstallments. .Fifty Percent (50%) oflhc lump SLllll price will be llladl; un lhe first monthly estimate after initial mobilization and heginning or work. The second amI/lllal payment will be made on the next monthly estimate aller completion of all mohilization. The costs for demobilization, and re-mohilizatiOI1S due shut downs Or suspensions of the work caused by the CONTRACTOR shall not be compensated. I I I I I I Items 3 - Manhole Ins})el'.tions: Manhole Inspections shall he perrormed at locations designalt::d by the OWNER to lieJd locate and ~l<;sess the condition of each 1ll;lltho1c for suosl.:qUCflL inspl;cliou of SCWl;r IUles. In addilioll, a physical inspedio!1 of I he l11(lllhole structure shall be performed to locate possihle sources oCinflow and infiltr;]tion. Data collec:tion and reporting, as well as rec.onunendations li)r manhole rehabilitation or replacement. shall bc itl accordancc Lo the Contract DOCUl11ClllS. The unit price in the Pay Item Schedule for this work shall include all la.bor, materials. equipment. maintenance and other inciuental costs which are nece::;::;ary to complete the requirements or this pay item. Measurement and paymenl will be in accordance to the Pay [tem Schedule and based On {he actual quantities eomplc(ccL measured in (he field. and approved to the satisfaction ofihe OWNER. I I I ItCUIS 5 thru 7- Clcanill~ .sewers: Cleaning in sewer lines shall he performed to alln'vv completion of inspections, and improve the functiol1(ll perCormance or the sewer lines, Cleaning shall indudc the removal and proper dispos81 of nil soil, silt. ror.ks nn.ct other granular matcrial and as wcll as oUlcr lorcif,'l1 debris from the pipelines inc.ludillg all connecting manholes to the sewers heing cleaned__ All cleaning work shall be perfnfmcc[ in accordance to the Contract Documents. The unit price in the Pay ftem Schedule shall includc all labor, materials, equipment, mainlenance ami other incidcntal COStS whidl arc necessary to complete the requirements of this pay item. Measurement alld pnymcnt will be in acCordWl{;e to thE; Pay Item Schedule and based On the quantitie:'i Cl)lllplc:t(;d as measured in the lield horizontally Ii'om the center uf manhules On ~ach pipe segment as approveu Lo the satisfaction of tIlt: OWNER. Mtit.':iU(CIIICllb rnr paYlllt:llt ::;k1l1 IlUl {;xc\;cd lhe actual length of pipe rncasuwd between manholes. Payments will not be made unti I verification of contract conformance by in:'ipcctions and approved to the satisl~lcli()ll of the OWNi-':R.. I I I I I S"....c::r Sy~.cm Inspection and evuluation City <.\I"AlIgll,(a I (I.'ll .i/(Jj IIENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:39; PAGE 8 I I I I I I 01025--4 - . IYk;l""""n1\;J1t and l'aYlIlenl Items 8 thru 10 - Root Removal: Root r~ll1oval ancVor joint dCi.lning ill se\.ver lincs shall be perf0n11ed to improve the fU1l.ctional pcrfom1ance of the sewer lines and/or to remove obstlUcti.ons and protmsion..<; in the pipeline. LocatiOl}s shall he approvnl b:r the OWNER priur to initiating any work. All root removal work shall be performed i.ll accordance to the Contact Documents. The unit price in the Pay Item Schedule for this work shall include all labor) materials, equipment, maintenance and other incidental costs wbich arc necessary to complete the requiremcnts of this pay item. Measurement ~Illd payment wi II be ill accordance to the Pay Hcm Schedule and based on the totnllcngth nl' pipe Illeasured between manholes and approved to the satisfaction ofthc OWNFR. Measurements for payment shall not exceed the actuallcngth of pipe measured between nlauholes. I I I I Items II thru 1.3- Temporary Bypass Pumping: Temporary pumping shall be provirlerl (lS ncccssnfY to provide wastewater flow control at locations ns <'pproved by the OWNER. The unit price in the Pay hem Schedule for this work shall lm:ludc all labor, materials, equipment. maintenance and other incidental costs which are necessary to cOl11plete the requirements of tl1is pay item. Measurement and payment wi II be in accl)l:"dancc to the Pay .ltern Schedule '-me.! ba~ed on the actual qllil.tltitics l:umpktcd, measured in the field. and approved to the sMisfi.H;tion oJ'the OWNr:R. I I I I I I I I Hems HA, 12A .lnd 13A- Tempontl"Y Bypass Pumping and l.eakage Measurement: Temporary pumping shafl be provided as fleCCSSi:lry tu provide \.vasLewalcr now control and Leakage Me<ls\.U'ement (in accordance with Speeitications Section 0'2752, Part 3.01) at lOCAtions ns approved by the OWNER. The unit priec in the Pay Item Schedule for this work shull includc ulllubof, matcri(lb, elJuipment, mainlenance and othEr incident,).1 costs which are necessary to complete the rcquirClllent~ of this ray item. Measurement and payment will be in accordance ltJ the Pay Item Schedule and. Ix.L')ed on the dctual quantities completed, measured in thc field, and approved to the smisbction ur lhe OWNER. Hems 14 thru 16 - Jnternal Sewer .I.nspedions; Internal sewcr inspcc.tion~ shall be pertormed to determine the internal structural condition of scwcr pipes and perfOll11ed to locate possible sources of i nt1 ow and infiltration. rn~pe(;tions. Datil collection iUId reporting, as weLl as recommendations lur sewer pipe rehabilitation or replacement s11al I be in accordance to the Contract DocuIl1ents. The unit pIict in the Pay Item Schedule for this work sllall include aU labor, materials. cqltiprncnL maintenance anJ. other inciu.ental costs which are necessary to complete the re4uin::nu::nts of lhi~ pay iLem. Measurement and payment will be io accordance to the Pay [tem Schedule and bus\;<.! on the quantities completed as meilsured in the field tram the center of manholes on each ripe segment w; approved to the satisfaction of the OWNER, Measurements for payment shallllot exceed the actual length of pipe measured between nwruLOlcs, Payment.::; will nul be made until vt:riLicatiun of l:onlmct l:ollfol1mli:.ce by approval of i nspectiolls and del j \'\::1 abks 10 the satisfaction of the OWNeR. SeW\;f SyS{cm Inspediollllnd ".vllluill.illn . City llf !\ugu:;ta f IJ/03i03 IjENT BY: CH2M HILL; 706 303 2429; DEC-22-03 10:39; PAGE 9/17 I I I I I I f110Z5-5 .. MCi.l"tJfl:lIl,,"1 nntl l'aym~lIl Item 17 - fleverse Setups for Sewer IllslH~ctions: Reverse setLlps shall bt.:: performed lis necessary when obstructions inside the pipe prevent completion of thc sewer inspection in a single direction. The unit price in the Pay Item Schedule tor this work ~hQl1 include aU labor.. materials, equipment, maintenance (llld other .illeidcntal costs which <Ire necessary to reset the inspection equipment to compldc the inspection fi'om tile opposite manhole. Measurement ami payment will be i.n accordance to the Pay Item :-:;cheduk and based on the actual. quantities completed, mca~ured in theneld, and approved t() the satisfaction of the OWNER. I I I Item. .18- Smoke TC.'ltine of Sewers: Smoke testing oj' sewers ~hLlJI be pcrrort1led <.L'i directed by the OWNER. The unit priee in the Pay Item Schedule for this work ::;hall include all labor. materials, equipment, maintenance and other incidental costs which arc necessary to mobilize at a site designated by the O\VNER, distribute public notifications (provided by the OWNER), and complete a blo\.vcr assisted smoke lest o!';, m;mhole rn malthole segment. of sewer up to 600 lim;allCcl in Length. Mcasurcment and paymeo.t will be in accordance to the Pay Item Schedule and b~lscd On the actual qU;]l)tities completed, measured in the field, and approved to the satis faction () f' the 0 WNEK. I Items 19 thru 24 Point Repairs": Point repairs shall be pert(){lned to repairs sewer lines with internal defects that prohibit the completion of sewer inspections as approved by the OWNER. All work shall be performed in accordance to the Contract Documents_ The unit price in thc Pay llem Sclll.:duk (()r lhis work shall indudc all lahoL rnmerials, equipment, maintenance and other incidental costs \vhicb are necessary to complere the requirements ofthis pay item. Measurement and payment will be ill accordance to the Pay Item. Schedule and ba..<;ed on the actual. qlJilotities completed. measured in tile tJeld, ilnd approved to the satisfaction of the OWNER. I I I I I I I I Item 25 - Adder to nrovidc rO;Hhvay restonltion to POild rCf):lll,1<: Additiunal work tu provide roadway restoratiOI). shall be provided as necessary at locatiorts as approved by the OWNER The unit price in the Pay Hem Schedule for this work shall include all labor. materials, equipment] maintenance and other incidental costs which are nece~~sary to complete the re4uirement::; orthis pay item, including removaL and disposal oL'..:xisling roadway uwterials, curb and gutter removal ami replacemenr, Or any other items associated with the roadway_ Me,L<;uremellt and paymenl will be in accordance to the Pay Item Schedule and based on the achlal quantities completed. measured in the tidd. and approved to the satisractlnn of the 0 WNF:r,_ Item 26- Allowance for Dcwatcrine: Temporary pumping shall be provided a:;; necessary to provide de-watering excavations at IOC8tiolls as approved by the OWNER. lllis alluwance will be used under the ::;ole direcrion oftl1c OWNIiR. J\ll)' LLllused allowan.ce will revert back to the OWNER. Compensation fCH- this work shall include all labor, materials: e4uipmenl, maintenance and other incidental COSlS which are necessary to complete the requirements ol'this pay ilem. Measurement and payment will he either On a lump sum or time and rri~lte[ii.ll basis as approved by the OWNER. S"II'::r ::lystcll1 lnsp.,ction and r,'.'i1i1Hllillll City or All~~ll~I;1 I ()!().lIOJ I;CNI I:IY: CH2M HILL; 106 303 2429; DEC-22-03 10:39; PAGI:: 10/1/ I I I I I I I I I U 1 025-6 M":ISII"""1t'.1Il "'1(1 Pa)'TT1cnr Hem 27 - Al1oW~lflCC f(IJ-j<:mer;;:enc\' Repairs Or \Vol'k not Covered bv Pay item.s: Emergency repair:,; or work not covcrcd by pay items shall not he performed \.vithout prior approval by the OWNER, This allowance will be llsed under the ::;ole direction ofthc OWNER. Any 1.111Used allowance will revert back to the OVINER. CompeH::;alion for thi::; work shall incl.udc all labor, materials, equipment, mainteo;),Oc(: [lilt! othet' lllcidcnlaf costs which are necess<llY to complete the requirements onhis pay item. Measurement and payment will be either on a lump sum or time and material basis as approved hy the OWNER. Hem 21i - Traffic Control Plans; TraHie control plans shall be provided as necessary for preparing and securing permits at the work sile where directed hy the O\V:-fER and as staled in the Supplementary Ciellerat Conditions. The unit price ill the PllY Ilem Schedule for ihis work shaH include all1abor, materials and other incidental costs which are necessary to obtain a traffic control perm.it for one project work si le. jV'feasurc!llc:nt <md payment will be in accordance to the Pay Item S<.;heduk and based 011 th.e ,lclual quantities compJ.eled and approved to the satisfaction or the OWNER. I I I I I I I I I Item 29 - Traffic Control Plan .hnplem.entatiun: Traffi<.; control plim irnpkrnClllation shall he provided as necessary tor providing site trartlc control and maintnilling trarTlc at the work site where directed by the OWNER. The unil price in the PrlY Item Schedule lilT this work shall include all labor. materials, equipment. maintenance and othcr inciJenlal wsts which are necessary to complete the requirements or this pay item. Thl~ cost ror traffic control greater than this unit price shall he im~luJed in the unit price ofrhc individual pay helns. .Measurement ~lDd payment will be in accordance to ilK: Pay Item Schedule and based on the actual quantities completed. measured in til(; Geld. llnu approved to the satisfaction ofthc OWNER. Item 30 -- Pruject Mlllln~emcnt Allowance: The project managcmelllllllc)wancc shall be provided as necessary to support full Lime Oll-s.i.te project 1lJ.<lllagement. CONTRACTOR ':-; field office, project meetings and other a~~ociated incidental costs for the duration or [he contract. 111C cost for pr~iect management greater than this allowance shn.11 be included in the unit price or lhe inuividual pay itl;l1lS. The project 11l(lnagement allowilnce rrovitled in the Pay Item Schedule shall be measured 011 a weekly basis, and paid WiLh each monthly pay estimate after initiation of the 'work as approved by the O\VNP.R. Item 31 - AiJownnce for Yehicubr Acccs~ Improvcmcnts';': Vehicular :lCCeSS improvements to manholes and Sewer lines shall be provided where directed by the OWNER to facilitate execution of the work. CONTRACTOR shall be resp(Jllsibk f()[' detennining the improvements required for their eyuipmenL This allowance will be llsed under the sole direction of the OWNER. Any unused allowance "",ill revert b:lck to t.he O\VNER. 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W N - -0 lU '<' ~ 3 (0 (J ::r m P- c 0)' ;u 9' ~ V' "-1 2- -J -' ,', d t..) ,~) Cl c.,) v> -^R llTI-1 VIJ?I-1:1 R?'v?' r.nr. !=lnJ -??-:1=Jn r.o V:O l =l!'W rl lIJ J I I I I I I I I I I I I I I I I I I I Bid ForDl To: Augusta, Georgia From: 70 + 0.. ( ;V{ (L '{ If' 1/7 (J Y1 C f' ::JJ/,-<. I- t"OI(j 5 Submitted: I () - d. i ' 2003. SEWER SYSTEM INSPECTION AND EV ALVA TION The undersigned, as Bidder, hereby declares that the only person or persons in this Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done;. that he has examined the Contract Documents for the work furnished prior to the opening of bids; and that he has satisfied himself relative to the work to be performed. The bidder proposes and agrees, if this Bid is accepted, to contract with the County, in the form of contract specified, to furnish all necessary materials, equipment, means of transportation and labor necessary, and to complete this project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the County, and with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" from the County and to fully complete the project within the time limits identified in the Augusta - Contractor Agreement. Bidder further agrees to pay liquidated damages, in accordance with the provisions of the General Conditions of the Contract Documents for each consecutive calendar day thereafter. The undersigned acknowledges receipt of addenda numbered: .1.2 3 , , I I In accordance with the above understanding, the undersigned proposes to do all of the work, furnish all of the materials, and complete the work in accordance with the Contract Documents at the prices listed in the Pay Item Schedule. Spirit Creek Sanitary Sewer Rehabilitation City of Augusta 03/03/03 I I I I I I I I I I I I. I I \ I I I I I Exhibit A - 2 Bid Form The undersigned declares that he understands that the quantities shown are approximate only and are subject to either increase or decrease and that should the quantities of any of the items of work be increased, the undersigned agrees to do the additional work at the unit prices set forth herein, and should the quantities be decreased, he also understands that payment will be made on the actual quantities installed at the unit bid plice, and the undersigned will make no claims for anticipated profits for any decrease in the quantities. Actual quantities will be detennined upon completion of the job. Amounts shall be shown in both words and figures, where indicated. In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply and the totals shall be corrected to agree with the unit prices. In case of discrepancies between written amounts and figures, written amounts shall take precedence over figures. The bid prices shall include all costs of completion of the work except as otherwise specified in the Contract Documents. The names and residence addresses of all persons and parties interested in the foregoing bid as principals are as follows: (Give first and last names in full. In the case of a corporation, give name of president, treasurer, and manager, and in the case of a partnership, give names and addresses of members.) The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work. Notice of acceptance should be mailed, telegraphed, or delivered to the undersigned bidder at the following address: (Business Address) 22-6 C-h4yJ; Sire e f (City and State) e /11J;e ,: Ge 0 r;; /a~ 3070S (felephone Number) 700 - S q d - 9 s- L/ L/ (Fax Number) 70 to - 09 d- - q S-L( cj Sewer System [nsDCction and Evaluation 03/03/03 City of Augusta . , a I , I . I - I , I . I I . " I .. I I . I t I I I t I I 01 CJ1 .j::>. W z-; P Ul en p ~ 01 ~ ~ ~ W -" om ~ ' s - - - - - - - - - cnr I I r r ms ms rs rs s ct> -. CD CD to to :J tlJ :J tlJ CD n> CD n> 0 < :Ecg. n> OJ q-::J q- :J < ::J < :J (j) ::J"' ::r 0" en "U CD rO- < < r0- M- '<:::r'<:::r ~:::r ~::r -. '< '< - C r!l Z .., (") (") (") - 0 - 0 -0 -0 Ul ~ a (J) (") (") :J :J - :J - :J - N - - - CD CD CD en CD n> : '-t co CD - - CD CD en en en r+ ru CD CD ru ru u-u-u--o- =: 3 .. :J. n> n> :J ::J CD ::J CD :J CD :J CD :J 0 to [l) . :J :J -. o (J) .0 (J) 0 en 0 en :J ;r :J c.. :J -. :J ::l r+u _u r+u r+u u ..3 ~ (j) to ::J :J to to -. 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W C). 0 0 0 ()l 6 co IV .j::. co CD 0 0 0 ()l 0 0 ()l 0 ()l I I I I I I I I I I I I I I I I I I I Table of Contents SEWER SYSTEM INSPECTION AND EVALUATION AUGUSTA UTILITIES DEPARTMENT Bond Item No. 60140 Title Invitation To Bid Instruction To Bidders Bid Form Agreement General Conditions Supplementary General Conditions Notice of A ward Performance Bond Payment Bond Notice to Proceed Application for Payment Change Order Certificate of Substantial Completion Section Title Pa2e 01010 01025 01040 01200 01340 015320 02511 02750 02752 02757 Summary of Work Measurement and Payment Project Coordination Project Meetings Shop Drawings, Product Data, and Samples Manhole Inspections Cleaning of Sewers Wastewater Flow Control Internal Sewer Inspections Sanitary Sewer Point Repair 01010-1 o L025-1 o 1040-1 01200-1 01340-1 015320-1 02511-1 02750-1 02752-1 02757-1 I I I I I I I I I INVITATION TO BID }'OR SEWER SYSTEM INSPECTION AND EV ALUA TION AUGUSTA-RICHMOND COUNTY COMMISSION, GEORGIA AUGUSTA UTILITIES DEPARTMENT SCOPE OF SERVICES I The Augusta-Riclunond County Commission ("Owner") acting through the Augusta Utilities Department, hereby requests proposals for Sewer System Inspection and Evaluation. The Owner seeks to enter into a contract with a Firm to provide the requested services outlined herein. The work consists of furnishing all labor, materials, equipment, other incidental items, and technical competency necessary for performing all operations required to professionally execute the contract. The work may include, but is not limited to, performing internal sewer pipeline inspections, manhole inspections, sewer line cleaning, bypass pumping and point repairs as necessary to allow access for inspections to be made and report on the results of the work. The Owner's personnel will provide project oversight and inspect the quality and progress of the work. All work is estimated to be completed within six months. This contract will consist of individual task orders issued by the Owner to the successful Firm. Quantities listed in the Unit Pay Hem Schedule are estimates. These quantities may be exceeded or may not be used; the use of these Pay Items shall be approved by the Owner. The range of funding available to support this project is $400,000 to $600,000. Interested Firms shall submit sealed proposals to the City of Augusta Purchasing Department by the close of business , 2003 at the following location: Geri A. Sams The City of Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, GA 30911 I I I I I At that time, the sealed proposals will be publicly opened and proposing Firm's names will be read aloud. Proposals received after this date will be returned unopened. A mandatory pre-proposal conference and site visit will be held at 10:00 AM in the Purchasing Department's conference room ,2003. Copies maybe obtained upon payment of $25.00 per set (non refundable). I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT I It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in its contracted work. In an effort to support this intention, this project is offered to all qualified Firms. The proposals will be evaluated based on qualifications, unit prices and other items as noted in the Basis of Contract A ward. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged Firm or a Finn that has included such Firms as subcontractors on this project. The proposals shall include a statement of qualification for themsel ves and/or any quali fied subcontractors explaining why they should be considered a minority or economically disadvant:1ged Firm. If the Firm does not fall into this category, no information is necessary. I I I ADDENDA AND INERPRETA TlONS I No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any Firm orally. Every request for such interpretation should be given in writing addressed to the City of Augusta Purchasing Department, and to be given consideration must be received at least ten days prior to the date fixed for the submittal of proposals. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with retum receipt requested to all prospective Finns (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the submittal of proposals. Failure of any Firm to receive any such addendum or interpretation shall not relieve such Firm from any obligation under proposal as submitted. All addenda so issued shall become part of the Contract Documents. I I I PROPOSAL SUBMISSION REQUIREM-ENTS I Ten (10) copies of the proposal shall be submitted. All proposals and supporting materials as well as correspondence relating to this RFP become the property of the Owner when received. Any proprietary information contained in the proposal should also be indicated. However, a general indication that the entire contents, or a major portion of the proposal is proprietary will not be honored. Proposal packages should be limited to twenty-five (25) pages, excluding completed Bid Form, bonds, copies of licenses and/or addenda, and shall include the following information: 1. A description of the Firm's personnel and their qualifications that will be assigned to the contract. A proposed contract organization chart shall be submitted that identifies all key personnel and their respective roles. The proposal shall designate a project manager who will be assigned to the contract for its duration. A resume for the project manager shall be included. 2. The Firm shall submit descriptions and references for at least five (5) projects of a similar type and scope completed within the past five (5) years; one of these projects must be underway or completed in the past year. Each reference shall include the project name, project description, owner's name and location, date of completion, cost, the Finn's role, and owner's project manager name and current phone number. 3. A listing of all proposed sub-consultants and subcontractors, a description of the work they will perfoml, and their qualifications to perform this work. Project descriptions and references shall be provided for each subcontractor or at least five (5) similar projects for the type work to be performed. Each reference shall include the project name, project description, owner's name and location, date of completion, cost, the subcontractor's role, and owner's project manager name and current phone number. 4. A list and license number of all contractors possessing Georgia Utility Contractors License Numbers. I I I I I I I I I I 5. The Owner is willing'to consider other innovative/alternative technologies, the Firm is encouraged to submit experience history and references in a similar format described above for further consideration by the Owner. Descriptions of any alternatives, unit prices and unit price descriptions that would be added to the Pay Item Schedule should also be included in the proposal. Acceptance of any Firm proposing innovative/alternative technologies does not imply any guarantee of their use on this project and all items on the Pay Item Schedule must be completed for any proposal to be considered complete. 6. A completed Pay Item Schedule with proposed unit prices for each pay item listed. Failure to quote on all pay items may disqualify the proposal. 7. Acknowledgement of receipt of all Addenda. 8. Proposals by wholly owned proprietorships or partnerships will be signed by all owners. Proposals of corporations will be signed by an officer of the Firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. I I I I I BASIS OF CONTRACT A WARD The proposal will reviewed and evaluated based in part on the following criteria and scoring criteria noted below. I Item Criteria Points 1 Qualifications, experience, and location of the Fiml and the designated 25 project manager on projects of similar type and magnitude. 2 Qualifications, experience, and location of proposed subcontractors and sub- 15 consul tants. 3 Response of references provided in the proposal. 20 4 Unit prices provided in the Pay Item Schedule. 25 5 Innovative/Alternative technologies 15 6 Total Possible Poinl" 100 I I I I The contract will be awarded to the responsible firm whose proposal is deemed to be in the Owner's best interest. I I The Owner reserves the right to reject any proposal if the review and investigations of the proposal fail to satisfy the Owner that the Firnl is properly qualified to carry out the obligations of the contract and to complete the contemplated work therein. I I I I I I I SECTION IB INSTRUCTION TO BIDDERS I I I I I I I IB-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner, The proposal must be filed with the Owner on or before the time stated in the Invitation to Bid. 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 Firm, but no proposal may be wi thdrawn for a period of sixty (60) days after proposals have been opened, pending the execution of contract with the successful Firm, IB-02 EXAMINATION OF WORK I Each Firm shall, by careful examination, satisfy itself 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. I I I IB-03 ADDENDA ~m INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any Firm orally. I I Every request for such interpretation should be in writing addressed to the OWNER, and to be given consideration must be received at least five days prior to the date fixed for the opening of proposals, Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective Firms (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of proposals. Failure of any Firm to receive any such addendum or interpretation shall not relieve such Firm from any obligation in the proposal as submitted, All addenda so issued shall become part of the Contract Documents. I I I IB-l I I I I IB-04 PREPARATION OF PROPOSALS Proposals shall be submitted on the forms provided and must be signed by the Firm or authorized representative, Any corrections to entries made on bid forms should be initialed by the person signing the bid. I I I I Firms must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial proposals. Failure to quote on all items may disqualify the bid. Alternative proposals will not be considered unless specifically called for. I I Telegraphic proposals will not be considered, Modifications to proposals 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 proposals. Proposals by wholly owned proprietorships or partnerships will be signed by all owners, Proposals of corporations will be signed by an officer of the firm with a signature attested by the secretary thereof who will affix the corporate seal to the proposal. I I I I IB-06 FIRM'S QUALIFICATIONS I , I No proposal will be received from any Firm unless it can present satisfactory evidence of skilled work of a similar nature to that covered by the contract and that it has sufficient assets to meet all obligations to be incurred in carrying out the work, A FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT shall be submitted with the proposal, sealed in a separate envelope, giving reliable information as to working capital available, plant equipment, experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the Firm to perform the work and the Firm shall furnish 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 Firm or investigation that fails to satisfy the Owner that such Firm is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. I I I IB-2 I I I I I 1B-07 PERFORMANCE BOND I I I I I I I I I I I At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the total amount of funding available for the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney, IB-08 REJECTION OF PROPOSALS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory proposals are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner, I I I 1B-3 I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT I 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. I I In an effort to support this intention, this project is offered to all qualified firms. The proposals will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. I I I I I I I I I I I I I I The Firms shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. IB-4 I I I I I I I I I I I I I I I I I I I Bid Form To: Augusta, Georgia From: Submitted: ,2003. SEWER SYSTEM INSPECTION AND EVALUATION The undersigned, as Bidder, hereby declares that the only person or persons in this Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Contract Documents for the work furnished prior to the opening of bids; and that he has satisfied himself relative to the work to be performed. The bidder proposes and agrees, if this Bid is accepted, to contract with the County, in the form of contract specified, to furnish all necessary materials, equipment, means of transportation and labor necessary, and to complete this project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the County, and with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" from the County and to fully complete the project within the time limits identified in the Augusta - Contractor Agreement. Bidder further agrees to pay liquidated damages, in accordance with the provisions of the General Conditions of the Contract Documents for each consecuti ve calendar day thereafter. The undersigned acknowledges receipt of addenda numbered: In accordance with the above understanding, the undersigned proposes to do all of the work, furnish all of the materials, and complete the work in accordance with the Contract Documents at the prices , listed in the Pay Item Schedule. Spirit Creek Sanitary Sewer Rehabilitation City of Augusta 03/03103 I I I I I I I I I I I I I I I I I I I Exhibit A - 2 Bid Fonn The undersigned declares that he understands that the quantities shown are approximate only and are subject to either increase or decrease and that should the quantities of any of the items of work be increased, the undersigned agrees to do the additional work at the unit prices set forth herein, and should the quantities be decreased, he also understands that payment will be made on the actual quantities installed at the unit bid price, and the undersigned will make no claims for anticipated profits for any decrease in the quantities. Actual quantities will be determined upon completion of the job. Amounts shall be shown in both words and figures, where indicated. In case of discrepancies between the figures shown in the unit prices and the totals, the unit plices shall apply and the totals shall be corrected to agree with the unit prices. In case of discrepancies between wlitten amounts and figures, written amounts shall take precedence over figures. The bid prices shall include all costs of completion of the work except as otherwise specified in the Contract Documents. The names and residence addresses of all persons and parties interested in the foregoing bid as principals are as follows: (Give first and last names in full. In the case of a corporation, give name of president, treasurer, and manager, and in the case of a partnership, give names and addresses of members.) 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(J) Do) (l) ;;r CD ::r "U ';;;1" "U ';;;1" CD ~ "tJ ';;;1" (l) ::r < ~ x. 0 - "tJ -- "U -- - -- - -- "U -- - -- -0 -- (l)-- (l) " 0 - II.) - I\) ::r II.) ::r II.) - ... ::r..... - co ~ co C. ::J ~.z::,. ~ +:- +:- +:-;;r CJ1 CJ1:T I , I I I I I I mm ~enmmmmmmmmmm )> )> < < )> )> )> ::t> )> )> ::t> )> )> )> ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ..... C-:) ~ '-, r ~ ~ t (I) ~ o o o o -0 0> '< CD 3 (f) o ::r C1> D- c <D JJ w X (j) ~ ~ I\) I\) i\) o o w W I\J 0 <D "U -i " ..., 0 Q) "-. :::: Cl) 0 0 - s () 0 Q) :J ::J - Q) ..., to 0 CD '"0 3 (I) Q) :J :J r+ 3 -0 m 3 Cl) :J r+ Q) - 0 :J ~ 0 l> ^ -< ..... ..... -0 OJ '< CD :3 (j) o ::r <D 0- ~ <D :n (..) x (jj ~ f\) ~ f\) o o w 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. I 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 additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. I I ARTICLE III - PAYMENT I (A) The Contract Sum I The Owner shall pay to the contractor for the performance of the Contract an as stated in the Bid Form. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Proqress Payment I On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the total amount of the Work which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Form. I I Following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place, The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT I I (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Owner shall within 10 days make such inspection, and when the work is found to be acceptable under the Contract and the Contract has been fully performed, will promptly issue a final certificate stating that the work required by this Contract has been completed and is accepted under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. I I (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 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 I I I I I 1- I I I I I I I I I, I I I I I final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (0) If after the work has been substantially completed, full thereof is materially delayed through no fault of the the Owner shall without terminating the Contract, make balance due for that portion of the work fully completed completion Contractor, payment of the and accepted. Each payment shall be made under the terms and condi tions governing final payment, except that it shall not constitute a waiver of claims, IN WITNESS ~II[HEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an ori~inal, . ,~~ '_\~~,h, e year and day first mention~bove. , ' .,' '''... A G G , :,/ _"'_'~~'):"~ U U R / '. .;}.. .....1. . ':'(J t~, .,~ ~..-t$E.AL) : . .~, o~"~,'~" ~& 1t By: f'5 or ,~>: '. "f"':,"\ -'j. ~ As its Mayor t" 1fTi' ST<::. "<', ::.~-'{ 3... 19. ~ v.. ... () . ;'. _" . '. ,& -...J ~ ~,i ~ ( 'CJ ~ 1; \'~ ~:::<~ . ~::r .'.",-: (SEAL) ATTEST: Address: 228" (llvre/'<5/: /3/YlAe. G/I. 3CJros"- { I Sccrct.:J.ry ~Q~t-<- 1 ' Witnes . I II d- ly-j I"" ",,", :.:. :.... ~..MA'R~[) i ~ 2 [) 04" MON' " 'i'o": 3'7 " "{lM.... wE's'TERN" suk'Efy...'. ,', ....................................................'.......................................................'.......................... ."...................,....... ~ FAX NO, 6053350357 P. 02, I I I ~~ Western Surety Company PERFORMANCE BOND Bond Nuw)er: 69669509 KNOW ALL PERSONS BY THESE PRESENTS, That we ~~pow~Jl dba 'l'ot<11 t<l,;)intena~.:-J~___._ 1 I ._ _of Solucion.s 228 Church St., Blyth", G.r.. 30805 We~~~rn Surety Company , hereinafter referred to as the Principal, and ~,_. as Surety, are held and firmly bound unto ci tv of ,l\llGI),,'t'.ll of _.__..m. 530 (~rccnc, ~1..CJ Rm, 605, Al.Iqus_~a.,...J~~_ 30911 , hOrGinafter 1 referred to as the Obligee, in the sum of One Hund rc~L!h9~Eand and 00/100 ._._" "_""'_'" _.._,_ Dollars ($ lOOLQ.QO,._O.9_)1 for Ule payment of which we !)ind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents, I WHEREAS, Principal lias entered into a contract with Obligee, dated the __.,.._day of 1 __, ror....;;F\j."'.l:_,'i~qr.('~m-I.rl.,g)p.<;:tLnn " F,vFJ1IJ,1UOn FQr,l\l.lg\l,,:!t.A Uti litics 1 "lOW, THEREFORE, if the Principal shall faiU'lfully perform suoh contract or shall indemnify and save harmless tile Obligee from all cost nnd dama~le by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and eff0ct. I ANY PROCEEDING, legal or equitable, under this Sond may be instituted in any court of oompetent 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 Paragrilph are void or prorlibited by law, the minimum periOd of limitation available to sureties as a defense in the JUrisdiction of trle suit srlaJl be applicable, I I NO RIGHT Or- ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, execulors, administrators or successors of the Obligee, I 1 SIGNE 01 SEAL ED AND DATED this _J,;1j:_~ dOlY of Harch ---~........ ...--1 2004 I 1 ,_ ,. (Seal) J:J:~.~.t.g,LJ.l._~\.lk~ t ~ comp.'! nv "~I 8~~_~ I Form F 4597 I 1 HI;~" ,,, :"MAR~oi'~2004" MON" 'i 0 :'3'7' 'AM" wE~iTERN' 'SURE'T'y"""""""""'''''' 'FAx" NO:" 605'3'3503'57"""" I ,p, 03 I ~WI Western Surety Company I PAYMENT BOND Bond ~.:-~mber: 69669509 KNOW ALL PERSONS BY THESE PRESENTS, That we J, B, ,Eo.!'1.J' 11 db~ Tota 1 Ha i n t eM n G.~ _.,.._,_ I _ .??LChl)):'ch St., Blyl.;he, Gl\ 30805 ,_., ,'u.. of , hereinafter .s.. Q..l! l.L..1.QJl;L- _ _ ,. _, " I referred to as thl:; Principal, and ._. ~~?t c:.r n Su rQty Comp~'y' _,..._,._ as Surely, are held and firmly bound unto ____.._~ Ci tv elf 7\\lqu::.ta of ._., ._5)0 Gr.C!cne St., &1,1"._ 605, AlIqustti, G,ll. 3.0,';;_11 , hereinafter 1 referred to as the Obligee, in the sum of J~n.;::o Ilundrc-d ThQ1.l-S.:thd ..fl..\\<::l. 00/100 1 Dollars ($ 100,000.. o~.. _,.___), for the payment of which we bind ourselves, our legal representatives, successors and assigns, join~ly ;;md severally, firmly by these presents. WH~REASJ Principal has entered into a contract with Obligee, dated _._ (Jay of 1 _.._.___, for SI2,wc:r sY:~~~:!l)_:r;.f!.specti,on &. F,VilluatJ.9Il_{'.or A\Jqll~c.@ Utili_~~~_-L...___.."._ copy ofwhdl contraot is by referoncD made a part hereof. I NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplyinO labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surely being waived, then this obligation to be void; otherwise to remain in full force and effect. I I I 1 I No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on whictl Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to tho minimum perio(.i of limitation pC!rmitted by such law, (b) Other than in a state court of competent jurisdiction in and for ttle county or other political subdivision of the state in which the project, or any part thereOf, is situated, or in the United States District Court for the district in which trle project, or any part thereof, is situated, and not elsewhere. ThG amount of this t10nd sh"lll be reduced by and to the extent of any payment or payments made in good faith hereunder, SIGNED, SEALED AND DATED this lRt day of Maroh 2004 1 --~_.__.~...' I 1 By ____ (Se21l) I - Miil-'t-t;;;",."".,........".,.",.,..""..".."..","""""""""""""""""""""""""""'..'..,.."..,....",'.,.'.,.""..'..,... 1 MAR-Ol-2004 MON 10:38 AM WESTERN SURETY FAX NO, 6053350357 p, 04. 1 1 Western Surety Company I POWER OF A'1'TORN1W - CBRTIFIED COPY Bond No. 6966~~Q2..._,_ 1 F:nnw All M~n ny Thcso Prc,L'nL,. lh~lt WESTKI1N $U~'rY COMFANY, a corporation duly oJ'!:,,1ni7.p.rllUld exi.Lin~ under lhe 1::"'.11 (If the Sl:ltt or ::It>\llh Dill,ot.'\, lInel havin~ its principal officc in Sioux Fall~, South Dakota (the "COInp.uV"), does by the~~ pr~~ents make, COl13titllte and appoint _".~ __. _ D.J.lL'::.n~'L-J3LJ.u-n r ...__.___ _._ ___, ,_ '__ ,__ ,.._ I its truc :lUd lawful ~,llorlll'y(s).ill,f~~t, with 1\11) powe1' :md .3\lthol'ity hcreby conferreu. Lo t'xeCl1tc, :lcknowlctl.e WIt! t!eliver fur tmd on it. L.,h:I!r'l:/ SurelY, bond. for: Principal: J. J). pm'lOll dba Total Maintenahce solutions I Obligee': Ci ty of F.ugusta Amounc: ;-,500,000.00 I 11,,11 to hind to" Comp,1ny thrL'eby i1S fully aIld to tbc same c'xt~nt as if such bonns WN'I) siene.i by t.he S"nior Vice Presiop.nt" ~r~J,.J \vilb lhu clIl'):>cr:J.tu !.C<.l! or the Comp:lIlY ,~nd d'uly attested b~' it:; S~crd:.u-y, hereby rillifyill~ iI.nd O(.ll(irllIill;; aU th~l~ the s(ud (\L~orllL:y(u).in.r:1Ct may do wiLmn th~ above sLaLetllimit;lllous, S~irl (Ippoinbnent is made ulldcr and by :.uLhority of the following bylaw ofWcsLern SUl'~ty CO\Yll'any which ro)!);>;'" in full fOl'ce :Jnd cITed, I "Section 7. .111 bouds, poliuk.:, nl\llet't~ltinlrl, Powm", of A.Ltomey or othar oblig:ltions of the corpol'aLion shall be exc>cuted in the eorpor.:tto n:unu of tho Company l.o,Y tIll: l'rc~idr:nt, SecL'et:u'y, any Assist:mt Secretary, Tre:\SUl:er, or =u1J' Vieo President or by such odlcr olUcer:; 11'; tit" Bo(,rd ofDirt'elore IWIY ,~)lthori"c, The Pre.ident, nn:/ Vice President, SetTet...'U')', any A$"i,;t(Ult SccrN;\rY, or lhOTr~:LSurcl' n1:1Y Q,ppoint At.LornI.'Y~ in P;'<'t 01' ;I:;onL. who shall b.:1ve uuthority to is.uc bond3, polincs, or \lnd{-rl:lkin~9 in the n,'mc of Lhe Company. The coq.lor:J.tc, !;Coll ig !lot tllCCeSSill'Y fiJI' Lhe validity of uny bon,ls, [,olicies, wldertulcillll's, Power!; of Attorllcy or othcr ot>lj~"Ljons of Lhe ,'.:rpflr<1l,iol), 'l'lJ~ ~;if:il.l1.IJre (,( ,1ny $lIch officer nnd th~ eorpor:.tle se:Jl may be printeu by facsil11.ilt'," I All authority herd]~' eonfeITL'u sll;,]l expire ,~nli tf11\"ilutp., withollt notice, unless u~cd before m.idni~hl of __.S-"~iPt~L.~...s~, ?OO~ , but until nlcll tim~ sh:,([ bo irrevocable and in full force nnd effect. 1 fn Wil;ncs. Wh.:>rcof, \Ye~tcrn Surely Cornp.xtl.S h".~ (',nlnecl th~~c pre""nts to be siE:n~d I;y its Senior Vice President, P:ml 'f, Ih'\lfl:lt, :lml its CO(Jl~~1MJ/'I to b~ ;,fJj:v(\ thi~ ~L- d:.l)' of !<larch .., 2004 . ,~\t' 'E ~ 'Ir, ,,\"'\~~R i l" ~-:r" 1."\.i ~ ..~..""'l.., (' f~ ~t~.~i. 1."-' l~.,.. 0 ~j'. ~- <}' .,' ~ 0 M '., rl ':. .:: ~,[..i"o if~... i"'rJ~ ~ " :r::..~~ 3~i 0"" 1., ~.""D..':~ ~:..::~~ ...-r.~~~ :; ~ : : A. ~ B.""\:~'" ~ 04 :' ~.~ -<:?" ...,. ......It' F'" \''''/:.!-'' ,;:0' S'L'~Jiocs.QJ.fJ:I.I~~'A I. COT;Nh'1\Ij{~AA~UA J" On thi~ 1 !; t. d3yof _ __ljoJ.X..f.-,h ,in the yeal' 2004 ,beforu tnL', t\ Il<1Lill'J! l'libli<':, Pt'l'"(lllally appeareJ P",,! '1'. Rrniht, who hrine to me duly . worn, tlclUlowlcd((ed Lhat he si~l1Lod the above Power of Attorney llS Lbo al'ores:;lid officcr of WESTERN SURP.'rY COM1'ANY ;01\\1 ndmowledged said iru:t.rumcnt to bL' tho \'olunlary act ~O\u Il~<<d of ~alrl corpol'ation. +............l.w~~~'-....'\,.....~..."1 ! D.KRELL : I~NOTARY I'\JDLIC~: I l SOllTl'! [)A)(OTA~~ +~~~~~~~~~~~"""~~~~~~~~~+ My Commission Expires November 30,2006 1 the unrkr!,ji:ll{.J officer ofWr~tern Sl1rC?ty CompMl,y, a otock cOl'j.lor:Jtion of the StaLe of South D,I\c01.(\, do hrreby certify that the ,')t.t.1r-nc;1 POll'l:r of Att0l11CY i. in full rot.cc and tITt:Ct tlnd in jl'r~Yoc.lhle, ;lnd f<ll'th<,nt\oI'c, th<.\t Section 7 of the bJ'bw-e of the CornpNlY U3 .L'l fLlnh in the Power of AHorne:y is now in force. ~:.~7RE :paul T, Drufla 1 I I I I I In tr.slimony wr,('r"o(, r have han'l\l1&O seL my Imnd <\lId .7cnl o(WrC,tl)t\l Sure!.y Gomp,lny lld~ M.;>~.!;.h, ..~".," ..-2~. },": t ,__. ____ da)' of 1 FOlln FS30t>-<'~2002 1111111111..,.,.".,..."",."",.",..,."."",...,,.".."".",.,..",..,.,."."""""""."""",""""""""""""""""""""" I I 1 I I I I I I I 1 I I I I I I . - MAR-01-2004 MON 10:38 AM WESTERN SURETY FAX NO, 6053350357 p, ()5, ACKNOWLEDGMEKT OF SURETY ST..WE OF Georgia } (Attorn(\y-jn-l";lc~) COUNTY 01" R i&I.1Ir'c0Jl..rL_ 55 On lhis ~ . _._.l.~.L__-_ day of March 2004 , before me, a nolary public in iln,1forS,litiCounty,pcrsonnI1Yi:lPPci:l!'cd IJ;'1Vonl'nl't 1', Rrllk.=>r _____.._ 1.0 me person;:\l!y knowlI /In<l being by ll\~ rl\lly ~worn, din !!lilY, thl1~ no i:.; the AttDl'ncy,jn.Fact of WESTERN SUW';TY COMPANY, n ('orpol'~l~iQn of Sioux 1"aIL;, &'tJt.h D,)lw~n, crentcd, orgnni7,tO rmd cxistin[j under and by virtue of the laws of the Stilec of S0ut.h D~kor41, thilt thl) !Jilirl instrument was e;<ccuted on beholf of the said corporatioll by aut,hority of i~~ DO:.ln[ of Directors and tone the Dilid D::Lw\l)nOY't. S. R rtl kp.l' ~cknow[edgM eaicl illst.nunenc to b~ t.J'11! frea act and dccd of ,:;nid, corporation .!Ind thOlt he hOlS nuthority t.o sign s~id il\3Lrlllnent wi l.hOl)L n I'i'i xi DB' t,hc COI'pONltC $cill of s;lirl corporfltion. IN WITNESS \VtffiREOF, I h"ve hereunto subscribed my name and affixed my official seal at My ,ommj"ion ""i", ^";;5 ;~';:dy:t .b", mitt'n. Not:U'y PubU";; Form 1 06+2000 I I 5ept~r: 19. 2000 I I I GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I I I Addenda-Any changes, revisions of clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents, I Bid- The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed, Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents, I Change Order--A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. I Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract. together with all amendments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 or after the Effective Date of the Agreement. I I I I Contract Price- The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11,9,1 in the case of Unit Price Work). Contract Time- The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work, CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. I I COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees, Day-Either a working day or calendar day as specified in the bid documents, If a calendar day shall fall on a legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. I I I I I S'Jptt'mDo:U" 19. 2000 I I Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14,8 or 14,10), Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents, I' Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia, I Field Order-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, I General Requirements-Sections of Division I of the Specifications, Laws and Regulations: Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders, I I 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, ,I OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission, I I I Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. Professional or Engineer-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work, Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. I Project Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. I' I Resident Project Representative- The authorized representative of PROFESSIONAL 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, performance charts, instructions, diagrams and other information prepared by a Supplier and I 2 I I I I Sept.cmbor 19, 2'JOO submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work, I I Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site, I Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13, The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof, I I Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. I ,I I Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work-Work to be paid for on the basis of unit prices, I I Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents, Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents, I Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4,2 or 4,3 or to emergencies under paragraph 6,22, A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be 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, I I I Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents, I 3 I' I I Sept. ember 19, 2.000 I ARTICLE 2-PRELlMINARY MATTERS I I I Delivery of Bonds: 2,1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: I I I I I 2,2, After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work, Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction, Commencement of Contract Time, Notice to Proceed: 2.3, The Contract Time shall commence as established in the Notice to Proceed, A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2,4, CONTRACTOR shall begin the Work on the date the Contract Time commences, No Work shall be done prior to the date on which the Contract Time commences, Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR, Before Starting Construction: I I I I I I 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, effort, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2,6, Within ten days after the Effective Date of the Agreement unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT MANAGER for review: 2.6,1, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2,6,2. a preliminary schedule of Shop Drawing and Sample submissions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission, I 4 I I I I I I I s....pt~mb..Jr 19. 2000 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2,8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project Manager, Professional and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2,6, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records, I I Finalizing Schedules: I 2,9, At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2,6, CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules, No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor, 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, I I CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work, Schedule updates shall accompany each pay request. I I I I I I I I 5 I I September 19. 2000 I I ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: I I I I 3,1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia, 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, I 3,3, Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3,6 or 3,7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents)and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation), Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9,4, I I I I I I I I I I 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifiGally stated in the Contract Documents, 3,5, If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6,7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3,6, The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3,6,1. a formal Written Amendment, 6 I 'I I I I I I Sept.embor 19. 1000 3,6,2, a Change Order (pursuant to paragraph 10,3), or 3,6.3, a Work Directive Change (pursuant to paragraph 10.4), As indicated in paragraphs 11,2 and 12,1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3,7,1, a Field Order (pursuant to paragraph 9,5), 3,7,2, PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6,26), or 3.7,3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4), I Reuse of documents: I 3,8, Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL I I I I I I I I I I 7 I I I I I Sept.ernhur 19. 2000 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability of Lands: I I I I 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR, Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. I I I I I I I I 4,2,2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, Such "technical data" is identified in the Supplementary Conditions, Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4,2,2,1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4,2.2,2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4,2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information, 4,2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions, 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both, If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in I I 8 I I I I I Sftptc:rnber 19, 2000 the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing, The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: I I I I 4,3,1, Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others, Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1, OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4,3,1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNERs of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price, I I 4,3,2, Not Shown or Indicated, If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6,22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine he extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary, During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6,20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. I I I I I I 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 layi.Q.g out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: I I 9 I I I I I $eptl:'ll\bQ[" 19. 2000 4,5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site, COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible, I I I 4,6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing), OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any, CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition ar)d any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. I I I I I 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work, If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12, COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. 4,7,1 The provisions of 4,2 and 4,3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site, I I I I I I 10 I I I September 19. 2000 ARTICLE 5-BONDS AND INSURANCE I I Performance and Other Bonds: I I 5,1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents, These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents, CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U,S, Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. I I I Licensed Sureties and Insurers; Certificates of Insurance 5,2,1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required, All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions, I 5.2,2, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5,3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3, I I 5,2,3, If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER, I CONTRACTOR's Liability Insurance: I I I 5,3, CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5,3,2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; I I 11 I I Scptcrab",r 19. 2000 I 5,3,3, Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; I I I I I I 5.3.4, Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5,3,5, Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5,3,6, Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5,3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle, I The insurance required by this paragraph 5,3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance, All of the policies of insurance so required to be purchased and maintained lot the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13,12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one veal thereafter. I I I I I I I Contractual Liability Insurance: 5,4, The comprehensive general liability insurance required by paragraph 5,3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6,32 and 6.33, Owner's Liability Insurance: 5,5, OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5,6, Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary I I 12 I I I September 19. 2000 I I Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). 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. I I I I I I I I I I 5,7, OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties, 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 purchasers own expense, 5,10, If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER, Waiver of Rights: I I 5.11.1, OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5,6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused, As required by paragraph 6,11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds, None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of' insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5,11,2, OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5,7 shall protect all of the parties insured and provide primary coverage for all/osses and damages caused by the perils covered thereby, Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same, I 13 I I I I I I I Septembor 19. 2000 Receipt and Application of Proceeds: 5,12, Any insured loss under the policies of insurance required by paragraphs 5,6 and 5,7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5,13, OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach, If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds I I I I 5,13, OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties, Acceptance of Insurance: I I I I I I I I 5.14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5,3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2,7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5,6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15, If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby, The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy, Indemnification 5,16,1, CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER,and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that 14 I I I I I I I I I I SGpttmlber 19. 2000 any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may 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 COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type.Df 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 COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I I I I I I 15 I I I I I I I I I I I I I I S't:pt~mh~r- 19. 2000 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1, CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6,2, CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR, All communications to the superintendent shall be as binding as if given to CONTRACTOR, Labor. Materials and Equipment: 6,3, CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents, CONTRACTOR shall at all times maintain good discipline and order at the site, Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6,4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery" tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents, I I I I I 6,5, All materials and equipment shall be of good,quality and new, except as otherwise provided m the Contract Documents, If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9,15. Adjusting Progress Schedule: 6,6, CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2,9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto, Substitutes or "Or-Equal" Items: 16 I I I I I Sept.emhor 19. 2000 I 6,7,1, Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required, Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named, The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests 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 of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated, The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to fumish at CONTRACTOR's expense additional data about the proposed substitute, I I I I I I I I I I I I I 6.7.2, If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6,7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6,7,3, PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute, PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby, Whether or not PROFESSIONAL accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute, Concerning Subcontractors. Suppliers and Others: 6,8,1, CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6,8,2), whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection, CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 17 I I I I I I I I I I I I I I I I I I I Sopt~r 19. 2000 6.8,2, If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment} to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objec- tion In the bidding documents or the Contract Documents} of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due Investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference ,n the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work, 6,9, CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions, Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6,10, The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6,11, All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5,11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5,6 and 5.7, Patent Fees and Royalties: 6,12, CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or copyrights incident to the use in the performance or the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. 18 I I I I I I I I I I I I I I I I I I I SC'pteMcl" 19, 2000 Laws and Regulations: 6.14.1. CONTRACfOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACfOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACfOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACfOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACfOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACfOR 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. CONTRACfOR 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. CONTRACfOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACfOR's or any Subcontractor's equipment is solely at the risk of CONTRACfOR. CONTRACfOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work, Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of the Work, CONTRACfOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACfOR shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONAls, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the ext~nt based on a claim arising out of CONTRACfOR's performance of the Work. 6.17, During the progress of the Work, CONTRACfOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work, At the completion of the Work CONTRACfOR 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/eave the site clean and ready for occupancy by OWNER. CONTRACfOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACfOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACfOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 19 I I I I I I I I I I I I I I I I I I I ~optcmbef" 19, 2000 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20, CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONlRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACfOR has transferred the title of the stored equipment or materials to OWNER. CONlRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or joss 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, CONTRACfOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property, All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6,20.3 caused, directly or indirectly, in whole or in part, by CONTRACfOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACfOR (except damage or Joss 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 CONlRACTOR's superintendent unless otherwise designated in writing by CONTRACfOR to the Project Manager. 20 I I I I I I I I 5eptember 19. 2000 Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change In the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence, 6,22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action, I I I Shop Drawings and Samples: I I I 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require, The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the Submittal or sample may have from the requirements of the Contract Documents. I I I 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents, The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff, Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed, I I 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or 21 I I I I I I I I I I I I I I I I I o o Septctabce 19, 2000 sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Managery staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6,29. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in wilting. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required, At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR, CONTRACTOR will restore 22 I I I I I I I I I I I I I I I I I I I Septornbor 19. 2000 to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. 23 I I I I I I I 5ep::~r 1';1, 2000 ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. I 7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees)proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work, CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected, The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. I I I 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work, I I I I I 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. I I I 24 I I I I I I I I I I I I I I I I' I I I September 19. 2000 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint- ment 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 COf'ITRACTOR 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 responsibilily in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 25 I I I I I I I I I Septcmhcr 19. 2000 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owners Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9,2, PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. I I Project Representation: I I I I I 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4, PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: I 9.5, PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may I I 26 I I I I I I I I I I I I I I I I I I I Sept:(':fftbor 19. 2000 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 Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a whiten decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision, Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time, Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto[ and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim, 9,12, When functioning as interpreter and judge under paragraphs 9: 10 and 9,11, PROFESSIONAL will not show partiality to OWNER or CO~CTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a 27 I I I I I I I I I I I 1 I I 1 1 I I 1 SoptC!mbor 19, 2000 condition precedent to any exercise by OWNER or CONTRACfOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 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 CONTRACfOR, 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 CONTRACfOR's failure to perform the Work in accordance with the Contract Documents. 9,15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACfOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work, 28 I I I I I I I I I I I I I I I I I I I Saptel1lbar 19. 2000 ARTICLE lO--CHANGES IN THE WORK 10,1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization 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 7. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any 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 11.1.3, OWNER may, at its sole discretion issue a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 12.1.3. The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by OWNER, If CONTRACTOR fails to sign such \'York Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directive, 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly, 29 I I I 5cptr.mbur 19. 2000 I I ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRAcrOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRAcrOR shall be at CONTRAcrOR's expense without change in the Contract Price. I, I 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim, Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor- dance with paragraph 9.11 if OWNER and CONTRAcrOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. I I I 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: I I I 11.3.1. Designated Unit Price (Field Measure) CONTRAcrOR 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 CONTRAcrOR 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. I I 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRAcrOR and OWNER agree that the compensation payable to CONTRAcrOR 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 CONTRAcrOR may establish unit prices as agreed on by Change Order. I I 11.3.4, Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties, 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree I 30 I I I I September 19. :.!OOO I I I I on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER, Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions, Cost of the Work: I I :1 I I I I I 11.4, The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRAcrOR unless OWNER deposits funds with CONTRAcrOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACfOR shall make provisions so that they may be obtained, I I 11.4.3, Payments made by CONTRAcrOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRAcrOR and shall deliver such bids to OWNER who then determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable, 11.4.4, Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work, I I 31 I I I I I, I I September t9, 2000 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2, Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3, Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof---all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I I I I I I I I 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6). provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACfOR is placed in charge thereof, CONTRACfOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8, Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection the Work. 11.4.5,9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6, I 11.5, The term Cost of the Work shall not include any of the following: I 11.5,1. Payroll costs and other compensation of CONTRACfOR's officers, executives, principals (of partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other I I 32 I I I I I I I I I I, I I I I I I I I I September 19. 2000 personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph l1.4.4--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. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not speCifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2. a fee based on the following percentages of the various portions or' the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4,1 and 11.4,2, CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 33 I I I I I September 19. '2000 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. I I I I I I 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and fonn as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the next change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. 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 I I I 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: I I I 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, the Contract Plice will be deemed to include for all Unit Plice Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the quantity of each item as measured complete in the field, Determinations of the actual quantities and classifications of Unit Price Work perfonnecl by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10, I I 34 I I I I I I I I I I I I I I I I I I I September- 19, 2000 11.9,2, Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead, profit and all associated costs for the satisfactory completion of each separately identified item. 35 I --- I I I I I I Septero.ber 19. 2000 ARTICLE 12--CHANGE OF CONTRACT TIME 12,1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACfOR 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 CONTRACfOR's control or fault. I I 12.2. If CONTRACfOR 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 CONTRACfOR 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 CONTRACfOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACfOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, ineffjdency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. I I I I I I I I I I 36 I I I I I I I I I I I I I I I I I I I Supt.uiliu 19. 2000 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article, Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others, Tests and Inspections: 13,3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACfOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACfOR 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 Docum~n~. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6, If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation, Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has 37 I I I I I I I I I I I I I I I I I I I September 19. 2000 given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7, Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or equipment, or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non defective Work, If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, all as specified in a written notice from PROFESSrONAL, 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 38 I I I I I I I I I I I I I I I I I I I Septernb.r 19. 2.000 or damaged by the correction, removal, or replacement of the defective Work. 39 I I I I I I I I I S"pt.embor 19. 2000 One Year Correction Period: 13,12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non- defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONAls) will be paid by CONTRACTOR, Acceptance of Defective Work: I I I I I I I I I I 13,13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so, CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's recommendation of 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 panics are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER, OWNER May Correct Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON- TRACTOR'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 con- sequential 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 v-Jill 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 40 I I I I I I I I I I I I I I I I I I I S.:rpte.mbor 19. 2000 amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of PROFESSIONAls, architects, attomeys and other PROFESSIONAls, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACfOR's defective Work. CONTRACfOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACfOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACfOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen, and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACfOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACfOR'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 CONTRACfOR, 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 CONTRACfOR are not sufficient to cover such amount, CONTRACfOR shall pay the difference to OWNER, 13,16. Should CONTRACfOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident PROFESSIONALs shall be identified to CONTRACfOR and the Contract Price reduced by a like amount via Change Order. 41 I I I I I I I I I I I I I I I I I I I sepl:~r 19, 2000 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2,9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTORs Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment ane! the accompanying data ane! schee!ules that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information ane! belief, the quality' of the Work is in accordance with the Contract Documents subject to an evaluation of the 42 I I I I I I I I I I I I I I I I I I I 5cpt~r 19, 2000 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 recommended. However, by recommending any such payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make sllch representations to OWNER, PROFESSIONAL may also refuse to recommend any sllch payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2, the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13,14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion, If PROFESSIm~AL does not con- sider 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 43 I I I I I I I I I I I I I I I I I I I Scpl:emhur 19. 2000 deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections. PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACfOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACfOR 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 CONTRACfOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACfOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACfOR agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore- said 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 OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following. 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACfOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACfOR 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 inspec- tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify, OWNER and CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers that part o(the Work to be substantially complete, the provisions of paragraphs 14,8 and 14,9 will apply with respect to certification of Substantial Completion of that part of the Work ai~j the division of responsibility in respect thereof and access thereto, 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over 44 I I I I I I I I I I I I I I I I I I I Septcrulxtr 19. 2000 operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and within a reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before 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 with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work, 14,10,3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5,15 in respect of property insurance, 14,10.4, OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14,11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies, Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied, If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTR.ACTOR rnay Furnish a bond or other cc;lateral s.JtisfllctOiY to OV'JNER to j:l(JC;ilf~;:/ O'.VNER against any lien, 45 I I I I I I I I I I I I I I I I I I I Sept.embor 19. 2000 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 of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14,13, If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection, and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14,6, Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application, After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14, If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims, CONTRACTORs Continuing Obligation: 14,15, CONTRAcrOR's obligation to perform and complete the Work in accordance \Vith the COfit~uct Documents shall be absolute, Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRAcrOR 46 I I I I I I I I I I I I I I I I I I I September 19. 2000 under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). 47 I I I I I I I I I I I September 1'J. 2000 Waiver of Claims: 14.16, The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACfOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACfOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACfOR against OWNER other than those previously made in writing and still unsettled. I I I I I I I 48 I I I I I I I I I I I I I I I I I I I I Septcmh.r 19, 2000 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in wilting to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4, if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRAcrOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2,9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15,2,9, jf CONTRACTOR otherwise violates in any substantial \Vay any provisions of the Contract Documents, 49 I I I September 19, 2000 I I I I OWNER may, after giving CONTRAcrOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CO NTRAcrOR, 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 CONTRAcrOR (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 CONTRAcrOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations, Termination for Convenience I 15.4, Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRAcrOR shall be paid (without duplication of any items): I 15.4,1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; I I I I 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRAcrOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination, I I 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRAcrOR then existing or which may thereafter accrue, Any retention or payment of mo;-:cys d~:2 CO~!~F:.;crOR by OV:~:ER. v,'j:: i~'): ,C:2252 CJ:'JiR,;crOR from liability. I I 50 I I I I I I I I I I I I I I I I I I I September 19. 2000 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 determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph, The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER, 51 I I I I I I I I I I I I I I I I I I I september 19. 2000 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, CONTRACfOR 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 mailr return receipt requested, directed to his last known address, 16,2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACfOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same, 52 I I I I I I I September 19, 2000 ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the First and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. I I 17,2,2, A calendar day of twenly-four hours measured from midnight to the next midnight shall constitute a day. General: I I I I I I I I 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage, The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose, 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13,1, 13.12, 13,14, 14,3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. O\^H,JER, during this period of ti:l12, s::2!1 J!so he'/e the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. I I 53 I I I I I September 19. 2000 17.6, The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O,C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. I I I I I I 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9, Procedures to Prevent Overflows During Sanitary Sewer Construction 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite, Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. I I I 1 I I 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance, if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9,5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater, 2. Immediately notify the Utilities Department dispatcher (706,796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3, f\:cintaiil a ch~oIljcle of releveant infoi'm.Jt;,),j r2;2rcj~J the i;lci;:!ent incl~lding speciFic actions taken by the CONTRACTOR and estimates of the discharge volume. I I 54 I I I I I I I I I I I S8ptcmbor 19, 2000 17.9.6 The RESIDENT PROJEIT 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 of the RESIDENT PROJEIT REPRESENTATIVE and the Superintendent of Construction and Maintenance, the CONTRAITOR 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 CONTRAITOR. 17.9,8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRAITOR. PROGRAM MANAGER: 17,10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, 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 CONTRAITOR or other entities, and do not relieve the CONTRAITOR 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, I I I 1 I I I I 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 CONTRAITOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents, For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work 55 I I I I I I I I I SUPPLEMENTARY GENERAL CONDITIONS SC-I. These supplementary conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC-2, The terms used in the supplementary condition which are defined in the Standard General Conditions to the Construction Contract have the meanings assigned to them in the General Conditions. SC-3, Revise paragraph 2.7 in its entirety and insert the following. Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. SC-4. Amend paragraph 4,2.1 Add: Soil boring report is not available, I SC-5, The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: I I I I I I a. PoLicies, Certificates, Limits and Disposition of Documents, - The Contractor shall obtain at his expense insurance with limits as shown hereinbelow unless the Contractor desires to broaden the limits and obtain more protection, I [I] OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name of the owner as insured, (See Invitation to Bid for exact legal name of owner.) BodiLy injury. including death -limits of $1,000,000,00 for each person and $2,000,000.00 for each accident. Property damage - limits of $500,000,00 for each accident and $1,000,000.00 for the aggregate of operations, DISPOSITION: Original policy must be deposited with owner prior to commencement of work, [2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in the name of the Contractor. BodiLy injury. including death -limits of $1,000,000,00 for each person and $2,000,000.00 for each accident. Property damage - limits of $500,000.00 for each accident and $1,OOQ,OOQ,()() for the aggregate of operations, DISPOSITION: Certificate of insurance must be sent to owner prior to commencement of work. [3] CONTRACTOR'S PUBLIC LIABILITY LNSURANCE - Taken out in the name of the Contractor. Bodily injury. including death -limits of $1,000,000.00 for each person and I I -1- I I I [4] $2,000,000.00 for each accident. Property damage - limits of $500,000,00 for each accident and $1,000,000,00 for the aggregate of operations. DISPOSITION: Certificate of insurance must be sent to Owner prior to commencement of work. BUfLDER'S RISK INSURANCE - Payable to the Contractor and Owner, as their interests may appear, upon the entire structure and upon all materials in or adjacent thereto which are to be made a part of the insured structure to 100% of the insurable value thereof covering fire, extended coverage, vandalism and malicious mischief. DiSPOSITION: Original policy must be deposited with Owner prior to commencement of work, I 1 I b, Acceptability of Insurers to Owner. - No insurance will be acceptable unless wrillen by a company licensed by the State Insurance Commissioner to do business in Georgia at the time the policy is issued, and the company must in addition be acceptable to the Owner. To avoid inconvenience, any general contractor or subcontractor must get in touch with the Owner to determine whether the insurance company or companies he expects to use is or are acceptable to the Owner. All policies and certificates must be signed or countersigned, as the case may be, by resident Georgia agents, I I I c, Tennination of Obligation to Insure, - Unless otherwise expressly provided to the contrary, the obligation to insure as prescribed herein shall not terminate until the Engineer shall have executed the final certificate. I d, Contractor shall purchase and maintain during the full course of construction "All Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and Engineer as co- insured. 1 e, The Contractor will turn over areas completed for construction plior to substantial completion, Contractor shall maintain insurance on work he performs within "battery limits". I SC-6. Add to paragraph 6.8,2, I The CONTRACTOR shall identify any SUBCONTRACTOR performing more than 20% of the overall project costs, within two (2) days of being notified that the CONTRACTOR is the apparent low bidder. I SC-7, Add paragraph 7,5 I 7.5, Should CONTRACTOR cause damage to the work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR's performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, the Construction Coordinator or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and the Construction Coordinator harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, 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 separate contractor I. 1 I I -2- P'\lh11l47\lfltN7 Alln?ri\n PutC:PIr:llT rQ~~J( W4c:.~ATl:::O\('''~nlCV^''V'C''VV\<1IUC'ncl'''~U\C'' InrV"r'lun rv"V' I I I against OWNER, ENGINEER, or the Construction Coordinator to the extent based on a claim arising out of CONTRACTOR's performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or the Construction Coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENG[NEER or the Construction Coordinator on account of any such damage or claim, If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to t he extent of any adjustment in Contract Time attributable thereto, CONTRACfOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER or Construction Coordinator for activities that are their respective responsibilities, I I I I I SC-8 Right of Way and Construction Access I Existing Sewer easements and public right-of-way areas are designated as the Contractor's Work Area. The Contractor will be responsible for observing the limits of the right-of way and shall prohibit any work being done on or any damage to property outside the bounds of the right-of-way, Additional work areas, access points and storage space, if required, shall be obtained by the Contractor at no additional cost. I I SC-9 Disposal of Waste Material I The disposal of all excavated material or spoil not required for use in the pernlanent work shall be the responsibility of the Contractor. He shall remove all excess excavated material or spoil from the site of the Work and dispose of the same in a legal manner at no additional cost. Burning of debris on site will not be allowed, I I SC-lO Environmental Protection I Contractor shall conduct his operation in a manner to prevent pollution of the environment surrounding the area of work by every means possible and shall be responsible for furnishing all necessary items for fulfilling the work described herein, I A, No waste or erosion materials shall be allowed to enter natural or manmade water or sewage removal systems. Erosion materials from excavations, borrow areas, or stockpiled fill shall be contained within the work area, Contractor shall develop methods for control of waste and erosion, which shall include such means as filtration, settlement, and manual removal to satisfy the above requirements. B. No burning of waste shall be allowed, C. The contractor shall at all time control the generation of dust by his operations. Control of dust shall be accomplished by water sprinkling or other approved I I I -3- I I I means. D, All chemicals used during construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or other classification, must show approval of either EPA or FDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. E. In the event that the Contractor causes or has a spill or accidental discharge for which the Owner is fined by the State of Georgia EPD, the Contractor agrees to remediate the spill or discharge immediately in accordance with current EPD regulations and to pay any fines assessed against the City and/or Contractor. I I I I I I I I I I I I I I I I -4- I I I I NOTICE OF A WARD Dated [Certified Mail -- Return Receipt Requested] TO: (BIDDER) I ADDRESS: I I Contract: (Insert name of Contract as it appears in the Bidding Documents) Project: I OWNER's Contract No. I I I You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for _ (Indicate total Work, alternates or sections or Work awarded) I _ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. _ sets of the Drawings will be delivered separately or otherwise made available to you immediately, I You must comply with the following conditions precedent within 15 days of the date you receive this Notice of A ward, I 1. Deliver to the OWNER _ fully executed counterparts of the Contract Documents. [Each of the Contract Documents must bear your signature on ( )], I 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20), [and] General Conditions (paragraph 5,01) [and Supplementary Conditions (paragraph SC-5.01),] I EJCDC No, 1910-22 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute, I I I I I I I I I I I I I I I: I I I I I I I 3, (List other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with the above conditions, OWNER will return to you one fully executed counterpart of the Contract Documents. (OWNER) By: (AUTHORIZEO SIGNATURE) (TITLE) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) I I Performance Bond I Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. I I I CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): I I CONTRACT Date: Amount: Description (Name and Location): I BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: I I I Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: (Corp, Seal) SURETY Company: (Corp, Seal) I Signature: Name and Title: Signature: Name and Tille: (Allach Power of Attorney) I (Space is provided below for signatures of additional parties, if required,) I CONTRACTOR AS PRINCIPAL Company: (Corp, Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: I I EJCDC No, 191O-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America. Engineers Joint Contract Documents Committcc. the Associated General Contractors of America. and the American lnstitute of Architects. I I 00610-1 I I I, TIle CONTRAcrOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. I 2. If the CONTRAcrOR perfonns the Contract, the Surely and the CONTRAcrOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3,1. 3, If there is no OWNER Default. the Surety's obligation under this Bond shall arise after: I 3,1. The OWNER has notified the CONTRAcrOR and the Surely at the addresses described in paragraph to below, that the OWNER is considering declaring a CONTRAcrOR Default and has requested and auempled to arrange a conference with the CONTRACfOR and the Surety to be held not laler than fifteen days after receipl of such notice to discuss methods of performing lhe Conlract. If the OWNER, Ihe CONTRAcrOR and the Surety agree, lhe CONTRAcrOR shall be allowed a reasonable time to perfonn the Contracl, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRAcrOR Default; and I I 3.2, The OWNER has declared a CONTRAcrOR Default and fonnally terminated the CONTRAcrOR's righl to complete the ContmcL Such CONTRAcrOR Default shall not be declared earlier than twenty days after the CONTRAcrOR and the Surety have received notice as provided in paragraph 3.1; and I 3,3, The OWNER has agreed to pay the Balance of the Contract Price to: I 3,3.1. The Surety in accordance with the tenns of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. I 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: I 4,1. Arrange for the CONTRACrOR, with consenl of the OWNER, to perfonn and complete the Contracl; or 4.2. Undenake to perform and complete the Conlract itself, through its agents or through independent contractors; or I 4,3, Oblain bids or negotiated proposals from qualified contmctors acceptable 10 the OWNER for a contract for perfonnance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selecled with lhe OWNER's concurrence, to be secured wilh perfonnance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the 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 CONTRAcrOR Default; or 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; I 4.4.\ After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable afeer the amount is detemlined, tender payment therefor to the OWNER; or I 4.4,2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. I 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default On this Bond fifteen days afeer receipt of an additional wriuen notice from the OWNER to lhe Surety demanding that the Surety perfonn its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If tile Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the paymenl tendered or the Surety has denied I I I pliability, in whole or in pan, without funher notice the OWNER shall be enlitled to enforce any remedy available to the OWNER. 6, After the OWNER has tenllinatcd the CONTRAcrOR's righl to complete the Contract. and if the Surety elects to act under paragraph 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 Contracl, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of lhis Bond, but subject to conunitment by the OWNER of the Balance of lhe Contract Price to mitigation of costs and damages On the Conlract, lhe Surely is obligated without duplication for: 6.1. The responsibilities of the CONTRAcrOR for correction of defective Work and complelion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from lhe CONTRAcrOR'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 COnlmct, aClllal damages caused by delayed perfomlance or non,perfonnance of the CONTRAcrOR, 7, The Surety shall not be liable to the OWNER or others for obligations of the CONTRAcrOR that are unrelated to the Contract, and the Balance of the Contmct 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 lhan the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subeontmcts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituled in any coun of competenl jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACfOR Default or within two years after the CONTRAcrOR ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs firs!. 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. NOlice to the Surely, the OWNER or the CONTRAcrOR shall be mailed or delivered to the address shown on the signature page, II. When this Bond has been furnished to comply with a stalutory or other legal requirement in the location where the Contract was be perfonned, any provision in this Bond connicting with said statutory or legal requirement shall be deemed deleted here from and provisions confonning 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 llle Contract Price: The 10lal Bmount payable by the OWNER to the CONTRAcrOR under the Contract after all proper adjustments have been made, including allowance to the CONTRAC!'OR of any amounts received or to be received by tllC OWNER in seltlemcnt of insurance or other Claims for damages to which the CONTRAcrOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRAcrOR under the Contmct. 12.2. COnlmct: TIle agreement belween the OWNER and the CONTRAcrOR identified on the signature page, including all Contract Documents and, changes thereto, 12.3. CONTRACTOR Default: Failure of the CONTRAcrOR, which has neither been remedied nor waived, 10 perfonn or otherwise to comply willI the tenns of the Contract. 12.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRAcrOR as required by the Contract or to perfonn and complete or comply with Ihe other tenns thereof. 00610-2 I I Payment Bond I Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, I CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): I OWNER (Name and Address): I CONTRACT Date: Amount: Description (Name and Location): I I BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: I I I Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. I CONTRACTOR AS PRfNCIP AL Company: (Corp. Seal) SURETY Company: (Corp, Seal) I Signature: Name and Title: Signature: Name and Title: (Attach Power of Attorney) I (Space is provided below for signatures of additional parties, if required,) I CONTRACTOR AS PRfNCIP AL Company: (Corp. Seal) SURETY Company: (Corp. Seal~ I Signature: Name and Title: Signature: Name and Title: I EJCDC No, 191O-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America. the American lnstitute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. I I 00620-1 I I 1. The CONTRAcrOR 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 furnished for use in the perfornmnce of the Contract. which is incorpomted herein by reference. I 2. With respect to the OWNER, this obligation shall be null and void if the CONTRAcrOR: I 2,/, Promptly makes paymen!, directly or indirectly, for all sums due Claimants, and I 2.2, Defends, indemnifies and holds hannless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contmet, provided the OWNER has promptly notified the CONTRAcrOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRAcrOR and the Surety, and provided there is no OWNER DeFaulL I 3. With respect to Claiman!s, this obligation shall be null and void if the CONTRAcrOR promptly makes payment, directly or indirectly, for all sums due. I 4. The Surety shall have no obligation to Claimants under this Bond until: 4,/, Claimants who are employed by or have a direct contmct with the CONTRAcrOR have given notice to the Surety (at the addresses 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 accumcy, tile amount of the claim. I I 4.2. Claimants who do not have a direct contrdct with the CONTRAcrOR: I /. Have Furnished wrillen notice to the CONTRACrOR and sent a copy, or notice thereoF, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial aecumcy, 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 I 2. Have either received a rejection in whole or in part from the CONTRAcroR, or not receivcd witllin 30 days of furnishing the above notice any communication from the CONTRAcrOR by which the CON"ffiAcrOR had indicated the claim will be paid directly or indirectly; and I 3. Not having been paid within the above 30 days, have sent a written notice to the Surety 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 wriuen notice Furnished to the CONTRACroR. I 5, If a notice required by paragmph 4 is given by the OWNER to the CONTRACfOR or to the Surety, that is sufficient compliance. I 6. Whcn the Claimant has satisfied the conditions of paragmph 4, the Surety shall promptly and at the Surety's expense take the following actions: I 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 pa)~nent of any undisputed amounts. I 7, 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 good faith by the Surety, I 8, Amounts owed by the OWNER to the CONTRACfOR under the Contmet shall be used for the perfomlance of the Contmct and to satisFy claims, if any, under any Performance Bond. By tile CON"ffiACfOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRAcrOR in the perfonnance of the Contrdct are dedicated to satisfy obligations of the I I CONTRACfOR and the Surety under tllis Bond, subject to the OWNER's priority to use the funds for the completion of the Work, 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CON"IRAcroR that are unrelated to the ContmcL The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalF of, or otherwise have obligations to Claimants under this Bond, 10. The Surety hereby waives notice of any change, including changes of time, to the Contmct or to related Subcontmcts, purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expirution of one year from the date (I) on which the Claimant gave the notice required by paragraph 4,1 or paragmph 4.2.3, or (2) on which the last labor or service was perfoffiled by anyone or the last materials or equipment were furnished by anyone under the Construction Contmct, whichever of (I) or (2) first occurs. If the provisions of this pardgmph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in tile jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CON"IRACfOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACfOR, however accomplished, shall be sufficient compliance as of the date received at tile 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 Contmct was to be perfornled, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here From and provisions conforming to such statutory or other legal requirement shall be deemed incorpomted herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14, Upon requcst of any person or entity appearing to be a potential bcneficiary of this Bond, the CONTRACfOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFlNIl10NS 15.1. Claimant: An individual or entity having a dircct contract with the CONTRACfOR or with a Subcontmctor of the CONTRACfOR to furnish labor, materials or equipment for use in the performance of the ContmcL TIle intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light. heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectuml and enginccring services required for performance of the Work of the CONTRACfOR and the CONTRACfOR'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. Contmct: The agreement between the OWNER and the CONlRACrOR identified on the signature page, including all Contmct Documents and changes pthereto. 15.3. OWNER Default: Failure of the OWNER. which has neither been rcmedied nor waived, to pay the CONTRACfOR a~ required by the Contrdct or to perfornl and complete or comply with the other temlS tllereof 00620-2 I I I I I APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION I I The sample form of Schedule of Values is intended as a guide only, Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information, It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage, Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. B. COMPLETING THE FORM I I I I The Schedule of Values, submitted and approved as provided in paragraphs 2.05,B.3 and 2,07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form, C. LEGAL REVIEW I I I I All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. I I I I I I I I I I I I I I I I :1 zl fl I I I I ~NNNNNNNNNN~~~~_~____ ~~~~0~~~~;~~~~0~~~~;~~~~0~~~~; l~ ........ 0 o-j ~ tTl ;> 2;:: ~ -EI7 >-OC ~z n........ tTl0--3 f:)tTl cC/) ;po-j Z~ ....,:P ........o-j 0--3tTl >-<0 fA -EI7 oC/) ;p'Tln ~<~ O;ptTl Cl"O ZCC o-jtTll" C/)tTl nf:) Oc:: 2;::;p >-oz l"0--3 ~q tTl>-< 0 fA -EI7 ;p ~ ~ rs 0 (= c:: p: z S o-j , cfl ~ I fA -EI7 C/)2;:: l o-j;P I 00--3 << iCltTl tTl~ O;P l" fA -EI7 ;Pn ZO;p 02;::2;:: C/)"'OO o-jl"C OtTlZ iClo-j0--3 tTltTl 00 z o r; ~ o ~ (/.) (') :r '" 0- C (b o ...,., ~ ll> p- '" '" ;po 3 o r::l ~ '" :r d C p: '" .0 C ~ 5- '" (') c ::! '" ~ () o ~ .., ll> ~ "tl ;:1, (') ~ I CHANGE ORDER I No, I DATE OF ISSUANCE EFFECTIVE DATE I OWNER CONTRACTOR Contract: Project: OWNER's Contract No, ENGINEER I ENGINEER's Contract No, I You are directed to make the following changes in the Contract Documents: Description: I Reason for Change Order: I Attachments: (List documents supporting change) I CHANGE IN FUNDS A V AILABLE: Original Funds Available $ Net Increase (Decrease) from previous Change Orders No, - to - $ Funds Available prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Funds Available with all approved Change Orders: $ I I I I I I I RECOMMENDED: APPROVED: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No, - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) ACCEPTED: I B~ By ENGINEER (Authorized Signature) OWNER (Authorized Signature) Date: Date: I EJCDC 191O-8-B (1996 Edition) Prepared by the Engineers Joint Contrnct Documents Commiuce and endorsed by The Associaled General Contractors or America and the Construction Specificalions Institute. I By: CONTRACTOR(Authorizcd Signature) Date: I I I I I I I I I I I I I I I I I I I CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Funds Available or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times, Changes that affect Funds Available or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply, I I CERTIFICATE OF SUBSTANTIAL COMPLETION I DATE OF ISSUANCE I OWNER CONTRACTOR Contract Project: I OWNER's Contract No, ENGINEER's Project No, I This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: I I I I To OWNER And To CONTRACTOR I I The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on I I DATE OF SUBSTANTIAL COMPLETfON I A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, I I EJCDC No, 191O,8,D (1996 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated Geneml Contrdctors of America and the Construction Specification.' [nstitule. I I I I The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: I OWNER: I CONTRACTOR: I I The following documents are attached to and made a part of this Certificate: I [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents. J I I This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents, I Executed by ENGINEER on Oate I ENGINEER I I By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on Oate I I CONTRACTOR By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on Oate I OWNER I By: (Authorized Signature) I I I I I I I I I I I I I I I I I I I I I SECTION 01010 Summary of Work PART 1- GENERAL 1.01 SCOPE A. The work consists of furnishing all labor, materials, equipment, technical competency and other incidental items necessary for performing all operations required to professionally execute the work. The work may include, but is not limited to, perfonning internal sewer inspections to assess conditions, manhole inspections, sewer line cleaning, bypass pumping and point repairs as necessary to allow access for inspections to be made and prepare a report documenting the results of the work. B. The OWNER's personnel will provide project oversight and inspect the quality and progress of the work, C. This contract will consist of individual task orders issued by the OWNER to the successful Film, Quantities listed in the Unit Pay Item Schedule are estimates. These quantities may be exceeded or may not be used; the use of these Pay Items shall be approved by the OWNER. 1.02 PROJECT LOCATION A. The work locations shall be as specified in the task order(s), 1.03 WORK COVERED BY THE CONTRACT DOCUMENTS A. The work shall be as specified in the Pay Item Schedule and task order. 1.04 SEQUENCE OF WORK A. Listed below is a general description of how the work in this contract will be sequenced. Contractor shall not proceed with any work without plior approval from the OWNER, The OWNER reserves the right to revise this sequence at any time , dllling the contract. L Location of pipeline segments to be included in task order finalized by OWNER, 2. Contractor initiates manhole inspections, Manholes with defects or in need of repairs to complete the manhole inspections shall be reported to the OWNER Sewer System Inspection and Evaluation City of Augusta 03/03/03 I I I I I I I I I I I I I I I I I I I 01010-2 Summary of Work with recommended repairs. Contractor shall obtain approval of manhole improvements from the OWNER, 3. Contractor initiates pipeline inspections, The Contractor shall notify the OWNER where obstructions preventing completion of the inspection are encountered, and upon OWNER direction, shall proceed with a reverse setup to continue work. 4. After completing the inspection, the Contractor shall prepare an inspection report including all inspection forms and data collected. 5. Upon approval of work by OWNER, the Contractor shall complete site restoration and demobilization of labor, excess materials, and equipment. END OF SECTION Sewer System Inspection and Evaluation City of Augusta 03/03/03 I I I I I I I I I I I I I I I I I I I SECTION 01025 Measurement and Payment PART 1- GENERAL 1.01 SCOPE A. This Section describes the methods and procedures that will be used in and for processing Applications for Payment. The provisions will apply to work under all Sections of the Contract Documents unless specific instructions are provided within individual Specification Sections. B. The basis of payment will be the unit prices and/or lump sum amounts included in the Pay Item Schedule, Estimated quantities are provided for guidance only and do not necessarily reflect the total work to be carried out. The OWNER reserves the right to adjust the quantities up or down as necessary and to prioritize the work in any order. Nothing in this Section shall be construed as providing for additional payment beyond the bid items. Plices will include all labor, equipment and materials necessary for a complete installation in accordance with the Contract Documents, All incidental work necessary for a complete and operable project shall be included in the price bid, No payment will be made for partially completed bid items, 1.02 MEASUREMENT A. Units of measure shown on the Bid Form shall be as follows unless specified otherwise. Item Method of Measurement CY Per Cubic Yard-Field Measure by OWNER within the limits specified or shown EA Each-Completed Unit; Approved by OWNER GAL Per Gallon-Field Measure by OWNER DA Y Per Day - Field Count by OWNER JT Per Joint - Field Count by OWNER LB Per Pound(s)-Weight Measure by Scale LF Per Linear Foot-Horizontal Field Measure by OWNER LS Lump Surn-% Complete; Approved by OWNER SF Per Square Foot - Field Measure by OWNER SY Per Square Yard - Horizontal Field Measure by OWNER Sewer System Inspection and Evaluation City of Augusta 07/07/03 I I I I I I I I I I I I I I I I I I I 01025-2 Measurement and Payment Item Method of Measurement VF WK Per Vertical Foot - Vertical Field Measure by OWNER Per Week- Field Measure by OWNER 1.03 APPLICA TION FOR PAYMENT A. Transmittal Summary Form: Attach one Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable, Execute certification by authorized officer of CONTRACTOR. B. Use detailed Application for Payment Form suitable to OWNER. C. Provide separate fonn for each schedule as applicable. Include accepted schedule of values for each schedule or portion of Work, the unit price breakdown for Work to be paid on unit price basis, if applicable, and allowances, as appropriate. D. Applications for payment will be acceptable on a calendar month cycle, or less frequently; and shall be submitted in accordance to the General Conditions PART 2 - PAY ITEMS Group A and B Work Items Group A work items are defined by pipeline activities in locations as designated by the City, Group B work items are defined by pipeline activities that are located on the Spirit Creek Interceptor downstream of Hjghway 56. Excluding Project Management, Group A and B work shall be measured and paid for as separate work items. Items xxW - Work in Wetlands: Work items in the Pay Item Schedule with the subtask designation "W" shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, In areas where wetlands are encountered in Group A or B work, the use of light construction equipment and mats will be used to minimize site impacts, Clearing within the easement shall be limjted to the minimum needs for equipment access, All downed material greater than S-inches in diameter will be removed from the site to prevent obstructions to flow and the creation of blockages, No chipping and spreading will be allowed within wetland boundaries, Stumps and root mats shall be left in place and not disturbed. All material collected from internal root cleaning of pipelines will removed from the site. No downed material will be removed by dragging or pushing, At the conclusion of work activities all ground surfaces will be restored to pre-existing contours. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Sewer System Inspection and Evaluation City of Augusta 07/07/02 I I I I I I I I I I I I I I I I I I I 01025-3 Measurement and Payment Items 1 and 31 - Mobilization: Mobilization shall consist of all the CONTRACTOR's preparatory administrative operations including all labor, materials, equipment, maintenance and other incidental costs which are necessary to execute the work for each task order. Mobilization will not be measured, but will be paid on a lump sum basis in two (2) installments. Fifty Percent (50%) of the lump sum price will be made on the first monthly estimate after initial mobilization and beginning of work. The second and final payment will be made on the next monthly estimate after completion of all mobilization, The costs for demobilization, and re-mobilizations due shut downs or suspensions of the work caused by the CONTRACTOR shall not be compensated. Item 2 and 32 - Vehicular Access ImlJrOVements: Vehicular access improvements to manholes and sewer lines shall be provided where directed by the OWNER to facilitate execution of the work. CONTRACTOR shall be responsible for detennining the improvements required for their equipment. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER, Items 3, 4,33 and 34 - Manhole Inspections: Manhole Inspections shall be performed at locations designated by the OWNER to field locate and assess the condition of each manhole for subsequent inspection of sewer lines, In addition, a physical inspection of the manhole structure shall be performed to locate possible sources of inflow and infiltration. Data collection and reporting, as well as recommendations for manhole rehabilitation or replacement shall be in accordance to the Contract Documents, The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER, Items 5 thru 7, 35 and 36 - Cleaning Sewers: Cleaning in sewer lines shall be perfOlmed to allow completion of inspections, and improve the functional performance of the sewer lines. Cleaning shall include the removal and proper disposal of all soil, silt, rocks and other granular material and as well as other foreign debris from the pipelines including all connecting manholes to the sewers being cleaned.. All cleaning work shall be performed in accordance to the Contract Documents. The unit price in the Pay Item Schedule shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the quantities completed as measured in the field horizontally from the center of manholes on each pipe segment as approved to the satisfaction of the OWNER. Measurements for payment shall not exceed the actual length of pipe measured between manholes. Payments will not be Sewer System Inspection and Evaluation City of Augusta 07/07/03 I I I I I I I I I I I I I I I I I I I 01025-4 Measurement and Payment made until verification of contract confonnance by inspections and approved to the satisfaction of the OWNER. Items 8 tllm 10,37 and 38 - Root Removal: Root removal and/or joint cleaning in sewer lines shall be perfonned to improve the functional perfornlance of the sewer lines and/or to remove obstructions and protrusions in the pipeline. Locations shall be approved by the OWNER prior to initiating any work. All root removal work shalI be performed in accordance to the Contact Documents, The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the total length of pipe measured between manholes and approved to the satisfaction of the OWNER. Measurements for payment shall not exceed the actual length of pipe measured between manholes, Items 11 tllm 13 and 39 - Temporary Bypass Pumping: Temporary pumping shall be provided as necessary to provide wastewater flow control at locations as approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Items llA, 12A, 13A and 40 - Temporary Bypass Pumpin2 and Leaka2c Measurement: Temporary pumping shall be provided as necessary to provide wastewater flow control and Leakage Measurement (in accordance with Specifications Section 02752, Part 3.01) at locations as approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER, Items 14 tllru 16 and 41- [nternal Sewer Inspections: Internal sewer inspections shall be performed to detennine the internal structural condition of sewer pipes and performed to locate possible sources of inflow and infiltration, Inspections, Data collection and reporting, as well as recommendations for sewer pipe rehabilitation or replacement shall be in accordance to the Contract Documents, The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, Measurement and payment will be in accordance to the Pay Item Schedule and based on the quantities completed as measured in the field from the center of manholes on each pipe segment as approved to the satisfaction of the OWNER. Measurements for payment shall not exceed the actual length of pipe measured between manholes. Payments will not be made until Sewer System Inspection and Evaluation City of Augusta 07/07/~ I I I I I I I I I I I I I I I I I I I 01025-5 Measurement and Payment verification of contract conformance by approval of inspections and deliverables to the satisfaction of the OWNER. Item 17 and 42 - Reverse Setups for Sewer Inspections: Reverse setups shall be performed as necessary when obstructions inside the pipe prevent completion of the sewer inspection in a single direction. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to reset the inspection equipment to complete the inspection from the opposite manhole. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER, Item 18 and 43 - Smoke Testing of Sewers: Smoke testing of sewers shall be performed as directed by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to mobilize at a site designated by the OWNER, distribute public notifications (provided by the OWNER), and complete a blower assisted smoke test of a manhole to manhole segment of sewer up to 600 lineal feet in length. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Items 19 thru 24 and 44 Point Repairs: Point repairs shall be performed to repairs sewer lines with internal defects that prohibit the completion of sewer inspections as approved by the OWNER. All work shall be performed in accordance to the Contract Documents. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 25 - Adder to provide pavement restoration to point repair: Additional work to provide pavement restoration shall be provided as necessary at locations as approved by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 26 and 45 - Dewatering: Temporary pumping shall be provided as necessary to provide de-watering excavations at locations as approved by the OWNER, The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be in accordance to the Pay Item Sewer System Inspection and Evaluation City of Augusta 07/07/05 I I I I I I I I I I I I I I I I I I I 01025-6 Measurement and Payment Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 27 and 46 - Allowance for Emergency Repairs or Work not Covered by Pay Items: Emergency repairs or work not covered by pay items shall not be performed without prior approval by the OWNER, This allowance will be used under the sole direction of the OWNER. Any unused allowance will revert back to the OWNER. Compensation for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. Measurement and payment will be either on a lump sum or time and material basis as approved by the OWNER. Item 28 - Traffic Control Plans: Traffic control plans shall be provided as necessary for preparing and securing permits at the work site where directed by the OWNER. The unit price in the Pay Item Schedule for this work shall include all labor, materials and other incidental costs which are necessary to obtain a traffic control permit for one project work site, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed and approved to the satisfaction of the OWNER. Item 29 - Traffic Control Plan Implementation: Traffic control plan implementation shall be provided as necessary for providing site traffic control and maintaining traffic at the work site where directed by the OWNER, The unit price in the Pay Item Schedule for this work shall include all labor, materials, equipment, maintenance and other incidental costs which are necessary to complete the requirements of this pay item. The cost for traffic control greater than this allowance shall be included in the unit price of the individual pay items, Measurement and payment will be in accordance to the Pay Item Schedule and based on the actual quantities completed, measured in the field, and approved to the satisfaction of the OWNER. Item 30 - Project Mana2;ement Allowance: The project management allowance shall be provided as necessary to support full time on-site project management, CONTRACTOR's field office, project meetings and other associated incidental costs for the duration of the contract. The cost for project management greater than this allowance shall be included in the unit price of the individual pay items. The project management allowance provided in the Pay Item Schedule shall be measured on a weekly basis, and paid with each monthly pay estimate after initiation of the work as approved by the OWNER, Sewer System Inspection and Evaluation City of Augusta 07/07/06 I I I I I I I I I I I I I I I I I I I SECTION 01040 Project Coordination PART 1- GENERAL 1.01 SCOPE A. Management of the Project shall be through the use of a logical method of construction planning, inspection, scheduling and cost value documentation. B. The work under this section includes all surface and subsurface condition inspections and coordination by the Contractor necessary for the proper and complete performance of the work. C. This section applies to the work of every division and every section of these Specifications. D. The Contractor shall become thoroughly familiar with the requirements of the Contract Documents, as well as jobsite conditions and the work of separate contractors (if any), and shall make any adjustments necessary to mail}tain the Project schedule. E. Close coordination will be required by the Contractor with the Owner, Engineer, other authorities having jurisdiction, separate contractors (if any), and others having an interest in the Project to assure that all work on the site, access to and from the site, and the general conduct of the operations is maintained in a safe and efficient manner, and that disruption and inconvenience to existing streets and properly are minimized. 1.02 SITE CONDITIONS A. Inspection: 1. Prior to performing any work under a section, the Contractor shall carefully inspect the installed work of other trades and verify that all such work is complete to the point where the work under that section may properly commence. 2. The Contractor shall verify that all materials, equipment and product'; to be installed under a section may be installed in strict accordance with the original design and pertinent reviewed shop drawings. 3. Observation of the work by the Engineer or others shall not be interpreted as relieving the Contractor of it,; responsibility for the coordination of all Sewer System Inspection and Evaluation City of Augusta 12127/02 I I I I I I I I I I I I I I I I I I I 01040-2 Project Coordination work, superintendence of the work, or scheduling and direction of the work. B. Discrepancies: 1. In the event of a discrepancy, immediately notify the Owner. 2. In the event of a discrepancy, the General Conditions will govern. 1.03 EXISTING FACILITIES A, The existing services shall remain in FULL operation while new construction is in progress. B. The Contractor shall coordinate the work with the Owner so that the construction will not restrain or hinder the operation of any existing facilities. If, at any time, any portion of the facilities are out of service, the Contractor must obtain prior approval from the Owner as to the date, time and length of time that portion of the facilities are out of service, C. Connections to existing facilities or alteration of existing facilities will be made at times when the piping or facility involved is not in use, or at times established by the Owner, when the use of piping or a facility can be conveniently interrupted for the period of time needed to make the connection or alteration. D. Before any roadway or facilities are blocked off, the Owner's approval shall be obtained to coordinate operations for these facilities, and any permitting, signage, plating, bypass pumping or any other temporary accommodation work shall be implemented by the Contractor as directed by the Owner. 1.04 COORDINATION A. The Contractor shall make all necessary investigations to determine the existence and location of underground utilities. The Contractor shall coordinate the work with third patties (including other utilities) in areas where such parties may have rights to underground property or facilities and, obtain maps or other descriptive infonnation as to the nature and location of such underground facilities or property. B. The Contractor shall also coordinate the work with owners of private and public property where access is required for the perfonnance of the work. Legal access will be secured and provided by the OWNER. C. The Contractor shall be solely responsible for maintenance and protection of and any damage to existing ulilities, slructures, and personal property. Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 01040-3 Project Coordination 1.02 SAFETY A. It is the responsibility of the Contractor to comply with OSHA regulations, the City's Safety Guidelines, and the City's Confined Space Guidelines as applicable. The Contractor shall provide written documentation that all workers have received the training required under these regulations and guidelines by qualified persons or organizations. 1.03 RESPONSIBILITY FOR OVERFLOWS AND SPILLS A. It shall be the responsibility of the Contractor to schedule and perform the work to prevent any overflows or spills of sewage or combined sewage from the system, If sewage flows are such that they interfere with the Contractor's ability to perform work, the Contractor shall be responsible to schedule the work during low flow periods or provide bypass pumping, Bypass pumping shall be provided only with the approval of the Owner. B. In the event of overflows caused by the Contractor's work activities, the Contractor shall immediately take appropriate action in accordance with the City's Emergency Response Plan (ERP), to contain and stop the overflow, clean up the spillage, disinfect the area affected by the spill, and notify the designated Owner in a timely manner. The Contractor shall prepare and follow a written Standard Operating Procedure (SOP) for handling and reporting spills, which shall be compatible with the City's ERP. C. Contractor will indemnify and hold harmless the Owner for any fines or third- party claims for personal or property damage arising out of a spill or overflow that is fully or partially the responsibility of the Contractor. Should fines subsequently be imposed as a result of any overflow for which the Contractor is fully or partially responsible, the Contractor shall pay all such fines and all of the City's legal, engineering, and administrative costs in defending such fines and claims associated with the overflow. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I SECTION 01200 Project Meetings PART 1- GENERAL 1.01 DESCRIPTION A. The Owner will schedule and administer the preconstruction meeting. B. The Owner shall schedule and administer periodic progress meetings and specially called progress meetings throughout the progress of the work. The Owner shall prepare agenda for these meetings, distribute written notice of each meeting in advance of the meeting date, and make physical arrangements for the meetings. The Owner shall preside at the progress meetings, record the minutes, including all significant proceedings and decisions. The Owner shall reproduce and distribute copies of minutes after each meeting. ' C. Representatives of contractors, subcontractors, and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents. 1.02 PRECONSTRUCTION MEETING A. The location and schedule of the meeting will be designated by the Owner. B. Agenda 1. Designation of responsible personnel. 2. List of major subcontractors and suppliers, 3. Project coordination. 4. Critical work sequencing 5, Procedures and Processing of: submittals, Change Orders, Applications for Payment, Record Documents. 6. Construction facilities, controls and construction aids. 7. Temporary utilities. 8. Safety Plan and first-aid procedures. 9. Security procedures. 10. Traffic Control Plan and procedures. 11. Emergency/Communications, 12, Erosion and Sediment Control. 13. Spill Reporting and Response 14. Hours of work, 15. Pennits. 16. Testing. Sewer System Inspection and Evaluation City of Augusta 12/23/02 I I I I I I I I I I I I I I I I I I I 01200-2 Project Meetings 1.04 PROGRESS MEETINGS A. The Contractor shall attend regular progress meetings every week or as directed by the Owner. B Agenda: 1. Review and approval of minutes of previous meeting, 2. Review of work progress since previous meeting. 3. Field observations, problems, and/or conflicts. 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Coordination of schedules. 8. Review Submittal schedules and expedite as required, 9. Maintenance of quality standards. 10. Other business. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION Sewer System Inspection and Evaluation City of Augusta 12/23102 1 I 01340-2 Shop Drawings. Product Data. and Samples I I I I I I I I 1 I I I I I I I I 1.03 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as not to cause delay in the work or in the work of any other contractor. B. Number of Submittals Required: 1. Shop Drawings and Product Data: The Contractor shall submit five copies of shop drawings and product data to the Owner for review. 2. Samples: The Contractor shall submit two samples with tags, properly identified, for each item requiring samples. C. Each submission must be accompanied by a consecutively numbered letter of transmittal, in duplicate, listing the contents of the submission and identifying each item by reference to Specification section or Drawing number. D. Submittals Shall Contain: 1. The date of submission and the dates of any previous submissions. 2. The Project title and number. 3. Contract identification, 4. The Names of: a. Contractor. b, Supplier. c. Manufacturer. 5. Identification of the product, with the Specification section number. 6. Field dimensions, clearly identified as such, 7. Relation to adjacent or critical features of the work or materials. 8. Applicable standards, such as ASTM or Federal Specification numbers, 9. Identification of deviations from Contract Document'). 10. Identification of revisions on resubmittals. Sewer System Inspection and Evaluation City of Augusta 12/24/02 I I I I 1 1 I I I I I I I I I I I I I 01340-3 Shop Orawings, Product Data, and Samples 11. An 8-inch by 3-inch blank space for Contractor and Owner stamps. 12. Contractor's stamp shall be initialed or signed, certifying to approval of the submittal, to the verification of products, field measurements and field construction criteria, and to the coordination of the information within the submittal with the requirements of the work and of Contract Documents. E, Catalog plates and other similar materials that cannot be conveniently labeled shall be bound in suitable covers bearing the identifying data. F. Shop drawings shall be accompanied by all required certifications and other such supporting materials, and shall be submitted in such sequence or in such groups that all related items may be reviewed together. When shop drawings cannot be reviewed because the submission is not complete, or because related shop drawings or items have not been received, such shop drawings will be returned without action or will be held until the lacking materials are received, Any delay to the Project, resulting from the submission of incomplete shop drawing data, shall be the responsibility of the Contractor and shall not constitute grounds for a Project time extension. G. Other special requirements may be listed in the Specifications and/or given to the Contractor at the pre-construction conference. 1.04 RESUBMISSION REQUIREMENTS A. Make any corrections or changes to the submittals required by the Owner and resubmit for review. B. Shop Drawings and Product Data: 1. Revise initial Drawings or data, and resubmit as specified for the initial submittal. 2, Indicate any changes that have been made other than those requested by the Owner. C. Samples: Submit new samples as required for initial submittal. 1.05 OWNER'S DUTIES A. Review submittals with reasonable promptness and 111 accordance with the shop drawing schedule, B. Affix review stamp and initials or signature, and indicate whether the review is complete, or resubmittal is required, Sewer System Inspection and Evaluation City of Augusta 12/24/02 I I I I I I I I I I I I I I I I I I I 015320-1 Manhole Condition Assessment SECTION 01532D Manhole Inspections PART 1- GENERAL 1.01 WORK OF THIS SECTION A. The purpose of manhole inspections is to determine the physical condition, location and possible sources of infiltration and inflow. B. Two levels of manhole inspections are covered by this Specification: Level One - Ground Level Inspection. This form of inspection is generally appropriate for manholes less than 12 feet deep and where the corresponding sewer is less than 42-inch diameter. Level Two - Manhole Entry Inspection. This form of inspection is generally appropriate for manholes greater than 12 feet deep and/or where the corresponding sewer is 42-inch diameter and greater unless designated otherwise by the Owner. C. The visible portion of each pipeline entering designated manholes shall also be inspected to assess overall structural and service condition and possible forms of infiltration. D, Digital high resolution (1,600x 1,200 pixels, minimum) photographs shall be taken showing: general surrounding views (to locate the manholes with respect to above ground features), plan view looking down at the manhole invert and clear elevation views looking into the incoming and outgoing lines, Major defects in the manhole shall be photographed where the defect is significant and is not clearly depicted on other photos. 1.04 SUBMITTALS A. Submit with Bid Documents 1. Experience Record of the Contractor. The Contractor shall provide at least three (5) references of projects of a similar size, which were successfully performed within the past 5 years. The reference shall include: client name, project name and description, the date of the project, and a reference contact. 2. Key personnel and experience list. Provide the names of personnel who will be assigned to the project, experience qualifications and cun'ent Confined Space Entry certification, Field supervisors shall have received proper training in this function and have a minimum of 3 years experience in Sewer System Inspection and Evaluation City of Augusta 02120/03 I I I I I I I I I I I I I I I I I o L532D-2 Manhole Condition Assessment performing such inspections, including safe working practices, confined space entrys, etc. Field Staff shall have a minimum of 1 year experience in performing such assessments, including safe working practices. 3, Major equipment list and manufacturer's data. 4, Listing of Backup and Standby Equipment 5. Sample Inspection Reports and Defect Coding List B. Submit with Each Project 1. Wastewater Row Control Plan 2, Confined Space Entry Plan/Permit 3. Spill Control Plan 4. Traffic Control PlanlPermit (as necessary) 5, Erosion and Sediment Control Plan/Permit (as necessary) 6. Field Safety Plan 7. Debris Disposal Plan 8. Manhole and Pipeline inspection reports 9, Daily Logs and Progress Reports PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 METHODOLOGY A. Levell - Ground Level Inspection, 1. Manholes less than 12 feet deep, with all pipes less than 42-inches In diameter, will be inspected using this method. 2. The manhole inspection shall be carried out remotely using hand held equipment from the ground surface incorporating high level illumination and a digital camera or similarly approved technology which shall have an intensity of light and picture quality sufficient to convey all required infonnation in a clear and distinguishable manner. Infonnation gathered shall provide a full illustrative account of the manhole's interior, including all defects as well as each pipeline entering the manhole. B. Level 2 - Manhole Entry Inspection. 1. Manholes that are 12 feet deep and greater or manholes with any pipe 42-inches in diameter and greater or with offset manholes, overflow weirs, or other unique features precluding effective ground level assessment will be inspected using this method, I I Sewer System Inspection and Evaluation City of Augusta 02/20103 I I I I I I I I I I I I I I I I I I I 01532))-3 Manhole Condition Assessment 2, The Contractor shall carry out each manhole assessment by physically entering each manhole to determine the dimensional configuration, depth to invert(s) from rim, pipe sizes, materials and physical condition of the interior surfaces, joints, connections, ring and cover of the structure and locate possible sources of infiltration and inflow, The arrangement in the manhole shall be documented with a Drawing that shall indicate the direction of flow. The Manhole Inspection Form attached to this Specification shall be used by the Contractor to record all manhole inspection data, including map verification, manhole ill number, assessment log, and noted defects as necessary. 3. The manhole interior structure shall be manually inspected usmg high-level illumination. High-resolution digital photographs with approved picture quality shall be taken of observed defects, as well as all other relevant features. Information gathered shall provide a full illustration of the condition of the manhole's interior, as well as each pipeline entering the manhole, 3.02 GENERAL REQUIREMENTS A. The following data will be recorded by the Contractor and submitted in the form of both a hardcopy and electronic data, including all text and digital photos. The data shall be submitted to the Owner on the first Monday following 1 week past the date that data was collected, such that the Contractor has a full week to perform QAlQC and make corrections, Submitted data shall incorporate the following: 1. Manhole Number. 2, Clock reference of each defect (12 o'clock at North). 3. Date of condition assessment. 4. Location of manhole, 5, Status as covered, buried, or un-located manhole, 6, Number and size of holes, if any, in manhole cover. 7. Deficiencies in the ring and cover. 8. Whether or not the manhole is subject to ponding and the size of the runoff/ponding area, 9, The length, size, type, and depth of pipe(s). Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I 015320-4 Manhole Condition Assessment 10. Drawing of invert showing direction of flow, incoming and outgoing pipe(s). 11. Construction materials and conditions of the walls, step Irons, aprons (benches), troughs and inlet and outlet pipelines. 12. Location and nature of visible defects and obstructions, i.e., indication of structural conditions or special problems in the pipe/manhole. I I I I I I I I I I 13. Root growth and type in manhole walllbase, if any. 14 Evidence of leaks and locations, along with measured or estimated sources of extraneous flows, i,e" identification and quantification of visible inflow and infiltration sources. 15. Special problems and conditions, such as overflows, bypasses, etc, 16. Presence of any potable water flushing valves. 17. Type and depth of debris and deposition in the manhole. 18. Evidence of surcharge. B. The following inlet and outlet pipeline data will also be recorded on the manhole assessment forms: 1. Size, material, and depth of pipes, 2. Root growth in pipes. 3, Type of deposition in pipe and recommended cleaning method. 4. Visible infiltration/inflow sources in pipes, 5. Structural condition of pipes. 6. Special problems that may exist in pipes. 7. Clock reference. I c. A sample Manhole Condition Assessment Form IS provided at the end of this I section in Attachment A. I I I Sewer System Inspection and Evaluation City of Augusta 02/20103 I I I I I I I I I I I I I I I I I I I 015321)-5 Manhole Condition Assessment 3.03 PHOTOGRAPHIC DOCUMENT A TION PROCEDURES A, A set of high-resolution digital color photographs shall be taken for each manhole assessed, showing: 1. Above ground features and conditions in the vicinity of the manhole to be assessed - photograph to be taken looking downstream with manhole in immediate foreground (All Assessments). 2, Plan view from surface, of manhole invert - photographers feet placed on location of outgoing pipe (All Assessments), 3. Elevation view of each incoming and outgoing sewers (All Assessments). 4. All observed defects and obstructions (All Assessments). B Groups of digital photographs for each designated manhole, orientated so that the long side of the photograph is horizontal shall be incorporated in the hardcopy of the MCA report, and shall also be supplied on a CD-ROM(s) incorporated for each work order issued by the Owner, unless otherwise directed C The digital photographs shall incorporate annotated references superimposed on the image to both manhole number and date when the photograph was taken. The annotation shall be clearly visible and shall have a 12 point (uppercase) font size. Reference to location of each photograph shall be indicated on the sketches at the end of the report, Photographs taken within the manhole shall indicate depth below ground surface and clock reference, relative to North at 12 o'clock. Each photograph filename shall be entered into the electronic database in the appropriate record that it is associated with, D. Digital photographs not meeting the Owner's approved picture quality shall be retaken at no additional cost to the City. 3.04 PUBLIC NOTIFICATION A, Public notification is critical and compliance with the public notification criteria is a prerequisite for conducting manhole condition assessments on private property, At a minimum, the following steps shall be taken: 1, Residential/Commercial: Distribute pre-approved advance notice flyers between 24 and 72 hours before inspection commences for each section of pipe, 2, Advance notice flyers shall be customized by the Contractor to suit this Project and must be submitted for approval by the Owner prior to Project commencement. The flyer will be similar to the example found in the Sewer System Inspection and Evaluation City of Augusta 07/07/03 I I I I I I I 'I I I I I I I I I I I I ATTACHMENT A EXAMPLE MANHOLE INSPECTION FORM Sewer System Inspection and Evaluation City of Augusta o 1532D-8 Manhole Condition Assessment 02/20/03 I I I I I I I I I I MANHOLE INSPECTION FORM 1. INSPECTlON CREW: MANHOLE #: DATE:_/_/_ 2. GEN. LOCATION: LOT LOCATION: 3. ADDRESS: OBSERVATION CODE NO, CODE 3. INSPECTION TYPE ........................,......... L-I 1-1NTERNAl 2-SURFACE 3-NOT INSPECTED 4-BURIED 5-NOT FOUND 4. STRUCTURE TYPE ......................,.........., 1-1 l-STND 2,CLN OUT 3-IN DROP 4-0UT DROP 5-CTCH BASIN 6-FIELD IN 7-TEE 5, LOCATION 6. SURFACE TYPE ....................................., 1-.-1 l-ASPHALT 2-CONCRETE 3-GRAVEL 4-DIRT/GRASS 7, COVER A. TYPE .......................:,.. 1-1 1.PICK 2,CONCEALED PICK 3,GASKETED 4-VENTED 5-STORM 6-BOL T DOWN B. FIT ...............................1--1 l-GOOD 2.TIGHT 3-LOOSE 4,ROCKING 5-BOLTS MISSING 6-GASKET BAD/GONE C, # OF HOLES ...............1--1 0, PONDING DEPTH (IN)I-I E. PONDINGTYPE ...........1-.-1 l-SHEETFLOW 2-LOWPOINT F. GRADE +/- (IN) ............1_1 G, SIZE ...........,................1--1 H, INFLOW DISH .............,1--1 1-YES 2-NO 8, FRAME A. OFFSET (IN) ............... 1--1 FRAME SIZE B. RISER HEIGHT (IN) ...... L-I (CLR.OPN'G.) (COVER DEPTH) (COVER OPN'G) (FRAME DEPTH) 9. GRADEADJ, A. TYPE ,...........................1--1 l-NONE 2,PRECAST 3-BRICK 4,BLOCK 5-POURED B. DEPTH (IN) .................. 1-1 C, MIN.DIA.(IN) ..............1_1 10. CONEfTOP A. TYPE ....,........................1_1 l-NONE 2-PRECST 3-BRK 4-BLK 5-PORD 6-BRK&CON 7-CLAY 8.PVC 9-RCK B. SHAPE ,.......................1_\ 1.CONCENTRIC 2-ECCENTRIC 3-FLAT TOP A. MATERIAL................... I_I l-NONE 2-PRECST 3-BRK 4-BLK 5-PORD 6-BRK&CON 7-CLAY 8-PVC B. LINING TYPE ...,........... L-I l-CEMENTITIOUS 2,CAST-IN-PLACE 3-CURED-IN-PLACE 4-EPOXY C. DIA. (IN) ......................1-1 12, BENCHTYPE ,..........,..........,......,............1--1 l-NONE 2-PRECAST 3-BRICK 4-BLOCK 5,POURED 13. TROUGH TYPE .......................................1_1 l,NONE 2-PRECAST 3,POURED 4-VCP 5,PVC 14, PIPE SEAl TYPE ..,....,............................. L-I 1-NONE 2-MORTAR 3,GASKET 15. STEPS A. TYPE...............,.........., I_I l-NONE 2-BAR 3-CASTIRON 4-PLASTIC B, CONDITION ................,1-1 l-GOOD 2,CORRODED 3,MISALlGNED 4.BROKEN 5-MISSING 17, MANHOLE DEPTH (FT) ........................,.. 1-1 18. EVIDENCE OF SURCHARGE (FT) ...........1_1 DEFECTS FLOW OBS. BROKEN CODE (GPM) S D 19, COVER ........................... 1--11_1 1--11-1 20. FRAME .........................., 1--11_1 1--11-1 21, FRAMESEAL.................I_II_1 1--11_1 I I I I I I I I I 11. WALL 22. GRADE ADJUSTMENT ...1-11-1 23. CONE .............................1-11-1 24. WALL............................. 1_11_1 25, BENO-i ........................... 1--11_1 26. TROUGH ........................1-11-1 FLOW CODE 1 - LIGHT 2-MODERATE 3 - HEAVY SEVERITY CODE 1 - MILD 2-MODERATE 3 -SEVERE 1--11-1 1--11-1 1--11-1 1--11-1 1--11-1 DENSrTYCODE 1 - <10% 2-10%,25% 3 - 25% ,50% 4 ' >50% CORROSION S D 1-11-1 1-11-1 1-11-1 1-11--1 1-11-1 1-11-1 1-11-1 1-11-\ ROOTS S D VI CODE --NUMBER OF- HOlES CRACKS JOINTS COMMENTS: 1-11-1 1-11-1 1-11-1 1-11-1 I~II-,-I I-II~I I-II~I 1-\ I-I 1-\ 1--1 I-I 1--1 1--1 I-I I-I .Ii1mQE 1 ' INFLOW 2 -INFILTRATION R9LL NUMBER(S): PI~jURE NUMBER(S): I I MANHOLE INVENTORY FORM 1. INITIALS: DATE: MANHOLE #: I 2. GEN, LOCATION: 3. ADDRESS: LOT LOCATION: I 4. RIM ELEVATION ......................................1 5. RIM STATUS ,...............,...................,.......1 6, STRUCTURE TYPE ,......................,........../ 7. MANHOLETYPE .........,................,..........1 8. SURFACE TYPE ......................................1 9. COVER TYPE .........,...........................,....1 10. GRADE +/- (IN) ...........................,...........1 11. INFLOW DISH ........................,.................1 12. DlAMETERIlENGTH(IN) ,........................1 13. WlDTH (IN) ...........................,..,...............1 14, DEPTH(FT) .....,....,................,.............,...1 15. WALL MATERIAL ....................................1 16, UNERTYPE .....,..,..........................,........1 I 1 1-FIELD VERIFIED 2-MULTIPLE RIM 3-ESTIMATED I 1-STND 2-CLN OUT 3-IN DROP 4-OUTDROP 5,CTCH BASIN 6-FLD INLT 7-TEE I 1,STANDARD 2,DIVERSION 3-BYPASS 1 1-ASPHALT 2-CONCRETE 3-GRAVEL 4,DIRT/GRASS 1 1-PICK 2-CONCEALED PICK 3-GASKETED 4,VENTED 5-STORM 6-BOLT DOWN I I 1-NO 2,YES I 1 I 1 1-NONE 2,PRECST 3-BRK 4-BLK 5,PORD 6-BRK&CON 7-CLAY 8-PVC I 1-CEMENTITIOUS 2,CAST.IN-PLACE 3-CURED-IN-PLACE 4-EPOXY I I I I I 17. #OF IN PIPES .............................,............1 18, #OFOUTPIPES ......................................1 19, #OF IN DROPS .......................................1 20, #OFOUTDROPS ........................,..........1 21. XCOORDINATE ........................,....,........\ 22. YCOORDINATE ..............,.......................1 23. ATTRIBUTE X OFFSET .................,..........1 24. ATTRIBUTE Y OFFSET ......,....................1 25. ATTRJBUTESIZE ........,...........................,1 26, ATTRJBUTETYPE ..,..,...,...,......................1 I I I COMMENTS: I I I I I I , > " I @ George Butler Associates, Inc, I I 01532D-9 Manhole Condition Assessment I I END OF SECTJON I I I I I I I I I I I I I I I Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I I I I I I I I I I I I I I I SECTION 02511 Cleaning of Sewers PART 1- GENERAL 1.01 SCOPE A. The objective of cleaning is to maXlnllze sewer efficiency and effectiveness. Cleaning involves the removal of silt defined as any and all solid or semi-solid materials, including fine and granular material, such as sand, grit, gravel, and rock as well as debris, grease, oil, sludge, slime, or any other loose material or encrustation lodged in the manhole or sewer. Cleaning also involves the removal of invading roots and any other extraneous debris. B. Cleaning Classifications. 1. Sewer cleaning shall be categorized into two groups of work: a. Light cleaning shall be defined as debris levels found in the pipeline that are not greater than 25 percent of the pipe diameter. b. Heavy cleaning shall be defined as debris levels found in the pipeline that are greater than 25 percent of the pipe diameter. C. Root Removal Classifications. l. Root removal shall be categorized into two groups of work: a. Light root removal shall be defined as small, solitary roots or groups of roots that cover less than 30 percent of the pipe diameter. b. Heavy root removal shalI be defined as groups of roots or root mass that covers more than 30 percent of the pipe diameter. This shalI also include larger tap roots tha impinge beyond the nonnal sewer flow level. D. Major Blockage. A major blockage shall be defined as an obstruction within the sewer that cannot be removed by cleaning with commercially available hydraulic or mechanical cleaning equipment. Removal of a major blockage shall be provided as a separate work item. E. The sewers to be cleaned are subject to high flows, either continuously or in a periodically varying cycle, due to rainfall, infiltration, and/or pumping operations. Sewer main and service operations shall be maintained at all times during cleaning operations. The CONTRACTOR shall include as a part of this work any pumping and/or coordination required to perform the work and to accommodate flow variations, whether due to rainfall, other pumping operations or other flow variations. Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02511 Cleaning of Sewers 1.02 SUBMITTALS A. Submit with Bid Documents. 1. A minimum of three references for work that was successfully completed within the last 5 years. Each reference shall include the name of the owner, project name and date work was performed and an reference contact name and phone number. 2. List of major cleaning equipment. 3. Safety equipment. 4. Flow diversion and flow control equipment. B. Submit with each task order. 1. 2. 3. 4. 5. 6. Confined Space Entry Permit/Safety Plan. Confined Space Entry certification of all entry personnel. Spill prevention and emergency response plan. Flow diversion plan and/or flow bypassing equipment. Traffic control plan (as necessary). Debris disposal plan. . . 1.03 EXPERIENCED WORKERS A. All workers(s) responsible for cleaning work shall have a minimum of 3 years previous experience in cleaning and related activities including: 1. Use of gas safety monitors/detectors/testers. 2. Safe working in confined spaces. 3. Utilization of hydraulic pressure jetting/water blasting in sewers and confined spaces. 4. Utilization of root cutters and/or root treatment using chemicals. 5. Utilization of a wide range of cleaning nozzles in widely differing conditions. PART 2 - PRODUCTS 2.01 GENERAL A. All cleaning equipment shall be truck mounted. Water jet cleaning equipment shall include a water tank, auxiliary engine, pumps and hose reel. The CONTRACTOR shall provide high pressurc hose and a selection of high velocity nozzles to accommodate a varicty of cleaning conditions. Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02511 Cleaning of Sewers B. Rodding machines shall have the ability to spin the rod clockwise or counterclockwise and be able to be pushed in or pulled out without rotating the machine. C. Root removal equipment shall be designed to cut roots encountered flush with the pipe surface. PART 3 - EXECUTION 3.01 WORKING AREA A. The working area in which machinery and equipment opcrates shall bc kept to a minimum. Equipment not in use shall be removed from the work sitc so as to minimize disruption to traffic and gencral public. B. The working area is to be free from silt and debris when the Contractor leaves the sitc at the end of each visit. C. Open manholes, machinery, and standing equipment shall be protected at all times. 3.02 NOISE CONTROL A. Thc Contractor shall employ the "best practicable means" to mllllmlze and mitigate noise as well as vibration resulting from operations. Mitigation measures shall include the utilization of sound suppression devices on all equipment and machinery, particularly in residential areas and in the near vicinity of hospitals and schools, especially at night. B. All pumps, generators, combination cleaners or other noise emitting equipment shall be suitably screened to minimize nuisance and pollution. 3.03 OPERATIONAL REQUIREMENTS A. Each cleaning unit shall carry sufficient numbers of guides and rollers such that, when cleaning, all bonds are supported away from sewer and manhole structures. B. The system of silt and debris removal shall be capable of operating in such a way as to minimize the obstruction to sewer flows and cleaning operations. C. Basements, homes and all other vulnerable property shall bc prevented from being flooded where hydraulic clcaning methods are used to clean sewers. Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02511 Cleaning of Sewers 3.04 HANDLING AND DISPOSAL OF REMOVED MATERIAL A. The CONTRACTOR shaU remove all silt, debris, detritus, etc. resulting from aU sewer cleaning activities at least once each working day. Such material shall be caught and collected in a suitable trap, weir, or dam within the manhole or chamber being cleaned and/or at the downstream manhole of the sewer segment being cleaned. The CONTRACTOR shaU ensure that the capture method or methods used effectively prevent silt migration downstream. B. All supernatant resulting from the cleaning process shall be decanted and returned to the sewer system. C. All material removed from sewers and manholes shall be deposited in suitable closed watertight containers such that the total amount removed can be easily measured if required. D. The type and capacity of containers to be employcd for the holding and transport of the removed materials shall be determined by the CONTRACTOR. The CONTRACTOR shaU not accumulate or store debris silt and/or liquid waste or sludge on site. Under no circumstances shaU sewage, silt or solids be dumped onto the ground surface, ditches, catch basins or storm drains. The CONTRACTOR's work procedures shall be such that sewer cleaning work is not delayed by a lack of an empty container in which to deposit the materials removed for the sewer. E. The CONTRACTOR is advised that it may not always be possible for the container to be positioned immediately adjacent to the manhole from which materials are being removed, and that "double handling" of the materials may be necessary. The CONTRACTOR shall provide for such "double handling" to be carried out safely and efficiently at no additional cost to the OWNER. F. The CONTRACTOR shall be responsible for aU arrangements and costs necessary to provide for the proper disposal of materials removed from the sewers. The disposal site must be licensed to accept such materials and must be approved by the OWNER prior to commencement of the work. 3.05 WATER SUPPLY A. The CONTRACTOR is responsible for making his own arrangements for obtaining water for the work, and he shall comply with all local conditions regarding the use of construction and flushing water. Such arrangements shall be approved by the OWNER prior to commencement of work. B. All details of the point of water connection, backflow protection, conveyance methods, draw-off rates, times and all local conditions regarding the use of watcr shall be approved by the OWNER prior to commencement of work. All Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02511 Cleaning of Sewers equipment, labor, and material required for obtaining water for the work shall be provided by the CONTRACTOR. C. The use of any standpipe or hydrant, which has not been approved by the OWNER is expressly forbidden. 3.06 DAMAGE TO MANHOLES OR SEWERS BY CONTRACTOR A. The CONTRACTOR shall use special care in work methods and take all necessary precautions against improper use of the cleaning equipment to avoid damaging the sewer and/or manholes. If, in the OWNER's opinion, the CONTRACTOR's work has caused damage to the manhole or sewer, the CONTRACTOR shall repair the damage to the complete satisfaction of the OWNER at no additional cost. 3.07 QUALITY CONTROL A. A quality control inspection or survey of cleaned sewers shall be carried out as directed, immediately following completion of cleaning work. If a sewer or pipe line has not been cleaned as specified (based on visual inspection, tape review or field analysis by the OWNER), the sewer shall be re-cleaned at no additional cost to the OWNER. 3.08 DAILY LOGS A. The CONTRACTOR shall provide a report of work completed each day. The report shall be submitted to the OWNER no later than I work day following completion of the work. The report shall contain a separate shcet for each sewer segment cleaned. Sewer System Inspection and Evaluation City of Augusta 12/27/02 >-3>-3 s's. rD rD o 0 .......,"""" t1;p.C/) rD 3 ::r '0 .~ P:> < ,....,. ::t P:> @ 1>-" o ......., , -;::;(i~ l/JM~t""' ::l o'~ =.. t,j ~ 0 ;::; 3 '9. r:> '" ""l n ""-"f"CroQ:) ~3g ::l It> .... ~ 1""'1' _. I '-' It> - It> 0 ::l ::l Z::l .... .... ? '" '* tTl ~ S:S; * 3 ~ ~ l/J M fl> ::l 3: .., ::r (Jq fl> 0 * ::l rD ~ n '< '*;;OC::: ~ 3:0 efl> .., ~ ....... 'O(Jq ro ::ll/J ~ e:. g 0 ::r 0"'""1,..... 0 rD 90'to ~ t""'l/J c....~. I'> ;;' It> It> ,-,::lo. 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(1l 0- n o g .., P> n 8 .., en ;;0 fl> '0 .., fl> en fl> ::l g. < ~ tr:l Z t1 o 'Tl C/) tr:l n 0-3 ,...... o z en " ~ " .., en '< V> <> 3 5' V> '0 " ~ o. :l '"' :l 0- m < E:. c ~ o. :l D. -< o ...., ;J;> c Q<l c V> OJ tv N -.I 23 tv I I I I I I I I I I I I I I I I I I I SECTION 02750 Wastewater Flow Control PART 1 - GENERAL 1.01 SCOPE A. This Specification covers the work necessary to provide wastewater flow bypassing systems. Bypass pumping shall consist of furnishing, installing, and maintaining all power, primary and standby pumps, appurtenances and bypass piping required to maintain existing flows and services B. Bypass pumping shall be done in such a manner as not to damage private or public property, or create a nuisance or public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic, and shall be redirected into a sanitary sewer system. Dumping or free flow of sewage on private property, gutters, streets, sidewalks, or into storm sewers is prohibited. The bypass pumping shall include an emergency response plan to be followed in the event of a failure of the bypass pumping system. After the work is completed, flow shall be returned to the replaced sewer and all temporary equipment removed. 1.02 SUBMITTALS A. Submit with Bid Documents. I. The design, installation, and operation of the bypassing system shall be the CONTRACTOR's responsibility. The CONTRACTOR shall provide at least three (3) references of projects of a similar size and complexity as this Project, which were successfully perfoffi1ed the within thc past 3 years. Each reference shall include the name of the owner, project name and description, date work was performed, and a referencc contact. 2. List of major equipment. B. Submit for each t.ask order. l. Bypassing systems site plan showing pump and ptpmg layouts, including thrust and rcstraint plan. 2. Bypass pump sizes, capacity, number of each size to be on site and power requirements (Calculations of static lift, friction losses, pump curves and pump-operating range limits). 3. The bypassing plan shall indicate the means by which flows from laterals are to be handled, which may include temporary piping and/or subsidiary Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02750-2 Wastewater Flow Control pumping. Interruptions of lateral service shall not be allowed for more than 24 hours or as directed by the OWNER. 4. Standby power equipment and noise control plan. 5. Sewer plugging method and types of plugs. 6. Method of protecting discharge manholes or structures from eroslOn and damage. 7. Confined Space Entry Permit/Safety Plan. 8. Confined Space Entry certification for all entry personnel. 9. Spill prevention and emergency response plan. 10. Traffic control plan (as necessary). PART 2 - PRODUCTS 2.01 PUMPING EQUIPMENT A. All pumps used shall be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps in the priming system. Thc pumps may be electric or diesel powered. All pumps used must be capable of running dry. B. The CONTRACTOR shall have adequate standby equipment available and ready for immediate operation and use in the event of an emergency or breakdown. One standby pump for each size pump utilized shall be installed at the mainline flow bypassing locations, ready for use in the event of primary pump failure. The back- up pump, appropriate piping, fuel, lubrication and spare parts shall be incorporated into the bypass arrangement at the site, ready for use in case of breakdown. C. A bypass "drill" shall be performed by the CONTRACTOR and witncssed by the OWNER to demonstrate system readiness. The drill shall demonstrate the incorporation of all standby equipment to handle flows when the main pump set is switched off. Provisions to accommodate any of the OWNER's review comments following the drill shall be adhered to in full at no additional cost. D. No more than two (2) pump discharge hoses shall be used for the bypass/diversion. If the flow exceeds the capacity of 2 hoses, then rigid piping shall be used. The rigid piping shall consist of HOPE or stecl pipes with suitably pressure rated couplings to withstand twice the maximum system pressure or 50 psi, whichever is greater. Under no circumstances will aluminum irrigation type piping or glued PYC pipe be allowed. E. No flow data is available. The CONTRACTOR shall assume the pipes flow full and can surcharge to ground level under wet weather conditions. The CONTRACTOR shall provide all pipeline plugs, pumps of adequate size to handle wet weather pcak flows, and temporary discharge piping to ensure that the Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I 02750-3 Wastewater Flow Control total flow can be safely diverted. Bypass pumping systems will be required to be operated continuously 24 hours per day. PART 3 - EXECUTION 3.01 GENERAL A. The CONTRACTOR shall be solely responsible for planning and executing sewer flow control, bypass and diversion pumping operations. The CONTRACTOR shall be entirely liable for damages to private or public property that may result from his operations and for all cleanup, disinfection, damages, and resultant fines in the event of a spillage, flooding or overflow. B. Plugging or blocking of sewage flows shall incorporate primary and secondary plugging device. When plugging or blocking is no longer needed for performance and acceptance or work, it is to be removcd in a manner that permits the sewage flow to slowly return to normal without surge, to prcvent surcharging or causing other major disturbances downstream. C. If the OWNER is operating or maintaining conventional pumping facilities and/or flow bypass and/or diversion pumping in the vicinity of the CONTRACTOR's work, the CONTRACTOR shall coordinate with the OWNER as necessary to minimize any adverse impacts of the CONTRACTOR's work. D. The CONTRACTOR shall immediately cease bypass and/or diversion pumping when so ordered by the OWNER. END OF SECTION Sewer System Inspection and Evaluation City of Augusta 12/27/02 I I I I I I I I I I I I I I I I I I I SECTION 02752 Internal Sewer Inspection PART 1- GENERAL 1.01 SCOPE A. This Specification covers the work necessary to assess the internal structural and service condition of sewers. Assessment will be perfonned using pan and tilt color camera Closed Circuit Television (CCTV) or Sewer Scanner & Evaluation Technology (SSET). B. The work shall include field inspection and evaluation activities as well as the preparation of deliverables compatible with the OWNER's Geographic Information System (GIS). 1.02 SUBMITTALS A. Submit with Bid Documents 1. Experience Record of the CONTRACTOR. The CONTRACTOR shall provide at least three (3) references of projects of a similar sizc, which were successfully performed within the past 3 years. Each reference shall include the name of the owner, project name and description, date the work was performed and a reference contact. 2. Experience of the contractor in providing data for integration with GBA Master Series computerized maintenance management software. 3. All CCTV/SSET operator(s) responsible for direct reporting of sewer condition shall have a minimum of 2 years previous experience in surveying, processing, and interpretation of data associated with CCTV/SSET surveys/inspections. The CONTRACTOR shall provide written documentation that all survey operators meet these experience requirements. 4. Major equipment list and manufacturer's data. 5. Sample Inspection Report and Defect Coding List. 6. Leakage measurement plan. B. Submit with Each Project 1. Sample electronic GBA dcliverablc (one time only) 2. Inspection RepOIt (electronic and hardcopy). 3. Wastewater Flow Control Plan. 4. Confined Space Entry Permit/ Field Safety Plan. 5. Confined Spacc Entry certifications for all entry personnel. 6. Traffic Control Plan/Pcrmit (as necessary). 7. Spill Prevention and Emergency Response Plan. Sewer System Inspection and Evaluation City of Augusta 01/06/03 I I I I I I I I I I I I I I I I I I I 02752-2 Intemal Sewer Inspections 8. Debris Disposal Plan. C. Daily Logs. The CONTRACTOR shall complete a daily written record (diary) detailing the work carried out and any small items of work which were incidental to the Contract. The CONTRACTOR shall include in his daily record, refercnce to: 1. Delays: e.g. Dense traffic, lack of information, sickness, labor or equipment shortage. 2. Weather: Conditions, e.g. rain, etc. 3. Equipment: On site, e.g. specialist cleaning, by-pass equipment, etc. 4. Submittals: To the designated OWNER's representative. 5. Personnel: On site by name, e.g., all labor, Specialist Services, etc. 6. Accident: Report, e.g. all injuries, vehicles, etc. 7. Incident: Report, e.g. damage to property, property owner complaint, etc. 8. Major Defects Encountered, Including Collapsed Pipe, If Any: e.g. cave-ins, sink holes, etc. 9. Visitors: On site. PART 2 - PRODUCTS 2.01 GENERAL EQUIPMENT REQUIREMENTS A. The surveying/inspecting equipment shall be self propelled and capable of surveying/inspecting a length of sewer up to 1000 feet with access from one manhole only. The CONTRACTOR shall maintain the equipment and shall satisfy the OWNER at the commencement of each working shift that all items of equipment have been provided and arc in full working order. B. Where the inspection camera is towed by winch and bond through the sewer, all winches shall be stable with either lockable or ratcheted drums. All bonds shall be steel or of an equally non-elastic material to ensure the smooth and steady progress of the camera equipment. All winches shall be inherently stable under loaded conditions. C. Each unit shall carry sufficient numbers of guides and rollers such that, when surveying or inspecting, all bonds are supported away from pipe and manhole structures and all cables and lines used to measure the camera location within the sewer are maintained in a taut manner and set at right angles where possible, to run through or over the measuring equipment. 2.02 SURVEYIINSPECTION VEIllCLE A. The survey/inspection vehicle shall comprise two totally separate areas. One of these, dcsignated as the viewing area, shall be insulated against noise and extremes in temperature, include the provision of air conditioning, and shall be provided with means of controlling external and internal sources of light in a manner capable of Sewer System Inspection and Evaluation City of Augusta 01/06/03 I I I I I I I I I I I I I I I I I I I 02752-3 Internal Sewer Inspections ensuring that the monitor screen display can be easily viewed. Seating accommodation shaU be provided by the CONTRACTOR to enable two people, in addition to the operator, to view clearly the on-site monitor, which shaU display the survey/inspection as it proceeds. B. The SSET inspection vehicle shall be provided with two, high resolution, color monitors to allow simultaneous viewing of the frontal and unfolded pipe views. 2.03 INSPECTION CAMERA EQUIPMENT A. The CCTV system shall provide a color pan and tilt camera(s) to facilitate the survey and inspection of sewers and laterals. A 3600 rotational scan indicating general condition must be implemented at every 50 feet interval (min.) along sewers, and at manholes and any notable or defect features. The speed of the CCTV camera in the sewer shall be limited to 40 feet per minute for surveys to enable aU details to be extracted from the ultimate VHS recording. B. The SSET system shall include a fisheye lens that provides a forward view and continuous undistorted side scan image. The unit shall be operable in 100 percent humidity conditions and contain a gyroscope to measure inclination and meander along the inspected pipeline. The SSET camera speed shall be limited to 15 feet per minute. C. Linear Measurement: 1. The monitor display shall incorporate an automatically updated record in feet and tenths of a foot of the footage of the camera or center point of the transducer, whichever unit is being metered, from the cable calibration point. The relative positions of the two center points should also be noted. 2. The CONTRACTOR shall use a suitable metering device, which enables the cable length to be accurately measured; this shall be accurate to :!:1 % or 3 inches, whichever is the greatcr. The CONTRACTOR shall demonstrate compliance with the accuracy tolerance at the start of each day or as required by the OWNER. Correct adjustment of the recording apparatus and monitor shall be demonstrated by use of the test tape or other device approved by the OWNER. D. Data Display, Recording, and Start of Survey/Inspection: 1. At the start of each sewer length being surveyed or inspected and each reverse set-up, the length of pipeline from zero footage, the entrance to the pipe, up to the cable calibration point shall be recorded and reported in order to obtain a full record of the sewer length. Only one survey shall be indicated in the final report. All reverse set-ups, blind manholes, and buried manholes shall be logged on a separate log. Video digits shaU be recorded so that every recorded feature has a correct tape elapsed time stamp. Each Sewer System Inspection and Evaluation City of Augusta o l/06/03 I I I I I I I I I I I I I I I I I I I 02752-5 Internal Sewer Inspections 8. All continuous defects shall incorporate a start and finish abbreviation in the log report. 2.04 PERFORMANCE A. Picture Quality: 1. An approved test device shall be provided and be available on site throughout the work, enabling the tests specified in this clause to be checked at the OWNER's direction. 2. The test card shall be Marconi Regulation Chart No.1 or its approved derivatives with a color bar, clearly differentiating between colors, with no tinting, to show the following: White, Yellow, Cyan, Green, Magenta, Red, Blue, and Black. 3. At the start of each and every working shift, the camera shall be positioned centrally and at right angles to the test card at a distance where the full test card just fills the monitor screen. The CONTRACTOR shall ensurc that the edges of the test card castellations coincide with the edges of the horizontal and vertical scan (raster). The card shall be illuminated evenly and uniformly without any reflection. The illumination shall be to the same color temperature as the color temperature of the lighting. The type of camera used is to be identified on the test recording. The recording must show the camera being introduced into the test device and reaching its stop position. Other test devices may be used, subject to approval by the OWNER. 4. Playback video shall be capable of a resolution of a minimum of 400 lines recorded at standard (SP setting) VHS speed. Each VHS tape or CD shall be labeled by reference to the header record for the survey section completed together with the following infonnation: a. Sequential (unique) VHS number. b. Basin / catchment worked in. c. Survey company name and logo. d. Survey date. 5. CCTV FocuslIrisffilumination: The adjustment of focus and iris shall allow optimum picture quality to be achieved and shall be remotely operated. The adjustment of focus and iris shall provide a minimum focal range from 6 inches in front of the camera's lens to infinity. The distance along the sewer in focus from the initial point of observation shall be a minimum of twice the vertical height of the sewer. The illumination must allow an even distribution of the light around the sewer perimeter without the loss of contrast picture, flare out or shadowing. Sewer System Inspeetion and Evaluation City of Augusta 01/06/03 I I I I I I I I I I I I I I I I I I I 02752-6 Internal Sewer Inspections 2.04 DATA PROCESSING - GIS/Electronic system compatibility. A. All data collected by the CONTRACTOR shall be integrated with the OWNER's GBA Master Series computer maintenance management software. The CONTRACTOR shall ensure that all data integration issues have been resolved with GBA and that the data can be integrated with GBA Master Series. Prior to initiating any field activities, the CONTRACTOR shall prepare and submit a sample electronic deliverable to the OWNER to confinn compatibility requirements. The CD shall represent a minimum of 25 manhole to manhole segments and include summary defect data to allow the OWNER to confirm that formatting requirements have been met. No payment for inspection will be made until this submittal has been approved by the OWNER. B. The following requirements apply: 1. Each manhole to manhole segment must be saved as an individual electronic file. 2. GBA? Always ref upstream MH first? 3. Ge.o referencing 4. File formats PART 3 - EXECUTION 3.01 CLEANING PRIOR TO INTERNAL CONDITION INSPECTION A. The CONTRACTOR shall clean the sewer prior to internal condition inspection. 3.01 BYPASS PUMPINGfLEAKAGE MEASUREMENT A. Sewer inspection shall only be performed where the depth of flow is less than to percent of the pipe diameter. The CONTRACTOR shall provide bypass pumping or coordinate temporary plugging as directed by the OWNER to control the flow to meet these requirements. B. The CONTRACTOR shall also be responsible for measuring and reporting leakage into the pipe under "no flow conditions" by hydraulically isolating each manhole to manhole scgment and obtaining a leakage flow measurement using calibrated weirs or other device as approved by the OWNER. Irregardless of whether bypass pumping or temporary line plugging is provided, a plug(s) shall be installed in the manhole immediately upstream of the line being inspected to allow a discrete measurement of inflow to be made as a part of the inspection. The CONTRACTOR shall allow sufficient timc as directed by the OWNER, to allow a stabilized flow measurement to be obtained. Sewer System Inspeetion and Evaluation City of Augusta 01106/03 I I I I I I I I I I I I I I I I I I I 02752-7 Internal Sewer Inspeetions 3.02 FIELD SUPERVISION BY CONTRACTOR A. The CONTRACTOR shall maintain on site, at all timcs, a competent field supervisor in charge of the survey/inspection. The field supervisor shall be approved, in writing, by the OWNER prior to commencement of work. Any change of supervision must also be approved, in writing, by the OWNER prior to the change. The field supervisor shall be responsible for the safety of all site workers and site conditions, as well as ensuring that all work is conducted in conformance with these Specifications and to the level of quality specified. END OF SECTION Sewer System Inspeetion and Evaluation City of Augusta 01/06/03 I I I I I I I I I I I I I I I I I I I SECTION 02757 Sanitary Sewer Point Repair PART 1- GENERAL 1.01 SCOPE A. This section describes repairs to sections of existing sewers that require excavation from the surface to correct major defects in pipe alignment or collapse. Point rcpairs shall be performed as open cut trench pipe replacement construction. The Contractor shall furnish all materials and labor, including bypass pumping and dewatering, necessary to fulfill the requirements of these Specifications. If a repaired joint or section should prove to be defective, the Contractor shall fe-perform the work at no additional cost to the Owner. 1.02 APPLICABLE REHABILITATION METHODS A. Unpaved Point Repair: This work item is for correcting a defect on a pipeline that requires excavation in an unpaved area. Pipe defect(s) may include collapsed pipe or broken pipe, intruding laterals, offset joint, or blockage that prevents the pipeline inspection from proceeding. Repair includes erosion control, excavation, installation of new pipe and fittings, compacted backfill, site restoration and proper disposal of waste materials. The cost basis for this work item will be paid as provided in the Pay Item Schedule. B. Paved Point Repair: This work item is for con'ecting a defect on a mainline that requires excavation in a paved area. Pipe defect(s) may include collapsed pipe or broken pipe, intruding laterals, offset joi nt, or blockage that prevents the pipeline inspection from proceeding. Repair includes crosion control, traffic control, excavation, installation of new pipe and fittings, compacted backfill, pavement replacement, site restoration and proper disposal of waste materials. The cost basis for this work item will be paid as provided in the Pay Item Schedule. C. Replacement pipe shall bc the samc size as the existing pipe and shall be laid on a uniforn1 grade betwcen the ends of existing pipe which remain in place, unless. otherwise indicated by the Owner. It is the Contractor's complete responsibility to set controls as necessary to attain truc linc and grade for thc rcplaccmcnt pipe. D. Locations where point repairs arc required arc based on previously perf0n11ed tests and/or inspections. It is understood that the exact location of the point repair cannot be determined precisely. Location of the required work is the responsibility of the Contractor, and shall be included in the bid price. Sewer System Inspection and Evaluation City of Augusta 02120/03 I I I I I I I I I I I I I I I I I I I 02757-2 Sanitary Sewer Point Repair 1.02 SUBMITTALS A. Submit with Bid Documents. l. A minimum of three references for work that was successfully completed within the last 5 years. Each reference shall include the name of the owner, project name and date work was performcd and an reference contact name and phone number. 2. Sample manufacturer's catalog data for the pipe to be provided for 8 thru 48-inch sizes. 3. Connection fittings to be used for pipe sizes 8 thru 48-inch sizes. 4. Safety equipment. 5. Flow diversion and flow control equipment. B. Submit with each task order. l. Pipe, fittings, backfill materials. 2. Confined Space Entry Pennit/Safety Plan. 3. Confincd Space Entry certification of all entry personnel. 4. Spill prevention and emergency response plan. 5. Flow diversion plan and/or flow bypassing equipment. 6. Traffic control plan (as necessary). 7. Debris disposal plan. 8. Compaction testing results. PART 2 - PRODUCTS 2.01 PIPE AND PIPE FITTINGS A. All pipe and fittings for point repairs shall be PVC pipe as follows: . l. For pipe 8 to IS-inches in diameter, provide solid wall pipe in accordance wit~ ASTM 03034, SDR 26. 2. For pipe 18 to 36-inches in diameter, providc pipe in accordance with ASTM F679, with a minimum pipe stiffness of 46 psi when tested in accordance with ASTM D2412. 3. For pipe larger than 36-inches and up to 48-inches in diameter, providc pipe in accordance with ASTM F794. Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I I I I I I I I I I I I I I I 02757-3 Sanitary Sewer Point Repair B. Connection fittings shall be FERNCO or as approved by the OWNER. 2.02 BACKFILL MATERIALS A. Pipe zone backfill shall bc Type B bedding as noted. Type B (Class I crushed stone): Manufactured angular, crushed stone, crushed rock, or crushed slag with the following gradation requirements. The material shall have a minimum sand cquivalent value of 75. Sicve Size 3/4 -inch Percentage Passing 100 NO.4 No. 200 30 - 50 0-5 B. Final backfill material for pipelines under paved areas shall be Type G backfill material as noted. Final backfill under areas not paved shall be the same material as that used for pipe zone backfill. Type G (aggregate base): Crushed rock aggregate base material of such nature that it can bc compacted readily by watering and rolling to form a finn, stable base for pavements. At the option of the Contractor, the grading for either the 1-1I2-inch maximum size or 3/4-inch maximum size gradation shall be used. The sand equi valent value shall be not less than 22 and the material shall meet the following gradation requirements: Percentage Passing Sieve Size I Y2 -inch Max. Gradation 3/4-inch Max. Gradation 2-inch I Y2 -inch I-inch 3/4 -inch No.4 No. 30 No. 200 100 90 - 100 50 - 85 25 - 45 10 - 25 2-9 100 90 - 100 35 - 55 I 0 - 30 2-9 2.03 PAVEMENT RESTORATION Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I I I I I I I I I I I I I I I 02757-4 Sanitary Sewer Point Repair For repairs in paved areas, backfilling of the pipe and pavement restoration shall be provided as shown in Attachment A of this specification. The cost basis for this work item will be paid as provided in the Pay Item Schedule. PART 3 - EXECUTION 3.01 GENERAL A. After the limits of a particular portion of the existing sewer have been established on the ground, operations shall progress generally as follows: 1. The section of pipe to be replaced shall be isolated by plugging and/or bypass pumping as described in Sections 02750 - Wastewater Flow Control, of the Contract Documents, or by any other method proposed by the Contractor and accepted by the OWNER. 2. Carcfully remove or protcct surface features in work area. Expose the existing pipe. Take adequatc precautions not to disturb any other ex.isting underground facilities. 3. After the defect is located and exposed, the defective pipe or fitting shall be removed by cutting cach side along Iincs perpendicular to longitudinal ax.is of pipe so as to leave "spigot ends" to be connected to replacement pipe and dispose of the existing pipe and concrete encasement, if any. 4. Excavate the trench to a minimum of 8 inches below the proposed pipe bottom, place bedding material in the trench and shaped to form continuous uniform support for the pipe barrel. 5. Pipe shall be installed m accordance with the manufacturer's recommendation. Before bcing lowered into the trench, the pipes and accessories shall be carefully examined and the interior of the pipes shall be thoroughly cleaned of all foreign matter. Pipe shall be installed and jointed, nom1ally beginning at its low or outlct cnd and procccding upstream, with. thc bell ends facing upstream toward the direction of flow. Make' connections to existing manholes or existing pipe remaining in place. Install. I wyes or tees, with branches temporarily plugged, to make reconnections to existing service laterals, as rcquired. 6. Complete placement and compaction of backfill. Backfill materials shall be placed and spread evenly in layers. When compaction is achieved using mechanical equipment, the layers shall be evenly spread so that when compacted each layer shall not exceed 8 inches in thickness. Complete Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I I I I I I I I I I I I I I I 02757-5 Sanitary Sewer Point Repair bedding or encasement and place compacted backfill as necessary to avoid flotation if watcr should enter the trench. 7. Compaction Rcquiremcnts: Backfill compaction shall be 95% of maximum density in accordance with ASTM D 1557 - Tcst Mcthod for Laboratory Compaction Characteristics of Soils Using Modified Effort. All soils testing of samples submitted by the Contractor will be donc by a testing laboratory sclectcd by the OWNER. 8. The completed point repair shall tested for deflection using an ASTM certified rigid bailor mandrel. Deflection testing shall be performed by the CONTRACTOR and be witnessed by the OWNER after the final backfill has been in place at least 30 days. No payment will be made for pipe exceeding 5 percent deflection. Pipe failing to meet the dcflcction limit shall be removed and replaced by the CONTRACTOR at no additional cost to the OWNER. 9. Restore surface features to at least as good condition as existed before construction began, including landscaping, grass and paved areas. Under no circumstances shall the Contractor be allowed to remove concrete or asphalt without prior saw cutting. The saw cutting shall be deep enough to produce an even, straight cut. Sewer System Inspection and Evaluation City of Augusta 02/20/03 I I I I I I I I I I I I I I I I I I I ATTACHMENT A PAVEMENT RESTORATION DETAIL Sewer System Inspection and Evaluation City or Augusta 02757-6 Sanitary Sewer Point Repair 02/20/03 I I I I I I I I I I I I I I I I I I I ASPHALT OVERLAY COMPACTED 1 1/2" THICK 1YPE "IT' - 50' IN WIDTH FOR TKANSVERSE; CUTS - WIDTH VARIES FOR LONGITUDINAL CUTS 25' 2 1/2" COMPACTED ASPHALTIC BINDER. TYPE B CAP. SAW CUT EDGE AND AWL Y TACK 8" OF GRADED AGGREGATE BASE COMPACTED TO 100% DRY DENSrn' 02757-7 Sanitary Sewer Point Repair 25' SAW CUT EDGE AND I\PPLY TACK 6~ SAND/CLAY BASE SUBGRAUE COMPACTED TO 100% SAND/CLAY BACKF'lLL INSTALLED IN 8" LIFTS. COMPACTED TO 95% PIPE BEDDING PER AUGUSTA UTILITIES DEPi\.RTMENT STANDARDS 1. THIS DETAIL SHALL AWL Y TO AUGUSTA UTILITIES DE;PAR'I'ME[\'1' ROND PROJEC'TS ONLY. '2. TOP 10 ] /2" OF TRENCH TO BE GRADED AGGEGATE BASE. 1'0112 1/2" OF GRADED AGGRI<:OATE RASE TO BE REMOVED AND R8PLACED Wrrll TYPE B ASPH...\LT BINDER UPON INSTALLATION OF ASPH.O\L'f CAP. .3, DETArL SHOWS A T~SVERSE CROSS SECTION. OVERLAY WrDTIf M;\Y VARY FOR LO~GITL'D1NAL CUTS. AUGUSTA UTILITIES DEPARTMENT BOND PROJECT ROAD CUT DETAIL (I'1I'E [/\ EXISTING ROADWAY) NOT TO SCALP. NOVEMBER 8, 2002 END OF SECTrON Sewer System Inspection and Evaluation City of Augusta 02/20/03